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A68283 Foure bookes of offices enabling privat persons for the speciall seruice of all good princes and policies. Made and deuised by Barnabe Barnes. Barnes, Barnabe, 1569?-1609. 1606 (1606) STC 1468; ESTC S106957 238,357 234

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those houses of Parliament by generall consent concerning the publicke weale or generall good or euill it behooueth first that they soundly and maturely deliberate and consult vpon any thing important sifting out the circumstances which may tend to the most benefit or praeiudice and conscionably pondering each point in the ballance of reason may condiscend to that which will least preiudice the maine for when the billes of those houses are once exhibited past and inacted they cannot be repealed without another Parliament by generall consent of the Prince and of all persons In this high court all Iudgements issuing out of the Kings bench the Chauncerie Common plees the Exchequer the court of Wardes and that which proceedeth out of the court of Parliament it selfe may bee reuersed by writ of Error There are likewise other courts Ecclesiasticall and Ciuill Ecclesiasticall as the whole Conuocation of our Clergie assembled with our States of Parliament consisting of Deanes and Chapiters Archdeacons Procters of Cathedrall Churches and Deligates which are the generall with prouinciall Synods of Canterbury and Yorke vnto whom all the Byshopricks of England and Wales suffragate In speciall such generall courts as answere to this Synod are the Consistorie the Arches for appeales court of the Chancelor or Audience Commissaries court or the Prerogatiue for probate of Testaments with the court of Faculties for dispensations the courts held at Canterbury by the Chancellor for the Diocesse the court of peculiar Deaneries appertaining th'Archbishop and yet belonging vnto diuers Bishoprickes vnto which other Byshops are also subiect Euery priuate Bishop or Soueragaine haue courts also within their seuerall Diocesse to themselues peculiar their cours of Chancellers Archdeacons or Officials Ciuill courts hold plees either in cases of right dealing or in ciuill causes betwixt the prince and his tenants But of the Exchequer where those causes betwixt the Prince and his tenants are decyded I did speake somewhat in my first Booke The Dutchie of Lancaster by grant from King Edward the third to Iohn of Gaunt was exstinct by vnion of Possession with the crowne in person of King Henrie the fourth by whom it was seuered and so continued the whole times of King Henrie the fift and King Henry the sixth then vnited by Edward the fourth which being seperated againe by King Henrie the seuenth remaineth yet accordingly The Court of Chancerie wherein ought to bee the seate of equitie which mitigateth or morderateth the Law or as Aristotle calleth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tanquā sine fuco without guile or subtile hypocrysie should seeme to distribute and execute the Lawe of nature and conscience being corrected by reason but confirmed by Religion It is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the soule or that naturall facultie with perswadeth the good and diswadeth that which is euill and therefore as I sayd elsewhere Equitie should seeme to bee that Balme which modefieth and molefieth the rigorous Letter and rugged forehead of Law graciously smoothing the same with a blessed serenitie For when the Law by seuere interpretation is drawne to inconuenient kinds of facts and by colourable arguments mooued to frustrate the good meaning of the Statute then our recourse in England is made vnto the Chancerie being so notable and common that in other Courts through the corrupt levine and couetous malice of some Lawyers right is many times peruerted For diuers wylie Sophysters arguing with subtile insinuations and heaping vp authorities enforce the Letter of our Statutes that they may bee thereby accomodated to their owne corrupt purposes so that the violence done by such a Counsellor is much more then that which is offered by the wrong dealing plaintiffe or defendant against the innocent grieued Hence is this iniquitie thus enforced by the smoothe tongue of a subtile Lawyer which often times vrgeth and procureth a seuere or sinister sentence from whence appeale is made vnto this Court of equitie which is the Kings iust mercie seat from whence is dispensed that which is vulgarly called aequum bonum aequum iustum aequum iustum Intimating righteousnesse and goodnesse right and iustice and indifferent iustice for euen the lawes themselues require that they may be gouerned by trueth Et vt leni facili ac benig na interpretatione temperentur veréque dicitur nullus recedat a Cancellaria sine remedio To be qualified with a gentle milde and fauourable interpretation And it is a true saying Let no man depart from the Court of Chancerie without remedie The iudgements deliuered in this Court of honourable grace cannot be but by the Court Parliament reuersed the speciall proceedings in Chancerie are by petitions trauerses and shewing of right In this Court the Lord Chauncello●… is iudge with the master of Rolles next vnder them the masters of the Chauncerie the sixe Clerkes and cursitors Adioyning these is the court of requests All those ciuill courts prementioned hold plee betwixt subiect and subiect either in triall of land causes as the kings Bench so farre at it dealeth in matters of debt assumption actions vpon the case properly belonging to the court of the Common plees or in the Common plees begun by king Henrie the 3. Likewise in the matters of Marshallsea within the virge limited to twelue miles neere to the kings house and no more where the steward and Marshall are iudges or in marine causes determinable in the Admiraltie which court was erected by king Edward the third all of them being generall courts Those which are speciall and peculier to some one prouince people or seignorie subiect to the state of this crowne doe follow The Constables court in Wales wherein the President and counsell with the Secretarie and examiner the Clarke of the counsell and keeper of the billes doe sit In the North part of England also where at Yorke a President and counsell is established both which counsels are fashioned according to the forme of Parliaments in France Likewise the Chauncellers court in the Exchequer which hath a Seale the writs vnder which are more antient then the Register or Prerogatiue There are also diuers base courts which as it should seeme were first of any that we can read begunne by Moses who did establish Iudges These ruled Tribes Hundreds Fifties tenths to whom he referred the decision of small causes reseruing to himselfe matters of most importance These courts were continued amongst vs in example by king Alfred the Saxon and a Christian king who deuided his realme First into lathes rapes ridings and them into wapentakes hundreds and those into leets court Barons tithings piepouders Secondly into Sherifes turnes and hundreds King Henry the second deuided this realme into sixe parts vnto each of which he did assigne three iustices called Itinerants by Bracton and iustices in eire by Britton whose circuits Roger Houeden describeth to be like our iuridicall circuits at this day and so much in generall touching the formes and nature of our Ecclesiasticall and