are as the Dies Nefâ—sti wherein the Courts sit not so that in one fourth part of the year and that in one City all considerable causes of the greatest part of England are fully decided and determined whereas in forreign parts the Courts of Justice are open all the year except high Holydayes and Harvest and that in all great Cities This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peaceableness and industry then other people and that rather then go so far as London and be at so great Charges with Attourneyes and Lawyers they will either refer their differences to the Arbitration of their Parish Priests who do or ought to think it a Principal part of their Duty to reconcile differences within their Parishes or to the Arbitration of honest Neighbours or else are content to submit their differences to tryal before the Judges of Assises or the Itinerant Judges who twice a year viz. after the end of Hilary Term and after the end of Trinity Term two by two of these principal Judges ride several Circuits and at the Principal Town of every County sit to hear and determine all Causes of lesser moment both civil and criminal a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits not the same that are now and to each Circuit allotted three judges Wales also is divided into two Circuits North and South Wales for which are designed in like manner two Sergeants at Law for each Circuit These Judges give Judgment of the Pleas of the Crown and all Common Pleas within those Counties dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defendants and that by their Peers a Jury of 12 men ex viceneto out of the neighbourhood where about the business lyes So that twice a year in England and Wales Justice may be said to be rightly and speedily administred even at our own doors Besides the forementioned Courts at Westminster Henry 8. erected for the more ease of the Subject a Court in the North of England another for the County of Wales and Counties adjoyning and intended another for Cornwall and Devonshire and these in manner of those Courts called in France Parlements where all cases might be decided both according to the Laws of England and according to equity in Chancery Of these Courts that for Cornwal was never fully erected those people desiring rather to come to London for Justice that of the North was by the late long Parliament taken away and so was that of Wales but this last since the Restauration of the King again erected Of this Court or Council of the Marshes of Wales is a Lord President at present the Lord Vaughan Earl of Carbury divers Councellors Secretary Attourney Sollicitor Surveyor who have Salaries from His Majesty HAving given a brief Account of the Civil Government of all England in General next shall be described the particular Government of Counties Hundreds Cities Burroughs and Villages For the Civil Government of all Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers men of worth and parts who have their usual residence in the County so many as His Majesty pleaseth to keep the Peace of the County and these by Commission under the great Seal are called Justices of Peace and such of them in whom the King doth more particularly confide or respect are called Justices of the Quorum from those words in the Commission Quorum A. B. unum esse volumus that is some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of Peace and Quorum is by the Lord Keeper made Custos Rotulorum so called because he hath the Custody of the Rolls or Records of the Sessions and is to bring them to each Quarter Sessions The Original of Justices of Peace is from the first year of Edward 3. Their Office is to call before them examine and commit to Prison all Theeves Murderers wandring Rogues those that hold Conspiracies Conventicles Riots and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects to commit all such to prison as either cannot or by Law are not to be bailed that is cannot be set at liberty by Sureties taken for their appearance at a place and time certain land to see them brought forth in due time to Tryal Every Quarter or three months the Justices meet at the chief or Shire Town where the Grand Enquest or Jury of the County is summoned to appear who upon Oath are to inquire of all Traitors Hereticks Theeves Murderers Money-coiners Riots c Those that appear to be guilty are by the said Justices committed to prison to be tryed at the next Assises when the Judges of Westminster come their Circuits aforementioned For execution of Laws in every County except Westmorland and Durham the King every Michaelmas Term nominates for each County a Sheriff that is a Reeve of the Shire Praepositus or Praefectus Comitatus a Governor or Guardian of the County for the words of the Patent are Commisimus tibi Custodiam Commitatus nostri de N. The Sheriffs Office is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to empannel Juries to bring Causes and Criminals to Tryal to see the sentences both in Civil and Criminal affairs executed to wait on and guard the Itenerant Judges twice a year so long as they continue within the County which at the Assises is performed with great Pomp Splendor Feasting c In order to the better execution of his Office the Sheriff hath attendant his Under-Sheriff divers clerks Stewards of Courts Bayliffs of Hundreds Constables Gaolers Sergeants or Beedles besides a gallant train of servants in rich Liveries all on Horseback at the Reception of the Judges He was antiently chosen as Knights of the Shire but to avoid Tumults it is now thus Every year about the beginning of November the Judges Itinerant nominate six fit men of each County that is Kts. or Esquires of good Estates out of these the Lords Keeper Treasurer Privy Councellors and 12 Judges assembled in the Exchequer Chamber and sworn make choice of three of which the King himself after chooseth one to be Sheriff for that year only though heretofore it was for many years and sometimes heriditary as at this day to the Cliffords who by dissent from Robert de Vipont are Sheriffs heriditary of the County of Westmoreland by Charter from King John Furthermore the Sheriffs Office is to collect all publick profits Customes Taxes of the County all Fines Distresses and Amerceaments and to bring them into the Kings Exchequer or Treasury at London or else where as the King shall appoint The
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake oâ— Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Coâ—porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Aldermâ—n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leetâ— or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
a Bishop for their Prolocutor and the Lower being required by the Highe House to choose them a Prolocutor or Speaker which done they present him to the Upper House by two of their Members whereof one makes a Speech in Latin and then the Elect person makes another Speech in Latin Lastly the Archbishop answers in Latin and in the name of all the Lords approves of the person Both Houses debate and transact only such matters as His Majesty by Commission expresly alloweth In the Upper House things are first proposed and then communicated to the Lower House The Major vote in each House prevailes Out of Parliament time they usually assemble every day about Nine of the clock and first the Junior Bishop sayes prayers in Latin beginning with the Letany and then for the King c. And in the Lower House the Prolocutor says prayers In Convocation are debated only matters concerning Religion and the Church and sometime of giving His Majesty assistance in Money for as the Laity cannot be taxed without their own consent signified by their Representative in Parliament so the Clergy cannot be taxed without their consent signified by their Representative in Convocation The Clergy in Convocation might antiently without asking the Royal Assent and now may with the Royal Assent make Canons touching matters of Religion to bind not only themselves but all the Laity with-out consent or ratification of the Lords and Commons in Parliament Till the late Rebellion the Parliament did not at all meddle in the making Canons or in matters Doctrinal or in Translation of Scriptures only by their civil Sanctions when they were thereto required did confirm the Results and Consultations of the Clergy that so the people might be the more easily induced to obey the Ordinances of their Spiritual Governors The Clergy of England had antiently their Representatives in the Lower House of Parliament as appears by that antient Record so highly prized by the late Lord Coke and as the Upper House had and still hath Lords Spiritual as well as Temporal so in the Lower House there were always Commons Spiritual as well as Temporal for that Record saith expresly that the Commons in Parliament consist of three degrees or kinds First ex Procuratoribus Cleri Secondly ex Militibus Comitatuum Thirdly ex Burgensibus and the words of the Writ directed now to the Procuratores Cleri seem to give them the very same right to sit in that House as the words of the Writ to the Knights Citizens and Burgesses do give to them All the Members of both Houses of Convocation have the same priviledges for themselves and menial Servants as the Members of Parliament have and that by Statute The Archbishop of York at the same time holds at York a Convocation of all his Province in like manner and by constant correspondence doth debate and conclude of the same matters as are debated and concluded by the Provincial Synod of Canterbury Now for the Executive power in Church matters throughout the Kingdom of England there have been provided divers excellent Courts whereof the highest for criminal Causes was the High Commission Court for the jurisdiction whereof it was enacted primo Elizabethae that Her Majesty and Successors should have power by Letters Patents under the Great Seal to nominate Commissioners to exercise jurisdiction throughout the whole Realm to visit reform and correct all Errors Heresies Schisms Abuses and Delinquencies that may by any Ecclesiastical power be corrected or reformed This Court consisted of the highest persons of England in the Church and State and was the principal Bulwark and Preservative of the Church of England against the practices and assaults of all her Adversaries whether Romanist Puritan or Atheist yet for some pretended abuses the use thereof was taken away in the late seditious long Parliament whereupon followed a deluge of Errors in Religion Apostacy Atheism Blasphemy Sacriledge Incest Adultery impious Libels Schisms Conventicles c. all which so overwhelmed the manners of English men and occasioned at length so many profest Atheists that until the re-establishment of this or the like Court there cannot a Reformation be reasonably hoped for For civil affairs that concern the Church the highest Court is the Court of Delegates for the jurisdiction whereof it was provided 25 H. 8. that it shall be lawful for any subject of England in case of defect of justice in the Courts of the Archbishop of Canterbury to appeal to the Kings Majesty in his Court of Chancery and that upon such appeal a Commission under the Great Seal shall be directed to certain persons particularly designed for that business so that from the highest Court of the Archbishop of Canterbury there lies an Appeal to this Court of Delegates and beyond this to none other Next to the Court of Delegates are the Courts of the Archbishop of Canterbury where any Ecclesiastical Sutes between any persons may waving all inferior Courts be decided amongst them the highest Court is the Court of Arches so called from the Arched Church and Tower of S. Maries in Cheapside London where this Court is wont to be held the Judge whereof is called Dean of the Arches having jurisdiction over a Deanery consisting of 13 Parishes within London exempt from the jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury To this Court belongs divers Advocates all Doctors of the Civil Law two Registers and ten Proctors the Dean at present is Doctor Sweat In the next place the Archbishop of Canterbury hath his Court of Audience kept within the Archbishops Palace and medleth not with any difference between parties but concerning Elections and consecration of Bishops Admission and Institution to Benefices dipensing with Banes of Matrimony c. The next Court is called the Prerogative Court which judgeth of Estates fallen by Will or by Intestates so called because the Archbishops jure Praerogativae suae hath this power throughout his whole Province where the party at the time of death had 5 l. or above in several Dioceses and these two Courts hath also the Archbishop of York Lastly the Court of Peculiars which dealeth in certain Parishes lying in several Dioceses which Parishes are exempt from the jurisdiction of the Bishops of those Dioceses and are peculiarly belonging to the Archbishop of Canterbury in whose Province there are 57 such Peculiars Besides these Courts serving for the whole Province every Bishop hath his Court held in the Cathedral of his Diocess over which he hath a Chancellor tearmed antiently Ecclesiecdicus Episcopi Ecdicus the Church Lawyer or the Bishops Lawyer who being skill'd in the Civil and Canon Law sits there as Judge and if his Diocess be large he hath in some more remote place a Commissary whose authority is only in some certain place of the Diocess and some certain Causes limited to him by the Bishop in his Commission and these are called Consistory Courts