and out of Sessions We shall only make some short and brief Remarks and Observations thereupon As First He that is named in the Commismission of the Peace under the Great Seal is certainly a Justice of Peace Such of these in whom the King more particularly confideth are called Justices of the Quorum Their Office and Duty is to be considered that some Things cannot be done without Two Justices and in some cases One or Two must be of the Quorum and when a Statute appointeth a thing to be done by Two Justices if the Offence be against the Peace one may grant a Warrant to bring the Offender before these Two Justices or may take Bail for his Appearance at the next Sessions or he may bind him to the Good Behaviour and so to appear at the next Sessions but he may not determine the Matter alone And whatever one Justice may do may ever be done by more And they may be punished for their Neglect Any Justice may require any number of Men to assist him in his Duty for apprehending all Felons Murderers and the like and such as are able must obey them or they may be bound to the Good Behaviour or Fined for their Disobedience But he cannot give Warrant to break open any mans House to Search for a Felon or stolen Goods upon a bare Surmise A Justice of Peace may do all that a Constable or Private person may do touching Keeping the Peace by Common Law They are in the Room of the Ancient Conservators of the Peace and have the same power they had Where a Statute giveth a power in general of any Offence and doth not mention where it is to be done it cannot be done out of the Sessions of the Peace but if it give power to do a Special thing it may be done out of any Sessions They must act cautiously in Execuing the power given them by Acts of Parliament and see that they strictly pursue it and therefore must observe the words of the Statutes which are penned diversly and consider if they are not Repealed The Justices have power in small Offences or Trespasses to appoint such Recompence as he shall think fit and if he judge him unable or if he do not make and pay such Satisfaction he may order him to be Whipp'd and for the second Offence he may order him to be bound to the Good Behaviour or send him to the House of Correction If the Offender be able he must bear the Charge of himself and those who convey him to Prison or otherwise the Justice may give Warrant to levy it upon his Goods Any one Justice may compel a Man to take Crack'd-Money and may determine all Defaults about Money 19 H. 7.15 17 E. 4.1 6 W. 3. There must be Two or more about dividing of a Wood being appointed thereunto by the Sessions upon the Lord's Complaint 35 H. 8.7 13 E. Any Justice of Peace may require such as are between 15 and 60 years of Age to be Sworn to Keep the Peace There must be Two Justices one Quorum to give the Sheriff and his Bayliffs and Deputies their Oaths and this Exì officio without Commission otherwise of a Special Bayliff See 27 Eliz. 12. Recognizances must be Certified next Assizes or Sessions 5 6 Ed. 6 25. A Supersedeas out of Chancery is to be certified at the Sessions together with the Recognizance A Certiorari brought before the Day will discharge the Recognizance and this Writ of Certiorari comes from the Chancery If any Officer have a Warrant from a Justice of Peace and shall have a Supersedeas from the Chancery or Kings-Bench or any Justice of Peace of the County and yet urge the party to find Sureties he may refuse to give it and if he arrest him he shall have False Imprisonment against him An Alias Capias or Exigent awarded against one Indicted of Trespass or the like upon Surety found in Chancery may be stayed from thence or the Sheriff commanded not to arrest him or if he be arrested to take Sureties and let him go So when he hath given Sureties Two Justices Quorum unus some say one Justice may grant a Supersedeas The Certiorari to remove the Record is in it self a Supersedeas but a Man may have a Supersedeas to the Sheriff also Supplicavit is a Command out of Chancery or Kings-Bench to bind some one to the Peace or Good Behaviour concerning which Seven things are observable Vide Shepherd's Justice 224. Mittimus is the Warrant to send the Prisoner to Gaol and it must be in Writing under Hand and Seal unless it be by Order of Sessions The Cause must be expressed otherwise it will not be the same Offence in him who suffers an Escape If it be without Bail or Mainprize and yet the Cause expressed is Bailable other Justices may Bail him The Conviction of Offenders by the Common Law is by Indictment and Jury For Trial by Examination and Witnesses is not allowed but where it is at the Discretion of the Justices or so directed by Statute Justices of Peace ought to be cautious for they may be Punished either in the Sessions or by Justices of Assize Their Reward is 4 s. per Diem for themselves and 2 s. per Diem for their Clerks to be paid with their Charges in some Cases out of Fines levied by the Sheriff besides several Fees and other Allowances Vide Shepherd's Justice They shall not be punished for Ignorance c. The Sessions is a Court where the Justices sit for Execution of their Office and there are Two kinds of Sessions The General or Quarter-Sessions for General Execution of their Commission over all their Limits and kept Quarterly viz. In the first Week after Epiphany The first Week after the Clause of Easter The first Week after Translation of St. Thomas the Martyr being the 7th of July And the first Week after St. Michael or more often if need be And in this Court the Justices are Judges of whom there may not be less than Two whereof one of the Quorum And they ought to sit at the most Principal and Chief Towns and where it hath been usually held And all things done before them are of Record against which no Averment lieth And for their several Powers and Jurisdictions besides what is mentioned before you may read the Statutes and Authors at large who treat thereupon To whom we refer and pass on to their Power in The Special Sessions which is of Special use for Ridding the Gaols and other purposes And herein they may take as much and as little business upon them as they please and have unless in some particular cases the same Power as in their Quarter-Sessions And this Special Sessions may be kept at any place and held at any time and as long as the Justices think fit and may be kept by One Justice or more who have like power in many cases with the Justices in or out of their
quarter-Quarter-Sessions of which you may read more in Authors at large And this Special Sessions is also sometimes called Statute Sessions It being enjoyned by several Statutes that they with the Constables of every Hundred do meet and that Masters and Servants do appear for deciding Differences Rating Servant's Wages and bestowing of People are fit to Serve and Refuse or cannot get Masters in Service And now a word or two of their manner of Proceeding which in an ordinary way lieth in Three things 1. Information 2 Hearing and Tryal 3. In giving Judgment and doing Execution By Information the Judges of these Courts take knowledge of Offences either by presentment of Publick Officers as Stewards of Leets Supervisors of High-ways Constables or the like And these are not sent to the Grand Jury to be found by them but are a Perfect Information of themselves to which the party accused must answer And the Information given by the Jury is Two ways either by Indictment or Presentment and the Justices are to receive in this such Indictments they ought but none other and they must ex officio see they are well drawn A Justice may present Defaults as of High-ways c. upon his own View-And any Man may Inform against Offenders without danger But these Common Informers must be allowed of Record and if once turned out are never again to be admitted and must prosecute within the time limited by the Statute of 31 Eliz. and must bring his Informations in the same County and to these ends must be sworn 21 Jac. 1.4 And now we proceed to Hearing and Tryal in which are included the Calling the party his Appearance and Defence The Process for Calling the party upon Indictments for Treason or Felony is 1. Capias 2. Alias Capias 3. Exigi facias If for Indictments of Lesser offences a Venire facias and if Sufficient then Distringas and Process Infinite But if Nihil habet be Returned then Capias Alias Pluries and Exigi facias The Process upon any Indictment or Presentment for an Offence against a Statute shall be such as the Statute shall direct otherwise the Ordinary Process of the Common Law There are other Processes as Freri Facias and Capias after Judgment for doing Execution 5 amp 6 Ed. 6.14 and in some cases Elegit See 31 Eliz. 7. But touching Process Three things must be observed 1. That no Process Issue but upon Inquisition of Twelve Men or Return of a Sworn Officer some Special Cases excepted 2. They are not granted upon Suggestion by Word or Writing 3. Nor may Process Issue but Sedente Curia And sometimes the party comes in by Recognizances which are to be Certisied to the next Sessions after they are taken when and where the Appearance of the party or his Default of Appearance is Recorded and Certified And Bail is to be taken Quando stat indifferenter but not otherwise The Justices cannot Award Process upon Recognizance forfeited but must certifie the same and the cause of Forfeiture into some of the Courts of Record at Westminster That Process may Issue from thence Supersedew from above must be brought by the party at the Sessions for if he send it will scarcely be allowed If one be bound to appear at the Quarter Sessions he must appear there If at the Sessions he may appear at any Sessions Dalt J.P. 237. Certiorari coming before the day to remove the Recognizance into the Chancery or Kings Bench will discharge the appearance Dalt J. P. 237. After Appearance the Party must either confess and submit to the Fine or Traverse the Charge and if so he must be bound to Prosecute it unless it be Tryed presently which must be by Pety-Jury And this is called an Arraignment or Tryal and if they pass for the King And find him guilty of the offence or he confess it or stand out an Utlary so that it come to a Conviction Then are the Justices to give Judgment and see Execution done according to Law In which they must observe these Rules First In giving Judgment They must adjudge Men according to Law For where the Law appointeth a Corporal they may not inflict a Pecuniary Punishment Et sic è converso Neither may the change the Degree of Punishment They have power to inflict Corporal Punishments as Death cutting of the Parts of the Body Burning or Marking Imprisoning Whipping Stocking or Cucking Stool and Pecuniary Punishments as loss of Offices Lands or Goods Fines or Issues Amerciaments In fame as to Brand a Man that is Perjured that his Testimony afterwards shall be of no Credit They may not set a Fine or Amerciament but Sedente Curia and all Fines must be reasonable Where the Stature appoints a Penalty no other can be imposed neither may the Justices mitigate it after the Party is Convicted by Confession or otherwise But if the Party Indicted before his Conviction come into Court and Protest his Innocency yet Quia noluit placitare c. he putteth himeself to the grace of the Court the Justices may and do usually Impose a Moderate Fine and by Order forbear the prosecution Other Judgments being rarely or more seldom given or Executed by Order of these Courts or the Sessions But the Pillory Whipping or Fine The Execution of the two first being commonly known we shall only speake of The Fine which if it be at Common Law hath Imprisonment incident till it be paid yet in such Case the Justices may take a Recognizance for Payment of it and deliver the Party out of Prison or they may cause the Clerk of the Peace to Estreat all Fines and Amerciaments by Indenture into the Exchequer for the Sheriff to levy and they are to keep one part of the Indenture themselves Thus having giving a Short view of the Jurisdictions and Proceedings of these Justices in their Sessions I refer all other Matters concerning them and their Authority to the Authors who have written largely upon that Subject The Court of Inquiry of the Defaults of Justices of Peace Justices of Assize Sheriffs and Under-sheriffs c. THis Court is raised by the Statute of 2 Hen. 5. And is a Court only of Inquiry touching the Execution of the Statute of 13 Hen. 4 cap. 7. concerning Riots Routs and unlawful Assemblies And they are to certifie their Inquests incontinently into the Chancery As by the said Statute more at large appeareth See 19 Hen. 7. cap. 13. For the Execution of Laws in each County THe King every Michaelmas Term upon nominating six by the Justices Itinerant Three whereof are Struck out by the Lord Chancellor Treasurer and Judges out of the remaining three about Crastino Animarum yearly pricks one fit person for Sheriff of each County except for Westmoreland and Durham which are Hereditary who is to Execute the Kings Mandates and all Writs directed to him out of the Kings Courts Impannel Juries bring Causes and Criminals to Tryal and to see Sentences both in Civil and Criminal Affairs
Jurisdiction of the Ordinary be saved as by 1 Eliz. in case of hearing Mass or 13 Eliz. for Usury or the like neither Clerk nor Layman shall be compelled to take Juramentum Calumniae because it may be an Evidence against him at the Common Law upon the Penal Statutes The Oath Juramentum Calumniae was warranted by Act of Parliament It is an High Contempt to Minister an Oath without Warrant of Law to be punished by Fine and Imprisonment A Christian may not induce an Infidel or Idolater to Swear by false Gods but may take his Credit by so Swearing to a good end Coke's 4 Inst 155. No Ecclesiastical Person shall tender the Oath Ex Officio or any Oath whereby the party shall be compelled to Accuse or Purge himself See Statutes Title Crown 162. The 2 Houses of parliament being either of them Courts may take voluntary Oaths Coke's 2 Inst. 536. The Lord Coke saith I wonder so little consideration is had of an Oath as I daily observe Cum jurare per Deum actus Religionis sit Quo Deus testis adhibetur tanquam is qui sit omnium rerum Maximus c. Coke's 4 Rep. 95. Slade's Case Jurare in propria causa est Saepenumero hoc Seculo praecipitium Diaboli ad destruendas miserorum animas ad infernum Coke's 4 Rep. 95. Slade's Case See before in Commissioners for Examination of Witnesses Page 203. To the King's Swanherd BY Stat. 1 Jac. 1.27 Every Person Convicted by his Confession or 2 Witnesses before 2 or more Justices of Peace To have killed or taken any Pheasant Partridge Pigeon Duck Heron Hare or other Game or to have taken or destroyed the Eggs of Pheasants Partridges or Swans shall by the said Justices be Committed to Prison without Bail unless he pay 20 s. to the use of the Poor for every Fowl Hare and Egg And after one Months Commitment to give Sureties in 20 l. each never to offend Vide Statutes for Preservation of the Game All White Swans not marked which have gained their Natural Liberty and are Swimming in an Open and Common River may be seized to the King's use by his Prerogative Because Volatilia Quae sunt ferae naturae alia sunt Regalia alia Communia And so Aquatilium alia sunt Regalia alia Communia And as a Swan is a Royal Fowl and all those the Property whereof is not known do belong to the King So Whales and Sturgeons are Royal Fishes and belong to the King But the Subject may have property in White Swans not marked as in his own private Waters And if they go out of those private Waters into Open and Common Rivers yet Eousque nostra intelliguntur quandin habuerunt animum revertendi The like are Cervi Pavones Columbae hujusmodi Resolved That every one who hath Swans within his Manor that is to say within his private Waters hath a property in them For a Writ of Trepass was brought of wroungful taking his Swans scilicet Quare Cygnos suos c. 2. One may prescribe to have a Game of Swans within his Manor as well as to have a Warren or a Park 3. He who hath such a Game of Swans may prescribe that his Swans may Swim within the Manor of another 4. A Swan may be an Estray and so cannot any other Fowl Coke's 7 Rep. 16. Case of Swans The Custom of the County of Bucks is for him who hath property of Swans in the Thames to have two Cygnets and Owner of the Land where the Swan buildeth shall have one Cygnet If one â—ave a Cock and tother a Hen the â—ygnets of them shall be equally divided between them None can have a Swan-mark called Cygni-nota but by Grant of the King or of his Officers thereto authorised or by Prescription and if a Man hath a Swan-mark and hath Swans swimming in an open River lawfully marked therewith they belong to him ratione Privilegii and he may grant such Swan-mark over But if he hath not Five Marks per Annum he forfeits his Swan-mark The King may grant Swans unmarked and by consequence a Man may prescribe to have Swans unmarked in such a place In some Creatures which are ferae Naturae a Man hath Jus Proprietatis and in others Jus Privilegii and there are three kinds of Property 1. Absolute 2. Qualified 3. Possessory Of all which you may read in Coke's 7 Rep. 16 to 18. Case of Swans By Stat. 22 Ed. 4.6 None but the King's Son shall have any Mark or Game of Swans of his own or to his use except he hath Lands and Tenements of Freehold worth Five Marks per Annum besides Reprizes in pain to have them seized by any having Lands of that Value to be divided between the King and the Seizor See before in The King's Swanherd Pag. 204. To the King's Aulnager NOte by Stat. 12 Ed. 3.3 No Clothes made beyond Sea shall be brought into the King's Dominions on pain to forfeit the same and to be further punished at the King 's Will. By Stat. 11 Ed. 3.5 Cloath workers of strange Lands which come into the King's Dominions shall have the King's Protection dwell where they please and have convenient Franchises granted unto them By Stat. 17 E. 3. Stat. 1.4 Cloaths shall not be forfeit for want of Measure but the Aulnager shall measure them and fix a Mark thereunto expressing what each Cloath contains By Stat. 3 R. 2.2 the Aulnager shall not feal a pieced Cloath in pain that the Owner shall forfeit the Cloath and the Aulnager his Office By Stat. 17 R. 2.2 No Cloath shall be sold before it be measured and sealed by the Aulnager upon the Pains contained in the Statutes thereof made By Stat. 4. H. 4.24 the Aulnage may be let to Farm by Improvement according to the Discretion of the Lord Treasurer and barons of the Exchequer notwithstanding the Statute of 17 R. 2. And much more of his Office and Duty and Measuring Regulating and making of Cloaths c. you may read in the many divers Statutes concerning the same Vid. the Statutes concerning Drapery See before in the King's Aulnager Page 205. To the Court of the Sessions of the Peace A Justice of Peace may make a Warrant to bring the Party before himself but if the Warrant be any Justice then the Constable may carry the Party before whom he will Coke's 5 Rep. 59. Foster's Case Where Stat. 8 H. 6. speaketh of Justices of Peace Justices of King's-Bench are within the Statute because they have the Sovereign and Supreme Authority in such Cases Stat. 5 H 4. Enacts That no Justice of Peace shall commit any to Prison but only in the Common Goal saving to Lords and others who have Goals their Franchises in such Case Therefore Justices of Peace offend in committing Felons c. to the Compters in London Coke's 9 Rep. 118 119. Lord Sanchar's Case A Justice of Peace upon the View of the Force may commit but he ought to
make a Record of it Coke's 8 Rep. 120. Dr. Bonham's Case Justices of Peace may commit Vagrants to Prison if they will not serve and they may command the Goalers to set 'em at liberty without any other Writ F. N. B. 374. Justices of Peace shall be made of the most sufficient by the Advice of the Chancellor and King's Council without taking others dwelling in Foreign Counties except Lords Justices of Assize and the King 's Chief Steward of Dutchy Lands in North and South St. 2 H. 5. Cap. 2. 18 H. 6. None except Men Learned in the Law or inhabiting Corporations shall be Justices of peace unless their Lands be worth 20 l. per Annum Justices in Middlesex not compellable to keep their Sessions more than twice in the Year but may keep them oftner Stat. 14 H. 6. Vid. the Statutes concerning Justices of Peace Sat. 5 6 W. M. Certiorari to remove Indictments shall not be out of the King's Bench before Trial and from before Justices of General or Quarter Sessions of Peace unless upon Motion of Council and Rule in open Court and the Party indicted find two Manucaptors before one or two of the Justices in the County in 20 l. to plead to the said Indictment in the King's Bench and at their own Charges to procure the Issue joyned upon such Indictment to be tried at next Assizes after the Certiorari returnable Or if in London Westminster or Middlesex then next Term or Sitting after Term unless the Justices appoint some other time of which Notice must be given Costs against the Prosecutor of the Certiorari if he be Convicted In Vacation time Writs of Certiorari shall be granted by any Justice of King's Bench the Justice and Parties Name being indorsed and finding Sureties If upon any Indictment for not repairing High-ways the Title may come in Question upon Affidavit thereof a Certiorari may be granted to remove it into King's Bench upon Sureties found Vid. Washington's Abridgment of Statutes 152. Justices of Peace shall deliver their Indictments to the Justices of Goal-Delivery And Justices of Goal-Delivery may take a Pannel of a Jury returned by the Sheriff without making any Precept which Justices of Oyer and Terminer ought to make Coke's 4 Inst 168. For the Institution of Justices of the Peace and their Duty and Authority and of what they may inquire See the Stat. 4 H. 7. and Coke's 4 Inst 170 to 183. Justices of Peace Sheriffs in their Tourns and Lords in their Leets may enquire of false Weights and Measures c. Coke's 4 Inst 273. If the Commission of Sewers determine the Justices of Peace have Power to execute for one year Coke's 4. Inst 276. By Stat. 2 3 P. M. 18. a new Commission of the Peace or Goal-Delivery for the whole County shall not be a Supersedeas to a former like Commission granted to a City or Town-Corporate being no County Those who desire to see more of their Institution Jurisdiction and Authority may read thereof more at large in Dalt Just Coke's 4 Inst and other Authors who treat thereof and in the Statutes at large See before in Court of the Sessions of the Peace Page 210. To the Court of the Tourne THIS Court of the Tourne is the King 's Leet through all the County and the Sheriff is Judge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourne From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious Men and Women and all such as have Hundreds of their own to be kept who are not bound to appear except for some other Cause but only in the Bailywicks where they dwell Stat. Marleb 10.25 H. 3. By Stat. 31 Ed. 3. Sess 1.15 Every Sheriff shall hold his Tourne yearly one time within the Month after Easter and another time within the Month after Michaelmas on Pain to lose his Tourne for the Time This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in his Court such as he will at his Peril answer for but he cannot prescribe to take any thing for the keeping of his Tourne because he is an Officer removeable And by Magna Charta Chap. 35. he is to keep his Tourne in the Hundred at the usual Place It was Enacted by Stat. 1 Ed. 4. That all Indictments and Presentments taken before the Sheriff in his Tourne or County shall be delivered to the Justices of the Peace at the next Sessions in Pain of 40 l. who shall Arraign Deliver make Process and proceed thereupon as if they were taken before themselves and shall deliver indented Estreats of the Fines to the Sheriff to be levied to his own use And here if the Sheriff levy any Fine or commit any to Prison by colour of any such Indictment or Presentment or otherwise than by Warrant from the Justices aforesaid he shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had Fines formerly granted unto them Coke's 5 Rep. 112. Mallorie's Case But this extendeth only to Proceedings upon lawful and sufficient Indictments and doth not make any insufficient Indictment good Coke's 9 Rep. 26. Case of the Abbot of Strata Marcella See more in Court-Leet County-Court and Hundred-Court See before in The Court of the Tourne Page 223. To the Court-Leet or View of Frankpledge BY Stat. de Visu Franc. 18 Ed. 2. before mentioned and divers other Statutes the Court of the Leet may enquire of several Offences and amongst the things whereof the Steward of the Leet hath Cognizance and wherewith the Jury is to be charged some are such as may be there enquired of as High-Treason Petit Treason Felonies Burglaries Wilful Burners of Houses or Barns adjoyning thereunto by Night or Stacks of Corn Robbers of Churches and Chappels Takers of Doves out of Dovehouses or young Pigeons or Hawks out of their Nest in the Night or Fishes out of Ponds Stews or Trunks in the Night Stealers of Tame Deer marked Swans or Peacocks Breaking of Prison by Felons Rescuers of Felons and the like and their Accessaries before and after the Felony done Of all which the Jury must make Presentment and this Presentment is to be transmitted to Superior Courts as to the Justices of Goal-Delivery or Justices of Peace in their Sessions And other things whereof this Court hath perfect Cognizance and that may be enquired of and punished here in this Court are 1. By Common Law as the Defaults of Officers and Suitors in doing their Suit to this Court as if any living within the Precinct of the Law-day be not returned of the Decenary or being returned does not appear Or if any above Twelve years of Age have lived within the Leet and had not taken the Oath of Allegiance he was to have been presented here And
in pleno comitatu per Sacramentum proborum legalium hominum de c. inquiras inde appellatur Breve inquisitionis utrum A. captus detentus in Prisona c. pro morte W. unde rettatus i. e. accusatus existit sit odio atia c. nisi indictatus vel appellatus fucrit coram Justitiariis nostris ultimo itincrantibus in partibus illis pro hoc captus Imprisonatus For by the Common Law in omnibus autem placitis de felonia solet accusatus per plegios dimitti praeterquam de placito de homicidio ubi ad terrorem aliter statutum est But this Writ was taken away by a late Statute viz. in 28 E. 3. because as some pretended it became unnecessary for that Justices of Assize Justices of Oyer and Terminer and Justices of Gaol-delivery came at the least into every County twice every year but within Twelve years after this Statute it was Enacted That all Statutes made against Magna Charta should be void whereby the Writs of Odio and Atia and De ponendo in Ballium are revived and so in like cases upon all the Branches of Magna Charta And therefore the Justices of Assize Justices of Oyer and Terminer and of Gaol-delivery have not suffered the prisoner to be long detained but at their next coming have given the prisoner full and speedy Justice by due Tryal without detaining him long in prison Coke's 2 Inst 42 43. A person examined may require a Copy of his Examination take time to answer and put his answer in writing and keep a Copy of it Coke's 2 Inst 51. All causes ought to be heard and determined before the Judges openly in the Kings Courts the King having distributed his Judicial power to several Courts of Justice Coke's 2 Institutes 103. If a prisoner be mute by act of God The Judges who are to be of Council with the prisoner ex officio ought to enquire if he be the same person and of all other pleas which he might have pleaded But if it be by his own Act he is to be forthwith put to his pennance Coke's 2 Inst 178. If the Prisoner Demur and it be Over-ruled he shall be hanged but not have pain fort dure ibidem Justices may punish any act done in deceit of the Court 2 Inst 215. Judicis officium est Opus diei in die ipso perficere according to the Statute of W. 1. cap. 47. and not defer it or prefer others upon any request or importunity Coke's 2 Inst 256. Sapientis Judicis est cogitare tantum sibi esse permissum quantum commissum creditum Coke 's 4 Inst 163. By Stat. 4 Jac. 1. cap. 1. It is provided that whereas in regard of some difference and inequality of the Laws Tryals and Proceedings in case of Life between the Justice of the Realm of England and that of the Realm of Scotland It appeareth to be most convenient for the contentment and satisfaction of all his Majesties Subjects to proceed with all possible severity against such Offenders in their own Country according to the Laws of the same whereunto they are Born and Inheritable and by and before the Natural Born Subjects of the same Realm if they be there apprehended And by the next Clause is provided that Felonies committed by English Men in Scotland shall be inquired of heard and determined before Justices of Assize or Commissioners of Oyer and Terminer and Gaol-delivery being Natural born Subjects within the Realm of England and no other And the like in another Clause with an addition of Justices of the Peace to be Natural born Subjects within England Coke's 3 Inst 226. Justices of the Kings-Bench Oyer and Terminer Gaol-delivery and of the Peace may enquire of hear and determine all Murders and Felonies within the Verge because their Jurisdiction and Authority are generally through the whole County Coke's 4 Rep. 46 47. Case of Appeals The Justices of Assizâ— have one Commission of Oyer and Terminer directed to them and divers other Inhabitants of the Shires whereunto their Circuits extend whereof each of the Justices of Assize are of the Quorum for offences hapning in their Circuits which without this Commission they cannot do Terms del Ley Cok's 4 Inst En le Table The Statute of 2 Ed. 3. requireth that no Commission of Oyer and Terminer be granted but before Justices of one Bench or the other or Justices Itinerant and that for horrible Trespasses Where the Commission of Oyer and Terminer lies in case of Extortions by Under-sheriffs Escheators Clerks of Markets Hunters in Parks taking of Goods not Wreck'd in vacancy of Bishopricks for Hunting in Parks for Robbing Piscaries and in many other cases the Forms of Writs and Associations and si non omnes to them Vide F. N. B. 243 to 251. If the Trespass be not Enormis seu horribilis a Writ of Supersedeas lieth or Revâ— ation Coke's 2 Inst 419. Upon an Indictment found by the Commissioners before the Term a Special Commission of Oyer and Terminer may be granted for them to proceed altho' the Court of Kings Bench be sitting in the same County But it is best for the Commission to bear Teste after the beginning of the Term But General Commissions of Oyer and Terminer are suspended during the term or time the Kings Bench sits in the same County or if the Kings Bench be adjourned the General Commission may proceed Coke's 3 Inst 27. Coke's 4 Inst 163. The Kings Bench is more than Eyre Therefore in Term time no Commissions of Oyer and Terminer or Gaol-Delivery by the Common Law may sit in the County where the Kings Bench sitteth for praesentia majoris cessat potestas minoris and therewith agreeth 27 Ass p. 1. But Carlisle and Erwing were Indicted and Arrained in London where the Murder was Committed before Justices of Oyer and Terminer in the Term time because in another County than where the Kings Bench sit Coke's 9 Rep. 118. Lord Sanchar's Case For Tryal of Treasons Committed out of the Realm c. by Commissions appointed by the King c. See the Statute of 26 Hen. 8. 33 Hen. 8. 35 Hen. 8. 5 and 6. of Ed. 6 c. If a Commission of Oyer and Terminer be discontinued or expired c. the Indictments and Records shall be removed into the Kings Bench as to their proper Center Coke's 2 Institutes 419. The Courts of Special Justices of Oyer and Terminer THese Courts are Four in number Raised by several Acts of Parliament Two of which viz. That concerning Purveyors and that concerning Misdemeanors of Villains being obsolete We shall only give a Brief account of the Style and Nature of the other Two referring their Jurisdiction and Proceedings therein to the Acts of Parliament themselves And first of that concerning Money collected for Houses of Correction or for the Poor THis Court is Raised by the Statute of 39 Eliz. cap. 4. wherein is to be observed
That their Proceedings Judgments and Executions shall remain good and available in Law without any Redress to be had by Suit in any other Court as you may see more at large by the Statute and Exposition thereof in Coke's Fourth Institutes And the other is concerning Colledges Hospitals or Almshouses for Charitable and Lawful purposes and Uses BY the Statute of 39 Eliz. cap. 6. The Lord Chancellor or Chancellor for the Dutchy of Lancaster for Lands in that County may award Commissions to the Bishop of the Diocess and his Chancellor and other persons of good and sound Behaviour To enquire of all Colledges Hospitals and other places Founded or Ordained for the Charitable relief of Poor Aged and Impotent people Maimed Soldiers Schools of Learning Orphans or for such other good charitable and lawful Purposes and Intents And of all Lands c. given or appointed for those uses As also for Reparations of all High-ways Bridges and Sea-Banks for Maintenance of Free-Schools and Poor Scholars and of Orphans and Fatherless Children and such like good and lawful Charitable uses and to enquire of the Abuses Misdemeanors Mis-employments Falsities defrauding the Trusts Alienations Misgovernments c. And to set down such Orders Judgments and Decrees that the same may be observed in full ample and most liberal sort c. Which Orders Judgments and Decrees not being contrary to the Orders or Decrees of the Donors shall be firm and good and are to be certified by the Commissioners into the Chancery of England or of the County Palatine of Lancaster c. And it is to be observed that when any Act of Parliament doth authorize the Lord Chancellor or Keeper to make a Commission under the Great Seal he may do it without further Warrant the King being party to the Act of Parliament But this Statute was afterwards Repealed by 43 Eliz. 4. Saving for the Excution of Orders and Decrees before made by Commissioners according to the Statute And by the Statute of 43 Eliz. 4. It shall be lawful for the Lord Chancellor or Lord Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that Precinct to Award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other Persons of Good Behaviour Authorizing Four or more of them to Inquire as well by the Oaths of Twelve or more Lawful Men as otherwise of all Grants Gifts Augmentations Limitations and Appointments and of all Abuses and Misemployments of all Land Tenements and Hereditaments and of all Goods and Chattels given limitted or appointed to Charitable uses c. See the Statute at large and 21 Jac. 1. cap. 1. The Court of Justices of Gaol-Delivery BY the Law Ne homines diu detineantur in Prisona but that they may receive Plenam celerem Justitiam The Commission of Gaol-Delivery was Instituted 4 E. 3. and by this Commission Goals ought to be delivered Thrice in the year and oftner if need be and the Authority given thereby consisteth in these few Words Constituimus vos Justiciarios nostros ad Gaolam nostram Castri nostri de C. de Prisonibus in ea existentibus hac vice deliberand ' And these Justices may arraign any man in that Goal upon any Indictment for Felony Trespass c. before Justâ—ces of Peace though not found before themselves which Justices of Oyer and Terminer cannot do and they may take a Pannel of a Jury Return'd by the Sheriff without making any Precept to him which Justices of Oyer and Terminer may not To these Justices Commissions of Association Writs of Admittance and Si non omnes like as to Justices of Oyer and Terminer are directed and other Authorities Jurisdictions and Priviledges they have of which you may Read at large Coke's 4 Inst. cap. 30. By the Statute of 6 R. 2.5 Justices of Assize and Gaol-Delivery shall hold their Sessions in the chief Towns of every County where the Shire Courts there use to be holden By the Statute of 8 R. 2.2 no man of Law shall be Justice of Assize or Gaol Delivery in his own Country and the Chief Justice of the Common-Bench shall be assigned amongst others to take Assizes and to deliver Gaols but as to the Chief Justice of the Kings-Bench it shall be as for the most part of 100 years last past hath been wont to be done By the Statute of 14 H. 6.3 the Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of Peace and Truce in the City of Carlisle and not elsewhere according to the Statute of 6 R. 2 5. By Stas de Finibus levatis cap. 3.27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay associating unto him one of the most discreet Knights of the County shall deliver the Gaols The Justices shall then also Enquire Whether Sheriffs or any other have let out by Plevin any Prisoners not pleviable or have offended in any thing against the Statute of Westm 2.13 E. 1. and shall punish them according to the force of the said Statute By the Statute of 2 E. 3 2. Justices of Gaol-delivery and Oyer and Terminer procured by Great Men shall not be made against the Form of the Statute of 27 E. 1. cap. 3. And Assizes Attaints and Certifications shall be hereafter taken before Justices commonly assigned being good and lawful Men and having knowledge in the Law according to the Statute of Westm. 2.29 Ed. 1. By the Statute of 4. E. 3.2 good and discreet Persons shall be assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols Three times in the year at least Justices of Gaol-delivery shall have power to Deliver the Gaols of those that stand Indicted before the Keeâ—ers of the Peace which Keepers shalt send those Indictments before the Justices of Gaol-delivery who shall have power to Enquire of and punish Sheriffs Gaolers and others which do any thing against this Act. Judges ought not to Deliver their Opinions before-hand of any Criminal Case thaâ— may come before them Judicially For how can they â—e indifferent who have delivered their Opinions before hand wiâ—hout hearing of the party Co. 3 Inst 29. By the Statute of 19 H. 7.10 the Sheriff of every County shall have the keeping of the Common Gaol there except such as are held by Inheritance or Succession Also all Letters Patents of the keeping of Gaols for Life or Years are annulled and void Howbeit neither the Kings-Bench nor Marshalsea shâ—â—l be in the custody of any Sheriff aâ—d the Patents of Edward Courtney Earl of Devon and John Morgan for Keeping of Prisons are excepted By the Statute of 6 Hen. 8.6 the Justices of the King 's Bench have power by their Discretions to Remand as well the Bodies of Felons as their Indictments
hand of a Subject 2ly Not to be Impannelled to appear at Westminster or else where upon any Inquest or Tryal 3ly To be Free of all Tolls for things concerning Husbandry or Sustenance 4ly To be Free from Taxes and Tallages by Parliaments unless specially named 5ly Of Contributions to Expences of Knights of Parliament 6ly If they be severally distrained for other Services they all may join in a Writ of Monstraverunt to save charges And these Priviledges remain altho' the Manor be come to the hands of Subjects and altho' their Services of the Plough is for the most part changed into Money Lands in ancient Demesne may be extended upon a Statute Merchant Staple or Elegit and regularly all general Statutes extend to ancient Demesne But Redisseisin and some others do not lie in ancient Demesne For which see Coke's 4 Institutes cap. 58. and their Priviledge doth not extend to Personal Actions in which by common Intendment the Title of the Freehold cannot come in debate The Demandant cannot remove the Plea but the Tenant may for Seven Causes Vide Coke supra Those Manors are called Ancient Demesne of the Crown which were in the hands of St. Edward the Confessor or William the Conqueror and so expressed in Doomesday Book begun in the 14 year of Will the Conqueror 1081 and finished in Six years And against this Book for Trial of Ancient Demesne lies no Averment And therefore is like the Doom and Judgment at Doomes-day The Court of Commissioners of Sewers THeir Authority is by Commission under the Great Seal Now grounded and warranted by the Statute of 23 H. 8. cap. 5. where upon mentioning only some Observations made by the Lord Coke we shall briefly set forth their Juisdiction and Authority First That the Commissioners shall be named by the Lord Chancellor Lord Treasurer and two Chief Justices or any Three of them whereof the Lord Chancellor to be one Secondly Every Commissioner must take the Oath prescribed by the Act before the Lord Chancellor or Justices of Peace in their Quarter Sessions And ought to have Lands c. of Forty Marks yearly and no Farmer of Lands within the Precinct of the Commission unless he have Lands of Freehold worth 40 l. yearly Thirdly The Avowry or Justification for a Distress taken shall be generally that the Distress was taken by force of the Commission for a Lot or Tax Assessed by the Commission or for such other cause Fourthly There must be Six Commissioners to Sit by force of the Commission Fifthly The Act of 23 Hen. 8. Doth not extend to reform Nusance by Sand rising out of the Sea and driven to Land by Storms A special Provision is therein made for the County of Glamorgan Sixthly A Commission of Sewers shall continue Ten years unless repealed or determined by any new Commission or by Supersedeas Seventhly That Laws Ordinances and Constitutions made by force of such Commission and written in Parchment and Indented under the Seals of the Commissioners or Six of them whereof one part to remain with the Clerk and the other in such Place as Six of the Commissioners shall appoint shall without the Royal Assent or any Certificate stand in force Eighthly That if any such Commission be determined by Expiration of Ten years from the Teste Then such Laws so Indented and Sealed shall stand in force for a year after and the Justices of the Peace or Six whereof One to be of the Quorum shall have Power to Execute the same Ninthly Upon granting a new Commission during that year the Power of the Justices shall cease Tenthly The Commissioners not to make any Certificate or Return of their Commission orany their Ordinances Laws and doings by force of the same Eleventhly See an Alteration by the Statute of 13 Eliz. concerning Fees Twelfthly Neither the Commissioners of Sewers nor any other have any such Absolute Authority but their proceedings are bound by Law By Act of Parliament 3 Jac. 1. Walls Ditches Banks Gutters Sewers Gates Causeys Bridges and Water-courses in or about the City of London where is no Passage for Boats nor the Water doth Ebb and Flow are made subject to the Commission of Sewers which they were not before And of their Jurisdiction and Authority to Supervise all Walls Sewers and Gutters c. upon the Sea-Coasts and else where and to enforce all Persons concerned to pay a proportionable part according to the Lands or Estate they have towards the Repair of them and to that end to make Laws and Ordinances and to force the Observation of them Vide F. N. B. fo 113 114. Coke's 4. Inst cap. 62. And the Statutes at large And it is to be noted that Sewer or Suera is derived from the word Sue or Issue as the Lord Coke observes and taken for a Sewer Channel or Gutter of Water The Court of Commissioners upon the Statute of Bankrupts THe name and wickedness of Bankrupts comes from Foreign Nations for Bâ—ruque in French is Mensa and a Banqueror or Exchanger is Mensarius in Latine and Rout is a Sign or Mark metaphorically taken for one that hath so spent his Estate that nothing remains but the Mark or mention thereof The Commission upon complaint made in Writing to the Lord Chancellor is granted under the great Seal of England and their Jurisdiction and Authority is declared and warranted by the Statute of 34 Hen. 8. being the first made against English Bankrupts and the Statute of 13 Eliz. 7. and 1 Jac. 1. cap. 15. and 21 Jac. 1. cap. 19 c. And the Commissioners must pursue the Power given by those Acts or they are liable to the Action of the Party grieved But they may plead generally They have power to Examine the Offender upon Oath and after he be declared a Bankrupt to Examine his Wife upon Oath and Witnesses also And have power to break open any Houses Ware houses Chambers Trunks Chests c. of the Offenders For all which see Coke's 4 Inst cap. 63. and the Statutes at large There is a Court called Curia Cursus Aquae apud Gravesend and others like it in private Of which it belongs not to us to treat Commissioners for Examination of Witnesses COmmissioners and Examiners are not bound strictly to the Letter of the Interrogatory but ought to Explain every other thing which necessarily ariseth thereupon for manifestation of the whole Truth They ought not to discover to either Party or any other any of the Depositions taken before publication granted Nor ought to confer with either Party after the Examination begun or take any new Instructions They must take the Depositions Gravely Temperately and without Menace or Interruption in hindrance of the Truth which are grievously to be punished And after the Depositions taken must Read the same distinctly to the Witnesses and suffer them to explain themselves and it is safe that the Witnesses subscribe their Names or Marks to the Paper-Book But they must be certified in Parchment
Interrogatories ought to be Single and Plain Pertinent to the matter in question but in no sort Captious Leading or Directory In some cases the Courts of Common Law judge upon Witnesses but they must ever give their Testimony Viva Voce as in Dower if the Issue be whether the Husband be alive or no. Bracton saith an Alien may not be a Witness but that must be understood an Alien Infidel for the Bishop of Rosse a Scot was admitted a Witness and Sworn 4 Eliz. in the case of the Duke of Norfolk Witnesses ought to come to be deposed untaught and without Instruction And should say from his Heart Non sum doctus nec Instructus nec curo de Victoria modo ministretur Justitia Coke's 4 Inst cap. 64. The King 's Swanherd HAth been of ancient time by his Office Magister deductus Cygnoram And or his Authority you may Read in Rot. Patentium Anno 11 H. 4. Part. 1 M. 14 c. and Coke's 4 â—nst cap 66. But he hath no Court. No Powl can be an Estray but a Swan The King 's Aulneger AUlneger of Aulne in French and that of Ulna Ulnator Is an ancient Officer of the Kings Gift before any Statute For in 14 Eliz. Sir Thomas Darlington was by the Kings Letters Patents Aulneger of Broad Cloath and had a Fee of the King for the Fee he had of the Subject was by the Statute of 27 E. 3. Of ancient time no Custom was paid by the English or Stranger but for Wools Woolfels and Leather In the Reign of E. 3. a great part of the Wool was draped into Cloth And it was adjudged notwithstanding that because the Wool was changed by the Labour and Industry of Man into another kind of Merchandizing no Custom should be paid for it The first Act of Parliament that gave any Subsidy of Cloath was Anno 23 Ed. 3. not Printed viz. 14 d. of Lieges and 21 d. of Strangers for every Cloath of Assize and 2 s. 4 d. of Lieges and 3 s. 4 d. of Strangers for every Cloath of Scarlet and the reason of granting these of Broad Cloath was Quia jam Magna Pars Lani Regni nostri in eodem Regno Pannificitur c. And for further satisfaction of the King for Customs of Wools Anno 27 E. 3. A Subsidy was granted to the King his Heirs and Successors over the Customs thereof due viz. of every whole Cloath of Assize not Ingrained 4 d. the Half Cloath 2 d. every whole Cloth Ingrained 5 d. the Half Cloth 2 d. 1 2 The whole Cloth of Scarlet 6 d. The Half Cloath 3 d. The Aulnegers Fee is granted by Act of Parliament viz. for the Measuring of every whole Cloath of Assize of the Seller a Half penny and for the Half Cloth One farthing and no more and for Cloth less or not to be sold nothing Nota Consuetudines Custumae Customs and Subsidies are taken as Synonima's In Hillary Term Anno 2 Jac. 1. Upon Suit to the King by the Duke of Lenox a Question being moved whether new Draperies as Frizadoes Bays c. were within the aforesaid Statute It was resolved by the Judges That all new made Drapery made wholly of Wool as Frizadoes Bayes Northern Dozens c. are to yield Subsidy and Aulnage according to the Statute of 27 E. 3. But Fustians Canvas Sackcloth c. made meerly of other Stuff are not to be charged therewith The Government of Counties in England FOR the Civil Government of 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 the King pleaseth to keep the Peace of the County And these by the Commission under the Great Seal are called Justices of Peace at first Styled Wardens of the Peace and such whom the King most confideth in in or doth respect are made Justices of the Quorum so called from those words in the Commission Quorum A.B. Unum esse volumus which imports that some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of the Peace and Quorum is by the Lord Chancellor 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 Every Quarter of the year these Justices meet at the Chief or Shire Town where the Grand Inquest or Jury of the County is Summoned to appear who upon Oath are to Inquire of all Traytors Hereticks Thieves 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 Assizes when the Judges of Westminster come their Circuits before-mentioned Every County being subdivided into Hundreds so called at first either for containing one Hundred Houses or an Hundred bound to take Arms or Wapentakes so called from touching a Weapon as the manner at this day is in Sweden at their solemn Weddings for their chief Witnesses to lay all their Hands upon a Launce or Pike every such Wapentake or Hundred hath commonly a Bayliff a very ancient Officer but now of small Authority Also Officers called High-Constables at First ordained by the Statute of Winchester 13 Ed. 1. for Conservation of the Peace and View of Armour they disperse Warrants and the Orders of Justices of the Peace to each Petit Constable There are also in every County Two Officers called Coroners whose Office is to Inquire 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 a Matter Criminal and a Plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Freeholders of the County by virtue of a Writ out of the Chancery they were Anciently men of Estates Birth and Honour Every County hath also A Clerk of the Market whose Office is to keep a Standard of all Weights and Measures exactly according with the King's Standard and kept in the Exchequer and to see that none other 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 deficient And these Justices and Officers have every of their several and respective Courts within the County of which we shall briefly say somewhat particularly and First of The Court of the Sessions of the Peace BY Act of Parliament 1 E. 3. cap. 16. the King Wills That for the better Keeping and Maintenance of the Peace Good Men and Lawful be Assigned in every County to Keep the Peace And thus began this Subordinate Government for the Tranquility and Quiet of the Realm which no part of the Christian World can parallel But referring the Reader to several Acts of Parliament and Authors who have Treated of their Jurisdiction and Authority both in
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
To take care of the Church and Church Assemblies The Overseers of the Poor To take care of the Poor Sick Aged Orphans and other Objects of Charity And Lastly The Clerk to wait on him at Divine Service And for The Civil Government of Villages THe Lord of the Manor or Soil who from the Crown immediately holds or mediately holds Dominium Soli Is said to have in him The Royalty as if he were a little King and hath a kind of Jurisdiction and a Court Baron incident to the Manor and sometimes a Court Leet by Grant from the King to which the Inhabitants owe Suit and Service and where smaller Matters as Escheats upon Felonies or other Accidents common Nusances c. Admitting of Tenants passing of Estates Reliefs Herriots Hunting Hawking Fishing c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts may be heard and determined And under the Lord is The Constable or Headborough Chosen yearly by the Lord or Steward in the Leet to keep the Peace in case of Quarrels to search any House for Robbers Murderers and others who have broken the Peace to raise Hue and Cry after Robbers to seize Offenders 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 occasions either to bring Criminals before them or to carry them by their Command to the Common Prison Thus having in a Brief and Methodical manner described the Constitution of the English Government For the Excellency thereof we may welâ— conclude with the Poet O Fortunatos nimium bona si sua Norint Angligenas THE ISLANDS Adjacent to ENGLAND CAlled by Heylin The Sporades not as he saith that they are so named in any Author but being many he thought fit to include them under that general Name The Chief of which are The Isle of Man INsula Euboniae modo Manniae hath been an ancient Kingdom as appears by Walsingham pag. 287. and Coke's Reports Lib. 7. fol. 21. Calvin's Case And yet we find it not Granted or Conveyed by the Name of a Kingdom Sed per Nomen Insulae c. cum Patronatu Episcopatus The Patronage of the Bishoprick of Sodor being a Visible Mark of a Kingdom Est nempe Jus ipsius Insulae ut quisquis illius sit Dominus Rex vocetur cui etiam fas est Corona Aurca Coronari Walsingh 17 R. 2. This Island was taken from the Britains by the Scots and from them regained by Edwin King of Northumberland Afterwards the Norwegians seised it from whom Alexander the Third wrested it and about the Year 1340. William Montacute Earl of Salisbury descended from the Norwegian Kings of Man won it from the Scots and afterwards sold it to W. Lord Scroope who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland who being 5 H. 4. Attainted of Treason In 7 H. 4. it was by Parliament Enacted the King should have the Forfeiture of all his Lands and Tenements And afterwards 7 H. 4. the King granted the Isle cum Patronatu Episcopatus unto Sir John Stanley first for Life and afterwards to him and his Heirs Sir John had Issue Sir John Stanley Knight who had Issue Sir Henry Stanly Lord Chamberlain to King Henry the Sixth who Created him Lord Stanley He had Issue Thomas whom King Henry the Seventh Created Earl of Derby to him and the Heirs Male of his Body c. Vide Co. 4 Inst cap. 69. The Laws and Jurisdiction of this Isle differs from other places For they call their Judges Deemsters which they chuse out of themselves And they determine all Controversies without Process Pleading Writing or any Expence at all If any Cases be ambiguous or of greater weight it is referred to Twelve which they call Claves Insulae They have Coroners quos Annuos vocant who supply the Office of Sheriff But altho' the King's Writ runneth not into this Island yet his Commission extendeth thither for Redress of Injustice and Wrong The Bishop was Instituted by Pope Gregory the Fourth is under the Archbishop of York being annexed to that Archbishoprick by King Henry the Eighth but hath neither Place nor Voice in the Parliament of England In hac Insula Judex Ecclesiasticus citat definit infra Octo dies parent aut carcere intruduntur The People are a Religious Industrious and True People They have peculiar Laws or Customs For if a Man steal a Horse or an Ox it is no Felony because he cannot hide them but if he steal a Capon or Pigg he shall be hanged c. In this little Kingdom are Two Castles Seventeen Farishes Four Market Towns and many Villages It is scituate against the South part of Cumberland from which it is distant 21 Miles Is in Length 30 Miles in Breadth 15 but in some part only 8 Miles The Soil is abundant in Flax Hemp Oats Barley Wheat and Bishop Merrick writing to Cambden when he was composing his Britannia saith Our Island for Cattle Fish and Corn hath not only sufficient for it self but sendeth store into other Countries The chief Towns are Balacurri and Russin or Castle-Town the Seat of the Bishop On the Hill Sceaful may be seen England Scotland and Ireland Here are also bred the Soland Geese The People speak a Mixture of the Norwegian and Irish Tongues Anglesey IS accounted a Shire of Wales bordereth on Carnarvanshire is in Length 20 in Breadth 17 Miles containing in former times 360 Towns and Villages the chief whereof are 1. Beaumaris towards Wales 2. Newburg 3. Aberfraw on the South-side This Island for its abundant Fertility is called Mam Cymri i. e. Mother of Wales It was once the Seat of the Druids first Conquered by Suet onius Paulinus and united to the English Crown by the Valour of Edward the First Jersey olim Caesarea IS in Compass 20 Miles and sufficiently strong by reason of the dangerous Seas It containeth 12 Towns or Villages the Chief being St. Hillary and St. Malo and four Castles The Ground is plentiful in Grain and Sheep most of them having four Horns of whose Wool our Jersey Stockings are made Gernsey olim Servia IS distant 20 Miles from Jersey to whom it is much Inferiour in respect of Fertility and Largness but more commodious by reason of the safe Harbours It containeth 10 Parishes the Chief being St. Peters the Port or Haven and Market Town These Islands of Jersey and Gernsey lye both nigh unto Normandy and Bretaign and did in ancient time belong to the Dutchy of Normandy But Henry the First Overthrowing his Elder Brother Robert united the Dutchy of Normandy with these Isles to the Kingdom of England And altho' King John lost Normandy and Henry the Third took Money for it yet these Isles continued Faithful to England the possession thereof being a good Seisin of the whole
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such
or Indicted of Treason or Felony fly into Herefordshire they shall be apprehended c. or else pursued by Hue and Cry and Forfeiture upon those that do not pursue 4. Hue and Cry shall be levied upon takers of Carriage within the Verge of the Staple of that which pertaineth to the Staple 5. Where a Man is Robbed Upon Hue and Cry c. What remedy he shall have against the Hundred c. And how and in what manner the Hue and Cry shall be made in that Case See the Statutes and Coke's 7 Rep. fol. 6 7. And this Robbery must be done in the Day time and not in the Night otherwise the Party grieved shall not have his Action So note a diversity between a Hue and Cry at Common Law or for the King And a Hue and Cry by Statute where the Party grieved is to have his remedy by private Action Note Also a Diversity in the Prosecution at the Common Law or for the King and by the Statutes which give the Party remedy for a Prosecution to the next Constable is good by the Common Law but so it is not by the said Statutes which give the Party grieved his Action Coke's 7 Report fo 7 8. Milbourn's Case So the Prosecution at the Common Law is a good excuse upon an Indictment at the King's Suit But note That it is no Bar to the Parties Action Where Hue and Cry either by the Common Law or by force of any Statute is Levied upon any Person the Arrest of such Person is lawful altho' the Cause of the Hue and Cry be feign'd and if the Cause be feign'd he that Levied the same shall also be Arrested and shall be Fined and Imprisoned But common Fame and Voice is not sufficient to Arrest a Man in Case of Felony unless a Felony be done indeed Mandatum est Gulielmo de Haverbul Thesaurario Regis quod Civitatem Lond ' capiat in manum Regis eo quod Cives ejusdem Civitatis non levaverunt Hutesium Clamorem pro morte Magistri Guidonis de Arterio aliorum inter fectorum secundum legem consuetudinem Regni Teste Rege apud Woodstock 22 die Augusti 30 Hen. 3. Coke's 3 Inst cap. 52 Hue and Cry hath been used in some Cases by the Ancient Laws of this Realm For the Author of the Mirror Writing of the Ancient Laws before the Conquest under the Title Des Articles des viels Roys ordeins saith Ordeine fuit que chescun del Age de xiv ans oustre de mortels pecheors ensuivre de Ville Ville a Hue Cry Et inter Leges Regis Canuti Si quit Latroni obviam dederit eumque nullo edito clamore abire permiserit quanticùnque fuerit Latronis vita aestimata extremum solvat denariolum aut pleno perfecto jurejurando de facinore nihil habuisse cogniti confirmato Sin quis proclamantem audierit neque vero fuerit insecutus suae in Regem contumaciae ni omnem criminis suspicionem diluerit poenas dato Bracton of Hue and Cry saith Statim recenter investiganda sunt vestigia Malefactorum sequenda per ductum carectae passus equorum vestigia hominum alio modo secundum quod consultius melius fieri possit And in legal understanding Hue and Cry is all one In Ancient Records they are called Hutesium Clamor and may be by Horn and by Voice Avec Hue Cry de Corne de Bouche And by Stat. Westm. 1. Cap. 9. it is called Crie de pais or Cry of the Countrey And he that goeth not at the Commandment of the Sheriff or Constable at the Cry of the Countrey shall be grievously fined and imprisoned And divers Acts of Parliament have been since made concerning Hue and Cry as the Stat. De Officio Coronatoris where it is said Et omnes sequantur Hutesium vestigium si fieri potest qui non fecerit super hoc convictus fuerit attachietur quod sit coram Justiciariis de Gaola c. 28 Ed. 3. 27 Eliz. Coke's 2 Inst fol. 172 173. By Stat. Westm 2. Cap. 13. Indictments in Tourns ought to be found by Twelve at the least and the Jurors to put their Seals to the Inquisitions or Indictments And by Stat. 1 Ed. 3. these Indictments are to be by a Roll indented whereof one part is to remain with the Indictors and the other part with him that takes the Inquest And this Act doth extend to Presentments of Indictments not only in Tourns but in Leets also and the like of what Quality Ability and Livelihood Indictors in Tourns and Leets ought to be See the Statute of 1 R. 3. Cap. 4. But now by Stat. 1 E. 4. the Power of Sheriffs is taken away save only to take Presentments and Indictments and deliver the same to the Justices of the Peace at the next Sessions as before is mentioned Coke's 2 Inst 387 388. In ancient time the King's Courts and especially the Leets had power to inquire of and punish Fornication and Adultery by the Name of Letherwite and it appeareth often in the Book of Doomsday That the King had the Fines assessed for those Offences which were assessed in the King's Courts and could not be inflicted in Curia Christianitatis Concerning Letters Patent granted for Searching or Surveying of Wine Ale Beer or other Victual and concerning the well making of Malt packing of Hops garbling of Spices Drugs c. you may read more at large in Coke's 4th Inst Cap. 54. and Statutes there mentioned The Constables or Petti constables are chosen by the Common Law at the Leet or Tourn and are by the Common Law Conservators of the Peace and may take Surety of the Peace by Obligation and are as ancient as Tourns or Leets be Coke's 4 Inst Cap. 54. It appeareth by Stat. 18 Ed. 2. before mentioned That it ought to be enquired at the Leet if all the Chief Pledges with their Decenners that is the other Nine appear by which it appears That the tenth Principal Man was the Chief Pledge And the Word Decenners is the same with the Ancient Doziniers as you may see more fully in Coke's 6 Rep. 77 78. Bullen's Case See more in the Court of the Tourn and after in the County Court and Hundred Court See before in the Court Leet Page 224. To the County Court AMong the Laws of St. Edward the Confessor it is thus recorded Verum quod modo vocatur Comitatus olim apud Britones temporibus Romanorum in Regno isto Britanniae vocabatur Consulatus qui modo vocantur Vicecomites tunc temporis Vice-consules vocabantur ille vero dicebatur Vice-consul qui Consule absente ipsius vice supplebat in Jure in Foro. Wherein may be observed That the Romans called Consulatum which we now call Comitatum and Consul what the Saxons afterwards called Shireve a Word compounded of two Saxon Words viz. Shire and Reve Shire Satrapia or
of Felony c. Yet when the Sea doth ebb the Land may belong to a Subject The King shall have Flotsam Jetsam and Lagan when the Ship perisheth or the Owners of the Goods are unknown A Man may have Flotsam and Jetsam by the King's Grant and Flotsam by Prescription as before is said Resolved that the Stat. of Westminst 1. cap. 4. by which it is Enacted That of Wreck of the Sea it is agreed That where a Man Dog or Cat escape alive out of the Ship or Vessel not any thing within them shall be accounted Wreck but the Goods shall be saved and kept by the View of the Sheriff Coroner or King's Bailiff c. So that if any sue for those Goods and can prove that they belonged to him or that they perished in his keeping within a year and a day they shall be restored to him without delay c. was but a Declaration of the Common Law And therefore all that which is provided as to Wreck extendeth also to Flotsam Jetsam and Lagan The Common Law gave all these three as also Estray Treasure-Trove and the like to the King for when no Man can claim Property in Goods the King shall have them by his Prerogative But Wreck may belong to the Subject by Grant from the King or by Prescription Flotsam Jetsam and Lagan so long as upon the Sea do not belong to the King but occupanti conceduntur eo quod constare non possit ad quam regionem essent applicanda And Wreck as well as Estrays of an Infant Feme-Covert Executrix a Man in Prison or beyond Sea if proclaimed and none claim them within a Year and a Day are bounden by the Law Coke's Rep. lib. 5.106 108. Sir Henry Constable's Case Rex pro salute animae suae ad malas consuetudines abolendas concessit quod bona in mari periclitata non perdantur nomine Wrecci quando aliquis homo aut bestia vivus de navi evaserit Veies le Stat. W. Primer Cap. 4. And Coke's 2 Inst 167 168. The Sheriff ought to sell bona peritura within the Year And the Subject must prove his Property in them within the Year and Day But the King may claim when he will and make proof If Treasure be found in the Sea the Finder shall have it at this day But otherwise it is now of Treasure Trove upon Land See Coke's 2 Inst. 168. If Wreck be not rightfully seized but taken by wrong-doers the Party may have a Commission of Oyer and Terminer to enquire of them Wreck shall be tried before the King's Justices at Common Law Coke's 2 Inst. 168. Coke's 4. Inst 134 154. The Coroner is to enquire of Wreck Coke's 4 Inst 271. and 3 Inst Title Appeals FINIS AN ALPHABETICAL TABLE A ARchbishops and Bishops Consistory Courts Page 42 Archdeacons Court Page 44 Aulnager Page 205 Admiralty Court Page 292 638 Aldermen and Mayors Court Page 356 Anglesey Isle Page 436 Anguila Page 520 Antegoa Page 524 B. BArons Court Page 235 Band of Pensioners Page 339 Bridge Page 378 Bantam or Banda Page 491 Bombaine Page 491 Bermudas Islands Page 515 Barbudas I. Page 519 Barbadoes I. Page 527 C. Convocation Page 32 Court of Arches Page 39 Court of Audience Page 39 Court of the Faculties Page 40 Court of Peculiars Page 41 Consistory Courts of Archbishops Bishops Page 42 Court of the Archdeacon or his Commissary Page 44 Court of Delegates Page 44 Civil Government of England Page 51 Court of the High Steward Page 81 539 Chancery High Court Page 90 Court of extraordinary Jurisdiction Page 93 Court of the Star-Chamber Page 104 Court for Redness of Delays Page 108 Court of Kings Bench Page 113 Common Pleas Court Page 121 Court of Exchequer Page 127 Court of Inquiry to certifie untrue Accompts in the Exchequer Page 140 Court of Equity in the Exchequer Page 141 544 Court of Justices of Assize Nisi prius Page 144 Court of Justices of Oyer and Terminer Page 153 Court of special Justices of Oyer and Terminer Page 166 Colledges Hospitals c. for charitable and lawful Purposes and Uses Page 167 Court of Justices of Goal-delivery Page 169 Court of Justices of the Forrest Page 175 Court of Justices in Eyre Page 193 Court of Justices of Trailbaston Page 195 Court of Wards and Liveries Page 196 Court of Ancient Demesne Page 196 559 Court of Commissioners of Sewers Page 198 569 Court of Commissioners upon the Statute of Bankrupts Page 201 573 Commissioners for Examination of Witnesses Page 203 578 Court of the Sessions of the Peace Page 210 591 Court of Inquiry of the Defaults of the Justices of the Peace Page 222 Court of the Tourn Page 223 595 Court Leet or View of Frankpledge Page 224 597 County Court Page 228 615 Court of the Hundred Page 233 630 Court Baron Page 235 632 Coroners Court Page 237 635 Court of Escheators and Commissioners for finding of Offices Page 239 635 Court of the Clerk of the Market Page 241 Court of Pipowders Page 246 Court of the Dutchy-chamber of Lancaster at Westminster Page 247 Courts of the County Palatin of Chester Page 251 Court of the County Palatin of Durham Page 252 Court of the County Palat. of Pembroke Page 255 Courts of the Cinque Ports Page 256 Court of Stannaries in the County of Devon and Cornwall Page 261 Court of the Mayor of the Staple Page 263 Court of the President and Council of Wales Page 269 Court of Chivalry before the Constable and Marshal Page 279 Colledge of Heralds Page 283 Court of Admiralty Page 292 638 Court of Commission by force of the Statute 28 H. 8. Cap. 5. Page 298 Commissioners and others for Beacons Signs of the Sea Light houses c. Page 299 Court of the King of England Page 308 Civil Government of the King 's Court Page 312 Compting-House Page 314 Court of Green-Cloth Page 315 Court of the Marshalsea Page 321 Court of the Pallace Page 322 Court of the Lord Steward Treasurer and Comptroller of the King 's House concerning Felony Page 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea Page 325 Court of the Queen of England Page 341 Civil Government of the Queens Court Page 342 Civil Government of Cities Page 345 Civil Government of London Page 348 Court of Hustings Page 351 Court of Conscience Page 354 Court of the Mayor and Aldermen Page 356 Court of Orphans Page 356 Court of Common Council Page 357 Court of Wardmote Inquest Page 358 Court of Halmote Page 358 Chamberlain 's Court for Apprentices Page 359 Court of the Conservators of the Water and River of Thames Page 360 Court of the Coroner in London Page 360 Court of the Escheator in London Page 360 Court of Policies and Assurances Page 361 Custom-House Page 379 Call or Creation of Serjeants Page 393 Colledge of Civilians in London Page 396 Colledge of Physicians
that there need not be any Written Law had thereof And we find so many Secundary Reasons in the Laws of England that many are willing to affirms the whole Law of England to be proved by Reason which notwithstanding is by no means to be affirmed as by another Example By a certain Statute it is Ordained That he who hath abjur'd the Realm whilst he is in the publick High-way shall be in peace with our Lord the King and not in any sort molested and by the Custom of the Kingdom he is to be conducted from Town to Town by the Constables c. to the Sea-port c. Now if he Escape the Constable ought not to be charged to the King because by reason of the Statute he could not keep him in safe Custody or use any Force or Imprisonment whereby he might be kept in safe Custody and the Reason is grounded upon that Statute And some say Robbery is to be prohibited from Reason Primary even before the Law of Property for that it was not Lawful even when all things were in Common to take any thing from another by force or to throw him out of his Habitation but that such Robbery is to be punished with Death is from the Custom of the Law of England Also from the General Law of Property aforesaid by the Laws of England are excepted Birds Wild beasts and Beasts of Warren in which by the Laws of England is no Property to any One unless they be Tame yet nevertheless by the Laws of England in the Eggs of Herons and such like Building in the Woods of any is a Property And for that every Deduction of Reason in the Laws of England proceeds from the first Principles or from somewhat from those Principles derived no Man althô the most Wise can Judge justly or Argue rightly in the Laws of England if he know not these Principles The Second Fundamental of the Law of England is Lex Divina whereby to punish the Transgressors against the Divine Law The Law of England in many Courts of our Lord the King doth Inquire of Hereticks Also if any Statute be made or set forth against them as that none shall give Alms it ought to be of no force also Persons Excommunicated in the Laws of England may not Prosecute nor have Communication with others whilst the Excommunication is certified And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes and other things which do of right belong to the Ecclesiastical Jurisdiction and receives Canonical or Ecclesiastical Laws Quae non Excedunt potestatem ferentis so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church As if the Law of the Church be that the Sentence of Divorce is not in force till it is affirmed upon Appeal The Judges of our Lord the King shall form their Judgment according to the Laws of the Church And if A. B. and C. D. have Goods and Chattels joyntly and A. B. by his last Will give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void The Third Fundamental of the Law of England is the General Customs of the Kingdom which are divers General Customs used and approved of in Ancient time throughout the whole Kingdom of England and who attempts any thing against them Works against Law and Justice And these are properly called the Common Law and ought always to be determined by the Judges whether a General Custom or not and not by the Country and of these and other Principles or Maxims a great part of the Law of England depends and therefore the King by his Coronation Oath promiseth inter alia that he will faithfully observe all the Customs of the Kingdom and the Ancient Customs of the Kingdom is the Original and Foundation of divers Courts in the same Kingdom Whereof one is The Chancery of the Kingdom in which inter alia Writs original are obtained directed to other Courts of the King another The Kings-Bench in which are handled all Treasons Murders Homicides Felonies and other things done against the Kings Peace another Court is called The Common Bench in which Common Pleas are handled That is to say of Lands and Tenements Debts and Chattels and such like another Court is called The Kings Exchequer in which are handled divers matters touching the King alone as of Sheriffs Escheats or Receivers Bayliffs and other the Kings Officers and the like and these are called Courts of Record because those who preside as Judges ought to be assigned by the Kings Letters Patent and these Courts have many and divers other Authorities of which we shall speak more hereafter in their proper places and likewise of divers other Courts of inferiour Authority in the Kingdom of England And althô in divers Statutes and Books mention is made of the Authority of these Courts yet we have no written Law of their Institution for their Institution depends upon the Custom of the Kingdom which hath so great Authority that they may not be altered or their Names changed or altered but by Act of Parliament Also there is an Ancient Custom which is confirmed by the Statute of Marlebridge That all shall do and receive Justice in the Kings Court and another that none shall be put to Answer or be judged but according to the Law of the Land and this is confirmed by Magna Charta And there are other General Customs in the Kingdom of England which retain the force of Law as that the eldest Son shall succeed the Father in the Inheritance and many more not here to be recited From whence it appears that Customs in the Laws of England may not be proved by Reason alone for how can it be proved by Reason that the Husband shall have the Wife's Land for Term of his Life as Tenant by that Law and that the Wife shall have only the Third part scilicet that it shall be so done and not otherwise And it is certain that the Law of Property is not the Law of Reason but a Customary Law and ought to be accounted amongst the General Customs of the Kingdom and there is not any Statute or written Law of the Institutions of the Customs of the Law of England but according to the Skilful in the Law of England The Ancient Customs of the Law of England are of themselves of sufficient Authority and the Customary Law is the most firm Law provided such a Custom be not against the Law of God or the Law of Reason The Fourth Fundamental of the Law of England consists of Divers Principles which the Learned in the Law call Maxims always esteemed and held for Law of this Kingdom of England which none Learned in the Law may contradict because every one of them gives Faith or Credit to it self and whether a Maxim or not is to be tried by the Judges as before is said of General Customs of
Communibus tenendis The Proceedings of this Court remain in Filacijs in the Office of the Petty Bagg Divers Acts of Parliament give Authority to the Lord Chancellor to determine divers Offences and Causes in the Court of Chancery which is ever intended in this Court proceeding in Latin secundum Legem Consuâ—tudinem Angliae and the Defendant shall not be Sworn to his Answer nor Examined upon Interrogatories but upon Issue joyned it shall be tried in the Kings Bench ut in similibus Casibus solet And thus having spoken somewhat of the Ordinary Jurisdiction of this Court we now come to treat of The Court of Extraordinary Jurisdiction PRoceeding according to the Rule of Equity Secundum Aequum Bonum But before we set forth the Jurisdiction and manner of proceeding therein it may not be thought improper to set forth and describe what this Equity is and that it may the better be understood let us consider what leadeth thereunto which is first Synderesis That is a Natural power of the Soul fixed in the higher part thereof moving to good and abhorring evil and the Divine Wisdom joyneth the beginning of Secondary things to the latter end of the first things as an Angel is Intellectual by Nature and not made rational by Discourse and to this nature Man by Synderesis approacheth and is joyned Secondly Reason For when Man was Created he received from God a double Eye the exteriour of the Flesh whereby he might see the visible things and the Interiour of Reason whereby he might know the invisible to the end that by that of the Flesh he might behold know and avoid his visible Enemies and by that of Reason be enabled to overcome his Spiritual Enemies who war against his Soul And moreover Reason according to the Learned is that power of the Rational Soul which discerneth between good and evil the better by compaâ—â—ng the one with the other which also chooseth virtue and loveth God And Reason is divided into two parts the Superiour and the Inferiour for the superiour part of Reason tendeth only to Divine Eternal things and endeavoureth and reasoneth that this is to be done or not to be done because God hath commanded or prohibited it The inferiour part of Reason is declined or bent to the Government of temporal things and endeavoureth or reasoneth to prove by Humane Laws that this is to be done oâ— not to be done or that it is honest oâ— dishonest or that it is expedient oâ— not expedient for the Common-wealth And in the next place we come to consider and speak of Conscience Which is a word compounded of Cum Scientia and is as much as to say Knowledge of one thing with another and is thus said to consiâ—â— in two things Knowledg by himself and Knowledge with another In the first Conscience importeth a certain natural Act not of knowing only but moving also and also inclineth the Soul to prosecute good and to avoid evil and in this manner it is accompted the same as above in Reason and is also conjoyned to the superiour light of Reason which is called Synderesis Therefore St. Jerom and others call Conscience it self Synderesis and then Conscience it self is always right In the second place Conscience importeth more properly Knowledg with another thing still with some particular Act and thus Conscience properly speaking is no other thing than the applying of a certain Knowledg to some particular Act from whence it may be deduced that from the most perfect knowledg of some Law or Science and the right application of that knowledg to some particular Act followeth the most pure perfect and best Conscience and if there be a defect in knowledg of the truth of that Law or in the application of the same to some Act there followeth thereof an Error or defect of Conscience And as Synderesis delivereth a universal Maxim or Principle in which it cannot Err scilicet That an unlawful thing is not to be done now it may be assumed that an Oath is unlawful it being said Math. 5. Ego autem diâ—â—vobis non jurare omnino But if any wiâ—â— hold from these words that an Oath is lawful in no case he erreth in Conscience because he hath not full knowledg of the truth of the said Gospel nor doth confer that place of Scripture with others in which an Oath is allowed to be lawful And the reason why Conscience may Err in the aforesaid Assumption and the like is because Conscience is formed from the Assumption of some particular Proposition or Question under universaâ— Rules of things to be done and as the light of a Candle is put in a House that they may see what things are iâ— the House so God hath placed Conscience in the middle of the Rational Soul as a Light whereby it may discern what is to be done or not to be done and now let us proceed to describe Equity Which is Justice weighing all circumstances tempered with the sweetness of Mercy which ought to be kept in every Law and this he well understood who said Ipsae eteniâ— Leges cupiunt ut Jure regantur and the Wiseman saith Noli esse justus multuâ—â— otherwise Summa justitia summa injâ—stitia fit But that we may more clearly declare what Equity is It is to be known that because it is impossible to institute any General Rule of Law which will in no case be defective therefore Legislators attend to that which happeneth in many things and not to particular cases nor indeed can they since to observe the Sentence of Law in some Cases is both against the Equality of Justice and Common Good so that in some Cases it is good yea absolutely necessary praetermitting the words of the Law to follow that which reason of Justice requireth And to this end Equity is ordained which is also called Epicaya scilicet to moderate the Rigour of the Law and it taketh not away the very Right but that which seemeth to be Right by general determination of Law And cases may happen in which the Law of God and the Law of Reason would be violated by the observance of them as in the Law of England there is a general Prohibition that it shall not be lawful for any Man to enter into the Ground of another without Authority of the Owner or of the Law yet it is excepted That if Beasts by the High-way escape into another Man's Corn he that driveth them may justifie the Entry to fetch them out and many other such like And thus it appears That Equity rather attends the intention than the words of Law And thus having briefly set forth what Equity is we are next to know that this Court of Extraordinary Jurisdiction grounded thereupon relieveth none but such who are without remedy in other Courts For nunquam decurriter ad extraordinarium sed ubi defecit Ordinarium This Court is Superiour to the other Tribunals that so the rigour of the Law in them
dicitur diuturnam cepit dilationem ad grave dampnum ipsius A. Sicut ex querela sua accepimus Vobis praecipimus quod ad judicium inde reddend cum ea celeritate quae secundum Legem consuetudinem regni nostri procedas c. Likewise when Justices or Judges of any Court of Record or not of Record give Judgment and delayed the party of his Execution the party grieved may have a Writ De executione Judicij by which Writ the Justices or Judges are commanded Quod executioonem judicij nuper redditi c. de loquela quae fuit c. per breve nostrum c. sine dilatione Fieri fac ' and thereupon an Alias Plur ' and Attachment c. do lye By the meeting together upon Adjournment of the Cause out of the Court where the Cause dependeth c. all the Judges c. which now we call an Exchequer Chamber Cause Warranted by the Common Law and Ancient Presidents before this Statute and the frequent use of this Court of Exchequer Chamber hath been the Cause that this Court upon the Act of 14 E. 3. hath been rarely put in ure By the King 's Writ comprehending Quod si difficultas aliqua intersit that the Record should be certified into the Parliament and to Adjourn the parties to be there at a certain Day Si obscurum difficile sit Judicium ponantur judicia in respect ' usque magnam curiam An excellent Record whereof you may read in the Parliament holden at Westminster the Tuesday after the Translation of St. Thomas Becket Annâ— 14 E. 3. Secondly By Acts of Parliament Nulli vèndemus nulli negabimus aut differemus justitiam vel rectum That it shall not be commanded neither by the Great Seal nor by the Little Seal nor by Letters nor any other cause to delay Right and albeit such commandment come c. that by them the Justices surcease not to do Right in no manner In divers cases the party grieved shall have an Action for unjust delay Tolle moram semper nocuit differre paratis But seeing neither the Common Law nor any of the Acts of Parliament do extend to Ecclesiastical Courts it is then demanded What if an Inferiour Ordinary will refuse or delay to admit and institute a Clerk presented by the right Patron to a Church within his Diocess or the like or delay or refuse to give Sentence in a Case depending before him It is Answered That the Archbishop of the Province may grant his Letters under his Seal to all and singular Clerks of his Province to admonish the Ordinary within Nine days to perform that which by Justice is desired or otherwise to cite him to appear before him or his Official at a day in those Letters prefixed and to cite the party that hath suffered such delay then and there likewise to appear and further to intimate to the said Ordinary that if he neither perform that which is enjoyned nor appear he himself without further delay will perform the Justice required or in the former of the said Cases the party delayed may have his Quare impedit but that is thought not to be so speedy a remedy Cokes 4 Inst cap. 6. The Kings Bench Court THis Court is so called because antiently the King sat there sometimes in Person upon a high Bench and the Judges upon a low Bench at his Feet to whom the Judicature belongs in the absence of the King And the Pleas here are betwixt the King and Subject As for Treasons Felonies Breach of the Peace Oppression Misgovernment c. And moreover it examineth and corrects all Errors in facto and in jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer And in this Court are Four Judges First The Lord Chief Justice created by Writ thus Mathis Hale Militi Salutem Sciatis quod constituâ—mus vos Justiciarium Nostrum capitalem ad Placita coram nobis tenenda durantâ— bene placito Nostro Teste me ipso apâ—l Westminst Three other Judges hold their Places by Letters Patents in these word Rea Omnibus ad quos Praesentes Litterae peâ—â—nerint Salutem Sciatis quod Constituâ—mus Dilectum Fidelem R.R. Militem unâ—â— Justiciariorum ad placita coram nobis â—â—nenda durante bene placito nostro Testâ— c. These Judges and all the Officers of this Court have Salaries from the King and the Chief of them Liveries out of the great Wardrobe In this Court all young Lawyers who have been called to the Bar are allowed to Plead and Practise This Court may grant Prohibition to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction thereof is General and extendeth to all England is more uncontrolable than any other Court because the Law presumes the King always is present there in Person None may be Judge here but a Serâ—eant who upon taking his Degree is obliged to wear a Lawn Coif under â—his Cap for ever after The King hath wholly left matters of Judicature according to his Laws to his Judges and albeit the Delinquent shall be Fined at the Will of the King Non Dominus Rex Camera sua nec aliter nisi per Justiciarios suos Finem imponit Errors in the Kings Bench cannot be reversed except in certain particular cases by Stat. 27 Eliz. c. 8. wherein the â—urisdiction of the Court is saved but in the High Court of Parliament A Record brought into this Court cannot as it were being in its Center be remanded back unless by Act of Parliament But Indictments of Feâ—onies and Murders may be remanded â—nd sent by the Justices of that Court â—nto the several Counties The Justices of the Kings Bench may grant a Nisi prius in case of Treason Felony and other Pleas but if they perceive an Indictment to be removed into that Court by practise or for delay they may send it back again for Justice to be done In this Court the Sentence is giveâ— by the Chief Justice the others all 〈◊〉 the most part assenting If they cannot agree it is referred to a Demurrer iâ— the Exchequer Chamber before all the Judges of both Benches and Chieâ— Baron of the Exchequer And now 〈◊〉 us speak somewhat of The Officers THe Prothonotary recordeth all Judâ—ments Orders and Rules of Courâ—â— and all Verdicts given being not 〈◊〉 Crown matters The Secondary is his Deputy for 〈◊〉 said Cause who keeps and makâ— up these Records in Books and alwayâ— attends the Court. The Clerk of the Crown Frames 〈◊〉 Indictments of Felony Treason Mâ—ther c. all manner of Appeals aâ—â— is after to Record them and enter 〈◊〉 Verdict and to make and keep thâ— Records of these matters And hath 〈◊〉 Deputy The Clerk of the Exigents Frames 〈◊〉 Process of Exigi facias and Recoâ—â— the Oulawry The Clerk
of Vacation of all which you may read there more at large And concerning Commissions of Oyer and Terminer Ten Conclusions are to be observed 1. That they are not granted but before the Justices of the one Bench or of the other or before the Justices Errant and that for great and horrible Trespasses of the King 's special Grace according to the Statute of W. 2.13 Ed. 1. Commissions are like to the King's Writs such only are to be allowed which have Warrant of Law and continual Allowance in Courts of Justice They cannot proceed upon any Indictment but such only as are taken before themselves They may upon Indictment found proceed the same day against the party Indicted as in Hill 2 H. 4. Rot. 4. Thomas Merx Bishop of Carlisle was before Commissioners of Oyer and Terminer Indicted Tryed and Adjudged for High Treason all in one day And for other Conclusions and their proceedings therein you may read more at large in Coke's Fourth Inst. cap. 28. If any Offence be prohibited by any Statute and name not in what Court it shall be punished or if the Statute appoint that it shall be punished in any Court of Record in both these cases it may be heard and determined before Justices of Oyer and Terminer The King may make a Commission of Association directed to others to joyn with the Justices of Oyer and Terminer and a Writ of Admittance to the Justices of Oyer and Terminer to admit the others into their Society which Writ is close There is also a Writ of Si non omnes directed to the Justices of Oyer and Terminer and to their Associates the Forms of all which you may read in the Register and in F. N. B. And in all these Commissions and Writs the Justices are directed with this Rule Facturi quod ad justitiam pertinet secundum Legem consuetudinem Angliae If the Justices sit by force of the Commission and do not adjourn the Commission it is determined Justices of Oyer and Terminer shall send their Records and Process determined and put in Execution to the Exchequer at Michaelmas every year to be delivered there to the Treasurer and Chamberlain c. to keep them in the Treasury None of these Commissioners or of Assize or of Gaol-delivery or of the Peace or other of the Kings Commissioners are countermanded by any New Commission unless it be shewed unto them for so many as it is shewed unto or that it be proclaimed in the County or that the New Commissioners do sit and keep their Sessions by force of the new Commission whereby the former Commission is countermanded Concerning which see the Statute of 1 Ed. 6. cap. 17. Co. 4. Inst 165. Anno 1 Mariae Stat. 2. cap. 2. Upon conclusion of her Marriage with Philip the Son of the Emperour and Prince of Spain It is provided That the said Prince shall not promote admit or receive to any Office Administration or Benefice in the Realm of England and Dominions thereunto belonging any Stranger or Persons not born under the Dominion and Subjection of the said most Noble Queen Co. 3. Inst 225. Judges and other Officers in Courts may be increased or diminished as need shall require and at Entrance shall take an Oath to serve the King and his People duly Wingate's Abridgment of the Statute of 14 Ed. 3. Title Judgments fol. 303. Association is a Patent sent by the King either of his own motion or at the Suit of the party Plaintiff to the Justices of Assize to have other Persons associated to them And upon that Patent the King will send a Writ to the Justices to admit them and if there be Three Justices and one dye the King may grant a Patent of Association to Associate another to the Two and a Writ which shall be close to the other two to admit him Terms del Ley. Si non omnes Is if those Associated or some of them cannot come then the King may make a Patent for other Justices or for One Justice to be Associated in his Room to take those Assizes and Juries And the Forms of these several Writs of Association you may see in F. N. B. 412 to 418. And if the King make Three Justices to take Assizes and make them a Patent of si non omnes if one of them dye the other two may proceed F. N. B. 416. And the King may make Association in Juries as well as in Assizes as also in Attaints and also one Association after another and any Association may be made to a Sheriff in a Redisseisin and although the Assize be discontinued yet if the other Re-attachment is Sued the Association shall stand good and the si non omnes and a Re-attachment may be sued to revive those Assizes altho' there be several Adjournments and the Associations and si non omnes shall serve for all the Assizes F. N. B. 417 418. Bailiff in Magna Charta extendeth to any Judge or Minister of the King and Bailie le Roy is understood Justice le Roy Coke's 1 Inst 168. Justices of Assize have also Commissions of Oyer and Terminer of Gaol-delivery and of the Peace of Association si non omnes throughout their Circuits so as they are armed with simple yet ordinary Jurisdiction they sometimes being bounded with express Limitations Facturi quod ad Justitiam pertinet secundum Legem Consuetudinem Angliae And in former time according to their Original Institution and their Commission both the Justices joyned both in Common Pleas and Pleas of the Crown Coke's 1. Inst 263. a. In ancient time Prelates as well as other Noble-men were Chancellors Treasurers and Judges being Expert and well Learned in the Laws of the Realm Coke's 1 Inst 304 8. Coke's 2 Inst. 98 265. Capitalis Justiciarius in Glanvil is taken for Custos Regni who may name Justices and Original Writs shall bear Teste under his name which no Officer may do whilst the King is within the Realm In the time of Ed. 1. Justices would not proceed in Case of the Death of Man without the King 's Writ By Magna Charta cap. 26. Nihil de caetero detur pro brevi inquisitionis ab eo qui inquisitionem petit de vita vel de membris sed gratis concedatur non negetur Breve inquisitionis being the Writ Odio and Atia anciently called Breve de bono malo by this Statute of Life and Member which the Common Law gave to a Man that was Imprisoned though it were for the most hainous Crime for the Death of a Man for the which without the King 's Writ he could not be Bailed yet the Law favouring the Liberty and Freedom of a Man from Imprisonment and that he should not be detained in Prison until the Justices in Eyre should come at what time he was to be Tried he might Sue out this Writ of Inquisition directed to the Sheriff Quod assumptis tecum custodibus placitorum Coronae
the Exemplary Punishments Coke's 2 Inst 200 201. To Steal a Tame Deer not known is no Felony Coke's 2 Inst 20. The Office and Duty of Foresters how to be executed by Deputy for a Woman of what a Forest doth consist Co. 4 Inst 289. What pastes by Grant of a Forest See Coke's 4 Inst 289 314. Forests called Walds and Buckholts The several Courts of the Forest Forests Laws The Beasts and Seasons of the Beasts of the Forests Deafforestations Drifts of the Forests Purlieus Trespasses c. Vide Coke's 4 Inst Parks called by the Saxons Deorfald of Herbage and Pawnage in Parks The King cannot make a Forest or Park in other Mens Grounds Parks are not to be guided by Forest Laws Coke's 4 Inst Where the Owners may cut down Woods in Free Chases and where they must have Common And divers matters concerning Forests Chases and Warens See Coke's 4 Inst By the Statute of 22 E. 4. The Owner of Woods in Forest c. ought first to cut the Woods and then to inclose By the Statute of 35 Hen. 8. They ought first to Inclose and then within four Months cut the Wood And the Stature Westminster De Malefactoribus in Parcis Charta de Foresta and other Acts concerning Forests c. are General Laws concerning all Persons whereof the Court Ex Officio ought to take notice Coke's 8 Rep 137 138. Sir Francis Barrington's Case If Fair Market Hundred Leet Park Warren and the like are appendant to Mannors or in Gross and afterwards they come back to the King they remain as they were before in Esse not Drowned in the Crown Coke's 9 Rep. 25. Abbot of Strata Marcella If License be given to a Duke to Hâ—nt in a Park The Law for conveniency giveth him such attendance as is requisite to the Dignity of his Estate And what shall be causes of Forfeiture of a Parkership By cutting more than necessary for Browse or Misusing Nonusing or Refusing his Office c. Vide Coke's 9 Rep. 49 50. Earl of Shrewbury's Case None can make a Park Chase or Warren in his own Land without the Kings License and if he do in a Quo Warranto they shall be seised into the Kings hands But a Man for his Pleasure may Hawk Hunt c. in his own Land without any License The King granted to another all the Wild Swans between London-Bridge and Oxford Coke's 11 Rep. 86 87. the Case of Monopolies More concerning Forests Game c. and the Discovery and Punishment of Offenders therein you may Read in the Statutes concerning Forests Deer-Stealers Hunters and Game c. at large The Court of Justices in Eyre THey are Originally Instituted for the good Rule of the Subject and for the Ease of the Countries and that such as had Franchises might claim them They were called Insticiarij in Itinere or Itinerantes in respect of other Justices that were Residentes In the Black Book in the Exchequer they are called Insticiarij Deambulantes Perlustrantes Their Authority was by the Kings Writ in nature a Commission And the Stile of their Court was Placita de Juratis Assisis Coron ' Itinere Johannis de Vallibus Sociorum Justic ' Itiner ' apud Ockham in Com' Rutland ' in Crastino Epiphan ' Dom ' Anno Regni Regis Edw. 14. They had Jurisdiction of all Pleas of the Crown and all Actions Real Personal and Mixt they Rode and held their Courts from Seven years to Seven years and first they began with Pleas of the Crown But now by the Statute of 27 Hen. 8. cap. 24. All Justices in Eyre must be by Letters Patents under the Great Seal In what County soever they came All other Courts during the Eyre ceased and all Pleas in that County or arising there before any other The Justices in Eyre might proceed upon as the other might have done See the first part of the Institutes of their Antiquity and Jurisdiction and the Causes wherefore they vanished away And what Franchises and Liberties ought to be claimed before them See the Case of the Abbot of Strata Marcella Coke's Rep. Lib. 9. Eyre Justices or Itinerant as we call them were Justices that used to Ride from place to place throughout the Realm to Administer Justice And they had anciently Authority to Grant Land seized for Alienation without License as Justices of the Forest who in Effect as to this purpose are Justices in Eyre may do at this day of Land Inclosed without the Kings License Terms del Ley. Justiciarij Itinerantes were so called in respect that the Justices residing at Westminster were Justiciarij Residentes Eyre being Quasi Iter And these Justices were much like in this Respect to the Justices of Assize at this day altho ' for Authority and manner of proceeding far different and as the Justices of Assize by many Acts of Parliament and other Commissions increased in power so the Justices Itinerant vanished away Coke's 1 Institutes 293. a. The Court of Justices of Trailebaston FRom the Proceeding being as quick as one might trail or draw a Staff and having some Powers like that of Oyer and Terminer being also vanished we shall not further mention but refer to Coke's 4 Inst cap. 34. Three new things which have fair pretences are commonly hurtful to the Common-wealth First New Courts Secondly New Offices either in Courts of Justice or out of them which cannot be done but by Parliament Thirdly New Corporations Trading into Foreign parts and at home which in the end produce Monopolies Vide Stat. Art super Chartas cap. 1. where was the first ground of raising the Justices of Trebaston or Trailbaston who had such Authority as Justices in Eyre But albeit they had their Authority by Parliament yet Error upon their proceeding did lie in the Kings Bench Which being known and their Authority fettered with many Limitations they by little and little vanished Coke's 2 Inst. 540. The Court of Wards and Liveries THis Court was raised by Authority of Parliament 32 Hen. 8. cap. 46. concerning the Authority and Jurisdiction whereof you may see the Statute and Coke's 4 Inst. cap. 35. To which I refer it being now taken away by the Statute of 12 Car. 2. cap. 24. The Revenue of Excise being setled in the Crown instead thereof The Court of Ancient Demesne THis is in nature of a Court Baron wherein the Suitors are Judges and is no Court of Record For Brevia Clausa Recordum non habent All those that hold of these Manors in Soccage are called Tenants in Ancient Demesne and they Ploughed the Kings Demesnes of his Manors and Plowed Sowed Manured and Managed all like necessaries to the Kings Husbandry And that they might apply themselves more freely to their Labours They had Six Priviledges 1st Not to be impleaded for their Lands out of the Mannors But by the Little Writ of Right-close directed to the Bailiffs of the Kings Manors or to the Lord of the Manors if in the
till it be discussed by the King's Council if that Matter ought and of right pertaineth to that Court Or otherwise to be Realm of England and also that they Purcease in the mean time For Tryal by Battel between the Lord Morley and the Earl of Sarum and divers others there cited See Coke's 4 Inst cap. 17. In an Appeal between Upton and Down 8 Hen. 6. after Battle joyned the King 's Writ out of the Chancery Issued to the Sheriffs of London as followeth REx c. Vic' London salutem Praecipimus vobis firmiter injungentes quod quasdam Listas Barras de Maremio fortes satis sufficientes pro quodam Duello inter Joh. Upton Appellantem Johan ' Downe Defend ' Secundum Legem Armorum die Lunae prox ' futur ' apud Westsmithfield in Suburb ' Civitatis praed ' Deodanti perficiend ' contra diem praed ' nostris Sumptibus Expensis erigi construeri fieri fac ' in Omnibus prout in Ultimo Duello ibidem facto fact fuer ' quod terra inter Listas praed ' cum sabulo sufficienter Equalitter cooperiatur Ita quod aliqui Lapides Grandes aut arena infra easdem Listas minime inveniantur quovis modo Et de omnibus singulis paecuniarum Summis quas circa praemissa aplicaveritis nos vobis in computo vestro ad Scaccarium per praesens madatum nostrum debitam allocationem habere faciemus c. And by a French Manuscript Intituled Modus faciendi Duellum Coram Rege Bone Foy Droit Ley de Armes voet quel Apellant encourge mesme peyne que le Defendant deveroit sil soit Convicte discomfit And this seemeth to be consonant to the Law of God Deut. 19 18. They proceed according to the Customs and Usages of the Court and in cases omitted according to the Civil Law Secundum Legem Armorum and therefore upon Attainders before the Constable and Marshal no Land is Forfeited or corruption of Blood wrought It was resolved in the Reign of Queen Eliz. in the Case of Sir Francis Drake who struck off the Head of Dowty in Partibus transmarinis That his Brother and Heir might have an Appeal Sed Regina noluit constituere Constabularium Angliae c. ideo dormivit Appellum The Proceeding and Sentences here is upon Witnesses or Combat and not by Jury and after Sentence in this Court in Case of Arms the party grieved may Appeal to the King What Judgment shall be given when either party is vanquished and when Tryal by Battel shall be for things within the Realm before the Justices of the King's Bench or Common Pleas Vide Coke's 4 Institutes cap. 17. Crompton's Jurisdiction of Courts Fol. 82. The effect of the Grant of the Office of Constable is in few words Officium Constabularij Angliae unacum Omnibus Feodis proficuis comditatibus Emolumentis quibuscunque Offico praedicto qualitercunque pertinentibus ab antiquo debitis consuetis And now as in some respects incident to this Court as being created by the Earl Marshal we shall in the next place speak somewhat of The Colledge of Heralds OF this Collegiate Society are Three Stiled Reges Armorum Anglorum Kings at Arms the principal of which is called Garter Instituted by King Henry the 5th whose Office is to attend the Knights of the Garter at their Solemnities To Advertise them of their Election And to call them to be Installed at Windsor To cause their Arms to be hung upon their Seats there To carry the Garter to Kings and Princes beyond Seas for which purpose he was wont to be joyned in Commission with some principal Peer of the Realm and to Marshal the Solemnities and the Funerals of all the Higher Nobility of England The next is Clarencieux So called from the Duke of Clarence to whom he first belonged which Dukedom Escheating to King Edw. the 4th by the Death of his Brother George Duke of Clarence he made this Herald a King at Arms and named him Clarencieux in French and Clarentius in Latin His Office is to Marshal and dispose the Funerals of the Lesser Nobility as Baronets Knights and Gentlemen on the Southside of Trent and therefore sometimes called Surroy or Southroy And then Norroy or Northroy whose Office is to do the like on the Northside of Trent And these Two last are called Provincial Heralds These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms and Ensigns and with Garter to direct the Heralds And next are the Six Heralds anciently belonging to Dukes have been sometime named Dukes at Arms and are thus called and ranked Windsor Richmond Chester Sommerset York and Lancaster Their Office anciently was to attend Dukes in Marshal Execution now to wait at Court attend publick Solemnities Proclaim War and Peace c. And perhaps named Heralds from the German Here and Healt that is The Armies Champion to denounce War or offer Peace as the Feciales of the Romans did These wait by turns upon the Kings at Arms and have part of their Fees And of these antiently were many as likewise of Pursuivants But now there are but Four Pursuivants named Rouge Crosse Rouge Dragon Portcullice and Blewmantle from such Badges heretofore worn by them as is throught These King's Heralds and Pursuieants were anciently Crowned and had their Creation from the Kings Hand But of later times the Earl Marshal hath had a Commissions for every particular Creation by Letters Patents The manner whereof you may see in the Present State of England They were incorporated by King Richard the 3d and afterwards had another Charter of Priviledge by King Edward 6th in the Third year of his Reign The Duty of the whole Colledge is to Marshal and Order Coronations Marriages Christnings Funerals Interviews Feasts of Kings and Princes Cavalcades Justes Tournaments Combates before the Constable and Marshal c. Also they take care of the Coats of Arms of the Genealogies of the Nobility and Gentry and whatsoever concerns Honour is their Care and Study They are Tanquam sacrorum Custodes Templi Honoris Aeditui All these receive Annual Stipends out of the Exchequer Are all to be Gentlemen at least and the Six Heralds at their Creation are expresly made Esquires by the King When Capias or Exigent are awarded against a Peer or Baron he may have a Writ to command that they Sue out no other Process against him than what they ought to have against Lords and Great Men which come to the Parliament by the ancient Laws and Customs of England Edmond Dein Court of Langley in Com' Lincoln ' By Letters Patents from Ed. 2. had License to Assign his Surname Arms and Possessions which 19 E. 2. he accordingly did But the Lord Hoc Tempore Edw. 4th Granting his Name Arms and Dignity over without the King's License the same was in Parliament adjudged void
in London Page 400 Chartereux in London Page 404 Cambridge City Page 426 Civil Government of Villages Page 431 Carolina Page 512 Caribee Islands Page 519 St. Christophers Page 526 Court of First-fruits and Tenths c. Page 548 D. DIvine Law Page 6 Delegates Court Page 44 Durham County Palatine Court Page 252 De Conservatore Treugarum i. e. Induciarum c. Page 302 Dominica Island Page 522 E. ENgland's Government Page 22 Ecclesiastical Government of England Page 28 Executive power in Causes Ecclesiastical Page 36 Executive power in Temporal Affairs Page 80 Exchequer Court Page 127 Eyre Justices Court Page 193 Execution of Laws in each County Page 222 Escheator 's Court Page 239 Ely's Royal Franchise Page 254 Ecclesiastical Government of the King's Court Page 308 Ecclesiastical Government of the Queen's Court Page 341 Ecclesiastical Government of Cities Page 344 Ecclesiastical Government of London Page 347 Ecclesiastical Government of Villages Page 431 English Plantations in Asia Page 491 English Colonies in Africa Page 492 English Plantations in America Page 492 F. FUndamentals of the Laws Page 8 Forrest Justices Court Page 175 Franchise of Ely Page 254 Franchise of Hexam and Hexamshire Page 255 First-fruits and Tenths Ecclesiastical Page 548 G. GOvernments in General Page 1 Government of England Page 22 Government Ecclesiastical of England Page 28 Government civil of England Page 51 Gaol-Delivery Justices Court Page 169 Government of Counties in England Page 207 Great Sessions in Wales Page 270 Government Military of England Page 275 Government Ecclesiastical of the King 's Court Page 308 Government civil of the King's Court Page 312 Green-cloth Court Page 315 Government Military of the King's Court Page 338 Government of the Queen's Court Page 341 Government Ecclesiastical of the Queen 's Court Page 341 Goveonment civil of the Queens Court Page 342 Government of Cities Page 344 Government Ecclesiastical of Cities Page 344 Government civil of Cities Page 345 Government Ecclesiastical of London Page 347 Government civil of London Page 348 Government Military of London Page 363 General Post-Office Page 381 Gresham Colledge in London Page 402 Government of the two Universities Page 415 Government of Boroughts in England Page 430 Government of Villages in England Page 430 Government Ecclesiastical of Villages Page 431 Government civil of Villages Page 431 Guernsey olim Servia Page 437 Government of Scotland Page 445 Government of Ireland Page 463 Guinea Page 492 Guardian of England Page 540 H. HUmane Law what Page 7 High Commission Court Page 36 High Court of Parliament Page 51 535 High Stewards Court Page 81 539 High Court of Chancery Page 90 Hundred Court Page 233 630 Heralds Colledge Page 283 Hustings Court Page 351 Halmote Court Page 358 Hebrides Islands Page 460 I. JUstices of Assize Nisi-prius Court Page 144 Justices of Oyer Terminer Court Page 153 Justices of Gaol-delivery Court Page 169 Justices of the Forrest Court Page 175 Justices in Eyre's Court Page 193 Justices of Trailbastons Court Page 195 Inns of Chancery Page 383 Inns of Court Page 384 Inns of Court manner of keeping Christmas Page 390 Judges Page 394 Islands adjacent unto England Page 433 Jersey olim Caesarea Page 437 Insula Vectis or Vectae Page 439 Ireland Page 463 Jamaica Page 530 K. KING Page 22 King's Bench Court Page 113 King 's Swanherd Page 204 587 King's Aulnager Page 205 590 King of England's Court Page 308 Knight Marshal Page 320 King 's great Wardrobe Page 332 St. Katherine's Page 378 Keeping Christmas in the Inns of Court Page 390 L. LAws in General Page 4 Law Eternal Page 4 Law of Reason Page 5 Law Divine Page 6 Law Humane Page 7 Law fundamentals Page 8 Laws and Constitutions Ecclesiastical Page 45 Leet Court Page 224 Law study Page 383 London Page 346 Lindisfarne Page 441 M. MOney collected for Houses of Correction or for the Poor Page 166 Mayor of the Staple's Court Page 263 Military Government of England Page 275 Maritime Power of England Page 287 Marshalsea Court Page 321 Military Government of the King's Court Page 338 Mayor and Aldermens Court Page 356 Military Government in London Page 363 Mootings in the Inns of Court Page 388 Mootings in the Inns of Chancery Page 390 Manner of holding Parliaments in the Inns of Court Page 392 Man Isle Page 433 Mariland Page 507 Montserrat Page 521 Mevis or Nevis Page 524 N. NAvy Office Page 295 Norwich City Page 411 Newfoundland Page 494 New England Page 496 New York Page 500 New Jersey Page 504 Nevis or Mevis Page 524 O. OFfice of Pleas in the Exchequer Page 142 Office of Tents Page 335 Office of the Robes to the King Page 335 Officers of the Robes to the Queen Page 342 Orphans Court Page 356 Office of the Ordnance Page 368 Office of the Warden of the Mint Page 373 Office of Records in the Tower Page 375 Oxford Page 415 Orcades Page 459 P. PRivy Council Page 22 Prerogative Court of Canterbury Page 40 Punishments by Ecclesiastical Courts Page 47 Punishments Ecclesiastical peculiar to the Clergy Page 49 Parliament High Court Page 51 535 Pipowders Court Page 246 Pembroke Palatine's Cuort Page 255 President and Council in the North Page 258 Principality of Wales Page 266 President and Council of Wales Court ibid. Port Courts Page 298 Parliament-holding in the Inns of Court Page 322 The Palace ibid. Post-Office General Page 381 Physicians Colledge in London Page 400 Plantations in Asia Page 491 Plantations in Africa Page 492 Plantations in America ibid. Pensylvania Page 505 Protector of England Page 540 Q. QUeen of England's Court Page 341 R. ROyal Franchise of Ely Page 254 River of Thames Conservator's Court Page 360 S. STar-chamber Court Page 104 Swanherd Page 204 587 Sessions of the Peace Court Page 210 Stannaries Court in the County of Devon and Cornwall Page 261 Lord Steward 's Court Page 324 325 Sheriffs Court in London Page 352 Serjeants Inns Page 392 Serjeants Call or Creation Page 393 Sion Colledge Page 403 Schools in London Page 405 Southwark ibid. Sorlings Page 440 Scotland Page 445 Scottish Isles or the Lesser-Islands near Scotland Page 459 Schetland I. ibid. T. TRyals Ecclesiastical in civil Causes Page 46 Tryals Ecclesiastical in criminal Causes ibid. The Tourn Page 223 Tower of London Page 365 Tangier Page 492 V. UNiversities Page 415 Virginia Page 510 St. Vincent Page 523 260 W. WItnesses Examination by Commissioners Page 203 Wardens Courts c. Page 260 Wales 266 Wardrobe of the King 332 Wardmote Inquest 358 Westminster City 406 Wight Island 439 Y. YEomen of the Guard 340 FINIS ERRATA PAge 14. line 11. read Escheators p. 17. l. 31. r. the. p. 21. l ult for of the Laws of England r. of the Jame p 25. l. 11. the Comma at without Warrant p. 57. l. 4. r. Roy. p. 69. l. 4. r. Martial p. 74. l. 23. r. The Stat of p. 78. l. 1. r. Sess 2. cap. 4. p. 102. l. 20. r. by a Deputy p 114. l. 12. r. Westminster p. 133. l. 4. r. Auditeth p. 136. l. 13. r. 2d p. 141. l ult r. 4. Instit p. 171. l. 10. r. plevisable p. 182. l. 7. r. circa l. 3. for nolucrint r. vâ—lâ—â—rint p. 185. l. 22. r belong p. 190. l. 15. r. nor p. 193. l. 19. r. of a Commission p. 201. l. 24. r. Banque p. 307. l. 15. dele in p. 209. l. 18. dele and. p. 225. l. 27. r. Easter p. 243. l. 10. r. Drachme l. 17. r. Avoir p. 275. l. 15. r. Pay p. 276. l. 21. r. were heretofore p. 279. l. 13. r. scale p. 280. l. 5. r. seale l. 7. r. surcease l. 13. surcease 281. l. 4. r. fact ' l. 16. r. Foy p. 291. l. 3. r. 62432. pounds p. 298. l. 19. r. 4 Instit 147. p. 301. r. Lynne p. 302. l. 6. r. Raised p. 303. l. 24. the Comma at concitat p. 304. l. 27. r. Foreign p. 306. l. 23. r. to that Sin p. 307. the Comma at Tacitus p. 327. l. 26. r. stick p. 350. l. 21. r. Camera Regis Reipublicae Cor totius Angliae Epitome p. 353. l. 6. dele and if they be not Inrolled p. 407. l. 13 r. secular p. 411. l. 17. for ortam r. ortum p. 463. l. ult r. called p. 464. l. 24. r. Belfast p. 468. l. 8. r. Universities one p. 476. l. 27. r. Ego p. 486. l. 6. r. Alienigena l. 19. r. 25. p. 510. l. 27. r. as p. 564 r. Plea p. 565. l. 4. r. F. N. B. 27 28 l. 7. r. 100. p. 570. l. 29. r. new framed p 579. l. 15. r. Testmoignes l. ult r. Bokland p. 607. l. 25. r. Letae