at a distance and after long delay But Edward the Third sums up all into one breif and brings a compleate modell thereof into the World for future Ages to accomplish as occasion should lead the way The cours was now established to have Justices settled in every County there to be resident and attending that Service First they were named Guardians or Wardens of the Peace but within a few yeares altered their Title to Justices First they were chosen out of the good and lawfull men of each County After that they were two or three chosen out of the worthiest men and these were to be joyned with Lawyers Then was one Lord and three or foure in each County of the most worthy men adjoyned with Lawyers Afterward in Richard the Seconds time the number of Justices in each County might attain to the number of six and no Steward of any Lord to be admitted into the Commission but within half a yeare all is at large so be it that the choise be out of the most sufficient Knights Esquires and Gentlemen of the County Again within two yeares the number in each County is set at eight yet in all these the Judges and Serjeants were not reckoned so as the work then seemeth not so much as now a dayes although it was much of the same kinde and yet it grew up into that greatnesse which it had by degrees Before they were settled by Edward the Third there were Custodes pacis which might be those whom we now a dayes call the High-Constable of the Hundred whose work was purely Ministeriall Afterward about the second yeare of Edward the Third the Guardians of the Peace had power of Oier and Terminer in matters of riding Armed upon the Statute 2. Ed. 3. After that they have power of inquiry by Indictment in certain Cases within foure yeares after they have power of Oier and Terminer in Cases of false Jurors and maintenance and about tenne years after that they obtained like power in matters of Fellony and Trespasse The way of Commissions in case of life and member thus opened another occasion of Commission offers it self for a determinative power in case of offences against the Statute of Labourers and the Cognisance hereof is soon settled upon Commissioners in the Counties specially chosen for that Service which questionlesse as the times then stood was as commendable work as it was necessary For Souldiers were so many that Labourers were very few and those that once are accustomed to Armes thinke ever after meanly of the handycraft nor will they ever stoop thereto after their Spirits are once elivated by Mastery of Adventures And secondly those few Labourers that remained of the Sword Plague and other disasters of these wasting times understood their advantage and set a value upon their labours far above their merit apprehending that men would rather part with too much of a little then to let their work lie still that must bring them in all they have but these Commissioners lasted not long though the worke did The Justices of Peace are looked upon as meet for that service and its a vain thing to multiply Commissions where the work may be done by one that before this time had obtained an additionall Cognisance of all Causes of Riots Batteries wandering dangerous Persons and offences in Weights and Measures and in Purveiance To them I say all this work concerning Labourers is also committed by the Parliament and herewith a way was laid open for Crimes of greatest regard under Fellony to be determined by triall in the Countrey according to the course of Common Law The issue of all which was not only ease to the People but a great escape from the rigor of the Councel-Table in the Star-Chamber and the Kings-Bench at Westminster on the one side and also from the gripe of the Clergy on the other who hitherto held the Cognisance of the Markets in Weights and Measures to themselves This modell so pleased all men that Richard the Second that was pleased with nothing but his owne pleasure gave unto the Justices of Peace yet further power to execute the Statute at Northampton against riotous ridings and to settle the wages of Labourers and Servants to punish unlawfull Huntings by the meaner sort of people and regrators of Wooll fals Weights in the Staple unlawfull wearing of Liveries and unlawfull fishings contrary to the Statute at Westminster 2. Thus was the power of Justices of the Peace grown to that heighth in these and other things that it undermined not onely the Councel-Table and Kings Bench but the Commissions of Gaole delivery and of Oier and Terminer so farre forth as their work was much lesse then formerly for Neighbous in cases of Crime are better trusted with the lives and estates of men then strangers so as in all this the people are still the gainers The manner of Judicature by these Justices of the Peace still remains nothing appears by any Statute in these times that one Justice of the Peace might doe alone but record a forcible detainer although questionlesse in point of present security of the Peace and good behavior by the intent of the Statutes he might doe many things but in Cases of Oier and Terminer all must be done in publique Sessions which the Justices of the Peace had power to hold by Commission onely untill the thirty sixth year of Edward the Third and ever after that they held their Sessions by vertue of the Statutes and had power to determine divers things in their Sessions according to discretion These were remedies after the Fact now see what preventing Physick these times afforded One thing that much irritated the spirits of men into discontents was false newes or slanderous reports raised and spread amongst the great men For in these times the Lords were of such considerable a power as the vexation of one Lord proved the vexation of a multitude of the meaner sort and though the Statute of Westminster the 1. formerly had provided against such tales yet it touched onely such as concerned discord between the King and People although by implication also it might be construed to extend further But Richard the Second willing to live in quiet that he might injoy his pleasure would have the people know their duties in plain words and agreed to a Law that all such as published such false newes tending to sow strife between the great men should be imprisoned untill the first mover was found and if he were not found then the Relator should be punished by advice of the Councell So much power was then given to the Councell what ever it was Thus the seed was choked or was so intended to be though every passion was not thus suppressed For some angers conquer all feare and will hold possession come what will In the next place therefore provision is made against the first actings in sorting of parties by
from such an ayre Two Kings we have at once in view both of them of an elate spirit one working more closely by cunning the other more openly by Command yet neither of them pretending so high as to doe all or be all in all Peace suited more with Henry the seventh then with his Son who delighted to be accounted terrible rather then good yet both of them were glad enough to be at peace at home and were industrious to that end though by severall meanes Henry the seventh pretended Justice and Peace a welcome news to a people that formerly accounted nothing theirs but by the leave of the Souldier and therefore sets upon the reformation of the Sheriffs Courts in the entring of Plaints and making of Juries suitable to that present time wherein men of Estates were very scarce and much of the riches of the Nation evaporated into the Warrs both Civill and Forraine although the continuance of that order concerning Juries in the succeeding times of opulency hath brought these Courts into contempt and made way thereby for the Kings Courts to swell in glory and to advance Prerogative even above it selfe Secondly He reformes Goales as well in their number as their use During the Civill Warrs every small party of men that could get a strong place made the same not only a Castle but a Goale and usually imprisoned and ransomed at their owne pleasure For remedy whereof Henry the seventh restores all Goales to the Sheriffs saving such as hold hy Inheritance and gives power to two Justices of the Peace one being of the Quorum to take Baile in cases bailable and Recognisances of the Peace to be certified at the next Sessions or Goal-Delivery Thirdly Both Kings concurr in providing against such disorders as more immediately did trench upon the publique Peace and reached at the Crowne it selfe by labouring to prevent by severe punishing and lastly by regulating the proceedings of Judicature in such cases These disorders were two Inordinate wearing of Liveries and unlawfull Assemblies The first being in nature of unlawfull assembly of minds and spirits of men the second of their bodies and persons Both these had formerly been provided against but the Judges of the Common Law unto whose Cognisance these Crimes were holden did restrain their punishments to the rule of the Common Law then thought to be too facile and mean for disorders that did flye at so high a pitch and therefore they are reduced before a higher tribunall as matter of State as hath been already mentioned The severity of punishment consisted not so much in aggravating the paine as the Crime matters of injury being made Felonies and those Treason This crime of Treason at first it concerned matters acted against the Nation afterwards it reached to matters acted against the King now it reacheth even to the very thoughts and imaginations of the heart not onely of bodily harme to the King but of the Queen or their heires apparent or tending to deprive them of their Title or Name of Royall Estate This crime was formerly made but Felony by Henry the seventh and then onely extended to such offence committed by one of the Kings houshold against the Person of the King or a Lord or any of the Councell Steward Treasurer or Controller so as the person of the Queene was not then in the Case and yet then newly Crowned and at that instant bearing in her womb that royall seed which was then the onely earnest of the stability and glory of England and therefore is it a subject of wonderment unlesse it were out of extremity of Jealousie least he should seem to make too great account of her title and thereby disparage his owne and then is it a peice of wit but not without weaknesse for he that is jealous of the slightings of other men shews himselfe unresolved in his owne pretentions Now Henry the Eighth not onely raiseth the price but addeth to the thing and not onely putteth the Queen but the Prince or Heire apparent into the Case making the same Treason So as it implyeth that English Allegiance tyeth the Subject not onely to the safety of the Person of the King but also of the Queen and Heire apparent otherwise the offence is made and declared Treason against the King Secondly the Election of the object is to be considered for whether the one or other Statute be observed it will appeare that although the King was the next object expressed yet a further was intended and that the Crime is not intended in regard of his naturall Capacity as a man but of his politique Capacity and in relation to the Common good of the Nation and this is evident not onely from the severall Prefaces of the Lawes but also from the manner of Election whereby the Title of Heire apparent is taken up and not the eldest Sonn or Daughter or these and not the other Children all which are equally dearly beloved in Naturall regard Thirdly though at the Common Law Treason be properly a Crime against Allegiance yet as in cases of Felony Crimes may be by the Statute made as Treason which at the Common Law are not against the legiance of an English man for this remaineth ever one and the same but one and the same fact may be made Treason and unmade by the Statute-Law as befell this Law of Henry the eighth by a Law within twenty yeares after like as also in former times one and the same fact hath many times received the like measure Other Treasons besides these already mentioned were by Henry the eighth created as Marriage with any of the Kings Sisters Daughters or Aunts of the Fathers side or the Daughters of his Brethren or Sisters without consent first had of the King Counterfeiting of currant Money not of the Kings Coynage was likewise made Treason by Henry the seventh who was well seen in that Mistery of Money-Trade and the like also became of Counterfeitures of the Kings Privy Signet and signe manuell And Lastly that horrid trick of poysoning was reduced to this Category rather that the Penalty might be more terrible in the Death which was by boyling then for any Tincture in the Nature of the Crime or in any Forfeiture of Estate The policy of these times thus irritated against Treason had proved very irreguler if the same had not been as rigid in cases of Felony diverse new ones of that kind are also dubbed amongst which Conjuration or Witchcraft comes first an old Felony in the Saxons time but since had gotten its Clergy now well nigh for the space of five hundred years and they it so as it never walked abroad amongst the Laity but under the favour of the Cloystered People nor ever came before the Civill Power till now Henry the eighth brought it forth into its own ancient and proper regiment Other Crimes being those of the season are made into the the same degree Such
full wherein we have a Childe a Virgin and a married Woman to sway the Work all of them in a very unmeet condition for such a Trust and yet by the help they had they managed it well enough The power of him as King or General in the Army is all one but before it is imbodied as a King onely he may do some things in order thereto according to the Law and Custome of the Nation yet this fals under a double consideration of the time and occasion In the recess of the Parliament he is the first mover and ought to move by the advice of his Councel if occasion do provoke to Arms but if the same befall the Parlaiment then sitting no History or Record do mention that ever he moved but by their concurrent advice and direction The occasion either provoketh offensive or defensive War with other Nations or with the People of his own Nation in the case of Insurrection Examples of War with other Nations that may be called offensive Wars we have but two one in Edward the sixths time with Scotland and which was but in pursuance of a War begun by his Father and wherein the Kingdom stood ingaged in a case that concerned the publique good and safety viz. the Marriage of their King refused after promise made The other was in the time of Queen Mary with the French which somewhat reflected also upon the publique safety but more upon the dishonor of the same In none of these did either of the Supreme Powers array or raise men by Prerogative but onely such as were Volunteir in that Work And because the People were ill principled in Edward the sixths time in regard of the change of Religion he was induced to hire forrain aid out of Germany The Wars in the time of Queen Elizabeth were in order to the Defence of this Nation being ever under a malignant Aspect from abroad especially from Spain in Ireland France and the Low Countries yet were these Wars served onely by Volunteirs nor did any Commission give power of impresting men to serve against their wils in any Expedition made to any of those places as the Commissions upon Record do testifie If any Levies of Men were otherwise made or compulsory means used for such ends they are to be reckoned up amongst the errata whereof the Parliament took no notice in regard it saw the ends and issues of such reflexions in Government to be succesfull and honorable and that all was done by Councel and a Woman popularly affected and therefore less feared invasion upon their Liberties or otherwise they are to be imputed to the condition of those places being Members of the Common-wealth as the cautionary Townes in the Low Countries and the Irish Plantations were and so befall under another consideration of a defensive War in case of invasion and common danger therby or by intestine broils during which condition as it is the Kings duty to levy and array men so is it the duty of the People to be ready to assist one another in all such exegencies and to defend the publique Liberty nevertheless these Arrays are not left wholly at the Will of the King but to discretion of the Councell how far the same shall extend For never were generall Arrayes made where but one Coast was in danger and where no conquest is in pretence but only piracy or plunder But if the disease were generall as it was in the yeare 88. the Array was generall and yet it was of none but those that were of the Trained bands besides such as were Volunteir Secondly The arming of these men was also diversly there was no generall rule or Law for the arming of men since the times of Edward the first to the time of Queen Mary but the Statute at Winton the course of Tenures I mean of such men as were of the Militia of this Kingdom So as when they were raised they were raised in their own armes But for such men as passed the Seas for forrain Service as they were Volunteirs or sent over by the Parliament these were armed acccording to speciall contract But Queen Mary having gotten a safe reserve from Spaine upon all adventures and a strong Interest amongst the People by upholding the Catholique party made no bones to innovate in the point of arming of the Militia although it cost the People much more then was imposed upon their Ancestors The pattern hereof was taken from the Spanish Cabinet the Q. being loth to be inferior to her own Husband in bringing as much strength to him as he to her and both of them willing enough to appeare potent in the eyes of France that then stood in competition with them both A yoke it was yet neither the King nor Queens Will but the Parliament put it on and ere an age expired was cast off again For the better understanding see it in this Scheme Per Annum Lances Light Horse Corslets Bowes Hacquebuts Bills 1000. l. 6. 10. 40. 30. 20. 20. 1000. marks 4. 6. 30. 20. 10. 10. 400. l. 2. 4. 20. 15. 6.  200. l. 1. 2. 10. 8. 3.  100. l.  2. 3. 3. 2.  100. marks  1. 2. 2. 1.  40. l.   2. 1. 2.  20. l.   1. 1. 1.  10. l.   A Coate of Plate 1. 1.  5. l.   A Coate of Plate 1.  1. Goods 1000. marks 1. 1. 2. 4. 3.  400. l.  1. 1. 2. 1.  200. l.   1. 2. 1.  100. l.   1. 2.   40. l.   Two Coats of Plate 1.  1. 20. l.   One Coate of Plate 2.  1. 10. l.    1.  1. The Lances were to be compleatly harnised or the one half of them the Corcellets furnished with Coates of Maile and Pikes the Bowes with an Iron Cap and a sheaf of Arrowes The Hackbuts with Sallets all which was to be over and besides such Armes as men were bound unto by Tenure or Covenant with the Landlord or by vertue of the Statute 33 H. 8. ca. 5. besides town-ships which were charged with joint Armes Annuities and Coppy-holds were charged as goods If the Armes were lost in the Service the owner must make them good again The defaults were punishable with fine by the Justices of the Peace who had the view and might present them at the Sessions to be procceded upon as in other Cases Here is provision enough yet not as the Armes of the Militia of the Kingdom but as a Magazine in the hands of every particular man and as his proper goods to be imployed for the publique Service either upon sudden invasion in a defensive Warr or when the Parliament shall send them abroad And yet it is also a rule unto the Crown against arbitrary Assessments upon discretion from which it cannot recede if it mean to do right It might now very well stand with the
92 165 Benevolence first used by Edward the fourth 184. taken away by Richard the third 185. taken up again by Henry the seventh 196 Bishops not impeachable before the civil Magistrate 49. their Temporalties to be neither seised nor wasted in the vacancy 50. vide Ordinary Buggery made Felony 299 C. CAnons their power anciently in debate 61. such as are not according to the Law are taken away 236 Castles and Gaols restored to the County 113. vide Forts and Fortifications Chancery once an Office afterwards a Court 35. the power grows by Act of Parliament 36 162. the manner of the Proceedings 38. Keeper of the great Seal increaseth in power 162 Chancellor elected by the Parliament 39 Cheshire made a Principality 11 Children carried into Cloisters remedied 163 Clergy priviledged from Arrest 52. discharged of purveyance and free quarter 52. their Temporalties in question 63. the Commons love not their persons 147. their first declining from Rome in the matter of Provisors 150. they gain free process in matters Ecclesiastical 192. their defection from Rome and submission to the Crown 206 Clergy upon Triall but once allowed 257. in some cases disallowed 250 298 Commissioners Ecclsiastical 288. High Commission ibid. Conjuration vide Witchcraft Conservators of the Truce 162 Constables Court vid. Marshals Court Convocation established by Parliament 151. it then undertook great matters but much more after the Clergies forsaking the Pope 229 Councels the Privy Councel ordered by Parliament 21 33 141. of use for suddain motions 27. their Oath 29. and jurisdiction 31. and power 142 Magnum Concilium or the grand Councel of Lords 28 Crown intitled not by Discent 128 277. but intailed 128. vide 188. Womanhood 270. Coverture 273 Custos Regni a formality of State under the Parliaments Order 134. many times conferred upon Children 137. and upon a Woman 252 D. DElegates though named by the King yet by Authority of the Parliament 227 Defender of the Faith 213 Dispensations Licenses and Faculties never in the Crown but by the Parliament given to the Archbishop under Limitations 234 238 Duels ordered by the Martiall as Subservient to the Common Law 108 E. EDward the third his Reign 3. his Title upon Entry by Election ibid. Edward the fourth his Reign though had Title of Inheritance yet entred by Election 181 Edward the fifth approached the Crown by Inheritance but never put it on 184 Edward the sixth his Reign his Title and Possession did meet though he was a Childe and his Sister Mary grown in age 259 Ecclesiastical power vide Prelacy and Prelates Elizabeth Queen her Reign 264. her Title by Election 278 Englishire taken away 95 Episcopacy vide Prelates and Prelacy Errors vide Heresie Exchange ordered by the statute 75 Excommunication 271. the Writ de excommunicato capiendo ordered 289. vide Parliament exportation 72 F. FAlse News punished 112 Felony by riding in armed Troops 95 113 172 257 299 First-fruits regulated 153. taken away from Rome 222 Forcible Entries 173 Forts Fortificacations and Castles ordered by Parliament 252 295 G. GAol-delivery by the Judges of the Benches 92 165. vide Judges Gaols regulated 113 254 Guard for the Kings Person brought in by Henry the seventh 195 Gipsies made Felons 299 H. HEnry the fourth his Reign doubtfull in his Title but rested upon Election chosen by Parliament sitting when there was no King 116 c. Henry the fifth his Reign his Title by an Intail by the Parliament 119 c. Henry the sixth his Reign his Title by the Intail last mentioned though a Childe he is admitted to the Crown 123 c. Henry the seventh first settled a constant Guard his sixfold Right to the Crown and his gaining Prerogative in the Person and Estates of the People ibid. 194 c. Henry the eighth his natural Endowments 199 c. his power in the matters Ecclesiastical 206 c. in Tempoporals 213 c. H. HEresie and Error in Doctrine under the cognisance of the Civil Magistrate 62 156. not punishable by death by Law till Henry the eighths time 216 236. the Writ De Heretico comburendo hath no legal ground in any of those former Times 63 158 161 216 236. Honors vide Parliament Hospitals visited by the Prelacy 154 I. IMportation 70 Judges of Assize 165 244 Jurisdiction Ecclesiastical not originally in the Prelacy nor absolutely 235 Justices of the Peace their residency and quality their number various their work also 109 171. one Justice 112. and the settling of their Sessions ibid. their power to take Bail 254 K. KIngs vide Parliament Allegiance Supremacy Militia L. LAbourers their Work and Wages 70. ordered by the Justices of the Peace 110 Lancaster the Princes of that House freinds to the Clergy in policy 146 Laws made by the Successors of Henry the eighth during their minority annulled 217. Ecclesiastical Laws vide Parliament Leiges by Birth though not born within the Allegiance of England 97 Liveries and Tokens inhibited to the Lords 112 177. and limited in the Kings person 177. means of jealousie between the King and his People 244 Libels in the Spiritual Court to be delivered in Copies upon demand 154 Licenses vide Dispensations Lords their power and jurisdiction in the Parliament 23. in Councel 29 242 Lunacy no impediment in Triall of Treason 258 M. MAry Queen her Reign 261. her Title by Election 278. she prejudiced her Supremacy by Marriage 275 Marque and Reprisal 279 Martials Court 107 Matrimonial Causes after the Reformation by Henry the eighth in the Cognisance of the Clergie by leave 238 Militia 98 175 245 290 vide War Mint 74 142. vide Parliament Monastries dissolved 220 maintained by Henry the fourth 147 Money out of England to Rome stopped 54 N. NAvy Royall as Forts for the publique safety maintained at the publique charge 253 Nisi prius 167 Non-residency 238 Noble Ladies Triall 174 O. OYer Terminer 92 165 Ordinary not to be questioned in the Civil Courts for things under Ecclesiastical jurisdiction 47 49. hath Cognisances of Vsury 47. of Avoidances Bigamy and Bastardy 48. grant Administration 51. visit Hospitals and call Executors to account 154. hath power to fine and imprison 157 239. to keep Courts but the Authority doubtfull 235. have Cognisance of the Heresie 156 236. Matrimony Non-residency 236. In Queen Elizabeths time their jurisdiction left in doubt 286 c. Oath ex Officio first brought in by the Church-men in matters Ecclesiastical 157. afterwards by the Parliament into the Star-chamber in cases criminal 244 P. PArdon of Crimes not absolutely in the King 19 Parliament without the King consisting of three States 117. without the Clergie 58 Parliaments power in ordering of the Crown 127 228 277 In ordering the Kings Person by Protectors 14. vide Protector In ordering their children In ordering their Family 15 129 In ordering their Revenues 16 129 115 In ordering their Councel 141 In the Militia vide Militia and War In conferring places of Honor and Trust
many of the People And therefore did in these times both place and displace him as they saw expedient In a word he is become the Kingdomes Darling and might be more bold with the Common Law then any of his Peeres CHAP. XIX Of the Courts of Crowne Pleas and Common Law AS the Chancery on the one side did swell and increase so was the Kings Bench in an Ebb the Councill Table in the Star-Chamber on the one side and the Itenerant Courts in the Countrey intercepted and drew away much to their own shares Making themselves fat the Kings Bench leane and the Rurall Courts for Crown Pleas almost to starve The Crown Pleas formerly had been determinable in the Kings-Bench Goale-Delivery Oier and Terminer and many of them by Justices of the Peace Coroners and Sheriffe The Goale-Delivery was afterwards united to the Judges of Assize and if one of them were a Clergy man then to the other and cheif men of the County This was usefull for the Publique but not beneficiall for some men and therefore they laboured for Commissions especially directed to parties that they thought would partake but these were found soone to be dangerous soone taken away and the Goale-Delivery restored to the Judges of Assize as formerly The Commissions of Oier and Terminer were sued forth upon extraordinary immergencies and offences wherein the State was much concerned for speedy Execution In former times both these and Goale-Deliveries were but rarely had and then granted unto some that perchance knew more of the Case then before hand was meete to be known Edward the Third amended this errour and ordered that no Commissions of Oier and Terminer should issue forth but unto Commissioners named by the Court and not by the party complaining But the Judges of Assize are now in the growing hand hoth for Honour Use and Power the rather because their Persons are of high repute in the Benches at Westminster which are the Master-peices of Judicature and their Iters are constant and ordinary Neverthelesse the Judges of Assize though they have the Goale-Delivery annexed to them yet have they not that absolute power of the Kings-Bench but are still under the rule of their Commission which is not alterable but by Parliament and which by it was altered by way of adding of new powers as new crimes arose that required the eye of the State to provide and so the Judges of Assize by degrees grew to be the ordinary Administrators of Justice throughout the Kingdome yet holding still forth to them a limited power to heare and determine in some Cases but in others onely to inquire and certifie as in the Case of false returns by the Sheriffe of persons elected for the Parliament And also in Cases concerning the Statutes of Labourers and unlawfull games and pastimes in which case the Certificate is to be made to the Chancellor And also in Cases concerning Liveries contrary to the Statutes wherein the Certificate is to be made to the Kings-Bench which power in this last Case continued in that manner by the space of thirty yeares and then by another Statute they had the power to determine such cases before themselves In like manner they had power to heare and determine cases of falshood in counterfeiting and corrupting of money by washing clipping c. And also defaults committed by Sheriffs Bayliffs and their Officers against the Statutes of forcible Entries and of wearing of Liveries as aforesaid These were signes of much confidence and trust in them and yet notwithstanding in these nor none of these were the Penalties by Fine left to the Arbitry of the Judges no nor to the Justices of the Kings-Bench but were by the very Letter of the Law determined Nor would the Parliament trust these men with doing Justice in the cases aforesaid in their own Counties where they dwelled nor did it think expedient to allow the cheif Justice of the Kings Bench unto that Service in any of them all but onely once in the County of Lancaster and then onely at the Kings pleasure otherwise it was to be as was used by the space of one hundered yeares foregoing possibly because his power was too great to be trusted amongst the People Lastly the Judges of Nisi prius were anciently made by Edward the First by whom also the Assizes were setled at certain times of the yeare and afterwards by the Statute at Yorke the Nisi prius in smaller cases was granted before one Justice of the Bench where the Plea dependeth and one substantiall man of the County but those of greater concernment were to be had before two Justices of that Bench or in case they were wanting then before Justices of the other Bench or in default of them before the cheif Baron if he were a man of Law and in default of that before the Judges of Assize Therefore in those dayes the Justices of the Benches in their Iters in the Counties divided in their power Some being for Assizes others for Nisi prius and in some times and cases some were for both For in those times of Edward the Third Judges of Assize had power to inquire in some matters that concerned the Crowne or to try Nisi prius nor were these powers united till in Henry the Sixths time Justices of Nisi prius had the power of Oier and Terminer annexed to them in all cases of Fellony and Treason What was formerly provided by Edward the Third and Richard the Second for Instruction to these Judges and to binde them thereto by solemne Oath I shall not particularly mention but shall leave the consideration of the Originall of the whole Judicature of this Nation unto the Readers observation upon the Premises CHAP. XX. Concerning Sheriffs HEnry the Fourth after a small rest in his Throne though he alwayes sate loose sought after the civill Peace as the corner Stone of his subsistence and that by a way of Justice which found more acceptance with the Vulgar then the common Education of the greater number in these times could promise for the worst of men cannot endure to suffer injustice though themselves will doe it Now because where Kings are reputed to be the Fountain and Life of Justice Sheriffs may be reputed to be the breath thereof and by their irregularities doe render the Government of the King as loathsome as unsavoury breath doth the Person whose it is Therefore Henry the Fourth chose rather to be a looser in his Farme-Rents of the Sheriffwicks then to occasion the Sheriffs to save their bargains by oppression And to this end he tooke away the course of forming of Sheriffwicks and made the Sheriffs bare accountants for the Annuall profits and as touching the casuall profits the Sheriffe discharged himselfe upon Oath This was a good security to the King but yet the People was not herewith satisfied For though the Sheriffs might not take to Farme yet what they
20 39 In ordering the Mint vide Mint In making Ecclesiastical Laws Concerning Church-Government 224 c. 208 281 Concerning Doctrine 211 224 236 c. Concerning Worship 224 Concerning Church-censures 240 In granting Licenses and Dispensations 234 In final Appeals 227 In ordering it self 24 130 In judicature 25 190 Parliament not inconstant though mutable 188 Peace Justices and their Sessions 109 c. 170 c. 253 c. 297 c. Penal Laws executed to get money 184 196 Pleadings in English 98 Popes power in England abated 56 c. vide Ordinary Supremacy Arch-bishop Prelacy not favoured by the Canon 239. their power since the time of Queen Mary 283. their dignity and power distinguished 46 58 Preists Wages 70 155 Praemunire and Provisors 54 58 c. 151 Proclamations made equal to Laws 214. altered 269. Protectors variety of them makes a doubtfull Government 4 8 123 Purveyance regulated 53 65 R. RAvishment consented to forfeits Jointure 96 Requests Court established by Cardinal Woolsey 241 Richard the second his Reign 6. endeavours to over-rule the Parliament but failed in the Conclusion 11 Richard the thirds Reign 184. his Title by Vsurpation and Murder ibid. Riots 173 S. SAnctuaries changed into fewer priviledged places 257 Servants imbesselling Felony 258 299 Sheriffs Courts regulated 254. Election of Sheriffs 93. Farm of the County 168. continuance in service ibid. Extortion ibid. Souldiers vide War Staple â—72 c. â—90 Star-chamber 31 c. 242 Stealers of Men and Women Felony 299 Supremacy supreme Head 206. certainly not absolute or arbitrary power nor a Legislative power 208 c. Supreme Governour 270. in causes Ecclesiastical 270 c. in Temporal ibid. T. TEnths and first-fruits 222 Torniament 108 Tonnage and Poundage 189 Trade 64 190 Treason 76. c. By thoughts by marriage and counterfeiture 255 256. tryed where the King will 258. Petty Treason 94. W. WAles subdued by Henry the fourth 118. Vnited to the English Crowne by Henry the eighth 241 Warr by advice of Parliament 98 175. Levying of men 101 176 248 290. Jurati obligati ad arma taken away 100. Arming of men 100 290. Conduct to their Rendezvous 101. Runing from their Colours 101 180 296. Plunder satisfied 101. Their pay 176.251 296. Offensive and defensive 291. Watches inquired into by Justices of the Peace 173. Wickleif 60. Wills probate 154. Witchcraft made Felony 257 299. FINIS Pag. 126. Concil Britt Pag. 212. Ibid. pa. 194. Ibid. pa. 242.245 Pag. 219. Pag. 300. Pag. 321. Concil Brit. Pag. 328. Concil Brit. Pag. 334. Concil Brit. Pag. 350. Concil Brit. Pag. 480. Concil Britt Pag. 490. Pag. 534. Pag. 621. Pag. 23. Mr. Seldens Title of Honor. Tit. Honor Pag. 703. Tit. Honor Pag. 703. Littlet lib. 2. cap. 3. Britt Pa. 122. Antiq. Brit. Rich. 2. The. lib. 4. Cap. 21. Hist Eccles Ang. Antiq. Brit. â—62 11. Rich. 2. n. 8.13 21. Rich. 2. cap. 9. 21. Rich. 2. cap. 3. 1 E. 3. Stat. 1. 9 Rich. 2. n. 31. 11 Rich. 2. n. 23. 5 Rich. 2. n. 17 18. 2 Kich 2. n. 12. 9 Rich. 2. n. 4. or 41. 14 E. 3. n. 6. 27 E. 3. n. 8. 9 R. 2. n. 40. 15 E. 3. n. 16. 14 E. 3. cap. 20. 25 E. 3. n. 16. 1 E. 3. vet 1. 1 Rich. 2. n. 48. 25 E. 3. Provisor 21 E. 3. n. 64. 3 Rich. 2. n. 83. 2 Rich. 2. n. 38. 15 E. 3. n. 6 7. 1. E. 3. Ver. 1. 15 E. 3. cap. 3. 11 Rich. 2. n. 11.12.15.17 5 Rich. 2. n. 8.12.13 10. E. 3. cap. 2. 14 E. 3. c. 15. 2 E. 3. cap. 2. 13 Rich. 2. Sr. 2. cap. 1. 11 Rich. 2. n. 3.6 21 Rich. 2. n. 35. 14 E. 3. n. 55. 50 E. 3. n. 10. 1 Rich. 2. n. 5â— 3 Rich. 2. n. 34. 5 Rich. 2. n. 17 18.28 6 Rich. 2. n. 19. 37 E. 3. n. 34. 1 Rich. 2. n. 5. 5 Rich. 2. n. 75. 15 E. 3. c. 3. Antiq. Britt Eccles 15 E. 3.50 15 E. 3. c. 1. 15 E. 3. c. 3 4. 14 E. 3. cap. 5. Walsing An. 1315. 4 E. 3. cap. 14. 36 E. 3. c. 10. 1 Rich. 2. c. 4. 12 Rich. 2. cap. 12. 16. E. 3. Memb. 5. in Dors 27 E. 3. Stat. 2 28 E. 3. cap. 13. Mag. Cart. Vet. 20. Ass pl. 52. 41 E. 3. Rat. Clauâ— 16 Rich. 2. Memb. 11. in Dors Fleta li. 2. cap. 34. 38 E. 3. Rot. Pat. Ps 1. Memb. 13. 39 E. 3. Ps 1. M. 13.42 E. 3. Rot. claus Memb. 8. in Dors 2 Rich. 2. Rot. Pat. Ps 1. 12 Rich. 2. cap. â— 43 Ass pl. 38. Co. Instit 4. c. 5. 22 Ass pl. 75. 13 Rich. 2.12 Tit. Prohibition 5 E. 3. cap. 9. 37 E. 3. c. 17. 25 E. 3. c. 4 5. 42 E. 3. c. 3. 4. 1 Rich. 2. n. 87. Fabian Vit. Hen. 3. ann 1141. 43. Ass pl. 38. 43. Ass pl. 38. Miror cap. 4. Sect. 2. Fleta lib. 2. cap. 13. Fleta lib. 2. cap. 13. Sect. 8. Instit 4. c. 8. fol. 78. 4 E. 3. cap. 12. 9 E. 3. cap. 1. 14 E. 3. cap. 5. 27 E. 3. cap. 26. 36. E. 3. c. 9. cap. 13. 12 Rich. 2. c. 12. 27 E. 3. c. 24. 22 Ass pl. 25. Bro. scire fac 154. 24 E. 3.73 43 Ass pl. 32. 24 E. 3. pl. 35. 39 E. 3. fo 14. 21 E. 3. fo 47. 43. Ass pl. 35. 37 E. 3. cap. 27. 38 Ed. 3. c. 9. 17 Rich. 2. cap. 6. 43 Ass pl. 32. 15 E. 3. n. 10.15 15 E. 3. c. 3. 10 Rich. 2. n. 16.10 Instit 4. cap. 22. fol. 142. 144. Gloss fol. 16. 15 Rich. 2. c. 3. Dier 15. 16. El. mic pl. 2. 8 E. 3. Coronn 199. 13 Rich. 2. cap. 5. 15 Rich. 2. cap. 5. 25 Rich. 2. cap. 3. 2 Rich. 2. cap. 4. 25 E. 3. Stat. 6. 15 E. 3. cap. 6. 22 Ass pl. 70. 45 E. 3.24 Fus consultat 5. 31 E. cap. 4. 25 E. 3. Stat. 3. cap. 9. 15 E. 3. c. 5. Miror Just cap. 5. Sect. 1. 51 H. 3. petit cleri Artic. 16. 50 E. 3. n. 158. 6 Rich. 2. n. 57. 14 Rich. 2. n. 24. Instit 3. cap. 70. 6 Ed. 3. coram Rege Rot. 130. Porff 25 E. 3. c. 8. pro clero â—8 E. 3. cap. 2. â—5 E. 3. St. 2. 9 Rich. 2. c. 4. Bro. quar imp 85. 8 E. 3. 8. 18 E. 3. cap. 1. 14 E. 3. cap. 2. 25 E. 3. c. 6. 44 E. 3. fol. 35 36. Per Thorpe 7 H. 4. fol. 41. Per Gascoigne 31 E. 3. c. 11. West 2. cap. 19. 5 E. 3. c. 5. 1 Rich. 2. c. 15 14 E. 3. Stat. 3. cap. 1. Westm 1. cap. 1. Stat. de prisis 1 Rich. 2. c. 3. 4 E. 3. cap. 6. 5 E. 3. cap. 3. Rot. Parl. 10. E. 3. Arch. Reg. 18 E. 3. tit 38. Fox 388 25 E. 3. Stat. 5. cap 22. Fox Sect. 1. 27 E. 3. c. 1. Antiq. Brit. Eccles 247. 21 E. 3. fol. 40 38 E. 3. cap. 1. Rot. Parl. 51. E.