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
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
all Pleadings are Entred and all Common Recoveries Recorded and Exemplified The Clerk of the Warrants who entreth all Warrants of Attorney and inrolleth all Deeds acknowledged before Justices of the Court. The Phillizers who have the several Counties of England divided amongst them and make all mean Process upon Original before Appearance The Clerk of Essoyns who entreth all Essoyns and Exceptions in all Actions and prepareth and marketh all Rolls for the Court. The Clerk of the Utlaries who makes all Capias utlagatum upon return of the Exigents brought him The Kings Attorney is Master of this Office The Exigenters appointed for several Counties who make the Writs of Exigents and Proclamations upon the return of the Pluries Capias brought them The Clerk of the Supersedeas who makes Writs to supersede the Utlary upon the Parties appearing to the Exigent The Clerk of the Juries who makes Writs of Habeas Corpora Jur ' Distringas Jur ' for Tryal of Issues The Chirographer who makes the Indentures of Fines Levied The Clerk of the Kings Silver who Enters upon Record the Money which the King is to have upon Fines for the Post Fines according to the value of the Land as the same is rated upon the Writs of Covenant The Clerk of the Errors who makes the Supersedeas upon the Writs of Error and doth Transcribe the Records out of the Common Pleas into the Kings Bench. The Clerk of the Treasury who keeps the Rolls of the Court and makes Copies and Exemplifications thereof and also all Records of Nisi prius which are after the same Term wherein Issue is joyned The Proclamator of the Court The Keeper of the Court The Office of Inrolment of Fines and Recoveries erected by Statute Four Cryers or Tipstaffs Substitutes to the Proclamator The Warden of the Fleet who by himself or his Deputy is to attend the Court That Prison being proper for all Commitments out of this Court The Pleaders are Serjeants of the Coif none under that degree are admitted to Plead at the Bar nor to Sign any special Pleadings in that Court The Attorneys are many being not limitted In this Court all Civil Causes Real or Personal are usually tried according to strict Rule of Law and Real Actions are Pleadable in no other Court The Proceedings in this Court are by Originâ—l Summons Attachias Capias Alias Capias Pluries Capias Exigi Facias and Proclamation into the County where the Defendant dwelleth And for their General Rule see the Books at large The King allows the Lord Chief Justice a Fee Reward Robes and Two Tun of Wine And to the Three other Judges and to Four Serjeants he alloweth Fees Rewards and Robes to each The Clerk of the Supersede as holds his Place by Patent The Phillizers are in the Gift of the Lord Chief Justice and hold for Life The Four Exigenters are in the Lord Chief Justice Gift and are for Life This court hath Jurisdiction for granting Prohibitions upon Suggestions where there is neither Writ of Attachment nor Plea depending Coke's 4. Inst 10. And this Court hath Jurisdiction for Punishment of their Officers and Ministers The Court of the Exchequer IS so called as some think from the Chequer wrought Carpet Covering the great Table in that Court Or else from the French Eschequier a Chess-board because the Accomptants in that Office were wont to use such Boards in their Calculation And the Authority of this Court as all the other Courts before mentioned is of Original Jurisdiction without any Commission not Instituted by any Statute or Written Law but have their Jurisdiction Originally from the Ancient Customs of the Kingdom And this Court is divided into Two parts viz. Judicial Accompts called Scaccarium Computorum and the Receipt of the Exchequer Una Origo Utriusque Scaccarij Superioris scilicet Inferioris sed quicquid in Superiori computatur in Inferiori solvitur ' But before we proceed further it will be necessary to declare The Officers DOminus Thesaurarius Angliae hath his Office by delivery of a White Staff at the Kings Will and Pleasure In former times by delivery of the Golden Keys of the Treasury When Treasure failed the White Staff served to Rest him upon it or drive away importunate Suitors The Office and Duty of the Lord Treasurer appears by his Oath Consisting of Eight Articles for the due Execution of his Office and truly to Council and Advise the King as in the 4th Institutes you may Read more at large And he hath the keeping of the Kings Treasure and Records of the Exchequer and hath many Officers at his sole Appointment hath the nomination of Escheators in every County and is to appoint a Measurer for Cloths he with others joyned with him grant Leases of the Crown Lands and giveth Warrants to certain persons to have their Wine Custom Free The ancient Salary of the Lord Treasurer was 383 l. 7 s. 8 d. lately it hath been 8000 per Annum The Office is sometimes Executed by Commission and he is also Treasurer of the Exchequer by Letters Patent under the great Seal And next to the Lord High Treasurer is Cancellarius Scaccarij who keepeth the Seal Et les Brev. usual in le Chancery en le Exchq ' c. sont pluis ancient que le Register He is sometimes under Treasurer and Governor of the Court. Under the High Treasurer is The Comptroller of the Pipe and many Officers are at his Appointment and these seldom sit in Court But there is The Lord Chief Baron who is created by Letters Patent Quam diu se bene gesserit and Answers the Bar takeâ— Recognizances for the Kings Debts c. and with him commonly sit Three other Barons who in his Absence supply his Place according to Seniority And there is also One Cursitor or Puisne Baron who administers the Oaths to the Sheriffs Under-Sheriffs Searchers Surveyors c. of the Custom-House And in the upper Exchequer are these under Officers The Kings Remembrancer in whose Office are Two Secondaries and Six others who are Sworn Clerks and his Office and Duty is First To Write Process against all Collectors of Customs Subsidies c. Secondly He entreâ—h all Recognizanees before the Barons and taketh Bonds for the Kings Debts for observing of Orders or for Appearances and makes out Process thereupon Thirdly He makes out Process upon Penal Statutes and enters all Informations in this Office Fourthly He makes Bills of Compositions upon Penal Statutes Fifthly He taketh the Stalment of Debts and entreth them Sixthly Into this Office ought to be delivered all Conveyances and all Evidences whereby any Lands c. are granted to the King Seventhly There being a Court of Equity holden in the Exchequer Chamber by English Bill all the Bills and Proceedings thereupon are entred in this Office See the Statute of 5 R. 2. cap. 14. Stat. 1. The Lord Treasurer's Remembrancer whose Office is to make out Process against all Sheriffs Receivers Bayliffs
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
in French Pourallèe i. e. Perambulatio By this it appeareth That Chases that never were Forests cannot have any Purlieu and consequently the case of 16 Eliz. Dyer 326. is mistaken for the Chase of Whaddon never was a Forest The Owners of the Soil within the Purlieu may at their will and pleasure Fell Cut down Eradicate and Stub up all Timber Trees Woods and Under-woods and convert the same into Arrable Land or dispose and inclose the same as if the same had never been Afforested The King's Raâ—â—gers may Re-chase with their Hounds any Deer out of the Purlieu into the Forest again and may present unlawful Huntings and Hunters of the Kings Deer within the Purlieu as in the Night or at unseasonable Deer or by one no Purlieu Man As appears by the Rangers Oath Coke's 4 Inst. cap. 73. And where is no Purlieu there are no Rangers The Kings Game or Deer are not marked therefore Ranging out of the Forest and Purlieu if any be belonging to the King Therefoâ—e the Abbot of Whitby Huntting in Whitby Forest adjoyning to the Forest of Pickering which belonged to the Earl of Lancaster The Sheriff being commanded to Summon the Abbot before the Justices in Eyre 8 E. 3. Rot. 42. He pleaded his Title to the Forest and that all Abbots of that place by their Grants might with Engins Netts c. take Wild Beasts By which it appears That when the Kings Game range out of the Forest they are at their natuâ—al Liberty Et occupanti conceduntur And now a word of The Drifts of the Forests by the Statute of 32 Hen. 8. all Forests Chases Commons Heaths Moors and Wast grounds within England and Wales are to be driven at the Feast of St. Michael yearly or within 15 days after or at any other season or time of the year And the end of these Drifts is First To see if those who ought to Common do Common with such Cattel as by Prescription or Grant they ought Secondly That they do not Surcharge Thirdly If the Cattel of any Stranger be there who ought not to Common at all A Forrest being as it is described before that which hath Power to hold the several Courts before mentioned it is further to be observed That if the King having a Forest grant the same to a Subject in Fee the Grantee shall have no Forest because he hath no power to make Justices and Officers of the Forests to hold Courts c. But if the King grant a Forest to a Subject with this further That upon request made in Chancery he and his Heirs shall have Justices of the Forest Then the Subject hath a Forest in Law As the Duke of Lancaster had the Forests of Pickering and Lancaster And the Abbot of Whitby had the Forest of Whitby in the County of York A Chase is where there are Keepers only and no Court of Swanimote but is governed by the Common Law And when a Forest is granted by the King to a Subject without the Power above mentioned to have Justice of the Forest Then that which was a Forest before shall be said to be a Chase and a Chase is a certain compass of Ground to nourish and maintain Deer granted by the King in my own Land and is not inclosed but lieth open A Park is Land inclosed and stored with Wild Beasts which may be had by Prescription as well as by Grant of the King and a Park is always inclosed with some Pale Wall or the like and is not open for if it lie open it is cause of Forfeiture or Seisure A Warren is where one by Grant of the King or by Prescription doth use to have Pheasants Partridges Conies and Hares and no other Wild Beast or Vermin within certain of his Lands And none may make a Warren but the King no more than they may make a Forest or Chase because it is a special Priviledge which belongeth to the King only But it may be had by Prescription And in every Warren is a Master and Servants to attend for the safeguard of the Beasts and Birds of Warren but there is no Court of Swanimote or other Court For Trespass done in a Warren is punishable by the Common Law And the King may grant to me Warren which he hath in such his Demesne Land And also which he hath in Lands of others And may grant me Waren in my Lands for Conies and Hares and to an other that he have Warren there for Partridge and Phesant And if the King grant that none shall Chase or Hunt any Beasts in my Land it is a good grant for Beasts of Chase and Warren and it is not a Warren but a Free Chase And for other matters relating to Forest Park Chase and Warren Vide compton's Jurisdiction of Courts and Coke's 4 Inst The Beasts of Park or Chase properly extend to the Buck the Doe the Fox the Roe the Marton but in a common and Legal Sense to all the Beasts of the Forest The Forest and Chase differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest Beasts of Forest are properly a Hart Hind Buck Hare Boar Wolf ut supra but legally all Wild Beasts of Venery There are both Beasts and Fowls of Warren as Hares Conies and Roes called in Records Capreoli Fowls of two sorts Terrestres and Aquatiles Terrestres of two sorts Silvestres and Campestres Campestres as Partridge Quâ—il Rail c. Silvestres as Phesants Woodcock c Aquatiles as Mallard Hern c Of the Officers of Park Forest c and Conditions annexed and causes of forfeiture See Coke's 1 Inst 233. a. b. Vivarium is taken for Waters where Fishes are kept Coke's 2 Inst 162. It is not lawful for any Man to Erect a Park Chase or Warren without a License under the Great Seal of the King who is Pater Patriae and Head of the Common-wealth for the Common Law gave no way to matters of Pleasure wherein most Men do exceed for that they brought no profit to the Common-wealth Unto a lawful Park three things are requisite First A Liberty either by Grant of the King or by Prescription Secondly Inclosure by Pale Wall or Hedge Thirdly Beasts Savages of Park By Stat. Westm 1. cap 20. Trespasses in Parks and Vivaries shall make good and high amends according to the manner of the Trepass have Three years Imprisonment make Fine to the King or otherwise find Surety no more to Offend or else to Abjure the Realm If one Hunt in a Park or Fish in a Pond altho' he kill no Deer or take any Fish yet this is a Misfeazance within this Statute And this Act being Affirmative to the Common Law the party may bring his Action upon this Statute or may waive the benefit of this Act and bring his Action of Trespass Generally at the Common Law If the Damages given be too small the court may encrease the Damages The King may pardon
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
the nature of the Writ doth not warrant a Capias and the Sheriff could not grant the same neither doth the Writ of Justicies alter the nature of the Court of the County for therein the Sheriff is not Judge but the Suitors and upon a Judgment given therein a Writ of False Judgment doth lie and not a Writ of Errour And in divers Real Actions a Writ of Justicies doth lie as in Breve de Admeasurement of Dower of Pasture De Nusance c. As by our Books may appear And Pleas ought not to be hence removed without cause as appears by the Writs of Pone Recordare The Writ of False Judgment Accedas ad Curiam which are yet in use In this Court upon the Exigent after Quint ' Exact ' The Coroners give Judgment Ideo Utlagetur per Judicium Coronatoris But by this Judgment No Goods are forfeited before the Outlary appear of Record and that is the Reason that no Man can Claim the Goods of Outlaws by Prescription neither shall such an Outlawry disable the party till the Exigent be returned This Court is holden at any place within the County except in Northumberland Sussex and Chester where it is limited to be held at certain places by Statute And is to be holden once every Month counting 28 days to the Month. No Fine can here be inposed because it is no Court of Record But a Man may be there amercied for Contempt or Disturbance of the Court In the presence of the Court. And in this Court are these Officers The Sheriff who is Elected yearly Crastino Animarum by the Statute of 9 E. 2. and 14 E. 3. cap. 7. And his Letters Patents bear date commonly the sixth of Novemb. unless in case of necessity And before the next County day after his Election and Discharge of the old Sheriff he ought to depute A County Clerk who according to Fleta ought to be Endued with Circumspection Fidelity Providence Humility Peace and Modesty Expert in the Laws and Customs of his Country and of ability to direct the Bailiffs and other Ministers in Dubious Things He may not Practise as an Attorney at the same time nor Act without consent of Suitors he must Depute honest able Bailisss to Execute the Process and Precepts of the Court and after Plaints entred which must be in full County Sedente Curia Except in case of Replevins he must Issue sufficient Precepts directed to his Bailiff to Attach or Warn the Defendants to appear at next County Court and at the Adjournment of every Court must appoint a day certain for the next Court To the intent the Country may know when to Resort thither to hear the King's Exigents and Proclamations read The Coroner is a Principal Officer being chosen in this Court by a Writ De Coronatore eligendo directed to the Sheriff whereupon he is chosen by the Freeholders or Suitors in full Court and is there published and afterwards his Election certified into the Chancery by the Sheriff and the County Clerk Administers to him an Oath for due Execution of his Office then he Sits there with the Sheriff every County Court where Exigents and Proclamamations being proclaimed five County days Once in open Sessions and once at the Church Door If at the fifth County day the Defendant appear not the Coroner gives Judgment That he be out of the King's Protection and out of the Aid of the Law A Man being then said to be Outlawed as it were Extra Legem positus because he is supposed to be once Sworn to the Law But a Woman is said to be waved Waviatur because she was never Sworn to the Law The Attorneys may do all things in the Name and as the Act of him who gave them the Authority as if he did it himself For he is Aliorum Negotiorum Gestor and Qui per alium facit per seipsum facere videtur And these ought to be honest and just according to their Oath And ought not to delay their Clients Argenti gratia not demand Moneys otherwise than is allowed them by the Court. The Bailiffs are Servants and Ministers of the Law and by Consequence to the party at whose Suit he is to distrain And therefore ought to be True Vigilant and not exoculated with Bribes Ought to be contented with the Fees allowed for if they Extort more or commit any Error contrary to their Precept they forfeit Forty shillings by the Stature of 27 Eliz. No Bailiff or other Person ought to take a Distress or Execute Process till he be Sworn but now Experience shews the Contrary King Alfred hanged Judge Arnold for saving a Bailiff from Death who had robbed the People by Distress and for Extorting of Fees The Court of the Hundred AS the Leet was derived for the Ease of the People out of the Tourn So this Court of the Hundred for the same cause was derived out of the Court of the County And is in nature a Court Baron where the Suitors are Judges and is no Court of Record The Stile of this Court is Curia E. C. Milit is Hundredi sui de B. in Com' Bucks Tent ' c. coram A. B. Senceschallo ibidem Officers Incident to this Court are chiefly the Constables of the Hundred commonly called The Chief Constables so named because the Constables of Towns are called Petit Constables The Constables of the Hundred are Created by the Statute of Winchester 13 E. 1. And their Authority thereby limitted to five things 1st To make view of Armour 2ly To present before Justices Assigned all such Defaults they see in the Country about Armour 3ly Defaults of Suits of Towns 4ly Of High-ways 5ly To present such as lodge Strangers in uplandish Towns for whom they will not Answer And these disperse all Warrants of the Justices of Peace to the Petit Constable and divers other Authorities are given to them and the Petit Constables by Acts of Parliament which they must strictly observe For that no Officer constituted by Act of Parliament may Prescribe as the Officer by the Common Law may Term. 2 Car. Regis Fortescu of Bucks Plaintiff and the Sheriff of the same Defendant The Plaintiff had divers Hundreds granted to him for Life Reserving a Rent which the Sheriff disallowed and put in Bailiffs of his own And the Attorney General was commanded to avoid the like in other Counties for that they were against Law and belonged to the Office of the Sheriff And this division of Counties into Hundreds is very Ancient and thought to be so called at first either for containing an Hundred Houses or an Hundred Men bound to bear Arms and hath commonly a Bailiff an Ancient Officer but now of small Authority And if there be a Bailiff of a Liberty Or a Sheriff's Bailiff of a Hundred Wapentake or Tything which hath not Lands or Tenements sufficient within the County there lieth a Writ De Ballivo Amovendo by the Statute of 4. E. 3. cap. 9. The
Corporals 150 l. each The King hath many other Inferiour Officers which over-passing we come now to The Government of the Queen's Court IS suitable to the Consort of so Great a King Splendid and Magnificent And hath all Officers and a Houshold apart from the King For Maintenance whereof there is usually setled 40000 l. per Annum and is as followeth The Ecclesiastical Government of the Queens Court. THe Lord or Grand Almoner He hath Superintendency over all the Ecclesiasticks belonging to the Queen One Confessor to the Queen and Four Almoners One Treasurer of the Chappel Two Preachers Four Clerks of the Chappel and Four Boys Sixteen Chaplains Divers belonging to the Musick and Two Vergers or Porters The Civil Government of the Queen's Court. THere is a Counsel consisting of Persons of Great Worth and Dignity A Steward of the Revenue A Keeper of Her Majesties Great Seal A Chamberlain Master of the Horse A Vice-Chamberlain A Principal Secretary and Master of Requeste A Treasurer and Receiver General Attorney General Solicitor General A Surveyor General Six Gentlemen Ushers of the Privy Chamber Two Cup-bearers Two Carvers Two Sewers Five Gentlemen Ushers daily Waiters Ten Grooms ef the Privy Chamber Seven Gentlemen Ushers Quarter Waiters Six Pages attending at the Back-Stairs Four Pages of the Presence Officers of the Robes A Surveyor Proveditor Clerk Yeoman Groom Page Tayler and Brusher Twelve Grooms of the Great Chamber One Porter of the Back Stairs A Master of the Queens Barge and Twenty Four Watermen The Grooms of the Stole Lady of the Robes and of the Privy Purse Seven Ladies of the Bed-chamber One Keeper of the Sweet Coffers Six Maids of Honour and A Governess or Mother of the Maids Six Chamberers or Dressers A Laundress A Sempstress A Starcher A Necessary Woman These are all paid by Her Majesty out of her own Revenue There are besides Divers other Officers Below Stairs belonging to the Queens Table and Stable paid by the King for which is allowed 20000 l. more The Prince of Wales and other the King's Children have likewise their Courts or Housholds apart But these being not certain no certain Allowance or Settlement is of them but are rather at pleasure And therefore I shall not particularize them but refer to Chamberlain's Present State of England The Government of Cities ALthough every City is within some of the Counties herein before mentioned yet each of them are like a little Common-wealth Governed by Laws and Customs Ecclesiastical Civil and Military within themselves And this by Charter or Priviledges granted and cofirmed to them by several Kings of this Realm And there is for The Ecclesiastical Government of Cities A Bishop every City being or having been a Bishops See and hath a Cathedral to which belong a Dean A Chapter A Treasurer and Prebendaries who have Lands and Revenues belonging to them for their Maintenance and though the Bishoprick be dissolved the City remains as Westminster and Cambridge which was antiently reputed a City And for The Ecclesiastical Government of Parishes there is a Rector or Vicar for every Parish who is to have the Cure of the Souls of his Parishioners every one of which hath a Parsonage or Vicaridge-House and a Competent allowance of Tithes for their Maintenance And there is for The Civil Government of Cities A Mayor who is the King's Lieuetenant chosen by the Citizens and approved by the King and is for one year as a Judge to determine all Matters within his Jurisdiction and to Mitigate the Rigour of the Law And next in Government of Cities are the Two Sheriffs who are Judges in Civil Causes within the City and to see all Execution done whether Penal or Capital To Execute the Kings Mandates within the City c. And might rather be called State Reeves or Port-Reeves i. e. Urbis vel Portus Praefecti The Mayor Sheriffs and Aldermen of every City may make Laws called By-Laws for the Government of the City provided they are not Repugnant to the Laws of the Kingdom And these have several Courts which have Jurisdiction in all Civil and Criminal Causes only with Restraint that all Civil Causes may be removed from their Courts to the Higher Courts at Westminster But of all these we shall speak more at large when we come to treat of the City of London and other Cities in particular which may serve for an Example or Pattern of all the rest And therefore we shall begin with The City of London LOndon so called as some conjecture from the British word Longdin signifying in the Saxon Tongue Shipton or Town of Ships But others derive it otherwise And therefore not to insist thereon Nam utere tuo Judicio nihil impedio It was Built as some Write 1108 years before the Incarnation of our Saviour In the time of Samuel the Prophet Is in length about 7 Miles and half and about 2 Miles and half in breadth Hath above 500 Streets and Alleys and 15000 Houses within the Walls which may not be accompted above a Sixth part of the whole City The Cathedral Church of St. Paul was Built or begun by Ethelbert King of Kent about Anno Christi 610 and is the only Cathedral of that Name in Europe Besides this there are 130 Parish Churches besides Chappels which is double the number to be found in any other City in Christendom The Ecclesiastical Government OF London is as before mentioned of Cities in General By a Bishop and was in the time of the Britains by an Archbishop but by the Saxons the Archiepiscopal See was removed to Canterbury for the sake of St. Austin who first Preached the Gospel there to the Heathen Saxons and was there buried since which there have been 100 Bishops to the present Bishop there To this Cathedral belongs a Dean a Chapter and 30 Prebendaries maintained in like manner before mentioned in the General Government of Cities The Ecclesiastical Government of Parishes is as before mentioned by a Parson Rector or Vicar To have cure of Souls in every Parish who have a Parsonage or Vicaridge-House and a competent Allowance in Tithes which was anciently besides the Tithes of Tradesmen's gains and mortuaries c. 3 s. 5 d. in the pound Rent which they paid by a Half every Sunday and Holiday Afterwards by 25 Hen. 8. It was ordained and afterwards confirmed by 27 Hen. 8. and 37 Hen. 8. That 2 s. 9 d. in the pound should be paid for the Rent of all Houses Shops c. to the Parson with power to the Lord Major to Imprison any Person should refuse to pay the same The Civil Government OF London is by a chief Magistrate anciently called The Prefect of London In the Saxons time Portegreeve by the Norman's Bailiff or Bailiffs till King Rich. the First Anno 1189 changed the name of Bailiff to Mayor which is now The Lord Mayor and is a Citizen yearly chosen by the Citizens and approved by the King unless sometimes for Disloyalty their
Priviledges and Franchises are taken from them and a Guardian set over them as was done by Hen. the Third and Ed. the First He is usually Knighted by the King before the end of his Mayoralty if he had not that Honour before His and the Sheriffs Tables are open to all comers and for his Grandeur is allowedâ— 1000 l. for his Sword-bearers Table His Domestick attendance is very Honourable and hath Four Officers reputed Esquires by their places viz. The Sword-bearer Common Hunt who keepeth a Kennel of Hounds Common Cryer and the Water Bailiff There is also the Coroner Three Serjeant Carvers Three Serjeants of the Chamber A Serjeant of the Channel Four Yeomen of the Water-side One under Water Bailiff Two Yeomen of the Chamber Three Meat weighers Two Yeomen of the Wood-wharfs most of which have their Servants allowed them and have Liveries for themselves Upon the Death or Demise of the King he is said to be the Prime Person of England On the day of the Kings Coronation he claims to be chief Butler and to bear the Kings Cup amongst the Highest Nobles of the Kingdom His Authority reaches not only over all the City but part of the Suburbs and on the River of Thames Eastward as far as Yendale or Yenleete and Westward as far as Colney Ditch above Stanes Bridge and keeps several Courts in the Counties adjacent to the Thames for Conservation of the River and Punishment of Offenders therein And there are Two Sheriffs of London who are also Sheriffs of the County of Middlesex and are Annually chosen by the Citizens from among themselves in the Guild-hall upon Midsumer day approved by the King and then upon Michaelmas Eve Sworn and presented to the Barons of the Exchequer to be allowed by the Barons and Sworn If the Persons so chosen refuse to hold they incur a Penalty unless they will make Solemn Oath they are not worth 10000 l. Twenty six Aldermen Preside over the 26 Wards of the City When any of these die The Lord Mayor and Aldermen chuse another out of the most substantial Men of the City and if any so chosen refuse to hold he is commonly fined 500 l. All the Aldermen who have been Lord Mayor and the Three eldest who have not yet arrived to that Honour are by their Charter Justices of Peace And this City of London is Camera Regis Reipublicae Cor totius Angliae Epitome To the Lord Mayor and the City of London belong divers Courts of Judicature amongst which the chief is The Court of Hustings DOmus Causarum Hus being in the Saxon Tongue House and Dhing Things It is the Highest Court of London And is holden before the Lord Mayor and Sheriff or now in the Sheriffs absence Six Aldermen which sit in Court there every Tuesday altho' that it may not seem to Vary from the Command of St. Edward the Confessor that it should be holden every Monday it is still written to be holden on the Monday And hath Cognizance of all Pleas Real mixt and Personal For the Rule in the Register is Quodlibet breve quod tangit Liberum Tenementum in London dirigitur Majori sive Custodi Vicecomitibus Et â—lia Brevia tantum Vicecomitibus By Fleta lib. 28 48. It appears that the name or Court is not appropriated to London only for the King hath his Court in Civitatibus Burgis Locis Exemptis sicut in Hustingis London Winton Lincoln Eborum apud Shepway ubi Barones Cives Recordum habent c. One Week the Judges sit upon Pleas Real The next upon Actions mixt or of any other nature So that all Lands Tenements Rents and Services within London and the Liberties and Suburbs thereof are Pleadable at Guild-Hall in two Hustings one called Husting de placito Terrae and the other Husting Commun ' Placitorum And if a Man be impleaded in the Common Pleas of Lands in London The Tenant shall say the Lands are in London and time out of mind c. every one hath been impleaded for them within the City in the Hustings But since Real Actions have grown out of use by trying Titles by Ejectionâ— firmae The ancient Customs and Practise of this Court are much declined The Sheriffs Court in London THe Two Sheriffs keep each of them a Court of Record within the City by Prescription or Custom where they hold Plea of all personal Actions and have belonging to these Courts Two Prisons called Compters the one in Wood-street The other in the Poultry They hold Two Court-days each in every Week That for Wood-street on Wednesdays and Fridays And that for the Poultry Compter on Thursdays and Saturdays In Plaint of Debt the Custom is the Sheriffs Ore Tenus send to the Serjeants to Summon or Attach the Defendant without Warrant and upon Nihil Returned within the City the Serjeants by Commandment from the Sheriff have used to Attach and Arrest the Defendant to have his Body at the next Court before the Sheriff at the Guild-Hall They certifie their Records in that manner but the usual practise is to enter an Action in the Office for that purpose at one of the Compters which Action must be carefully entred for it is the Original of that Court by which you declare and from which there can be no variance And when an Action is entred the Serjeant may Arrest the Defendant and bring him into Custody until he find Bail to answer the Condemnation which Bail is taken by one of the Clerk Sitters at the Compter who constantly attend The Plaintiff ought to declare the first Court after the Defendant is Arrested although further time is usually given Ex gratia Curiae per mot ' But if the Plaintiff have no Attorney the first Court a Non-suit may be had by the Defendant If the Defendant be a Freeman he hath four defaults But they are allowable only in Debt Accompt or Covenant broken and not otherwise If the Defendant be in the Compter he is brought to the Bar by a Duci facias which is but the Sheriffs Mandate made by the Clerk of the Papers They have in each Court a Steward or Judge who is Learned in the Laws and besides their particular Customs their Proceedings are generally according to the Common Law at Westminster But of their particular practise Vide Compleat Sollicitor and others There is also in London a Court of Chancery or Equity held before the Lord Mayor which is commonly called The Court of Conscience WHerein they do proceed by English Bill Answer Replication and Rejoynder much like the Proceedings in the High Court of Chancery And the Custom of London is when a Man is Impleaded before the Sheriff The Mayor may send for the Parties and for the Record upon Suggestion of the Defendant and Examin the Parties upon the Pleas and if it be found upon Examination that the Plaintiff is satisfied The Mayor may award the Plaintiff shall be Barred But by no Custom he
And sometimes the Kings of England have called the Nobles of Ireland to come to the Parliaments of England Coke's 4 Inst 350. And by Special Words the Parliaments of England may bind the Subjects of Ireland Co. 4 Inst ibid. And seeing good Acts of Parliament made in England since the Reign of King John extended not to Ireland unless it were especially named or by General Words included a Right profitable Act was made at a Parliament holden in Ireland Anno 10 Hen. 7. before Sir Edward Poynings then Deputy or Pro-Rex in Ireland and thereupon called Poyning's Law That all Statutes late made in England concerning the publick Weal should be accepted used and executed in Ireland Co. 4 Inst. 351. In what manner a Parliament is to be holden in Ireland and how Bills offered to the Parliament there shall be first Transmitted hither under the Great Seal of that Kingdom and having received Approbation here shall be returned hither to be preferr'd to the Parliament and several Questions and Doubts Resolved concerning this matter Vide Co. 4 Inst 353. By the Statute of 3 Hen. 2. all Persons having Lands Tenements or Offices Ecclesiastical or Temporal shall Reside upon the same and those that have Castles must there reside and repair and fortifie them And if they Depart they must appoint some able to supply their room or the Governour may dispose half their Living to such Defence Co. 4 Inst 356. At a Synod holden by St. Patrick in Ireland it was unanimously agreed That Irish Priests should have Wives Co. 4 Inst 356. There is an Ancient Record concerning Ireland necessary to be Explained In these Words REX Thesaurario Hiberniae Solutem Cum Edwardus primogenitus noster terram Hiberniae habeat teneat de dono nostro cum omnibus pertinentiis suis adeo libere quiete sicut eam in manu nostra teneremus per quod charissima filia nostra Alianora Consors dicti filij nostri Aurum suum tam de finibus quam sponte Oblatis in terra Hiberniae habere Debet sicut charissima Consors nostra Alianora Regina Angliae Aurum suum habet de eisdem in Regno nostro Angliae Vobis mandamus c. quatenus praefat ' Consorti filij nostri praedicti Aurum praedictum de finibus sponte oblatis etiam de quibuscunque aliis finibus praedictis habere facias in forma praedicta Et hoc c. In cujus c. Teste Rege 29 die Februarij Anno 52 Hen. 3. By this Record first it appeareth that as the Law was taken at that Day by Gift of King Henry the Third his Eldest Son Prince Edward was Lord of the Dominion and Lordship of Ireland Secondly That albeit the Wife of Prince Edward was not Queen in Name but had the Effect of it therefore she should have a Duty called Aurum Reginae as well as the Queen of England being but Lady in Ireland For albeit the Kings of Ireland were until the Statute of 33 Hen. 8. styled by the Name of Lords of Ireland yet was he Supremus and absolutè Dominus and had Royal Dominion and Authority and that his Consort was in rei veritate Regina or else she could not have had Aurum Reginae Albeit this Royal Dominion and Land of Ireland was of ancient time permitted to be granted De facto to the King's Sons before-mentioned yet by the Law the King by his Letters Patent could not grant so Royal a Member of his Imperial style to any no more than he could do of the Kingdom of England Co. 4 Inst 357. What was the Duty of Aurum Reginae and when due Vide 4. Coke's Inst 358. At a Parliament holden in Ireland by Howel Duke of Clarence Lieutenant there Anno 40 Edw. 3. called The Statute of Kilkenny The Brehon Law which was the Irish Judges Law is no Law but a Lewd Custom crept in of later times and never was the Law of the Ancient Britains from whom they are descended Co. 4 Inst 358. The Pro-Rex there hath been sometime called Custos Warden Lieutenant Chief Justice Deputy of Ireland Coke's 4 Inst ibid. If an Archbishoprick or Bishoprick in Ireland be void then the Chapter shall Sue to the King in England to go to Election and after Election made they ought upon Certificate thereof made to the King to obtain his Royal Assent to this Election and thereupon a Writ shall be directed out of the Chancery here to the Chief Justice of Ireland or his Lieutenant rehearsing all this matter and commanding him to take Fealty of the Bishop and to restore him to his Temporalties But now the Course is in Ireland to make such Writs there in the Name of the King But the King Names the Archbishops and Bishops there as he doth in England and then the Chapter chuse him whom the King Names and thereupon Writs are made of Course Coke's 4. Institutes 359. And whereas some have Divided this Kingdom into the English Pale and Wild Irish let Oblivion bury it for now all are reduced to Obedience and civil Behaviour◠So as a Man may justly say of the Old Britains Sunt in Bello fortes in Pace fideles And whereas some have said the Crown of England had the Country of Ireland by Donation from the Pope the following Record will manifest the Truth therein Altitonantis Dei largiflua Clementia qui est Rex Regum Dominus Dominantium ego Edgarus Anglorum Basileus omniumque rerum Insularum Oceani qui Britanniam circumjacent cunctarumque Nationum quae infra eam includuntur Imperator Dominus gratias ago ipsi Deo Omnipotenti Regi meo qui meum imperium sic ampliavit exaltavit super regnum patrum meorum Qui licet Monarchiam Totius Angliae adepti sunt à tempore Athelstani qui primus Regum Anglorum omnes Nationes quae Britanniam incolunt sibi armis subegit nullus tamen eorum ultra fines Imperium suum Dilatare aggressus est Mihi tamen concessit propitia Divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferotissimis Regibus usque Norvegiam maximamque partem Hiberniae cum sua Nobilissima Civitate de Dublina Anglorum regno Subjugare quos etiam omnes meis imperiis colla subdere Dei favente gratia Coegi Quapropter ego Christi gloriam laudem in regno meo exaltar◠ejus servicium amplificare devotus deposui Et per meos fideles fautores Dunstanum viz. Archiepiscopum Ayelyolanum ac Oswaldum Archiepiscopos quos mihi patres spirituales consiliatores eligi magna ex parte disposui c. Facta sunt haec Anno Domini 964 Indictione 8. Regni vero Edgari Anglorum Regis 6 in Regia urbe quae ab incolis Ocleayeceastrie nominatur in natale Domini festivitate Sanctorum Innocentium feria 4 c. ✚ Ego Edgar Basileus Anglorum Imperator Regum gentium cum consensu principrim
Man And Spring and Fall there is an Orphans Court in each County to Inspect and Regulate the Affairs of Widows and Orphans The Government of the Natives is by Kings which they call Sachema and those by Succession but always of the Mothers side For Instance the Children of â—im who is now King will not succeed but his Brother by the Mother or the Children of his Sister whose Sons and after them the Children of her Daughters will Reign for no Woman Inherits This they do that their Issue may not be spurious Every King hath his Council and that consists of all the Old and Wise Men and also the Young without which Assembly nothing of moment is undertaken The Justice they have is Pecuniary even for Murther it self And it 's agreed That in all differences between the Natives and English Six of each side shall end the matter The Chief City Philadelphia In the Center of which is a Square of Ten Acres at each Angle is or was intended Houses for publick Affairs as a Meeting House Assembly or State-House c. Mary-Land THis Province is bounded on the North with Pensylvania on the East by De la Ware Bay and the Atlantick Ocean on the South by Virginia from whence it is parted by the River Patowmeck Chesapeack Bay is the passage for Ships both into this Country and Virginia and runs through the Middle of Mary-Land being found Navigable near Two hundred Miles into the Land into which fall divers considerable Rivers The Climate is very agreeable to the English Constitution especially since the clearing of the Ground from Trees and Woods which formerly caused much unhealthfulness neither is the Heat extream in Summer being much qualified by the Cool Winds from Sea and the refreshing Showers and the Winter so Moderate as doth no way Incommode the Inhabitants It is seated between 37 Degrees and 40 Degrees of Northern Latitude and was discovered at the same time with Virginia The Country is generally Plain and Even the Soil rich and fertile Naturally producing all such Commodities as are found in New England as to Fish Fruits Plants Roots c. The chief Trade of the English hither is Tobacco which is not inconsiderable since 100 Sail of Ships have in One Year Traded hither from England and the Neighbouring English Plantations It is divided into Ten Counties in each of which a Court is held every Two Months for little Matters with Appeal to the Provincial Court at St. Maries which is the Principal Town seated on Saint George's River and Beautified with several well Built Houses This Province was granted by Patent to the Right Honourable the Lord Baltimore and to his Heirs and Assigns with many Civil and Military Prerogatives and Jurisdictions as conferring Honours Coyning Money c. paying Yearly as an acknowledgment to His Majesty and Successors Two Indian Arrows at Windsor Castle upon Easter Tuesday The Lord Baltimore hath his Residence when there at Mattapany about 8 Miles distant from St. Maries where he hath a pleasant Seat tho' the General Assemblies and Provincial Courts are kept at St. Maries and for Encouraging People to settle here His Lordship by the Advice of the General Assembly Established a Model of excellent Laws for the Ease and Security of the Inhabitants with Toleration of Religion to all that profess Faith in Christ which hath been a principal Motive to many to Settle here Virginia DIscovered with others by Sebastian Cabott 1497 after was Visited by Sir Francis Drake and called Virginia by Sir Walter Rawleigh in Honour of his Mistress Queen Elizabeth In 1603 some Persons at Bristol by Leave from Sir Walter Rawleigh who had the Propriety thereof made a Voyage hither who Discovered Whitson's Bay in 41 Degrees and afterwards in 1607. Sir John Popham and others settled a Plantation at the Mouth of the River Sagahador the Captain James Davis choosing a small place almost an Island to sit down in where having heard a Sermon and read their Patent and Laws and Built a Fort They Sailed farther Discovering a River the Head whereof they called Fort St. George Captain George Popham being President After the first Discovery Virginia cost no small Pains and Experience before it was brought to perfection with the loss of many English Lives In the Reign of King James the First a Patent was granted to certain Persons at a Corporation who were called The Company of Adventurers of Virginia But upon several Misdemeanors and Miscarriages in 1623 the Patent was made void and hath since been free for all His Majesty's Subjects to Trade to It is scituate South of mary-Mary-Land and hath the Atlantick Ocean on the East The Air is good and Climate agreeable to the English since the clearing it from Woods The Soil very fruitful but Tobacco is their chief Commodity and the Standard whereby all the rest are prized This Country is well Watered with many great and swift Rivers that lose themselves in the Gulph or Bay of Chesapeak which gives Entrance into this Country as well as Mary-Land being a very large and capacious Bay and running up into the Country Northward above 200 Miles The Rivers of most account are James River Navigable 150 Miles York River large and Navigable above 60 Miles and Rapahanok Navigable above 120 Miles Adjoyning to these Rivers are the English settled for the Conveniency of Shipping having several Towns the chief whereof is James Town commodiously seated on James River very neat and well beautified with Brick-Houses where are kept the Courts of Judicature and all publick Offices which concern the Country Next to James is Elizabeth Town well built and seated on the Mouth of a River so called Likewise the Towns of Bermudas Wicornoco and Dales-Gift The Country is Governed by Laws agreeable to those in England for the better observing whereof those parts possessed by the English are divided into the Counties of Caroluck Charles Gloucester Hartford Henrico James New Kent Lancaster Middlesex Nausemund Lower Norfolk Northampton Northumberland Rappohanock the Isle of Wight and York In each of which Counties are held petty Courts every Month from which there may be Appeals to the Quarter Court at James Town The Governour is sent over by the King of England Carolina SO called from the late King Charles the Second is a Colony not long since Established by the English and is that part of Florida adjoyning to Virginia between 29 and 36 Degrees of North Latitude On the East it is washed with the Atlantick Ocean and is bounded on the West with Mare Pacificum or the South-Sea and within these Bounds is contained the most fertile and pleasant parts of Florida which is so much commended by the Spanish Authors Of which a more ample Account cannot be given than what an English Man who Lived and was concerned in the Settlement thereof Delivered in these Words This Province of Carolina was in the Year 1663. Granted by Lett es Patent of His late Majesty King Charles
purpose the Statutes concerning Sewers were made See the Statute of Hen. 6. cap. 6. In which the Commission of Sewers is formed and specified and other Statutes and Coke's 5 Rep. Rooke's Case and 10 Rep. 139 Keightly's Case And this Commission of Sewers is a Court of Record Coke's 6 Rep. 20. Gregorie's Case See Coke's 10 Rep. The Case of Chester Mill Keightly's Case and Case of the Isle of Ely upon the Commissions of Sewers and the several Acts of Parliament concerning the same where you may Read more at large of this matter See before in the Court of Commissioners of Sewers Page 292. To the Court of Commissioners upon the Statute of Bankrupts THE first Statute made against Bankrupts was against Strangers viz. against Lombards who after they had made Obligations to their Creditors suddainly escaped out of the Realm without any Agreement made with them It was therefore Enacted 51 Ed. 3. That if any Merchant of the Company knowledge himself bound in that manner that then the Company shall answer the Debt so that another Merchant which is not of the Company shall not be thereby Grieved or Impeached neither do we find either any Complaint in Parliament or Act of Parliament made against any English Bankrupt until the aforesaid Statute of 34. Hen. 8. when the English Merchant had rioted in three kinds of Costliness viz. Costly Building Costly Dyet and Costly Apparel accompanied with neglect of his Trade and Servants and thereby consumed his Wealth He is called in Latin Decoctor à Decoquendo for consuming his Estate in Riotous and Delicate Living The Law provideth That the Commissioners upon the Statute of Bankrupts ought to have Three qualities viz. Wisdom Honesty and Discretion Which if it be observed it is the best means for the due Execution of the said Statute and the Life of these Laws doth consist in the due Execution thereof And for such Commissioners if any Action shall be brought against them c. for doing of any thing by force of the said Statutes they may plead Generally and not be driven to any Special Pleading Coke's 4 Inst cap. 64. By Stat. 34. Hen. 8. cap. 4. The Lord Chancellor Treasurer c. might take Order with the Bankrupts Bodies Lands and Goods for the payment of their Debts but this was altered by Stat. 13 El. 7. 1 Jac. 15 c. And by the said Statute of 13 El. 7. It is Enacted That if any Person Subject or Denizen exercising Trade doth depart the Realm conceal him or her self take Sanctuary suffer him or her self to be Arrested Outlawed or Imprisoned without just Cause to the Intent to Defraud Creditors being also Subjects born he shall be Deemed a Bankrupt And that the Lord Chancellor or Keeper upon a Complaint in Writing against such Bankrupt may appoint Honest and Discreet Persons to take such Order with the Body of such Bankrupt wheresoever found and also with the Lands as well Copy as Free Hereditaments Annuities Offices Writings Goods Chattels and Debts wheresoever known which the Bankrupt hath in his own Right with his Wife Child or Children or by way of Trust to any Secret use and to cause the said Premisses to be Searched Rented Appraised and Sold for the payment of the Creditors Ratably according to their Debts as in the Discretions of such Commissioners or the most part of them shall be thought fit Such of the Commissioners as Execute the Commission shall upon the Bankrupts request render him an Account and also the Overplus if any be unto him his Executors Administrators or Assigns The Commissioners have Power to Convene before them any Person accused or suspected to have any of the Bankrupts Goods Chattels or Debts or to be Indebted unto him and for Discovery thereof to Examin upon Oath or otherwise as they or the most of them shall think fit The Person refusing to Disclose or Swear or Demanding or Detaining any of the Bankrupts Lands Goods Chattels or Debts not justly shall forfeit the Double By Stat. 1 Jac. 1. cap. 15. Any Creditor shall be received to take his part if he comes in within Four Months after the Commission Sued out and pay his part of the Charge otherwise the Commissioners may proceed to Distribution If any Person be suspected to detain any part of the Bankrupts Estate and do not Appear or send some lawful excuse at next Meeting after warning given him or appearing refuseth to be examined upon Oath The Commissioners by Warrant shall cause him to be Arrested and if he still refuse shall Commit him until he Submit If a Bankrupt grant his Lands or Goods or Transfer his Debts into other Mens names except to his Children upon Marriage they being of Age to consent or upon valuable Consideration the Commissioners may notwithstanding sell them and such sale shall be good By Stat. 21 Jac. 19. In the distribution of the Bankrupts Estate no more respect shall be had unto the Debts upon Judgments Recognizances Specialties with Penalties or the like than to other Debts Another Mans Goods in the Bankrupts Possession and Disposition shall be also distributed by the Commissioners as the Bankrupts own Goods No Purchaser shall be Impeached for this or former Acts unless the Commission be sued forth within Five years after he becomes Bankrupt By Stat. 13 14 Car. 2. cap. 24. None that adventure in the East-India or Guinea Company or put Money into any Stock for Carrying on the Fishing Trade and receive their Dividend in Goods which they Sell or Exchange shall by reason thereof only be lyable to the Statutes of Bankrupt Much more of this matter you may Read in the Statutes above mentioned and other later Statutes concerning Bankrupts at large See before in Court of Commissioners upon the Statute of Bankrupts Page 201. To the Court of Commissioners for Examination of Witnesses THe Commissioners albeit named by the Parties reciprocally ought to stand indifferent and do their utmost endeavour to find out by due Examination the whole Truth and to suppress no part thereof for their Authority is to that end meerly and wholly from the King by force of his Commission There may be Propriety but no Superiority amongst Commissioners Witness Is derived of the Saxon word Weten i. Scire Quia de quibus sciunt â—testari debent Et omne Sacramentum debet esse certae Scientiae In Latin a Witness is called Testis à testando testari est Testimonium perhibere unde Regula juris Plus valet unus oculatus Testis quam auriti decem Testis de visu praeponderat alijs And Oath ought to be accompanied with the fear of God and Service of God for the Advancement of Truth Dominum Deum tuum timebis illi soli servies per nomen illius jurabis Testis falsus non erit impunitus Nocte dieque suum gestat sub pectore Testem Vox simplex nec probationem facit nec praesumptionem inducit Testibus deponentibus in pari numero
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
Court Barons Coke's 2 Inst. 123. Copyhold Lands cannot be transferred but by Surrender into the Hands of the Lord according to the Custom of the Manor Coke's 4 Rep. 25. Copy-hold Cases Severance by the Lord shall not destroy the Estate of the Freeholder ibidem The Grantee having but one single Copyhold cannot hold Court Coke's 5 Rep. 27. Copyhold Cases Underwood and Herbage may by Custom be granted by Copy And when a Copyholder shall alledge Custom and when and how he ought to prescribe See Coke's 4 Rep. 31 32. Copyhold Cases The Attorney in surrendring a Copyhold ought to pursue the Custom strictly Coke's 4 Rep. 76. Comb's Case No Steward or Deputy-Steward of any Leet or Court Baron shall make Benefit to the Value of 12 d. or more by colour of any Grant made of the Profits of such Court in Pain to be disabled to be Steward in any Court and to forfeit 40 l. between King and Prosecutor Stat. 1 Jac. 1.5 Of the Diversity of Customs of Manors and other Matters concerning this Court you may read at large in Coke's 4 Rep. Copyhold Cases Shepherd's Court-keeper's Guide and others If a customary Tenant who is out of the Realm shall not be bound by Nonclaim upon a Fine which is a matter of Record à fortiori he shall not be bound by Nonclaim upon a Descent which is a Matter in Fact Coke's 8 Rep. Sir Richard Letchford's Case See before in The Court Baron Page 235. To the Court of the Coroner STat. 3 H. 7. gives the Coroner a Fee of Thirteen Shillings and Four Pence super visum corporis of the Goods of the Murderer Coke's 2 Inst 176. See in County Court See before in Court of the Coroner Page 237. To the Court of Escheator BY Stat. W. 1. cap. 24. No Seisure can be made of Lands or Tenements into the King's Hands before Office found But if the Sheriff seise Lands by Commandment of the Justices then is the Sheriff excused tho' the Justices therein did Err and if he did of his own Head then had the Party Remedy by Assize against the Sheriff and therefore the Party was required to sue out a Writ to the Justices to certifie if the Seisure were by their Commandment If the Escheator taketh an Office virtute Officii he may seise the Land but if of his own Head he seise the Land without Office that Seisure is colore Officii and an Assise is maintainable against him sic de caeteris Coke's 2 Inst 206 207. Upon the Assise the Party shall recover the Land and double Damages and the Escheator shall be in the grievous Mercy of the King ibid. Where before Stat. 34. E. 3.36 E. 3. and 8 H. 6. the Party grieved by any Office might have had his Travers or Monstrans de droit by Common Law and where he was driven to his Petition and how relieved by those Statutes See Coke's 2 Inst 688. Coke's 4 Rep. 54 55. A Termer could not traverse an Office by the Common Law but if it were found in the Office he might have a Monstrans de droit and so of others that had but Chattels Real Where there is double matter of Record to intitle the King to a Chattel Personal as an Attainder and an Office that the Person attainted was possessed of a House the Office may be Traversed because Chattels Personal are Bona peritura and cannot abide the delay of a Petition Coke's 2 Inst 689. By Stat. Lincoln de Escheatoribus the Escheator cannot seise before Office ibidem Houses and Lands which lie in Livery and whereof there is Profit presently taken the Party by finding the Office is out of Possession But of Rents Commons Advowsons and other Inheritances incorporeal which lie in Grant it is otherwise Coke's 2 Inst. 694. Upon Attainder of Felony the King cannot be Entitled without Office but if a special Office were found that the Husband had nothing but in Right of his Wife there the Heir was not put to his Petition Coke's 1 Rep. 50. Alton Wood's Case Tenant for Life or Years of a Manor shall have an Escheat Coke's 2 Inst 146. See before in The Court of Escheator Page 239. To the Court of Admiralty THERE is a Felony punishable by the Civil Law because it is done upon the High Sea as Pyracy Robbery or Murder whereof the Common Law did take no notice because it could not be tryed by twelve Men. If this Piracy be tryed before the Lord Admiral in the Court of Admiralty according to the Civil Law and the Dilinquent there attainted yet shall it work no Corruption of Blood nor Forfeiture of his Lands otherwise it is if he be Attainted before Commissioners by force of the Stat. 28 Hen. 8. And Pirate cometh from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a Rover at Sea Vide Coke's 1 Inst 391. a. If any Injury Robbery Felony or other Offence be done upon the high Sea Lex terrae extendeth not to it therefore the Admiral hath Conusance thereof and may proceed according to the Marine Law by Imprisonment of the Body and other Proceedings as have been allowed by the Laws of the Realm Coke's 2 Inst 51. The like of things done in a Foreign Kingdom which shall be tryed before the Constable and Marshal ibid. Wreck are such Goods only which are cast and left upon the Land by the Sea Flotsam is when a Ship is sunk or otherwise perished and the Goods float upon the Sea Jetsam is when a Ship is in danger to sink and for lightning the Ship the Goods are cast into the Sea and afterwards notwithstanding the Ship perisheth Lagan or rather Ligan is when the Goods so cast into the Sea and afterwards the Ship perisheth and such Goods so cast are so heavy that they sink to the bottom and the Mariners to the intent to have them again tie to them a Buoy or Cork or such thing which will not sink And none of these are called Wrecks unless by the Sea put upon Land And so Flotsam Jetsam and Lagan being cast upon the Land shall pass by the Grant of Wreck Coke Part 5.106 Vid. Termes del Ley. Wreck of Sea therefore is when the Goods are by the Sea cast upon the Land and so infra Comitatum whereof the Common Law taketh Conusance but the other three are all upon the Sea and therefore of them the Admiral hath Jurisdiction Bracton lib. 3. cap. 3. When Wreck is claimed by Prescription as by Law it may be the Pleading is Bona Wreccata super mare ad terram project ' The Soil upon which the Sea floweth and ebbeth scil between the high Water and low-Water-Mark may be Parcel of the Manor belonging to a Subject and yet resolved in Lacy's Case Trin. 25 Eliz. That when the Sea floweth and hath plenitudinem maris the Admiral shall have Jurisdiction of every thing done upon the Sea between the High-Water-Mark and Low-Water-Mark by the ordinary Course of the Sea as