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
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
Court Baron THe Stile of this Court is Curia Baronis A. B. Militis Manerij sui praedicti having the name of the Manor written in the Margent Tent ' tali die c. coram C.D. Seneschallo ibidem And being calle Barons Court is the same as to say Freeholders Court This Court is incident to every Manor and is of Two natures The First by the Common Law and the Suitors thereof are Judges although the Plea be holden by force of a Writ of Right and this is called a Court Baron and may be holden from Three Weeks to Three Weeks The Second is a Customary Court and that doth concern Copyholderss And therein the Lord or his Steward is Judge And for as much as the Title or Estate of the Copyholder is entred in the Roll whereof the Steward delivereth him a Copy he is therefore called Copyholder And as there can be no Court Baron without Freeholders So no Customary Court without Copyholders And aâ— there may be a Court Baron of Freeholders only and then the Steward is Register So their may be a Customary Court of Copyholders only and then is the Lord or his Steward Judge And when the Court Baron is of this Double Nature The Court Roll containeth matters appertaining to the Court Baron as also to the Customary Court For the Antiquity f this Court it is to be observed That by the Laws and Ordinances of King Alfred and others It appeareth That the First Kings of this Realm had all the Lands of England in Demesne And Les grand Mannors and Royalties they Reserved to themselves and of the Remnant they for the Defence of the Realm Enfeoffed the Barons under which Name are comprised all the Nobility with the like Jurisdiction the Court Baron now hath And this Court was first Instituted for the ease of the Tenants and for the ending of Suits for Debts and Damages under Forty shillings And this Court may be held at any place within the Manor unless a Lord who hath Two or Three Manors hath usually kept at one of them Courts for all the said Manors For the Customs and manner of Proceeding in this Court you may Read more at large in Coke's 1 Inst sect 73. Greenwood of Courts Shepheard's Court-keepers guide c. The Court of the Coroner THe Coroner Coronator is so called because he deals principally with Pleas of the Crown Or Matters concerning the Crown And as appears by the Writ De Coronatore Eligendo he is Eligible by the Freeholders of the County and after he is Elected the Sheriff gives unto him his Oath duly to Execute his Office and being thus Eligible as the Sheriff and Conservators of the Peace were in ancient Times they continue notwithstanding the Demise of the King And of these are Fout in every County But in the Twelve Shires of Wales and Cheshire are but Two and sometimes Six in a County and sometimes but one The Court which he holdeth is a Court of Record And as the Sheriff in his Tourn may Inquire of all Felonies by the Common Law except the Death of Man So the Coroner can Inquire of no Felony but the Death of Man and that super visum Corporis He may also Inquire of the Escape of the Murderer of Treasure Trove Deodands and Wrecks of the Sea Besides his Judicial place he hath also Authority Ministerial as Sheriff c. When there is just Exception to the Sheriff Judicial Process shall be awarded to the Coroner for the Execution of the King's Writs in which case he is Locum tenens Vicecomitis and in some especial Case the King 's Original Writ shall be directed to him In ancient time none might have this Office but a Knight and he must have sufficient Lands within the County whereof he may answer all People But more concerning this matter you may see in Coke's 4 Institutes cap. 59. And besides these General Coroners of Counties there are Special Coroners of Liberties and Priviledged Places who have the like Jurisdiction and Power within those Places as the other have in the County Vide Stat. de Coronatoribus 3 and 4. E. 1. When any person hath Murdered himself or is Felo de se The Coroner goeth to view the Body and maketh out his Warrant to the Bailiffs of the Liberty to Summon a Jury And further For the manner and method of keeping this Court See Greenwood of Courts and others who treat thereupon The Court of Escheators and Commissioners for finding of Offices THis Office is in the Gift of the Lord Treasurer who grants it by Deed and he is to continue in his Office but one year or Once in Three years and are One in every County And this name Escheator cometh from the word Escheata a word of Art derived from the French word Eschear i. e. excidere or accidere to happen and signifies properly when the Lands by accident Fall to the Lord of whom they are Holden And then we say the Fee is Escheated And this Escheat happeneth Aut per defectum Sanguinis For the default of Heir Aut per delictum Tenentis for Felony and by Judgment Three ways Aut quia suspendatur per Collum Quia abjuravit Regnum Aut quia utlagatus est And therefore such as are Hang'd by Martial Law in furore Belli forfeit no Lands He ought to be seised of Forty Marks Land Except in Cities and Counties Palatine In case of Treason or Felony he may find an Office Virtute Officij If he sit by force of a Writ he ought to take the Inquest within a Month after he deliver the Writ and he ought to Return the same within a Month after he taketh it either by Writ or Virtute Officij All Offices found before him or Commissioners ought to be by Oaths of Twelve Men every Juror to have Lands of the yearly value of Forty shillings in the same County and ought to be Indented and one part Sealed by them and the other by him which is to remain with the Foreman of the Jury and they to be taken in good Towns c. He or the Commissioners can take no Inquest of any but such are Returned by the Sheriff If he or the Commissioners deny any Person to give Evidence to any Inquest taken before him he shall forfeit Forty pounds If he or they refuse to take a Verdict of the Inquest they forfeit One hundred pounds to the Party grieved An Office found before Commissioners is as forcible as if it had been found before the Escheator himself The Escheator ought to take no Fee but of the King But if he find an Office by Writ for the King he shall have a Fee of Forty shillings by the Statute of 23 Hen. 6. But if such Lands exceed not in value Five pounds then he shall take but Fifteen shillings And if it be found that Lands are holden of a Subject he ought to take no Fee at all And the Escheators may make Deputies that
Archiepiscoporum meorum hanc meam munificentiam signo meo corroboravi ✚ Ego Alfrye Regina consensi Signo Crueis confirmavi Ego Dunstan Archiepiscopus Dorobor ' Ecclesiae Christi consensi subscripsi ✚ Ege Osticel Archiepiscopus Eboracenses Ecclesiae consensi subscripsi Ego Alferic Dux Ego Buthnod Dux Ego Arigdary Dux And what Ecclesiastical Jurisdiction the Archbishop of Canterbury had in Ireland in ancient time before it was Subject to the Crown of England you may read in Cambden's Britannia p. 735 765. as namely in the Consecration and Confirmation of their Bishops by reason of his Primacy in Ireland Co. 4 Inst 360. King Henry the Second at a Parliament holden at Oxford Created his Son King John King of Ireland But succeeding Kings wrote themselves Domini Hiberniae till 33 Hen. 8 in which year he took upon himself the Style of King of Ireland being so Declared at a Parliament in Dublin Coke's 4 Inst 360. Certain it is that whilst the Liberal Sciences in Europe lay Buried in Darkness their Lustre did shine forth clearly in Ireland Thither did our English Saxons repair as to a Mart of good Literature whence of the Holy Men of those times we often read Amandatus est ad Disciplinam in Hiberniam Co. 4 Inst 360. In the Book of Magna Charta is an Ordinance for Ireland concerning divers Matters Entituled Ordinatio pro statu Terrae Hâ—berniae By the Statute of 17 Ed. 1 cap. 1. The King's Officers in Ireland shall purchase no Land there without the King's License King's Officers in Ireland shall make no Purveyance there but by Writ out of Chancery there or in England and that in time of Necessity only and by the Advice of the Council there All kind of Merchandizes may be Exported out of Ireland except to the King's Enemies and if any Officer restrain them he shall satisfie double Damages to the party grieved and be also punished by the King The Fees for every Bill of Grace in Ireland under the Seal of the Justice there shall be Four pence for the Bill and Two pence for the Writing thereof The Marshals Fee for a Prisoner when he shall be Delivered is Four pence No Pardon of the Death of a Man or other Felony or for flying for the same shall be granted by the Justices there but only at the King's Command and under his Seals No Officers there shall receive any Original Writ which is not Sealed by the Seal of Ireland or by the Exchequer Seal there of things concerning that Court. The Justices of Ireland shall not Delay or Adjourn Assize of Novel disseisin there save only in the County where he is and while he shall remain there By the Statute of 34 Ed. 3.17 all kind of Merchandize may be Exported and Imported out of and into Ireland as well by Aliens as Denizens Persons who have Lands and Possessions in Ireland may freely Import and Export their Commodities thither and from thence without Impeachment By the Statute of 1 Hen. 6.3 all Irish Men shall avoid the Kingdom except Graduates Beneficed Men Lawyers having Inheritance in England and English Parents Religious Persons Professed Merchants Burgesses and other Inhabitants of good Fame and Persons Married in England and all they shall find Surety for their Good Behaviour No Irish Man shall Inhabit here in the Universities or elsewhere without a Testimonial under the Seal of the Lieutenant or Justices of Ireland Testifying that he is of the King's Obeysance to be Delivered to the Chancellor here in pain to be punished as a Rebel No Irishman shall be Head or Governour of any Hall or House By the Statute of 2 Hen. 6.8 Irishmen coming to live in England shall give Surety for their Good Behaviour viz. in the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other Liberties to the Head Officers respectively By the Statute of 16 17 Car. 1.30 an Act for a speedy Contribution and Loan towards the Relief of the King 's Distressed Subjects of the Kingdom of Ireland See the Statutes at large An Act for the Speedy and Effectual reducing of the Rebels in Ireland to their due Obedience to the King and the Crown of England and certain other Additional Acts were made for the same purpose and for the Sale of Forfeited Lands there By the Statute of 32 Car. 2. cap. 2. The Act made 18 Car. 2. Entituled An Act against Importing Cattle from Ireland and other parts beyond the Seas and Fish taken by Foreigners is revived and Power given not only to Constables and Officers but to every Person whatsoever in any place whatsoever to take and seize the Cattle and Goods Imported contrary to the said Act And that such Seizer shall have the Benefit given by this Act. The other Acts concerning Ireland made in England and the divers Acts made in Ireland you may see in the Books of the Statutes of either Kingdom at large The Rule Quando duo jura concurrunt in una persona aequum est acsi in diversis holdeth not in Personal things that is when two Persons are necessarily and inevitably required by Law For no man can now say That the King of England can make War or League with the King of Scotland or King of Ireland c. there being but One Head of both and as Liegance of the Subjects of both Kingdoms is due to their Sovereign by one Law and that is the Law of Nature So there is a Union of Protection of both Kingdoms equally belonging to either of them altho' in other respects they are distinct Kingdoms For and Earl or Baron of Ireland is not a Peer or of the Nobility of this Realm as appeareth by the Book 8 R. 2. where in an Action of Debt Process of Outlawry was awarded against the Earl of Ormond in Ireland which ought not to have been if he had been Noble here But there is a diversity worthy of Observation for the highest and lowest Dignities are Universal For if a King of a Foreign Nation come into England by leave of the King as it ought to be in this case he shall Sue and be Sued by the Name of a King And a Knight shall be so named wheresoever he received that Dignity Co. 7 Rep. Calvin's Case If a King come to a Christian Kingdom by Conquest he having Vitae Necis potestatem may alter the Laws of that Kingdom at his pleasure but until such alteration the Ancient Laws of that Kingdom remain But if a a Christian King Conquer the Kingdom of an Infidel there ipso facto the Laws are abrogated and in that case until certain Laws be established the King by himself and such Judges as he shall appoint shall judge them and their Causes according to Natural Equity in such sort as Kings in ancient time did their Kingdoms before any certain Municipal Laws were given But if a King have a Kingdom by Title of
Certificate of Tenths which ought to have been there inserted That Court shall have power to enter it into the said Original Record to the end it may from thenceforth be chargable therewith By Stat. 32 Hen. 8. cap. 47. The Bishop of Norwich and his Successors shall Collect the Tenths of all Spiritual Promotions within his Diocess notwithstanding the Statute of 27 Hen. 8. not Printed which did Exempt them from the Collection thereof By Stat. 34 and 35. Hen. 8. cap. 17. The Tenâ—hs and Pensions reserved upon the Patents of the Five new Bishops of Chester Gloucester Peterborough Bristol and Oxford shall be paid in the Court of the First fruits and Tenths and not elsewhere But note That the Court was afterward annexed to the Exchequer by divers Acts of Parliament and Patents of Hen. 8. and Queen Mary By Stat. 2 and 3 Ed. 6. cap. 20. The penalty for default of Payments of Tenths shall be the Forfeiture of that only Benefice out of which the same is due notwithstanding the Statute of 26 Hen. 8. cap. 3. By Stat. 7. Ed. 6. cap. 4. The Collectors of Tenths shall before Midsummer next give good Security to save the Bishop harmless against the King The Bishop shall have the last day of May for the payment of Tenths and for making Certificates for such as have refused to pay them notwithstanding the Statute of 26 Hen. 8. cap. 3. If a Benefice be void so that no Tenth can be there received the Bishop upon Certificate shall be discharged thereof and then the King shall have it levied upon the Glebe by way of Seisure The Patent of a Collector of Tenths shall be good no longer than during the continuance of the Grantor in the See By Stat. 1 Eliz. cap. 4. The First-fruits and Tenths restored to the Crown the Statutes prescribing the Grant and Order of them recontinued The Statute of 2 and 3 Philip and Mary by which they were taken away repealed and they shall from henceforth be within the Survey of the Court of Exchequer All Advowsons of Vicaridges incident to any of the Queens Impropriations shall be re-setled in her notwithstanding any Act done by Cardinal Pool or Grant made by Queen Mary saving unto all Persons except such unto whom such Grants have been made their Right and Interest into or out of such Impropriations Pensions and all other yearly Payments shall be paid as before the Act of 2 and 3 Philip and Mary All Persons in Arrear for those Duties shall not be answerable for them to the Queen If an Incumbent continue in the Benefice half a year after the last avoidance and die or be legally ousted before the end of the year He his Executors Administrators or Sureties shall only pay the Fourth part of the First fruits if he live out the year and die or be ousted within Six Months after the year only half the First-fruits shall be paid And if he live out the year and half and die or be ousted within one year only the quarter thereof shall be paid Discharge of First-fruits and Tenths heretofore granted by any of the Queens Predecessors to the Universities or the Colleges in them or to those of Eaton and Winchester shall remain good notwithstanding this Act Also the Dean and Canons of Windsor shall be from henceforth discharged thereof All Grants of Impropriations belonging to the Arch-deaconry of Wells shall remain good notwithstanding this Act yet the said Arch-deaconry and all Spiritual Promotions Assigned to it shall from hence forth pay First-fruits and Tenths All Impropriations and other Profits or Emoluments Ecclesiastical which were formerly within the Survey of the Dutchy Court of Lancaster shall be recontinued notwithstanding this Act or that of 2 and 3 Philip and Mary The Revenues of Hospitals and Schools shall not be charged with the Payment of First fruits or Tenths notwithstanding this Act. By Stat. 28 Hen. 8. cap. 11. The year in which the First-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice In the time of Hen. 8. There were 3 new Courts erected amongst others viz. Those of the Augmentations First-fruits and Tenths and General Surveyors But these were afterwards annexed to the Exchequer by divers Acts of Parliament and Letters Patents of Hen. 8. and Queen Mary Nevertheless in some of these Acts there remains yet somewhat in force As you may see in the Statutes concerning Courts By Stat. 1 Mary Parl. 2.10 The Queen may by her Letters Patents Alter Dissolve or Reduce into one or more the Courts of Augmentations First-fruits and Tenths Wards Surveyors and the Dutchy or may annex any of them together or unto any other Court of Record or erect of the same any other new Court or Courts Provided That nothing in the said Letters Patent to be contained shall charge the Subject otherwise than as he ought to have been charged before the Second day of this Parliament and that the Officers of the said Courts shall not hold Plea but only where the Queen is party against any of her Subjects Provided also That if the Queen shall annex any of the said Courts to the Exchequer all things within the Survey of the said Court or Courts so annexed shall be ordered the Exchequer way saving to all persons their Offices Rents Annuities and Fees to be paid out of any of the Queens Courts where shall be sufficient Revenue to answer the same Vide le Statute To the Court of Ancient Demesne IN the Book of Doomes-day it self it appeareth that it was made in the time of the Conquerour And as Tenants in Ancient Demesne are careful to preserve their Priviledges so the Lord is as careful to preserve his Seigniority and the Tenure of his Tenancy in Ancient Demesne And therefore if the Tenant Levy a Fine or suffer a Recovery in the Court of Common Pleas c. whereby for a time the Land is become Frankfee the Lord by a Writ of Disceit may not only restore himself to his true Seigniority but utterly avoid the Fine and restore his Tenant against the Recovery and his own Fine to the Land again in his former Estate and the Reason thereof is for that the Recovery or Fine was not suffered or Levied before a Competent Judge in the Right Court which ought to have been in the Court of Ancient Demesne And therefore after the Reversal in the Writ of Disceit it is now Tanquam coram non Judice and the Parties to the Fine or Recovery shall be Fined and Imprisoned pro deceptione Curia But if in a Writ of Right Close in Ancient Demesne the Demandant maketh his Protestation to Sue in the nature of Assize of Mortdancester the Tenant Pleads in Abatement of the Writ and the Writ by Judgment is abated the Demandant brings a Writ of false Judgment wherein the Writ is affirmed to be good the Court of Common Pleas shall proceed as the inferiour Court should have done and
altho' that Judgment be given to recover the Land in the Common Pleas yet the Land is not Frank-see but remains Ancient Demesne because the beginning and foundation thereof was in Ancient Demesne They may Levy a Fine in Ancient Demesne which by Custom is said to be a Bar of an Estate Tail but certainly that will not hold If the Tenant remove the Plea for the cause mentioned in the Recordare he may come into the Kings Court and Assign other Cause And Twenty if he hath to maintain the Jurisdiction of the Kings Court Coke's 4 Inst cap. 58. All those Manors which were in the Hands of St. Edw. the Confessor were caused to be Written in Doomes-day Book Sub Titulo Regis and all the Lands holden of the said Manors are held by Tenure of Ancient Demesne And the Tenants shall not be Impleaded out of the said Manors and if they be they may shew the Matter and abate the Writ But if they Answer to the Writ and Judgment be given then the Lands become Frank-fee for ever And Tenants in Ancient Demesne which held their Lands by Soccage That is by Service with the Plow are called Sockmans That is Tenants or Men that hold by Service of the Plow or Plowmen for Sock signifies a Plow Terms del Ley. All the Lands that are in the Kings Hands are Frank-fee and Pleadable at the Common Law F. N. B. 35. The Manor it self and the Demesne Lands within the Manor is Pleadable at Common Law and a Man ought to Sue his Action for the Manor and for the Lands which are Parcel of the Manor at the Common Law and in the Common Pleas F. N. B. 24. But if a Man Sue for Lands holden of the Manor in the Hands of a Free Tenant he ought to Sue the Writ of Droit Close directed to the Lord of the Manor and there he shall make his Protestation to Sue in the same Court the same Writ in the nature of what Writ he will Declare And if false Judgment be given the Tenant or Demandant may Sue a Writ of false Judgment F. N. B. 24. But he who holdeth in Ancient Demesne by Copy of Court Roll at the Will of the Lord who is called Tenant by base Tenure and anciently Tenure in Villenage if he be ousted of his Lands he shall not have this Writ of Droit Close but ought to Sue by Bill in the Court of the Lord of the Manor and shall make Protestation to Sue there in nature of what Writ he will but he shall not have a Writ of false Judgment or other Remedy but to Sue to the Lord by way of Petition F. N. B. fo 26 27. And when the Writ of Droit Glose cometh to the Lord or his Bailiffs he ought to hold a Court and if he will not hold it The Demandant may Sue a Writ out of Chancery commanding him to hold it and thereupon an Attachment directed to the Bailiff returnable in the Kings Bench or Common-Pleas whereupon he shall recover Damages or the like against the Bailiff And if the Lord oust his Tenant that holds in Fee he may have a Writ of Droit Close or an Assize or other Writ at Common Law against the Lord for those Lands F. N. B. 26. No Lands are Ancient Demesne but Lands holden in Soccage And By this Tenure is intended that the Tenants shall do the Service of the Plowâ— viz. To Plow and Till the Lords Lands to Mow the Lords Meadows and such like Services as are for the maintaining of the Kings Sustenance or Victuals and his Subjects And for such Services the Tenants have divers Liberties and Priviledges in Law as to be quit of Toll and Taxes if not charged upon Ancient Demesne To be free from Charges of Knights of Parliament and not to be put on Enquests out of their Manors unless they have other Lands c. And if the Lord Distrein for other Service or Customs than they are used to do they may have a Monstraverunt F. N. B. fo 30 31. The Lord shall not answer to Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlain of the Exchequer whether the Land be Ancient Demesne F. N. B. 35. The Lord shall have a Writ of Disceit against him who levieth a Fine of Demesne Lands and he who is Tenant shall avoid the Fine But if he Release to him in Possession it shall bind F. N. B. 216. Lands in Ancient Demesne may be extended by the Statute de Mercatoribus 13 E. 1. Coke's 2 Inst 397. And upon Statute Staple And general Statutes extend to it Coke's 4 Inst 270. Fine in Ancient Demesne by Custom Bars an Estate Tail Coke's 2 Inst 207 270. The Jurisdiction extends not to personal Actions Coke's 2 Inst 224 270. The Demandant in a Writ of Droit Close cannot remove the Plea out of the Lords Court for any cause c. nor can the Tenant remove the Plea out of the Ancient Demesne if not for Causes which prove the Land to be Frank-fee and not Ancient Demesne And when the Court is removed by Recordare he ought to shew some Special matter to prove the Land to be Frank fee and not Ancient Demesne otherwise the Plea shall be sent back unto the Lords Court But to shew a Fine levied in the Kings Court of the same Land or a Recovery had upon a Praecipe quod Reddat is a good cause to prove the Land to be Frank-fee c. Tenants in Ancient Demesne may make Attorneys Coke's 2 Institutes 700. Ancient Demesne Tryable by Book of Doomes-day Coke's 4 Inst 270. In a Replevin Writ of Mesne Writ of Ward in Accompt against Guardian in Soccage Ancient Demesne is a good Plea for the Appearance and Common Intendment that the Realty doth come in Debate so in Accompt against a Bailiff For it is brought for the Issue and Profits of the Land which is Ancient Demesne which ought to be determined in the Court of Ancient Demesne And in Assize brought by Tenant by Elegit Ancient Demesne is a good Plea For the manner of Proceeding and Tryal See Coke's 5 Rep. 105. Alden's Case 105. If Ancient Demesne be pleaded of a Manor and denied it shall be Tryed by the Record of the Book of Doomes-day in the Exchequer But if Issue be taken that certain Acres are parcel of the Manor which is Ancient Demesne it shall be Tryed by Jury for it cannot be Tryed by the same Book Coke's 9 Rep. 31. Case of the Abbot of Strata Marcella If a Man Levy a Fine of Land in Ancient Demesne to another at Common Law now the Lord shall have a Writ of Disceit against him who levied the Fine and him who is Tenant and thereby he shall make void the Fine and the Conusor shall be restored to the Possession which he hath given by the Fine But if the Conusor after the Fine Release to the Conusee by his Deed being in Possession or by
his Deed confirm his Estate in the Land then the Conusee shall retain and have the Land notwithstanding the Fine be avoided Coke's 10 Rep. 50. Lampet's Case In a Praecipe if one plead That the Manor of D. is Ancient Demesne and the Land in Demand is parcel of the Manor and so Ancient Demesne The Demandant cannot say That the Land in Demand is not Ancient Demesne for the same is the conclusion upon the precedent proposition viz. The first That the Manor is Ancient Demesne The second That the Land in Demand is parcel of the Manor for Sequitur Conclusio super Praemâ—ssis and therefore cannot be denied Coke's 11 Rep. 10. Priddle and Napper's Case The like in Case of Tithes ibid. Neither the Lord of Ancient Demesne Nor of a Court Baron Nor the Sheriff in the County Court when the Plea is holden by Writ of Right Justicies Admeasurement c. are Judges but the Suitors who by the Common Law are the Judges of the Court Coke's 6 Rep. 12. Jentleman's Case The Writ of Droit Close is directed unto the Lord of Ancient Demesne and lieth for these Tenants who hold their Lands by Charter in Fee-simple Fee-Tail for Life or in Dower if any of them be Ousted or Disseized he or his Heir may Sue this Writ F.N.B. 23 c. If any Land in Ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ of Right Close after the Custom of the Manor and that shall be always brought in the Lords Court and thereupon he shall Declare in the Nature of what Writ he will and this Writ shall not be removed but for a great Cause or Non power of the Court Terms del Ley. If the Lord in Ancient Demesne confirm the Estate of the Tenant to hold by certain Service at the Common Law altho' the Estate of the Tenant be not changed nor any Transmutation of the Possession yet the quality of his Estate is changed for the Tenant shall not be afterwards Impleaded by Petit Writ of Droit And the Land by the Confirmation is discharged from the Customs of the Manor Coke's 9 Rep. 140. Beaumont's Case Monstraverunt is a Writ that lieth for Tenants in Ancient Demesne who hold by Free Charter but not those Tenants who hold by Copy of Court Roll Or by the Rod according to the Custom of the Manor at the Will of the Lord. And it is directed to the Lord commanding him not to Distrein his Tenant to do other Service And if the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Justices and all the names of the Tenants shall be put in the Writ although but one of them be grieved F.N.B. 31 32 33 c. The Lord shall not be put to Answer to the Writ of Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlains of the Exchequer whether the Manor be Ancient Demesne And it therefore behoveth the Plaintiff to Sue forth a Writ directed to the Treasurer and Chamberlain for that purpose Fitz. Herb. N. B. fo 31. to 35. If a Lord in another place out of Ancient Demesne Distrein his Tenant to do other Service than he ought He shall have a Writ of Right called Ne injuste Vexes and it is a Writ of Right Patent which shall be Tryed by Battail or Grand Assize Terms del Ley. See before in Court of Ancient Demesne Page 196. To the Court of Commissioners of Sewers SEwers seems to be a Word compounded of two French Words Seoir to Sit and Eau Water for that the Sewers are Commissioners that Sit by Virtue of their Commission and Authority Grounded upon divers Statutes to Enquire of all Nusances and Offences committed by the Stopping of Rivers Erecting of Mills not Repairing of Banks and Bridges c. and to Tax and Rate all whom it may concern for the amending of all defaults which tend to the hindrance of the free passage of the Water through the old and ancient Courses See the Statute of 6 H. 6. cap. 5. and 23 H. 8. cap. 5. for the form of their Commission Commission is as much in the Common Law as Delegate in the Civil and is taken for the Warrant or Letters Patent which all Men using Jurisdiction either Ordinary or Extraordinary have for their Power to hear and determin any Matter or Action Yet this word sometimes extends more largely than to matters of Judgment as the Commission of Purveyors c. And all Commissions are grounded upon the Words in Magna Charta Terrae Legem And have this Clause Facturi quod ad Justitiam pertinet secundum Legem Consuetudinem Angliae And no new Commission can be raised but by Statute Coke's 2 Inst 51 54 57. The King may send his Commission to Repair a Bridge F. N B. 281. Legal Commissions have their due Forms as well as Original Writs and therefore cannot be newr famed without Act of Parliament The like of Oaths Coke's 2 Inst. 478 479. Rumney Marsh in Com. Kanc. containing 24000 Acres Is at this day and long time hath been governed by certain Ancient and equal Laws of Sewers made by a Venerable Justice Henry de Bathe in the Reign of Hen. the 3d from which Laws not only other parts in Kent but all England receive Light and Direction For Example The General Act of 23 Hen. 8. cap. 5. in the Clause which giveth power to the Commissioners to make Statutes Ordinances and Provisions c. necessary and behoveful after the Laws and Customs of Rumney Marsh in the County of Kent or otherwise by any means or ways c. Both the Town and Marsh of Rumney took their name of one Robert Rumney which Robert as it appeareth by the Book of Doomes-day held this Town of Odo Bishop of Baieux wherein he had 13 Burgesses who for their Service at Sea were discharged of all Actions and Customs of Charge except Felony Breach of the Peace and Forestalling The Lord Mayor hath Jurisdiction for the time being for the Conservation and Rule of the Water and River of Thames and the Issues Breaches and Lands over-flowed c. from the Bridge of Stanes unto the Water of Yendal and Medway And in all Commissions touching the Water of Ley The Mayor of London shall be one By Stat. 3 Jac. cap. 14. Sewers that fall into the Thames shall be Subject to the Commission of Sewers Coke's 4 Inst. cap. 62. The Commissioners ought to Tax all who are in danger to be endamaged for the not repairing equally and not he who hath the Land next adjoyning to the River only And Walmesley Justice held and it was not denied by any That if the Owner of the Land were bound by Prescription to Repair the River Bank that yet upon such Commission Awarded the Commissioners ought not to charge him only but ought to Tax all who had Land in danger And to this
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