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A81194 A compendium of the laws and government ecclesiastical, civil and military, of England, Scotland & Ireland and dominions, plantations and territories thereunto belonging, with the maritime power thereof, and jurisdiction of courts therein. Methodically digested under their proper heads. By H.C. sometime of the Inner Temple. Curson, H. (Henry) 1699 (1699) Wing C7686A; ESTC R231895 237,927 672

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the Second in Propriety unto the Right Honourable Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley after Earl of Shaftsbury Sir George Carteret after Lord Carteret Sir John Coleton Knight and Baronet and Sir William Berkley Knight By which Letters Patent the Laws of England are to be in force in Carolina But the Lords Proprietors have power with the Consent of the Inhabitants to make By Laws for the better Government of the said Province so that no Money can be Raised or Law made without the Consent of the Inhabitants or their Representatives They have also power to appoint and impower Governours and other Magistrates to grant Liberty of Conscience make Constitutions c. with many other great Priviledges as by the said Letters Patent will more largely appear And the said Lords Proprietors have there settled a Constitution of Government whereby is Granted Liberty of Conscience and wherein all possible Care is taken for the equal Administration of Justice and for the lasting Security of the Inhabitants both in their Persons and Estates by the Care and Endeavours of the said Lords Proprietors and at their very great Charge Two Colonies have been settled in this Province the one at Albemarle in the most Northerly part the other at Ashley River which is in the Latitude 32 Degrees odd Minutes Care is taken by the Lords Proprietors That no Injustice be done the Natives who are here in perfect Friendship with the English in order to which is established a particular Court of Judicature to Determine all Differences The Lords Proprietors do at present Grant to all Persons that come to Inhabit there several reasonable Advantages to all Conditions of Men and sell their Land to any after the Rate of 50 Pounds for 1000 Acres The manner of Purchasing is The Party seeks out a place to his mind not possessed by any other then applies to the Governovr and Proprietors Deputies who thereupon Issue out their Warrant to the Surveyor General to measure him out a Plantation who making Certificate That he hath Measured out so much Land appointed a Deed is prepar'd of course which is Signed by the Governour and the Lords Proprietors Deputies and the Proprietors Seal affixed to it and Registred which is a good Conveyance in Law of the Land therein mentioned to the Party and his Heirs for ever Thus having Travelled the Main Land of America we must Cross the Seas and take a View of the Islands belonging to the Crown of England in the West Indies The first being Bermudas OR Summers Islands which are a Multitude of Broken Isles some write no less than 400 scituate directly East from Virginia from which they are distant 500 English Miles and 3300 Miles from the City of London so named from John Bermudaz a Spaniard after Summers Islands from the Shipwreck of Sir George Summers there The Island of more Fame and Greatness than all the rest and to which the Name of Bermudaz is most properly ascribed is scituated in the Latitude of 32 Degrees and 30 Min. North. The Air is sound and healthy very agreeable to the English Bodies the Soil as fertile as any well Watered plentiful in Maize of which they have Two Harvests yearly that which is sowed in March being cut in July and what is sowed in August is mowed in December No Venemous Creature is to be found in this Isle nor will Live if brought thither and besides these Advantages it it so fenced about with Rocks and Islets that without knowledge of the Passages a Boat of Ten Tun cannot be brought into the Haven yet with such knowledge there is Entrance for the Greatest Ships The English have since added to these Natural Strengths such Artificial Helps by Block Houses Forts and Bulwarks in convenient places as may give it the Title of Impregnable It was first Discovered rather Accidentally than upon Design by John Bermudas a Spaniard about 1522 and thereupon a Proposition made in the Council of Spain for settling a Plantation therein as a place very convenient for the Spanish Fleet in their Return from the Bay of Mexico by the Streights of Bahama yet was it neglected and without any Inhabitants till the like Accidental coming of Sir George Summers sent to Virginia with some Companies of the English by the Lord De la Ware in 1609 who being Shipwreck'd on this Coast had the Opportunity to survey the Island which he so well liked that he Endeavoured to settle a Plantation in it at his Return in 1612. The first Colony was sent over under Richard More who in Three years Erected 8 or 9 Forts in convenient places which he planted with Ordnance In 1616 a New Supply was sent over under Captain Tucker who apply'd themselves to sowing of Corn setting of Trees brought thither from other parts of America and Planting that gainful Weed Tobacco In 1619. the Business was taken more to Heart and made a Publick Matter many Great Lords and Persons of Honour being interested in● it Captain Butler was sent thither with 500 Men. The Isle was divided into Tribes or Counties a Burrough belonging to each Tribe and the whole reduced to a settled Government both in Church and State according to the Laws of England After this all succeeded so well that in 1623 there were said to be 3000 English and Ten Forts whereon were planted Fifty Pieces of Ordnance their Numbers since increasing daily both by Children born within the Island and Supplies from England All the Isles together represent an Half-Moon and Inclose very good Ports as the Great Sound Harrington Inlet Southampton and Paget's Bay with Dover and Warwick Forts having their Names from the Noble Men who were Undertakers therein The greatest Isle is called St. George five or six Leagues long and almost throughout not above a quarter or half a League broad The Air is almost constantly Clear Except when it Thunders and Lightens is extream Temperate and Healthful few dying of any Disease but Age so that many remove from England hither only to enjoy a long and healthful Life and after having continued there are fearful of Removing out of so pure an Air. The very Spiders here are not Venemous but of divers curious Colours and make their Web so strong that oftentimes small Birds are entangled and caught therein Their Cedar Trees are different from all others and the Wood very sweet In 1685. the Governour hereof was Sir Henry Heydon The Caribee Islands NExt present themselves so called in General because Inhabited by Canibals or Man-eating People at the first Discovery as the word Caribee imports They ly extended from the Coast of Paria to the Isle Porto Rico many in number 27 of them known by proper Names In Nine whereof the English are concerned viz. Barbuda Anguilla Montserrat Dominica St. Vincent Antegoa Mevis or Nevis St. Christophers and Barbadoes And first in Barbuda SCituate in 17 Degrees of North Latitude
will require a whole Treatise 4 Co. Inst 23. The Lords give their Voices from the Puisne Lord Seriatim Content or not Content The Commons give their Votes by Yeas and Noes and if it be doubtful Two are appointed one for the Yeas another for the Noes to number them the Yeas going out and the Noes sitting still as being content with their Condition but at a Committee although of the whole House the Yeas go on one side and the Noes on the other whereby the greatest number will easily appear The Royal Assent to Bills passed both Houses is given in this manner The King Sitting in his Throne of State with his Crown on his Head in his Royal Robes and the Lords in their Robes The Clerk of the Crown Reads the Title of the Bills to which the Clerk of the Parliament according to directions from the King Answers if a publick Bill Le Roy le veut if a private Bill Soit fait comme el est Desire or otherwise Le Royn s'advisera being a absolute Denial in a Civil way If it be a Bill for Money given his Majesty then the Answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut The Bill for the King 's General Pardon hath but one Reading in either House for this Reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same Reason When the Bill for the General Pardon is passed by the King the Answer is thus Les Prelates Seigneurs Communes en ce Parliament Assembles au nom de tous vos autres Sujets remercient tres humblement votre Majeste prient Dieu vous donner en sante bonne Vie longue All Acts of Parliament before the Reign of Hen. 7. were passed and enrolled in Latin or French now in English Most of our ancient Acts of Parliament run in this Stile The King at the Humble Request of the Commons with the Assent of the Prelates Dukes Earls and Barons hath Ordained or Enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth Enact Of latter times it hath been thus Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons Although the words of the Writ for Summoning the Commons is only ad Consentiendum and not ad consilium impendendum as it is in the Writ to the Lords The Adjourments are made in the Lords House by the Lord Chancellor to what other Day or Place the King thinks fit The Prorogations are made in the same manner only a Prorogation makes a Sessions and puts an end to all Bills not passed the Royal Assent At the Dissolution of the Parliament the King commonly comes in Person sending for the House of Commons After Speeches made the Lord Chancellor by the King's Command Declares the Parliament Dissolved The House of Commons is not prorogued or adjourned by the prorogation or adjournment of the Lords House but the Speaker upon signification of the King's pleasure by the assent of the House of Commons doth say This House doth Prorogue or Adjourn it self But when it is Dissolved the House of Commons are sent for up to the Higher House and there the Lord Keeper by the King's Commandment Dissolveth them And it may be observed That as the Parliament cannot begin without the King's presence either in Person or by Representation so it cannot end without Nihil enim tam conveniens est Naturali Aequitati unumquodque Dissolvi eo Ligamine quo ligatum est Coke's 4 Inst 28. The Proceedings and Transactions being referr'd to Authors who have Written thereof at large we shall only mention some remarkable things concerning the same And first Any Lord upon just cause to be absent may make his Proxy but he cannot make it but to a Lord of Parliament And a Commoner may not make a Proxy King John in the Thirteenth year of his Reign sent Embassadours to Admiralius Murmelius Great Emperour of Turkey Sir Thomas Harrington and Sir Ralph Nicholson Knights and Sir Robert of London Clerk Nuncios suos Secretissimos to offer to be of his Religion and become Tributary to him and He and his Subjects would be his Vassals and to hold his Kingdoms of him But that Infidel Great Prince as a thing unworthy of a King to Deny his Religion and betray his Kingdom utterly refused to accept King John the next year surrendred his Kingdoms of England and Ireland to Pope Innocent the Third paying 1000 Marks for them which being afterwards Demanded with Homage by the Pope Anno 40. Ed. 3. In full Parliament it was fully agreed That Answer should be Returned That niether King John nor any for him could put Himself his Realm or People in any Subjection without their Consent And that if the Pope did attempt to gain it by Force they would resist with all their power Rot. Parl. 4.2 Ed. 3. It is Declared in full Parliament That they could not assent to any thing in Parliament that tended to the Disherison of the King or his Crown whereunto they were sworn By the Law and Custom of Parliament when any New thing is Devised they may Answer That they dare not Consent to it without Conference with their Countries Co. 4 Inst 14 34. As every Court of Justice hath Laws and Customs for its directions some by the Common Law some by the Civil Law and Canon Law some by Peculiar Laws or Customs c. so the High Court of Parliament Suis propriis Legibus Consuetudinibus subsistit Informations were preferr'd by the Attorney General against 39 Members of the House of Commons for Departing without the King's License whereof six submitted to their Fines and Edmund Plowden the Learned Lawyer pleaded That he remained continually from the beginning to the end of the Parliament and took a Traverse full of Pregnancy and after his Plea was Sine die per demise le Reigne In the Kings-Bench Upon Petition of Right to the King either in English or in French and the Answer thereunto Fiat Justitia a Writ of Errour may be had directed to the Chief Justice of the Kings-Bench to remove a Record in praesens Parliamen●um An Act of Parliament must have th● Assent of King Lords and Commons but if it want this Threefold Consent it is not an Act but an Ordinance Of Acts of Parliament some be Declaratory of the ancient Law some be Introductory of a New Law and some be of both kinds by addition of greater Penalties or the like In ancient Times all Acts of Parliament were in form of Petitions and for the several Forms of Acts of Parliament see the Prince's Case 8 Co. Rep. 20. The Passing of a Bill doth not make a Sessions but the
pray to God for him c. and this by divers Writers appears to be the practice used by the Primitive Churches And this Punishment if the Crime be not very notorious may by the Canons of the Church of England be commuted to a Pecuniary mulct to the Poor or to some other pious Use Punishments Ecclesiastical peculiar to the Clergy TO the before-mentioned Punishments both Clergy and Laity are subject but there are Punishments to which the Clergy only are liable as first Suspensio ab Officio Is when the Minister for a time is declared unfit to execute the Office of Minister Then Suspensio à Beneficio when the Minister is for a time deprived from the profits of his Benefice and these two Censures are wont to be for smaller Crimes Then Deprivatio à Beneficio is for a greater Crime wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living And Lastly Deprivatio ab Officio when a Minister is for ever deprived of his Orders and this is called Depositio or Degradati●● and is commonly for some heinous Crime deserving Death and is performed by the Bishop in a Solemn manner pulling off from the Criminal his Vestments and other Ensigns of his Order and this in the presence of the Civil Magistrate t● whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a sho●● view of the Ecclesiastical Government The Civil Government c. A Brief Account of the Ecclesiastical Government having been given In the next place we are to Treat of the Civil Government the first great Wheel moved therein by the King and his Privy Council Being The High Court of Parliament BEfore the Conquest called the Great Council of the King consisting of the Great Men of the Kingdom It was also called Magnatum Conventus or Praelatorum Procerumque Consilium and by the Saxons Michel Gemot and Witenage Mote after the Conquest it was called Parliamentum from the French word Parler still consisting of the Great Men of the Nation as some hold until the Reign of Hen. 3. when the Commons also were called The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago so that now this High Court consists of The King who being Caput Principium Finis Parliamenti Sits there as in his Royal Politick Capacity The Lords Spiritual As the Two Archbishops and Bishops being in number about Twenty four who sit there by Succession in respect of their Baronies and to every one of these Ex Debito Justitiae a Writ of Summons is to be directed The Lords Temporal As Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities and were in the Lord Cokes time about 106 now near twice that number And every of these being of full Age Ex Debito Justitiae ought to have a Writ of Summons And The Commons of the Realm being Knights of Shires Citizens of Cities and Burgesses of Burroughs all which are respectively Elected by the Counties Cities and Burroughs and none of them ought to be omitted and these were in number in the Lord Cokes time 493 now about 513 persons Spiritual Assistants are Procuratores Cleri who are so called as by the Writ to the Bishop before mentioned appears to Consult and to Consent but never had Voices as being no Lords of Parliament And by the Treatise De modo tenendi Parliamentum they should appear cum praesentia eorum sit necessaria Temporal Assistants Are all the Judges of the Realm Barons of the Exchequer and of the Coif The King 's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the upper House of Parliament but have no Voice and their Writs differ from the Barons being Quod intersitis nobiscum cum caeteris de concilio nostro super praemissis tractaturi vestrumque Concilium impensuri Romulus Ordained 100 Sena●ours which were afterwards increased to 300 and of that number were our House of Commons in Fortescue's time The Person Summoning is the King or in his Absence the Custos Regni or in his Minority the Protector Regni doth Summon the Parliament which cannot be begun without the Kings Presence either in Person or Representation by Commission under the Great Seal or by a Guardian of England by Letters Patents The manner of Summoning a Parliament is in manner following About 40 days before their time of Sitting the King cum Advisamento Consilij sui Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal Commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to Appear Treat and give their Advice in certain Important Affairs concerning the Church and State c. And the Warrant is per ipsum Regem Concilium And for Summoning the Commons a Writ goeth to the Lord Warden of the Cinque Ports for Election of the Barons of the Cinque Ports who in Law are Burgesses and to every Sheriff in the 52 Counties in England and Wales for the Choice and Election of Knights Citizens and Burgesses within every of their Counties respectively Two Knights for each County Two Citizens for each City and One or Two Burgesses for each Burrough according to Statute Charter or Custom Persons Elected for each County ought to be Milites Notabiles or at leastwise Esquires or Gentlemen fit to be made Knights they ought to be Native Englishmen or at least such as have been Naturalized by Act of Parliament No Alien or Denizen none of the 12 Judges no Sheriff of a County no Ecclesiastical person having Cure of Souls may be a Parliament Man And for Legality of Sitting in Parliament he must be 21 years old All the Members of Parliament both Lords and Commons with their Menial Servants and necessary Goods are Priviledg'd during the time of Parliament Eundo Morando ad proprium redeundo But not from Arrests for Felony Treason or Breach of the Peace If the King do not think fit the Parliament shall Sit at the day of Return of the Writ he may by Writ Patent Prorogue them till another day as was done 1 Eliz. At the day of Meeting of the Parliament The King and by his Direction the Lord Chancellor The Lord Keeper of the Great Seal or some other by the Kings appointment Declares the Causes of Calling the Parliament as in Ed. 3. time Sir Henry Green Lord Chief Justice although the Lord Chancellor were present And when a Bishop is Lord Chancellor he usually takes a Text of Scripture in Latin and Discouses thereupon And when a Judge by way of Oration he Declares the Cause of Calling the Parliament The Lords in their House have power of Judicature The Commons in their House to some purposes have power of Judicature and both together have power of Judicature But this
County of Cambridge which was before within the Diocess of Lincoln And this King Henry the first granted to this new Bishop and his Successors Jura Regalia within the Isle of Ely But the Priory and Convent were by Henry the eighth suppressed and instead thereof a Dean and Prebendaries raised to be the Chapter of the Bishop and a Grammar School for a Master and 24 Scholars This Royal Jurisdiction the Bishop hath by Prescription granted upon the said Grant as well in Pleas of the Crown as in Common Pleas before his Justices of his Liberties and other Matters Vide Coke's 4 Instituets cap. 39. The County Palatine of Pembroke THis was an ancient County Palatine within Wales and the Earl was Comes Palatinus and had Jura Regalia and all things belonging to a County Palatine but the Jurisdiction thereof was taken away by the Statute of 27 Hen. 8. cap. 26. It being then in the King's hands The Franchise of Hexam and Hexamshire THis was sometime parcel of the Possessions of the Archbishop of York and claimed by him to be a County Palatine And at the Parliment 2 Hen. 5. resolved that Hexamshire was a Franchise where the Kings b Writ went not And in the Statute of 33 Hen. 8. It is named a County Palatine but by the Statute of 14 Elizab. cap. 13. It is declared no County Palatine or Franchise Royal The Courts of the Cinque-Ports BY Doomesday-Book it appears that the priviledged Ports were but Three at first viz. Dover Sandwich and Rumney afterward Two more Hastings and Hythe were added to them by the Conqueror And these have several Priviledges as to be free from Burthens and Charges and many others and every of these send Two Burgesses to Parliament by Name of Barons of the Cinque-Ports and although Two more viz. Winchelsey and Rye be added yet they hold their former Names of Cinque-Ports These lying towards France Antiquity provided they might be securely kept for performance whereof they have a Governour by his Office called Lord Wardon of the Cinque-Ports who is Admiral also and hath the Jurisdiction of the Admiralty amongst them He is also Constable of Dover Castel of whose Jurisdiction as Constable vide Stat ' Artic ' super Chartas and Coke's 2 Inst. 556. There is a Diversity between the Principality of Wales the Counties Palatine and the Cinque-Ports For Wales was no part of England but Counties Palatine are parcel of the Realm of England but divided in Jurisdiction and the Cinque-Ports are parcel of the County of Kent and yet Ubi Breve Domini Regis non currit but have not Jura Regalia And therefore regularly no Writ of Error did lye of a Judgment in Wales otherwise it is in the Counties Palatine A. Judgment here of Lands in Wales or in the County Palatine is void but a Judgment given here of Lands in the Cinque-Ports is good if the Priviledge be not pleaded for they are part of the County And in the Cinque-Ports are Divers Courts as first The Court before the Constable of the Castle of Dover And there be other Courts before the Majors and Jurators within the Ports themselves and another called Curia Quinque Portuum apud Shepway If any of the King's Courts write to have a Record in the Cinque-Ports or for doing any thing within the same the Writ is directed Constabulario Castri de Dover Guardiano Quinque Portuum And all Plaints against the Barons of the Cinque-Ports ought to be determined at Shepway before the Warden of the Cinque-Ports And if an Erroneous Judgment be given in the Cinque-Ports before any of the Mayors and Jurats it is to be Redressed before the Constable of Dover at the Court at Shepway which Court was raised by Letters Patents of Edward the First Vide more in Coke's 4 Inst cap. 42. and Records there cited The President and Counsel in the North. THis Counsel was raised by H. 8. by his Commission giving them two Authorities under one Great Seal For the King having suppressed Monasteries of 200 l. per Annum by Act of Parliament 27 H. 8. Insurrection was raised by Lord Hussey and 20800 Men in Lincolnshire whom Charles Brandon Duke of Suffolk appeased and afterwards of 40000 Men more commanded by Sir Robert Aske whom the Duke of Norfolk dispersed and afterwards a Great Commotion was raised in Lancashire Westmorland Cumberland and Northumberland whom the Earl of Derby quieted and divers other Rebellions being raised and overcome and appeased the King intending to suppress the Great Monasteries which he brought to pass in 31 H. 8. for preventing future Dangers By Commission 31 H. 8. gave power of Oyer and Terminer De quibuscunque Congregationibus Transgressionibus Riotis Routis c. per quae Pax c. in Com' Ebor ' Northumberland Westmorland Durham Com' Civitatis Ebor ' Kingston super Hull Newcastle super Tinam gravetur c. secundum Legem c. vel aliter secundum Sanas Discretiones vestras c. Necnon quascunque Actiones Reales seu de Libero Tenemento Personales c. audiend terminand ' But afterwards the said Commission being adjudg'd to be against Law First For that the Clause Secundum Sanas Discretiones vestras being Resolved by the Judges 6 Jacobi primi to be against Law and Secondly the latter Clause was then also so Resolved For that Actions Real and Personal were not to be heard and determined by Commission but Secundum Legem c. to the end their Authority should not be known they procured their Commission should not give them any Authority but wholly to refer to Private Instructions given them not to be Inrolled in any Court whereof King James being informed did give Order their Instruictions should be Inrolled for the Advantage of the Subjects This Commission hath had continuance therefore the Lord Coke thinks it worthy of some Establishment by Parliament Henry the Eighth likewise raised a President and Council for the Western parts but they of Devon and Cornwal opposed it Et sic Commissio illa cito evanuit Likewise no doubt is that there hath been a President and Councl of York De facto but what Jurisdiction they had is the Question But now the Courts are Dissolved the Jurisdiction being taken away by the Statute of 17 Car. 1. cap. 10. The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland THey proceed according to Marsh Law or Borders Law but their Jurisdiction was increased by Statutes and confin'd to Northumberland Cumberland Westmorland and Newcastle upon Tine But since King James was Monarch of both Kingdoms the said Courts are vanished and Hostile Laws on both Sides by Authority of Parliament in either of the Kingdoms are Repealed The Court of Stannaries in the Counties of Devon and Cornwal Is so called à Stanno and the Style of this Court is Magna Curia Domini Regis Ducatus sui Cornubiae apud Crokerenton in Com' Devon ' coram A. B. Custode Stannariae
are in the Possession of the English at this day and intending to begin from the North and proceed South towards the Equinoctial Line The farthest as being North is Newfoundland CAlled also by some Estotiland Scituate between 46 and 53 Degrees North Latitude Hath South Terra Corterialis North the Streights called Fretum Davisij from John Davis an Englishman who endeavoured by the North of America to find a more quick passage to Cathai and China Sebastian Cabot first attempting it Anno 1527. Who is said to be the first discoverer of this Country not then known to be an Island and Sir Martin Frobisher seconded him in 1576 who made three Voyages and called a great Promontory there Queen Elizabeth's Foreland and the Sea runing by it Frobisher's Streights on the other side of these Streights lieth Groenland and not far distant Friesland This Island is Esteemed as big as England The North part being more Inhabited than the South tho' that be fitter for Habitation within 50 Leagues of the Shore is a Bank or Ridge of Ground many Hundred Leagues long in breadth where broadest only 24 About it are certain Islands which Calvert called Baccaloes for the great number of Codfish of which one Man may catch One hundred in an hour the Sea Coasts abounding likewise with Salmons Herring Thornbacks Oysters Muscles with Pearls and the Island with Bears and Foxes After the first discovery the business of Trading thither was laid aside for many years in the mean time the Normans Portugals and Britains of France resorted to it and changed the Names which had been given by the English to the Bays and Promontories but the English not willing to Relinquish their Pretensions in 1583. Sir Humphrey Gilbert took Possession thereof in the Name and by the Commission of Queen Elizabeth forbidding all other Nations to use Fishing and intended to have setled an English Colony there but being Wreckt in his Return the setling of the Colony was discontinued till 1608 when John Guy a Merchant of Bristol in 23 days Sailed from thence to Conception Bay in Newfoundland By Jus Gentium or the Law of Nations whatever wast Country is discovered at the charge of any Prince It is the right of that Prince who was at the charge of the discovery now this Country being among others in that part of America which hath been discovered at the charge of the Kings of England King James the first by Letters Patents Anno Dom. 1623. Granted unto Sir George Calvert afterwards Lord Baltimore part of Newfoundland which was Erected into the Province of Avalon where he setled a Plantation and erected a stately House and Fort at Ferriland where he dwelt sometime which since his Death is descended to the present Lord Baltimore New England WAs first discovered by Sebastian Cabot in 1497 and in 1584 Mr. Philip Amadas and Mr. Arthur Barlow were the first who took Possession of it for Queen Elizabeth The next year Sir Richard Greenvil conveyed an English Colony thither under the Government of Mr. Ralph Lane who continued there till the next year and then returned with Sir Francis Drake into England who is by some accounted the first discoverer thereof It hath New France North and Virginia South North East Norumbegia and South West Novum Belgium on other parts it hath Woods and the Sea-coast Situate between 40 and 41 Degree of North Latitude In the midst of the Temperate Zone yet is the Clime more uncertain as to Heat and Cold than those European Kingdoms which are in the same Latitude The Air is Clear Healthful and agreeable to the English well watered with Rivers having variety of Beasts Tame and Wild with several sorts of Trees and excellent Fruits The Commodities it Yieldeth are Rich Furs Flax Linnen Amber Iron Pitch Tar Cables Masts and Timber to Build Ships with several sorts of Grain wherewith they drive a considerable Trade to Barbadoes and other English Plantations in America supplying them with Flower Bisket Salt Flesh and Fish and in return bring Sugars and other Goods To England they Trade for Stuffs Silks Cloath Iron Brass and other Utensils for their Houses The Weights and Measures are the same with England Though the Planting of this Country by the English was designed by divers yet it lay much neglected till a small Company of Planters under the Command of George Popham and Captain Gilbert were sent over at the charge of Sir John Popham in 1606. to begin a Colony in the Northerly part of this Country but that design in Two years expiring with its Founder soon after some Honourable persons of the West of England commonly called the Council of Plymouth being well informed of several Navigable Rivers and Commodious Havens with other places fit for Traffick and Planting obtained of King James the first a Patent under the Great Seal of all that part of North America called New-England from Forty to Forty eight Degrees of North Latitude In 1612 It was Canton'd and Divided by Grants into many lesser parcels according as Adventurers presented But afterwards for want of good Conduct they were by degrees in a manner destitute of Laws and Government In 1610 One Mr. Robinson a Presbyterian or Independent Preacher and several English then at Leyden in Holland Intreated King James to grant them Liberty under his Royal Authority to place themselves in some part of New-England and obtaining a Patent or Grant they Sailed from Plymouth in England to the Southern parts of New-England there laying a Foundation for a new Colony naming their Town New Plymouth after which things were very prosperously and succesfully carried on in New-England till An. 1636. The Indians committed many Outrages upon the English and Dutch whereupon all the Colonies unamimously falling upon them suppressed them in 1637. The English possess many potent Colonies being since very numerous and powerful and are Governed by Laws of their own making having several Courts of Judicature where they meet once a Month so they be not Repugnant to the Laws of England Every Town sends two Burgesses to their Great and Solemn General Court The Government both Ecclesiastical and Civil is in the Hands of the Independents or Presbyterians The Military part of their Government is by one Major General and three Serjeant Majors to whom belong the 4 Counties of Suffolk Middlesex Essex and Norfolk They have several Towns whereof Boston is the Metropolis likewise Dorchester Cambridge Beautified with two Colleges and many well Built Houses Reading Salem Berwick Fraintree Bristol and many others having most of them Names of some Town in Old England New York FOrmerly named New Netherland being part of that New England which the Dutch once possess'd It was first Discovered by Mr. Hudson and sold presently by him to the Dutch without Authority from his Sovereign the King of England in 1608. The Hollanders in 1614 began to plant it there and called it New Netherlands but Sir Samuel Argall Governour of Virginia routed them after
which they got leave of King James to put in there for Fresh-Water in their passage to Brasile and did not offer to plant till a good while after the English were settled in the Country In 1664. His late Majesty King Charles the Second sent over Four Commissioners to Reduce the Colonies into Bounds that had before Incroached upon each other who Marching with Three Hundred Red-Coats to Manhades or Manhatees took from the Dutch their Chief Town then called New Amsterdam now New York and August 29. Turned out their Governour with a Silver-Leg and all the rest but those who acknowledg'd Subjection to the King of England suffering them to enjoy their Estates and their Houses as before Thirteen days after Sir Robert Carr took the Town and Fort of Aurania and Twelve Days after that the Fort and Town of Arosapha then De la Ware Castle Mann'd with Dutch and Sweeds so that now the English are Masters of Three handsom Towns Three strong Forts and a Castle without the loss of one Man The first Governour of these parts for the King of England was Colonel Nichols one of the Commissioners This Country is blessed with the Richest Soil in all New England I have heard it Reported says an Author That one Bushel of European Wheat hath yielded One Hundred in a Year The Town of New York is well seated both for Trade Security and Pleasure in a small Isle called Manahaten at the Mouth of the Great River Mohegan which is very commodious for Shipping and about Two Leagues broad The Town is large built with Dutch Brick alla Moderna consisting of above Five hundred Houses the meanest not valued under One hundred Pounds To the Land-ward it is encompassed with a Wall of good thickness and Fortified at the Entrance of the River so as to Command any Ship which passeth that way by a Fort called James Fort. It hath a Mayor Aldermen a Sheriff and Justices of Peace for their Magistrates The Inhabitants are most English and Dutch and have a considerable Trade with the Indians for Bever Otter Raccoon Skins with other rich Furrs Likewise for Bear Deer and Elk-Skins and are supply'd with Venison and Fowl in the Winter and Fish in the Summer by the Indians at an easie Rate The Province of New York formerly contained all that Land which lyes in the North parts of America betwixt New England and Mary-Land the Length towards the North is not fully known the Breadth is about 200 Miles The Principal Rivers are Hudson's River Raritan River and De la Ware Bay The chief Islands are Manahaten Island Long Island and Staten Island Manahaten Island so called by the Indians lieth within the Land betwixt 41 and 42 Degrees of North Latitude and is about 14 Miles long and two broad New York is seated on the West of this Island having a small Arm of the Sea which divides it from Long Island on the South Long Island runs Eastward above 100 Miles and is in some places 8 12 or 14. Miles broad Inhabited from one end to the other having an Excellent Soil for all English Grain the Fruits Trees and Herbs very good In May you may see the Woods and Fields so curiously bedeck'd with Roses and a multitude of other delightful Flowers as equal if not excel many Gardens in England There are several Navigable Rivers which run very swift and are well furnished with Variety of Fish as the Land is with all sorts of English Cattle besides Deer Bears Wolves Raccoons Otters and Wild Fowl in abundance Hudson's River runs by New York Northward into the Country toward the Head of which is seated New Albany a place of great Trade with the Indians betwixt which and New York being above 100 Miles distance is as good Corn Land as the World affords It was reduced to his Majesties Obedience by Colonel Nichols and a League of Friendship concluded between the Inhabitants and the Indians by whom they have never been since disturbed but every Man hath sate under his own Vine and hath peaceably Reaped and Enjoyed the Fruits of his own Labours New Jersey IS part of the Province of New Albion afore-mentioned and is Subdivided into East and West Jersey East Jersey lies between 39 and 41 Degrees of North Latitude being about 12 Degrees more to the South than the City of London It is bounded on the South-East by the Main Sea East by that vast Navigable Stream called Hudson's River West by a Line of Division which separates it from West Jersey and North upon the Main Land and extends it self in length on the Sea-Coasts and along Hudson's River 100 Miles and upwards The Proprietors of this Province Anno 1682. Published an Account of the Scituation Conveniences and Product thereof for Incouragement of such who had an Inclination to Settle there Which you may read in Burton's Description of America fol. 99. The Constitutions of this Country were made in the time of John Lord Berkley and Sir George Carteret the late Proprietors thereof in which such Provision hath been made for Liberty in matter of Religion and Property in their Estates that under the Forms thereof this Country hath been considerably increased Pensylvania BY Letters Patent Dated the 4th of March 1680. King Charles the Second in Consideration of the Faithful Service of Sir William Penne Deceased did Grant unto William Penne Esquire Son and Heir of the said Sir William Penne all that Tract of Land called Pensylvania as the same was Bounded on the East by De la Ware River from 12 Miles distance of New-Castle Town unto the 43 Degree of Northern Latitude with other Boundings and Limits therein mentioned And all Powers Preheminence and Jurisdictions necessary for the Government of the said Province And by other Letters Patent Dated April the 2d 1681. did Publish and Declare his Will and Pleasure That all Persons settled or inhabiting within the Limits of the said Province should yield all due Obedience to the said William Penne his Heirs and Assigns as absolute Proprietors and Governours thereof as also to the Deputy or Deputies Agents or Lieutenants Commissioned by him or them Whereupon William Penne taking upon him the Government in a Letter from Philadelphia the then intended Chief City Dated 16 Aug. 1683. giveth a full Description of the Province and the Soil Air Seasons and Produce thereof The Planted part of the Province being cast into six Counties viz. Philadelphia Buckingham Chester New-Castle Kent and Sussex containing then about 4000 Souls Two Assemblies had then been held with such Concord and Dispatch that in Three Weeks time at least Seventy Laws were past And for the Well-Government of the Counties Courts of Justices are Established in every County with proper Officers as Justices Sheriffs Clerks Constables c. Which Courts are held every Two Months but to prevent Law-Suits there are Three Peace-Makers chosen by each County-Court in the Nature of Common Arbitrators to hear and end Differences betwixt Man and