vel Contâ—nuum Regis Concilium This is the Higâ— Watch-Tower wherein the King anâ— his Nobles Counsellors survey all hâ—â— Dominions and sometimes all the Dâ—minions of the World Consulting thâ— Honour Defence Profit and Peace 〈◊〉 his People and their Protection froâ— Violence or Injuries either at home 〈◊〉 from abroad And these Privy Counsellors by the Custom of the Kingdom being part of the Fundamental Laws of England as before is mentioned are such as the King pleaseth to choose and are made without Patent or Grant being only Sworn that according to their Power and Direction they shall truly justly and evenly Counsel and Advise the King in all Matters to be treated in His Majesties Council and shall keep Secret the Kings Council c. And they are so to continue during the Life of the King or during the Kings Pleasure And these Lords of the Privy Council are as it were incorporate with the King in bearing the burthen of his Cares wherefore the Striking in the House or Presence of a Privy Counsellor shall be grievously Fined Conspiring his Death by any within the Cheque-Roll is Felony and Killing any one of them is High Treason And although before the latter end of Henry the Third Quod provisum fuit per Regem Consilium suum Privatum Sigilloque Regis Confirmatum proculdubio Legis habuit vigorem saith Spelman yet at present they take Cognizance of few Matters that may well be determined by the known Laws and Ordinary Court of Justice The President of this Council was sometime called Principalis Conciliarius and sometimes Capitalis Conciliarius and this Office was never granted but by Letters Patent of the Great Seal durante bene placito and is very ancient for John Bishop of Norwich was President of the Council Anno 17 Regiâ— Johannis Dormivit tamen hoc Officium regnante magna Elizabetha The Lord President is said in the Statute of 21 H. 8. cap. 20. to be attending upon the King most Royal Person and the reason oâ— his attendance is for that of latter times he hath used to report to the King the Passages and the State of the Business at the Council Table Next to the President sitteth in Council c. The Lord Privy Seal who besides his Oath of a Privy Counsellor taketh a particular Oath of the Privy Seal which consisteth of four parts First That he justly exercise the Office of Keeper of the King 's Privy Seal to him committed Secondly Not leaving so to do for Affection Love Doubt or Dread of any Person Thirdly That he shall take special regard that the said Privy Seal in all places where he shall go to may be in such substantial wise used and safe kept That no Person without the Kings Special Command or Assent shall Move Seal or Imprint any thing with the same Fourthly Generally he shall observe fulfil and do all and every thing which to the Office of the Keeper of the Kings Privy Seal duly belongeth and appertaineth This is an Office of great Trust and Skill That he put his Seal to no Grant without Warrant nor with Warrant if it be against Law undue or inconvenient but that first he acquaint the King therewith Upon the Lord Privy Seal are attendant four Clerks of the Privy Seal How the Kings Grants Writings and Leases pass the three Seals viz. The Privy Signet the Privy Seal and the Great Seal and the Duties of the Clerk of the Privy Signet and Privy Seal and what Fees shall be paid and where none at all c. and many Articles concerning the passing of the Kings Grant c. you may Read in the Stat. of 27 Hen. 8. This Officer is named in some Statutes Clerk of the Privy Seal in others Garden del Privy Seal and in the Stat. 34 Hen. 8. Lord Privy Seal By Stat. 11. R. 2. cap. 10. It is provided That Letters of the Signet nor of the Kings secret Seal shall be from henceforth sent in Damage or Prejudice of the Realm nor in Disturbance of the Law It appeareth by Writs and Records of Parliament that the High Court of Parliament is resolved to be holden by the King Per advisamentum Consilij sui viz. by advice of his Privy Council Acts and Orders of Parliament for the Privy Council and other things concerning them in the Rolls of Parliament you may Read in the Statutes and Originals at Large mentioned in Cokes 4. Inst. cap. 2. No Loâ—d of Parliament takes any place of Precedency in respect he is a Privy Councellor but under that Degree such place a Privy Councellor shall take as is set down in Serie ordinum tempore Hen. 7. The King by advice of his Privy Council doth publish Proclamations binding to the Subject provided they be not against Statute or Common Law The Privy Councellors sit in order Bareheaded when the King Presides and the lowest declares his Opinion first and the King last declares his Judgment and thereby determins the matter For their Precedency and Place see the Statute of 31 H. 8. directing the same The time and place of holding the Council is wholly at the Kings pleasure which is seldom or never held without the presence of One of The Secretaries of State of which since the latter end of the Reign of H. 8. there have been Two both of equal Authority and both styled Principal Secretaries of State these every day attend upon the King and receive and make dispatch of the Petitions and Desires of the Subjects at home and for Foreign matters The Sectetaries have the Custody of the Kings Seal called the Signet which gives denomination to an Office constantly attending the Court called The Signet Office wherein Four Clerks prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The Four Clerks in Ordinary of the Privy Council are to Read what is brought before the Council and draw up such Orders as the King and Lords shall direct and cause them to be Registred And belonging to the Secretaries is The Paper-Office where all Paper-Writings and publick Matters of State and Transactions of Ministers abroad and what passes the Secretaries is transmitted and kept And now we proceed to The Ecclesiastical Government THe King being Chief Person as being Persona Sacra Mixta cum Sacerdote is the Supream Bishop of England For at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical having both Corona Regni Stola Sacerdotis put upon him He is Patron Paramount of all Ecclesiastical Benefices to whom the last Appeal in Ecclesiastical Affairs is made and who alone hath the Nomination of all Persons for Bishopricks and Chief Dignities and Deaneries and some Prebends in the Church c. And next to the King are the Primates Metropolitans or Archbishops one of Canterbury the other of York each of which have their peculiar Diocess besides a Province of several Diocesses and
Commercij may be with an Infidel Pagan and Idolater and those Leagues are established by Oaths whether the Infidel or Pagan may Swear by False Gods seeing he thereby offendeth the True God by giving Divine Worship to False Gods St. Austin moved by Publicola resolveth That he who taketh the Credit of him that sweareth by False Gods not for any Evil but Good doth not joyn himself that Sin of Swearing by Devils but is partaker of those Lawful Leagues wherein the other keepeth his Faith and Oath But if a Christian should any way induce another to Swear by them herein he should grievously sin And the League in these Cases is warranted by the Word of God Et per Praxin Sanctorum in Sacra Scriptura all incidents thereunto are permitted In ancient time no Ambassador came into this Realm before he had Safe Conduct For as no King can come in without the King's License or Safe Conduct so no Prorex c. which representeth a King's Person can do it For Safe Conducts see the Writs in the Register and the Statute of the 15th 18th and 20th of Henry the 6th with all Incidents thereunto King Henry the 7th that Wise King would not in all his time suffer Lieges Ambassadors of any Foreign King or Prince within his Realm nor he any with them but upon occasion used Ambassadors Every Ambassador ought to have Four Qualities Nuntie sis verax tacitus celer atque fidelis And of him another saith Foederis Orator Pacis via Terminus Irae Semen Amicitiae Belli fuga Litibus hostis The difference between a League and Truce is that a Truce is a Cessation from War for a certain time A League is a perfect striking of Peace It 's said 9 E. 4. That a League between Two Kings without naming of Successors doth not extend to Successors notwithstanding by our Law Rex non intermoritur See more of this and Ambassadors to the Pope and General Councils c. Co. 4 Inst cap. 26. The Court of the King of England IS a Monarchy or Common-wealth within a Monarchy consisting of Ecclesiastical Civil and Military Persons and Government And for The Ecclesiastical Government of the King 's Court. IS a Dean of the King's Chappel chosen by the King and acknowledgeth no Superiour but the King For as the King's Palace is Exempt from all Inferiour Temporal Jurisdiction so is his Chapel from all Spiritual His Fee is 200 l. per Annum and a Table And By the Dean are chosen all other Officers viz. A Sub-Dean or Praecentor Capellae Fee 100 l. Thirty Two Gentlemen of the Chappel whereof Twelve are Priests and one of them is Confessor to the Houshold whose Office is to Read Prayers every Morning to the Family to Visit the Sick to Examine and prepare Communicants to Inform such as desire Advice in any case of Conscience or point of Religion c. The other Twenty Gentlemen called Clerks of the Chappel are with the aforesaid Priests to perform the Office of Divine Service in Praying Singing c. One of these being well skilled â—n Musick is Master of the Children whereof there are Twelve in Ordinaâ—y To instruct them in the Rules and Art of Musick for service of the Chappel Three other of the said Clerks â—re Organists to whom upon Sundays Collardays and other Holydays are â—oyned the Sack-Buts and Cornets beâ—onging to the King 's private Musick Their Fee to each is 70 l. per Annum Four Vergers so called from the Silver Rods they carry in their Hands Also a â—erjeant a Yeoman and a Groom of the Chappel The King hath also his Private Oratory where some of his Chaplains read Divine 8ervice unto him on Working-days every Morning and Evening Twelve principal Feast-Days in the Year are called Offering-Days viz. Christmas Easter Whitsunday and All Saints called Houshold-Days upon which the Besant or Gold to be Offered is delivered to the King by the Lord Steward or some other of the principal Officers then New Years-Day and Twelfth-Day upon the latter of which are offered Gold Frankinsence and Myrrh in several Purses Lastly Candlemass Annunciation Ascension Trinity Sunday St. John Baptist and Michaelmas-Day when only Gold is offer'd These Offerings made by the King to God In Signum Speciale Dominij after Divine Service or at the Offertory he being attended by the Principal of the Nobility with their Collars of the Garter did anciently belong to the Archbishop of Canterbury's Disposal But now are to be Dispos'd by the Dean of the Chappel amongst the Poor The Lord High Almoner who is the Bishop of London for the time being disposeth of the King's Alms and besides all Money allowed by the King hath all Deodands and Bona Felonum de se for that purpose And under him is A Sub-Almoner Two Yeomen and Two Grooms of the Almonry The High Almoner hath no Fee his Sub-Almoner hath Fee 6 l. 6 s. 10 d. The Clerk of the Closet or Confessor to His Majesty who is to attend at the King 's Right Hand during Divine Service to Resolve all Doubts concerning Spiritual Matters to wait on His Majesty in his private Oratory or Closet and his Fee is Twenty Nobles And there is A Keeper of the Closet whose Fee is 5 l. per Annum The King hath also Forty Eight Chaplains in Ordinary besides the Extraordinary who wait by Turns Four every Month. Anciently at Court were Sermons in Lent only and that in the Afternoons in the open Air by Bishops Deans or principal Prebendaries And them also appointed by the Archbishop of Canterbury Now on Ashwednesday in the Morning begins the Dean of the Chapel to Preach on each Wednesday after one of the Chaplains Every Friday the Dean of some Cathedral or Collegiate Church On Good Friday the Dean of Westminster on every Sunday a Bishop and on Palm Sunday an Archbishop On Easter-day the Lord High Almoner The Civil Government of the King 's Court. THe Lord Steward is the Chief Officer of the King's Houshold to whom is committed the State of the King's House and all his Commands in Court to be obey'd He hath Authority over all except those of his Majesties Chappel Chamber and Stable He is a White Staff Officer and by his Office without any other Commission Judgeth of all Treasons Felonies Bloodsheds within the King's House or within the Verge which is 12 Miles round the Tunnel of the Court only London by Charter is Exempted And this Jurisdiction of the Verge hath from ancient time been executed by the Lord Steward with great Ceremomony in the nature of a peculiar King's Bench and that not only within but without the King's Dominions The Lord Chamberlain is the next Officer who hath Oversight of all the Officers belonging to the King's Chamber except the Precincts of the King's Bed Chamber which is wholly under the Groom of the Stole and all above Stairs who are all Sworn by him Or by his Warrant to the Gentlemen Ushers to the King
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 Degradatiâ—â— 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 tâ— whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a shoâ—â— 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 Senaâ—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
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 Parliamenâ—um An Act of Parliament must have thâ— 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
be called the Starred Chamber because Crimina Stellionat ' was there handled Others of the Saxon word Steeran to Steer or Rule as doth the Pilot because this Court did steer and govern the Commonwealth Others because it is full of Windows But the true cause of the Name was because the Roof was starred This Court sate twice a Week in Term-time viz. on Wednesdays and Fridays except either of those Days fell out to be the first or last Day of the Term then it sate not but was constantly held the next Day after Term ended But if any Cause was begun to be heard in Term-time and for length or difficulty could not be sentenced within the Term it was continued and sentenced after the Term. Divers Acts of Parliament gave Jurisdiction to this Court for to punish horrible and enormous Crimes and other exorbitant Offences in Great Men but ordinary Offences and such as may be sufficiently punished by the proceedings of the Common Law this Court left to the ordinary Courts of Justice The proceeding in this Court wasby Bill or Information by Examination of the Defendant upon Interrogatories and by Examination of Witnesses and rarely Ore tenus upon the Confession of the party in Writing under his Hand which he again must confess freely in open Court upon which Confession the Court did proceed But if the Confession was set down too short or otherwise than he meant he might deny it and then they could not proceed against him but by Bill or Information which was the fairest way The Informations Bills Answers Replications c. and Interrogatories were in English Engrossed in Parchment and Filed up All the Writs and Process of the Court were under the Great-Seal The Sentences Decrees and Acts of this Court were Ingrossed in a fair Book with the Names of the Lords and others of the King's Council and Justices that were present and gave their Voices In the 28th year of the Reign of Edward the Third it appeareth that the Retorns Coram nobis are in three manners 1 Coram nobis in Camera which was afterwards called Camera stellata 2. Coram nobis ubicunque fucrimus in Anglia which is the Kings-Bench And 3. Coram nobis in Cancellaria By the Statute of 3 Hen. 7. the Letter whereof followeth It was Ordained That the Chancellor and Treasurer of England and the Keeper of the King 's Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings most Honourable Privy Council and the two Chief Justices of the Kings-Bench and Common-Pleas for the time being or other two Justices in their absence upon Bill or Information put to the said Lord Chancellor or any other against any person for unlawful Maintenance giving of Liveries Signs and Tokens and Retainers by Indentures Promises Oaths Writings or otherwise Imbraceries of his Subjects Untrue demeaning of Sheriffs in making of Pannels and other untrue Returns by taking of Money by Injuries by great Riots and unlawful Assemblies have Authority to call before them by Writ or Privy Seal the said Misdoers and they and others by their Discretion by whom the Truth may be known to Examine and such as they find therein Defective to punish them after their Demerits after the Form and Effect of Statutes thereof made in like manner and form as they should and ought to be punished if they were thereof Convict after the due Order of Law Camerae Stellatae authoritatem prudentissimus Princeps Henricus Septimus ita Parliamentaria adauxit Constabilivit nonnulli primum instituisse falso opinantur But the Act of 3. Hen. 7. did not raise a New Court for there was a Court of Star Chamber before and all the Kings Privy Council Judges of the same But By the Statute of 16 17. Car. 1. cap. 10. this Court is absolutely Dissolved The Court for Redress of Delays of Judgments in the Kings great Courts THis Court is raised by the Statute of 14. E. 3. which followeth in these words Item Because divers Mischiefs have hapned of late that in divers places as well in the Chancery as in the Kings-Bench the Common-Bench and in the Exchequer before the Justices assigned and other Justices to hear and determine matters the Judgments have been delayed sometimes by Difficulty sometimes by divers Opinions of the Judges and sometimes for some other Cause It is assented established and accorded That from henceforth at every Parliament shall be chosen a Prelate two Earls and two Barons which shall have Commission and Power of the King to hear by Petition delivered unto them the Complaints of those that will complain to them of such Delays and Grievances made and they shall have power to come before them at Westminster or elswhere where the places or any of them shall be the Tenour of Records and Processes of such Judgments so delayed and to cause the same Justices to come before them which shall be then present to hear their cause and reasons of such delays which Cause and Reasons so heard by Good Advice of themselves the Chancellor Treasurer the Justices of the one Bench and of the other and other of the King's Counsel as many and such as shall seem convenient shall proceed to take a good Accord and make a good Judgment and according to the same Accord so taken the Tenor of the same Accord together with the Judgment which shall be Accorded shall be remanded before the Justices before whom the Plea did depend and that they shall give Judgment according to the same accord and in case it seems to them that the Difficulty be great that it may not well be determined without Assent of the Parliament that the said Tenor or Tenors shall be brought by the said Prelate Earls and Barons in the next Parliament and there shall be a final Accord taken what Judgment ought to be given in this case and according to this Accord it shall be commanded to the Judges before whom the Plea did depend that they shall proceed to give Judgment without delay Before the making of this Statute delay of Judgments was forbidden both by the Common Law and by Acts of Parliament By the Common Law 1. It is required That Plena celeris Justitia fiat partibus c. not plena alone nor celeris alone but both plena celeris All Writs of Praecipe quod reddat are Quod juste sine dilatione reddat c. All Judicial Writs are Sine dilatione c. 2. There did and yet doth lye a Writ De procedendo ad judicium when the Justices or Judges of any Court of Record or not of Record delayed the party Plaintiff or Defendant Demandant or Tenant and would not give Judgment and thereupon an Alias Plur and an Attachment c. doth lye And the Words of the Writ be Quia redditis Judicij loquelae quae est coram vobis c. de quadam transgressione eidem A. perpraefat B. illata ut
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such
upon a Pain c. to answer c. contrary to the ordinary Course of the Common Law Whereunto the King answered That such Writs should not be granted without Necessity Anno 3 Hen. 5. the Commons petitioned That all Writs of Subpaena and Certis de Causis going out of the Chancery and the Exchequer might be Inrolled and not Granted of matters determinable at the Common Law on Pain of Forty Pounds The King's Answer was That he would be advised See before in Court of Equity in the Exchequer-Chamber Page 141. The Court of First Fruits and Tenths Ecclesiastical A Court of First-fruits and Tenths was raised by Stat. 32 Hen. 8. Cap. 45. Officers constituted of Chancellor Treasurer King's Attorney Two Auditors and Two Clerks Authority given them to compound for First-fruits Bonds taken therefore should be of like force as a Statute-Staple But this Court was dissolved by Queen Mary Parl. 1. Sess 2. Cap. 10. These were granted to the Crown by the Stat. of 26 H. 8. Cap. 3. But all the Clergy were Exonerated and Discharged thereof afterwards Anno 2 3 Philip and Mary Cap. 4. The Statute of 26 Hen. 8. revived and First-fruits and Tenths of the Clergy reunited to the Crown Anno 1 Eliz. Cap. 4. But no Court is revived but First-fruits and Tenths to be within the Rule Survey and Government of the Exchequer and created a new Office and Officer viz. a Remembrancer of the First-fruits and Tenths of the Clergy who taketh all Compositions for the said First-fruits and Tenths and maketh Process against such as pay not the same First-fruits or Annates Primitiae are the First-fruits after Avoidance of every Spiritual Living for one whole Year except Vicaridges not exceeding Ten Pounds and Parsonages not exceeding Ten Marks but all are to pay Tenths Ecclesiastical Livings were sometimes valued by a Book of Taxation made in 20 E. 1. which remaineth in the Exchequer and by another Taxation in 26 Hen. 8. which also remaineth in that Court. And according to that latter Taxation are the Values of Ecclesiastical Livings computed for the First fruits and Tenths What is of Record concerning First-fruits we will thus briefly relate 2 Ed. 3. Rot. Claus m. 4. The King forbiddeth H. P. the Pope's Nuncio to Collect First-fruits c. Parl. 1. R. 3. N. 66. That the Pope's Collector be willed no longer to gather the First-fruits of Benefices within this Realm being a very Novelty and that no Person do any longer pay them Rot. Par. 4 Rich. 2. Nu. 44. The Commons do petition that Provision may be made against the Pope's Collector for Levying the First-fruits of Ecclesiastical Dignities within the Realm The Answer of the King in Parliament is There shall be granted a Prohibition in all such Cases where the Pope's Collectors shall attempt any such Novelties For note They were not so ancient with us as is pretended Rot. Par. 6 R. 2. Nu. 50. Upon Complaint made by the Commons in Parliament The King willeth that Prohibitions be granted to the Pope's Collectors for receiving of First-fruits 6 Hen. 4. Cap. 1. Against First-fruits by Archbishops and Bishops to the Pope terming it an horrible Mischief and damnable Custom Rot. Par. 9 Hen. 4. Nu. 43. It is Enacted That the Pope's Collectors should not from thenceforth levy any Money within the Realm for First-fruits of any Ecclesiastical Dignity by any Provision from Rome upon Pain of the Statute of Provisors but this is omitted out of the Print of 9 Hen. 4. Cap. 8. 19 E. 3. Tit. Jurisdiction 22. The Bishop of Norwich had by Prescription time out of mind First-fruits within his Diocesse of all Churches after every Avoidance But these also were given to the Crown by the Statute of 26 Hen. 8. Cap. 3. Tenths Ecclesiastical Decimae these are the Tenth part of the Value of all Ecclesiastical Livings yearly payable to the King his Heirs and Successors by the said Satute of 26 Hen. 8. and 1 Eliz. to be valued as is abovesaid These the Pope as the Canonists hold pretended to have De Jure Divino as due to the High Priest by pretext of these Words Praecipe Levitis atque denuncia cum acceperitis à filiis Israel Decimas quas dedi vobis Primitias earum offerte Domino id est decimam partem decimae ut reputetur vobis in Oblationem Primitiarum tam de areis quam de torcularibus universis quorum accipietis Primitias offerte Domino date ea Aaron Sacerdoti But the Parliaments in 25 Hen. 8. and 26 Hen. 8. were not of Opinion that these Tenths did belong to the Bishop of Rome as by the several Preamambles thereof appeareth which we have added for that we have endeavoured to shew as the Lord Coke saith the several Claims and Pretences of every thing whereof we have treated And King Philip and Queen Mary yielded not these Tenths to the Pope but as hath been said by Authority of Parliament discharged the Clergy thereof Which they would never have done if they had taken them to be due to the Pope de Jure Divino And the Bishop of Norwich could not have prescribed to have First-fruits within his Diocesse if they had been due to the Pope de Jure Divino and the rather for that Anthony de Beck for whom the Prescription was made was a Retainer to the Court of Rome made Bishop of Norwich by the Pope See the Statutes at large and Coke's 4 Inst Cap. 14. By Statute 26 Hen. 8. Cap. 17. Farmers of Spiritual Persons shall not be compelled to pay First-fruits and Tenths for their Lessors By the Statute of 27 Hen. 8. Cap. 8. Every Spiritual Person at his Entry into Specialty for the Payment of his First-fruits shall have Deduction of the Tenth part thereof in respect of the Tenth which shall be by him payable that year Where the last Incumbent leaves the Tenth unpaid the Successor may Distrain the said Incumbents Goods found upon the Benefice and keep them until the Incumbent if Living or if Dead his Executors Administrators or other Owner of the said Goods shall satisfie the Arrears which if not done within 12 days the Goods may be Appraised upon Oath and Sold for the satisfying thereof together with reasonable Costs and in Case there be no Distress the Successor may prosecute the Incumbent if Living or if Dead his Executors Administrators or other Owner of his Goods by Bill in Chancery or Action of Debt for the Recovery of the same By Stat. 32 Hen. 8. cap. 22. If a Bishop or any of his Deputies will make Oath that they cannot Levy a Tenth they shall be discharged thereof upon their Account in the Exchequer which Court shall also have Power to Examin the Truth thereof by Witnesses or otherwise and also to Issue out Commissions and to receive Certificates for that purpose If it be Certified into the Exchequer by Commission or otherwise that any Spiritual Promotion is omitted out of the Original
308 Civil Government of the King's Court 312 Compting-House 314 Court of Green-Cloth 315 The Knight Marshal 320 Court of the Marshalsea 321 Court of the Palace 322 Court of the Lord Steward Treasurer and Comptroller of the King's Houshlod concerning Felony c. 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea 325 King 's great Wardrobe 332 The Office of the Tents 335 The Office of the Robes ibid. Military Government in the King's Court 338 The Band of Pensioners 339 The Yeomen of the Guard 340 Court of the Queen of England Government of the Queen's Court 341 Ecclesiastical Government of the Queen's Court 341 Civil Government of the Queens Court 342 Officers of the Robes ibid. Government of Cities Government f Cities 34â— Ecclesiastical Government of Cities 344 Civil Government of Cities 345 City of London 34â— The Ecclesiastical Government of London 347 The Civil Government of London 34â— Court of Hustings 351 Sheriffs Court in London 352 Court of Conscience 354 Court of the Mayor and Aldermen 356 Court of Orphans 356 Court of Common Council 357 Court of Wardmote Inquest 358 Court of Halmote ibid. Chamberlain 's Court for Apprentices 359 Court of the Conservators of the Water and River of Thames 360 Court of the Coroner in London ibid. Court of the Escheator in London ibid. Court of Policies and Assurances 361 Military Government of London 363 Tower of London 365 Office of the Ordnance 368 Office of the Warden of the Mint 373 Office of Records in the Tower 375 St. Katherine's 378 Bridge ibid. Custom House 379 General Post-Office 381 Law Study 383 Inns of Chancery ibid. Inns of Court 384 Mootings in the Inns of Court 388 Mootings in the Inns of Chancery 390 Keeping Christmas in the Inns of Court ibid. Manner of holding Parliaments in the Inns of Court 392 Serjeants Inns ibid. Call or Creation of Serjeants 393 The Judges 394 Colledge of Civilians in London 396 Colledge of Physicians in London 400 Gresham Colledge in London 402 Sion Colledge in London 40â— Chartreux in London 40â— Schools in London 40â— Southwark ibid City of Westminster 40â— City of Norwich 41â— Government of the Two Universitieâ— The two Universities in England 41â— Oxford ibid Cambridge 42â— Government of Boroughs Government of Boroughs is England 43â— Government of Villages Government of Villages in England 43â— Ecclesiastical Government of Villages 43â— Civil Government of Villages ibid Islands adjacent to England Islands adjacent unto England 43â— Isle of Man ibid Anglesey 43â— Jersey olim Caesarea 437 Guernsey olim Servia ibid Insula Vectis or Vecta 43â— Sorlings 44â— Island Lindisfarne 44â— The Government of Scotland Scotland 445 The Islands near Scotland The Lesser Islands near Scotland 459 Orcades ibid. Schetland ibid. Hebrides 460 The Government of Ireland Ireland 463 English Plantations in Asia English Plantations in Asia 491 Bantan ibid. Bombaine ibid. English Colonies in Africa English Colonies in Africa 492 Guinea ibid. Tangier ibid. English Plantations in America 492 Newfoundland 494 New England 496 New York 500 New Jersey 504 Pensylvania 505 Mariland 507 Virginia 510 Carolina 512 Bermudas 515 Caribee Islands 519 Barbuda ibid. Anguilla 520 Montserrat 521 Dominica 522 St. Vincent 523 Antegoa 524 Mevis or Nevis ibid. St. Christophers 526 Barbadoes 527 Jamaica 530 See the Alphabetical Table at the End of the Book Finis Tabulae OF GOVERNMENTS c. The Original of Governments OF GOVERNMENTS there can be but Three kinds viz. One or More or All must have the Sovereign Power of a Nation If one then it is a Monarchy If more as an Assembly of Choice Persons then it is Aristocracy if All that is a General Assembly of the People then it is a Democracy And now in course we are first to speak of The Monarchical Government which as most resembling the Divinity and approaching nearest to Perfection being esteemed the most Excellent is of two sorts Regal and Political The first sort Monarchy Regal was begun by Nimrod who after the World began to increase got unto himself a Dominion over others and yet in Scripture he is not called a King but a Mighty Hunter before the Lord So Belus did subdue the Assyrians and Ninus the most part of Asia and so did the Romans usurp the Empire of the World And thus having set forth the beginning of the Regal Government of Kingdoms which Law Regal was no other thing but the Pleasure of the Prince as in the First of Kings you may read more at large We will now as being more for our purpose declare how Kingdoms of Political Government were first begun which we may term Monarchy Political St. Augustine in the 19th Book De Civitate Dei saith Aâ— People is a Multitude of Men associated by the Consent of Law and Communion of Wealth And yet such a People without a Head is not worthy to be called 〈◊〉 Body as in Natural things the Head cut off is not called a Body but a Trunk Wherefore Aristotle in his Civil Philosophy saith Whensoever One is made of Many among the same One shall be the Ruler and the other shall be the Ruleâ— And this Ruler thus raised and appointed in Kingdoms is called a King from the Saxon word Koning intimating Power and Knowledge wherewith every Sovereign ought especially to be Invested And thus of a Multitude of People ariseth a Kingdom which is a Body Mystical And in this Body Mystical or Political the Intent of the People like Blood in the Natural Body is the first lively thing that is Politick provision for the Utility and Wealth of the same People which is imparted to the Head and members of the same Body whereby it is Nourished and Maintained and by the Law which cometh from Ligando of Binding this Mystical Body is knit and preserv'd together and the Members and Parts thereof as the Natural Body by Sinews do every one retain their proper Functions And as the Head of a Natural Body cannot change his Sinews nor withhold from his Inferiour Members their peculiar Powers of Nourishments no more can a King which is the Head of the Body Politick change the Laws of that Body or withdraw from the said People their proper Substance against their Wills And therefore it now follows that we speak somewhat of the Fundamentals of laws in General and then descend to the particular Fundamentals of the Laws of England and afterwards briefly declare the Executive Powers of the same And first of Laws in General WHich are Four that more properly belong to this our Business viz. The Law Enternal The Law of Nations Divine Law and Human Law The Law Eternal LEx Aeterna is the Reason of the Divine Will whereby God will â—ave all things of him Created to be moved and directed to a good End and it is called The first Law and all other Laws are derived from it And this Law Eternal none may be able to
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
Sessions continueth till a Prorogation or Dissolution And the difference between an Adjournment and Prorogation is that after an Adjornment all things stand as they did before but after a Prorogation alâ— former proceedings not passed the Royal assent are made null and void When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgmenâ— given then it is no Sessions but a Convention Co. 4 Inst 28. A Bill was preferred An. 6 Hen. 6. that none should Marry the Queen Dowager of England without license and assent of the King on pain to lose all his Goods and Lands The Bishops and Clergy assented by content so far as the same swerved not from the Law of God or of the Church and so far as the same imported no deadly Sin The Act of Parliament is holden good and absolute for that the assent of the Clergy could not be conditionally neither was it against the Law of God c. as appears by Magna Charta cap. 7. Confirmed by 32 Acts of Parliament Co. 4 Inst fo 35. Of this Court it is said Si Antiquitatatem spectes est Vetustissima si Dignitatatem est Honoratissima si Jurisdictionem est Capacissima Fortescue Huic nec metas rerum nec tempora pono Virgil. King Henry the Eighth commanded Thomas Earl of Essex to attend the Chief Justices and know Whether a Man that was forth-coming might be attainted of Treason by Parliament and never called to answer The Judges answered It was a dangerous Question and that the High Court of Parliament ought to give Examples to Inferiour Courts for proceeding according to Justice and no Inferiour Court could do the like and they thought the High Court of Parliament would never do it But being by express Commandment of the King pressed by the said Earl to give a Direct Answer they said That if he be attainted by Parliament it could not come in question afterwards whether he were called or not called to Answer which was according to Law Altho' they might have made better Answer since by Magna Charta no Man ought to be condemned without being called to answer But Facta tenent multa quafieri prohibentur By ancient Law when any one was to be charged in Parliament with any Crime Offence or Misdemeanour The King's Writ was directed to the Sheriff to summon and enjoyn the Party to appear before the King in the next Parliament or otherwise it may be directed to the party himself as appean by the Writs King Henry the Eighth being in Convocation ackowledged Supream Head of the Church of England thought it no difficult matter to have it confirmed by Parliament but was secretly desirous to have the Impugners of it incur High Treason but having little hope to effect that concerning High Treason sought to have it pass in some other Act by words closely couch'd and therefore in the Act for Recognition of his Supremacy the Title and Style thereof is annexed to the Crown Afterwards by another Act whereby many Offences are made High Treason It is amongst other things Enacted That if any person or persons by Word or Writing Practise or Attempt to deprive the King or Queen or their Heirs apparent of their Dignity Title or Name of their Royal Estates should be adjudged Traytors Whereupon many were put to death The Will of Richard the Second whereby he gives Money Treasure c. to his Successors upon condition that they observe the Ordinances and Acts made at the Parliament in the 21th year of â—is Reign is adjudged void it being in â—estraint of the Sovereign Liberty of his Successors And it is a certain Maxim That Leges posteriores priores â—ontrarias abrogant The Acts of Parliament or Petition of Right may be Inrolled in any or all â—ther Courts of Record Every Member ought to come or â—e may be Fined and the Sheriff if he â—ake not due Return of all Writs may â—e punished King Henry the Eighth projected in Parliament No King or his Kingdom could be safe without Three Abilities First To be able to Live of his own and to be able to defend his own Kingdom Secondly To assist his Confederates else they would not assist him Thirdly To reward his well deserving Servants Now the Project was That if the Parliament would give all Priories Monasteries c That for Ever in time to come He would take care the same should not be converted to private use but employ'd to enrich hiâ— Exchequer for the purposes aforesaid To maintain 40000. Soldiers for strengthning the Kingdom The Subjects should not be burthened with Subsidies Loans c. That for 29 Lords of Parliament Abbots and Priors he would create 〈◊〉 Number of Nobles Now the Monasteries were given to the King but 〈◊〉 Provision for the Project made by thesâ— Acts only Ad faciendum populum thesâ— Possessions were given to the King anâ— his Successors to do therewith at his anâ— their own Wills to the pleasure of Alâ— mighty God and the honour and proâ—â— of the Realm Now observe the Catâ—strophe in the same Parliament of Henâ—â— the Eighth When the Opulent Priorâ— of St. John's of Jerusalem was given tâ— the King he demanded and had a Subsidy both of the Clergy and Laity And the like he had in the 34th of Henry the Eighth and in the 37th of Henry the Eighth And since the Dissolution of Monasteries he Exacted divers Loans and against Law received the same If the King by Writ call any Knight or Esquire to be a Lord of Parliament he may not refuse for the good of his Country The Fees of Knights of Parliament is Four shillings per diem Citizens and Burgesses Two shillings Coke's 4. Inst 46. The Parliament at Coventry Anno 6 Hen. 4. for that in the Writs it was Directed pursuant to the precedent Ordinance of the House of Lords That no Lawyer should be Elected It was called Indoctum Parliamentum and such Prohibition was Null and Void and the Ordinance afterwards Repeal'd The Sheriff of Bucks was Returned Knight for Norfolk and being afterwards served with a Subpoena pendente Parliamento had the priviledge of Parliament allowed him 1 Caroli Regis primi Judges are not to Judge of any Law Custom or Priviledge of Parliamenâ— they being more properly to be learneâ— out of the Rolls of Parliament Recordâ— and by Presidents and continual experience than by or from any Man Penn. Parliament from Parler la Ment 〈◊〉 called because every Member oughâ— sincerly Parler la Ment for the good 〈◊〉 the Common-wealth is the Highest anâ— most Honourable Court of Justice 〈◊〉 England consisting of the King thâ— Lord Spiritual and Temporal and thâ— Commons consisting of Knights Citizeâ— and Burgesses and in Writs and Judical Proceedings it is called Commâ—â— Concilium Regni Angliae It appeareth That divers Parliaments have beeâ— holden before and since the time of the Conquest which are in print and many more appearing in ancient Records anâ—
word Districtionem for Destructionem altering the sense of the Statute of Gloucester although but by one letter adjudged it was matter of substance and the Writ could not be amended Cokes 5 Rep. 45. Freeman's Case The Acts of 7 Hen. 7. and 3 Hen. 8. are perpetual Acts for the word King doth include all his Successors Cokes 6 Rep. 27. Case of Soldiers Althô the Statutes speak only of the Party yet Executors and Administrators shall take advantage of it Cokes 6 Rep. 80. Sir Edw. Phitton's Case Resolved in Englefield's Case That by tender of the Ring according to the Condition the Uses were void and the Estate vested in the Queen by force of the Attainder and of the Act 33 H. 8. Cokes 7 Rep. 15. In the case of the Prince the King's Charter having the Force of Parliament is sufficient in it self without any other Act for it is affirmed by Parliament by Stat. 9 H. 5. That it was agreed at the Parliament 11 Ed. 3. That the eldest Sons of the Kings of England were Dukes of Cornwal and that Dutchy should remain to them without being given else where Cokes 8 Rep. Case of the Prince from 25 to 29. In many cases the Common Law doth comptrol Acts of Parliament and sometimes shall adjudge them void For when an Act of Parliament is against common Right and Reason or repugnant and impossible to be performed the Common Law shall adjudge it void Cokes 8 Rep. 118. Dr. Bonham's Case and 128 129 Case of the City of London When an Act of Parliament maketh any Coveyance good against the King or other Person certain it shall not take away the Right of any other althô there be not any saving in the Act Cokes 8 Rep. Sir Francis Barington's Case 138. In case of Sentence of Deprivation of one and Presentment Institution and Induction of another after by relation of a General Pardon all are restored without Appeal or new Presentation Admission or Institution Cokes 9 Rep. Lord Sanchar's Case In an Act of Parliament misnaming of a Corporation when the express meaning appeareth shall not avoid the Act no more than in a Will Cokes 10 Rep 54 to 57. Case of the Chancellor of Oxford If an Act of Parliament were intended to Repeal a former Act it could not be by general and doubtful words Cokes 10 Rep 138. the Case of Chester Mills It cannot be intended that a Statute made by Authority of the whole Realm should do any thing against Truth Cokes 11 Rep. 14. Priddle and Napper's Case The Title of the Act is no part of the Act as the preamble is and Penal Statutes shall be taken by intendment to remedy mischiefs and suppress Crimes Cokes 11 Rep. 34. Powlter's Case Penal Statutes are to be followed chiefly in Informations strictly and in terminis according to the purview of the Act Cokes 11 Rep. 56. Dr. Forster's Case Where the Rule is Leges Posteriores priores contrarias abrogant countrarium est duplex Vide Cokes 11 Rep. 63. Dr. Foster's Case Statut ' Praerogativa Regis saith The King shall have Annum Diem Vastum which is as much as to say he shall have the Trees c. to his own disposition Cokes 11 Rep. 83. Levis Bowles's Case By Stat. 4. Ed. 3.14 A Parliament shall be holden once a year and oftner if need be By Stat. 36 Ed. 3.10 A Parliament shall be holden every year By Stat. 5 R. 2. Stat. 2.4 Every Person and Comminalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished and if the Sheriff doth not Summon them he shall be likewise amerced or otherwise punished as hath been used in times past What persons are to be Elected Knights Citizens and Burgesses to serve in Parliament the manner of their Election and Levying of their Expences and the divers Acts of Parliament for regulating their Elections you may see in the Statutes at large By Stat. 6 Hen. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-Ports shall depart from the Parliament without License of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book on pain to lose their Wages By Stat. 33. H. 8.21 The Kings Royal Assent by his Letters Patents under the Great Seal and Signed by his Hand and notified in his absence to the Lords and Commons assembled in the upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto By Stat. 12 Car. 2. cap. 1. It 's declared That the Parliament begun the 3d of November 16. Car. 1. is dissolved and that the Lords and Commons now sitting are the two Houses of Parliament notwithstanding any want of the Kings Writs of Summons or any other defect Stat. 16 Car. 2 cap. 1. The sitting and holding of Parliament shall not be intermitted above three years and now a new Parliament is to be called every Three years Stat. 6 W. M. Stat. 30 Car. 2. cap. 1. No Peer shall Vote make Proxy or Sit during any Debate in the House of Peers nor any Member of the House of Commons Vote or Sit there after their Speaker Chosen till they first take the Oaths of Allegiance and Supremacy and Subscribe and Repeat the Declaration in the Act mentioned between the hours of nine in the Morning and four in the afternoon at the Tables in the middle of the said Houses in a full House in such order as each House is called over for which Declaration and other Matters see the Statute at large But now those Oaths by late Acts are altered and others appointed in their stead Tbe Executive Power in Temporal Affairs A Brief account having been given of the Parliament in which is comprehended the Legislative power in Temporal Affairs We are next to consider the Executive power in the same and that is generally in the King he being the Fountain of Justice and Lord Chief Justice of Englaâ—d and because he is Caput Principium Finis Parliamenti by which the Laws are made and nothing can have the force of Law without his consent given in Parliament by Le Roy le veut therefore All the Laws of England are called the Kings Laws All the Courts of Judicature are called the Kings Courts And all the Judges of these Courts are called the Kings Judges And the High Court of Parliament being the Highest Court of Judicature all other Courts and Person in England are subject to it The Court of the High Steward of England HIs Stile is Seneschallus Angliae which word Seneschallus hath several Derivations yet as being applied to England it is properly derived from Sen that is Justice and Schale that is Governour or Officer that is Praefectus seu Officiarius Justitiae And this agreeth well with his Authority and Duty to proceed Secundum Leges Consuetudines Angliae This Office is very ancient and
was before the Conquest For in an ancient and Authentical Manuscript Intituled Authoritas Seneschalli Angliae where putting an Example of his Authority saith Sicut accidit Godwino Comiti Kanciae tempore Regis Edw ' antecessoris Willielmi Ducis Normandiae pro hujusmodi male gestis consilijs suis per Seneschallum Angliae adjudicatus forisfecit Commitivam suam In the time of the Conqueror William Fitz Eustace was Steward of England and in the Reign of William Rufus and Hen. 1. Hugh Grantsemenel Baron of Hinkley held that Barony by the said Office Of ancient time this Office was of Inheritance and appertained to the Earldom of Leicester as it also appeareth by the said Record Seneschalcis Angliae pertinet ad Comitivam de Leicester pertinuit ab antiquo That is that the Earldom of Leicester was holden by doing of the Office of Steward of England Other Records testified thaâ— it should belong to the Barony of Hinkley The truth is That Hinkley was parcel of the Possessions of the Earâ— of Leicester for Robert Bellomont Earâ— of Leicester in the Reign of Hen. 2 Married with Petronilla Daughter and Heir of the said Hugh Grantsemenel Baron of Hinkley and Lord Steward oâ— England and in her right was Steward of England And so it continued until by the Forfeiture of Simon Montford it came to King Hen. 3. who iâ— the 50th year of his Reign created Edmond his Second Son Earl of Leicester Baron of Hinkley and High Steward of England which continued is his Line until Henry of Bullinbrook Soâ— and Heir of John of Gaunt Duke oâ— Lancaster and Earl of Leicester who was the last that had any Estate of Inheritance in the Office of the Steward of England since which time it waâ— never granted to any Subject buâ— but only hac vice and the reason was for that the Power of the Steward of England was so transcendent that it was not holden fit to be in any Subjects hands For the said Record saith Es Sciendum est quod ejus Officium est supervidere regulare sub Rege immediatè post Regem totum regnum Angliae omnes Ministros legum infra idem Regnum temporibus pacis guerrarum c. and proceedeth particularly with divers exceeding High Powers and Authorities which may well be omitted because they serve for no present use And albeit their Power and Authority have been since the Reign of Henry the Fourth but hac vice yet is that hac vice limited and appointed As when a Lord of Parliament is Indicted of Treason or Felony then the Grant of this Office under the Great Seal is to a Lord of Parliament reciting the Indictment Nos considerantes quod Justitia est virtus excellens Altissimo complacens aeque prae omnibus uti volentes ac pro eo quod Officium Seneschalli Angliae cujus praesentia pro administratione justitiae executione ejusdem in hac parte facien requiritur ut accepimus jam vacat De fidelitate strenuitate provida circumspectione induâ—tria vestris plurimum câ—nfidenteâ— ordâ—nâ—vimus constituimus vos ex hac causa causis Seneschallum nostrum Angliae ad Officium illus cum monibus eidem Officio in hac parte debitis pertinentibus hac vice gerend ' accipiend ' exercend ' dantes concedentes vobis tenore praesentium plenam sufficientem potestatem authoritatem ac mandatum speciale indictamentum praedict ' c. So that it appeareth that this great Officer is wholly restrained to proceed only upon the recited Indictment And he to whom this Offic is granted must be a Lord of Parliament and his proceeding is to be Secundum Leges Consuetudines Angliae for so is his Commission And hereof you may read more at large in Coke's 3 Inst Chap. High Treason Also at every Coronation he hath a Commission under the Great Seal hac vice to hear and determine the Claims for Grand Serjeanties and other Honourable Services to be done at the Coronation for the solemnization thereof For which purpose the High Steward doth hold his Court some convenient time before the Coronation See a President hereof before the Coronation of King Richard the Second John Duke of Lancaster then Steward of England who in Claims before him was styled Tres Honourable Seignior Roy de Castile Leon Seneschalle d' Engleterre and held his Court in Alba Aula apud Westm die Jovis proximè ante Coronationem Quae quidem coronatio habita solemnizata fuit die Jovis sequente viz. 16 Julij Anno 1 Ric. 2. The first that was Created Hac vice for the Solemnization of the Coronation of Henry the Fourth was Thomas his second Son and upon the Arraignment of John Holland Earl of Huntingdon the first that was Created Steward of England Hac vice was Edward Earl of Devon When he sitteth by force of his Office he sitteth under a Cloth of State and such as direct their Speech unto him say May it please your Grace my Lord High Steward of England The style of John of Gaunt was Johannes filius Regis Angliae Rex Legionis Castellae Dux Aquitaniae Lancastriae Comes Derbiae Linconliae Leicestriae Seneschallus Angliae And in respect his Power before it was limited was so Transcendent no mention is made of this Great Officer in any of our ancient Authors the Mirror Bracton Britton or Fleta It seemeth they liked not to treat of his Authority neither is he found in any Act of Parliament nor in any Book Case before the 1st of Henry the Fourth and very few since which hath caused me to be the longer saith the Lord Coke in another place to set forth his Authority and due proceeding upon the Arraignment of a Peer of the Parliament by Judicial Record and Resolution of the Judges agreeable with constant Experience As the Peers of the Realm that be Tryors or Peers are not sworn so the Lord Steward being Judge c. is not sworn yet ought he according to his Letters Patents to proceed Secundum legem consuetudinem Angliae Co. 4. Inst. cap. 4. In Enditemene de Treason ou Felony verâ— un des Pieres del Realm le Tryal est per sâ—s Pieres quel maner de tryal in Appel nesâ— grauntable per que depuis que cel Trial per ses Pieres est le proper Trial que appertient al piere del Realm quant sur Enditement de Treason ou Felony il ad plead dâ—rien culpable Veions l'order proces dâ—cest Tryal Appiert An. 1. H. 4. fol. 1. An 13 H. 8. fol. 11. que quant un Seigniour del Parlement serra arraigne de Treason 〈◊〉 Felony dount il est endite Le Roy persâ—â— Letters patents ferra un graunde sagâ— Seigniour d'estre de grand Seneschaâ—â— d' Engleterre pour le jour de l'arraignment qui devant le dit jour ferra precept a son Serjaunt d'Arms qui
est appoint dâ—luy servire durant le temps de son Commission a faire venir devaunt luy 20 ou 18 Seigniours del Parlement a mesme la jour Et puis al jour quant le Seneschalle serra south le drape d'estate sur l'arraignment del prisoner ad fait lye son Commission le dit Serjaunt retourna le dit precept les Seigniours serront de ceo demaund ' quant ils ount apparus serrount en lour places le Constable del Tower serra demaund a amesner al Court son prisoner quel serra conduct per luy al barre Et donques le dit graund Seneschal monstra a le prisoner la cause pour quel le Roy avoit assemble la les Seigniours luy commaundra luy de responder sauns ascun pavour sur ceo causera le Clerk del Coron a lier l'Enditement a luy de luy demander sil soit culpable ou nemy a quel apres que il ad resp ' de rien culpable Le dit Clerk demand ' ouster de luy coment il voile este try A quel il peut dire per Dieu ses Pieres Et maintenant sur coe Les Serjeants Attorney le Roy deneront Evidence vers luy A quel quant le prisoner respondue Le dit Constable serra commaund de retirer le dit prisoner del barre a ascun lieu pour le temps que les dits Seigniors secretment parleront en le dit Court ensemble Et sur ceo les Seigniors se levent suis de lour places consultant ensemble ceo que ils facent ils facent sur lour honours sans ascun seâ—rement d'estre minister a eux Et quant eux touts ou les greinder part de eux sont agrees Ils returneront a lour places seeront Et donque le grand Seneschal demaundera del plus puisne Seignior aperluy sil qui est arraign soit culpable ou nemy issint del cestuy que est prochein al puisne issint del remenant seriatim tanque il est peruse touts chescun des Seigniors respondra aperluy Et donques le dit Seneschal remaundra pur le dit prisoner qui serra reamesnus al barr a qui le dit Seneschal rehersera le Verdit donera Judgment accordant Et cest matter de Tryal est done come semble per le Statute de Magna Charta cap. 29. qui est in cest manner Nullus Liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatur nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum vel per legem terrae Nulli vendemus nulli negabimus aut differemus justitiam vel rectum Stat. 20 Hen. 6.9 Tryal of Dutchesses Countesses and Baronesses for Treason or Felony shall be as Noblemen Peers of the Realm and not otherwise notwithstanding the Statute of Magna Charta cap. 29. which mentioneth Men only to be Tryed by their Peers Mes nul de ceux Statutes ad este mise in ure d'extender a un Evesque ou Abbe coment que ils injoyent le nosme del Seignior de Parlement car ils nont cel nosme d'Evesque ou Abbe ratione Nobilitatis sed ratione Officij ne ont lieu en Parlement in respect de lour Nobility eins in respect de lour possession scil L'auncient Baronies annexes a lour Dignities Et accordant a ceo il y ad divers Presidents d'ont l'un fuist in temps le Roy Henry le 8. Et vide P. 10 E. 4. f. 6. Que un des Piers endite de Treason ou Felony Peut si pleist al Roy estre arraign de ceo en le Parlement donque les Seigniors Espirituels ferront un Procurator pur eux Eo que per le Canonical Leys ils mesmes ne doient condemner ascun a mort Stamford 's Pleas of the Crown fol. 152. The High Court of Chancery CAlled Curia Cancellariae because aâ— some think the Judge of the Couâ—sate antiently Infra Cancellos at thâ— East end of our Churches being separated per Cancellos from the Body of the Church as peculiarly belonging to the Priest were thenâ—â— called Chancels But others derive it â—â—ther from the Power of the Lord Chancellor who is called Cancellarius à Cancellando The highest point of his Power being to Cancel the Kings Letter Patents and damning the Inrollmeâ—â— thereof by drawing strokes through 〈◊〉 like a Lattice in several cases as wheâ—â— the King grants any thing upon faâ—â—â— Suggestion or what by Law he cannot grant And in the Chancery are two Courtâ— one of Ordinary Jurisdiction Coraâ—â— Domino Rege in Cancellaria And thâ—â— other of Extraordinary Jurisdiction The Court of Ordinary Jurisdictioâ—â— proceeds according to the Right Liâ—â— of the Laws and Statutes of the Realâ—â— Secundum Legem Consuetudinem Angliae and hath power to hold Plea 〈◊〉 Scire facias for Repeal of the King 〈◊〉 Letters Patents of Petitions Monstraâ—â— de droits Traverses of Offices Partitions in Chancery of Scire facias upon Recognizance in this Court Writs of Audita Querela to avoid Executions in this Court Dowment in Chancery by the Writ De Dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Statute Staple by the Act of 23 H. 8. But Execution upon Statute Merchant is retornable into the Kings Bench or Common Pleas all personal Actions by or or against an Officer or Minister of this Court in respect of their Service or Attendance there But these if the Parties descend to Issue this Court cannot try by Jury but the Lord Chancellor or Lord Keeper delivereth the Record by his proper Hands into the Kings Bench to be tried there because for that purpose both Courts are accompted but one and after Tryal had to be remanded into Chancery and there Judgment to be given but if there be a Demurrer in Law it shall be argued and adjudged in this Court This Court is Officina Justitiae out of which all Original Writs and Commissions under the great Seal do Issue which great Seal is Clavis Regni and for these ends this Court is ever open And for that if any be wrongfully Imprisoned in the Vacation the Lord Chancellor may grant an Habeas Corpus to do him Justice which only other Courts can do in Term time and also may grant Prohibitions in Term time or Vacation which are not returnable but if not obeyed then may this Court grant an Attachment upon Prohibition returnable either in the Kings Bench or Common Pleas. The Author of Novae Narrationes written about the time of E. 3. saith Curia Cancellariae Regiae est Curia Ordinaria pro Brevibus Originalibus emanandu Sed non Placit is
might be here moderated and amended according to Conscience and Equity and proceeding by English Bill the Witnesses are examined in private the Decrees in English or Latin no Jury but all Sentences given by the Judge of the Court much like to the Courts of the Civil Law â—â—binds the person only and not his Lands or Goods But referring the full proceeding anâ— practise therein to those Books aâ—â— Authors who treat thereof at large We shall next give a â—rief accompt of The Officers THe Lord Chancellor or Lord Keeper of the Great Seal is created Per traditionem Magni Sigilli sibi per Dominum Regem And by taking his Oath consisting of six Articles the substance whereof is That he shall well and truly serve the King and his People in the Office of Chancellor or Lord Keeper Shall do Right to all People according to the Usages and Laws of the Realm Shall truly Counsel the King and preserve and advance the Rights of the Crown And he is sole Judge in both of the before mentioned Courts in Chancery being Summum ambientis animi quasi solstitium and is Magistratuum omnium Antistes And to the Lord Chancellor are twelve Assistants called Masters anciently Clerici Cancellariae of whom the chief is The Master of the Rolls who hath a Place of great Dignity and is in the Gift of the King either for Life or during the Kings Pleasure and hath Jure Officij the gift of those considerable Offices of the Six Clerks in Chancery hath the keeping of the Rolls and the House of the Converted Jews and in the absence of the Chancellor hears Causes makes Orders by virtue of a Commission with two Masters and that Jure Officij And the Masters of Chancery who are commonly Doctors of the Civil Law are Assistants to the Court and sit there by turns to shew what is the Equity of the Civil Law and course of the Court and what is Conscience And these Masters ought to be expert in the Common Law to see the framing of original Writs according to Law which are not of course whereupon such are called in ancient Authors Brevia Magistralia And next to these is The Clerk of the Crown who by himself or his Deputy continually attends the Lord Chancellor for special matters of State and hath a place in the higher House of Parliament he makes all Writs for Elections of Members of Parliament Sitting in Parliament upon Warrant directed to him upon the Death or removal of any Member and all Commissions of Oyer and Terminer Gaol Delivery and many other Commissions for distribution of Justice And next is The Prothonotary of the Court whose Office is chiefly by himself or Deputy to Expedite Commissions for Embassies And then The Clerk of the Hamper or Hanaper sometime stiled Warden of the Hamper whose Office is to receive all Money due to the King For the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal daily in Term time and at times of Sealing with Leather Bags now but anciently probably with Hampers wherein are put all Sealed Charters Patents c. And then delivers those Bags to the Comptroller of the Hamper The Warden of the Fleet is to take off the Prisoners sent from this Court for Contempt to the King or his Laws or that will not pay their Debts c. who commonly Executes it by a Deputy The Serjeant at Arms whose Office is to bear a great Guilt Mace before the Lord Chancellor or Keeper for the time being The Six Clerks whose Office is to Inrol Commissions Pardons Patents Warrants c. that are passed the Great Seal they were ancienly Clerici and afterwards forfeited their Places if they did Marry These are the Attorneys as well for Plaintiff as Defendant in every Suit in Court Two Examiners Their Office is to Examine Witnesses upon Oath and put their Depositions and Answers to their Interrogatories in Writing Three Clerks of the Petty Bag Their Office is to make all Patents for Customs Comptrollers Conge d'eslire First Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament The Subpoena Office executed by a Deputy is to Issue out Writs to Summon Persons to appear in Chancery The Clerk of the Patents or Letters Patents under the great Seal of England and may be executed a Deputy The Register of the Court hath under him Deputies Two Registers for the Court Two Registers for the Rolls Entring Clerks and one Clerk of the Reports or keeper of the old Book The Affidavit Office granted by Letters Patents where all Affidavits are Filed and may be executed by a Deputy The Cursitors are Twenty and four who are appointed to several Shires and are to make out original Writs that belong to this Court or Common Pleas and these are a Corporation within themselves and many of them Execute their Places by Duputies By Stat. 15 H. 6.4 none shall sue forth a Subpaena untill he find surety to satisfie the Defendant his Damages and Cost in case he do not verisie his Bill Three things are to be Judged in Conscience by the ancient Rule viz. Covin Accident and breach of Confidence This Chancery is ever open and never is or can be Adjourned Cokes 2 Inst 53. In se Defendendo lies no Appeal And when it is found so the King must pardon it of course That is in the Court of Chancery The Pleas whereof be Coram Domino Rege in Cancellaria And there the Lord Chancellor upon the Record certified to him in the Chancery by a Writ of Certiorari shall of course by force of the Statute of Gloucester cap. 9. Grant him his Pardon without speaking thereof to the King Cokes 2 Inst 316. The ordinary power of the Chancery is very ancient but no Court of Equity there until Hen. 4. time But since The Chancellors attend upon the King to decide matters in Equity as the other Judges did to decide Matters in Law The Chancellors in Edward the Thirds time would come and sit in the Common Pleas and speak there to Matters in Law Co. 2. Inst 552 553. The Office of Keeper same power with Chancellor by the Statute of 5 Eliz. cap. 13. King Alfred Anno Domini 872. gave a Pardon to Wolstan which was enrolled in the Court of Chancery which Record Wolstan Vouched Coke's 2 Inst 554. The Chancery cannot bind the Interest in Lands but the Person only 1 Co. Rep. 139. Therefore if Copyholder after Severance alien there is no Means against him but by Decree in Chancery and that cannot bind the Land 4 Co. Rep. 25. Copyhold Cases The Court of Star Chamber Coram Rege in Consilio suo HEld in a Chamber at one End of Westminster-Hall having the Sign of a Star over one Door thereof Anciently called Camera Stellata The Chamber of the Stars Star-Chamber and the Starred Chamber in respect of the Roof of the Court garnished with Golden Stars Some have imagined that it should
of the Papers keeps all Rolls Script Pleadings and other things which are not of Record The Custos Brevium Files all Writs Original and Judicial after their Return by the Sheriffs and is chargable for the same if imbezled The Custos Sigìlli Seals all Judicial Writs Patents and Licenses issuing out of the Court and taketh the Fee and thereof makes Accompt The Attorneys which are for Plaintiffs and Defendants in every Cause Frame and make Pleadings The Marshal of the Court who either by himself or his Deputy or Servants attends the Court to receive Prisoners committed to their Custody The Clerk of the Declaration keeps and Files Declarations after they are Ingrossed and continued on the Back from the Term you Declare till Issue Joyned The Clerk of the Rules makes all Rules and Enters them and gives Copies and also Files all Affidavits c. The Phillizers one for each County to make all mean Process after Original in proceeding to the Utlary The Clerk of the Errors allows 〈◊〉 Writs of Error and makes the Supersedeas thereupon and Transcribes the Records into the Exchequer Chamber The Cryers always attend the Court to call Non-suits give Oaths to Wiâ—nesses Jury Men at Tryals and dâ— such other Business as the Court shaâ—â— direct and at the end of every Term do attend the Court. The Porter of the Court who bringâ— all Records into Court when they aâ—â— to be used This Court may Bail any person foâ— any Offence whatsoever and if a Free man in any City Burrough or Towâ— Corporate be Disfranchised unjustly albeit he hath not priviledge in thâ—â— Court yet this Court may relieve the party as appears in Coke's 11 Rep. Jamâ—â— Bagg's Case Et sic in similibus H. P. Captus per querimoniam Mercaâ—â—rum Flandriae imprisonatus offert Domino Regi Hus Haut in plegio ad stâ—â—dum recto ad respondendum praediâ—â—â— Mercatoribus omnibus alijs qui vâ—â—sus eum loqui voluerint c. The French word Hus signifying an Elder-Tree and Haut the Staff of a Halbert aâ—â— thought then to be Common Baâ— changed now to Doo and Roo and thâ—â— then putting in Bail at one Man's Suit was in Custodia Mareschalli to answer all others that should Sue him by Bill and this continueth to this Day A Scire facias to Repeal a Patent of the King may be brought in this Court In Ancient time when Pleas were holden in Parliament when the Parties descended to Issue the Record was Adjourned into the Kings-Bench By Stat. 18 Ed. 3. The Oath to be given to Justices when they take their place is to this effect viz. To serve the King in their Offices To warn them of any Damage do Justice take no Bribe give no Council where he is a Party maintain no Suit nor deny Right though by command from the King To procure the Kings profit and to be answerable to the King in Body Lands and Goods if found in default By Stat. 10. H. 6. not in Print The Justices Serjeants and the King's Attorney shall be paid their Wages by the Treasurer of England at Easter and Michaelmas without any other Suit By Stat. 28 Hen. 8. All Attaints shall be taken in the Kings-Bench and Common-Pleas and not elsewhere Stat. 5 Ed. 3.12 If Outlary happen before Justices of Oyer and Terminer and the Justices be risen before the Party yield himself he shall do it in the Kings-Bench The Justices in this Court are the Sovereign Justices of Oyer and Terminer Gaol Delivery Conservators of the Peace c. in the Realm and Sovereign Coroners of the Land And therefore where the Sheriff and Coroners may receive Appeals by Bill à Fortiori the Justices of this Court may do it Out of this Court are other Courts derived in respect of the multiplicity of causes which have increased Jurisdictio istius Curiae est Originalâ—â— seu ordinaria non delegata And the Justices of this Court were called Anciently Justiciae Justiciarij Locum tenentes Domini Regis c. And the Stile of this Court is Anglia in the Margent and the Chief Justice was called Justicia Angliae Justicia prima Justiciarius Angliae capitalis Justiciarius noster capitalis ad placita coram nobis terminandâ— and in divers Acts of Parliament he is called Chief Justice of England The Kings Bench hath Authority for Great Misprisions and Offences to Adjudge and Inflict corporal Punishments as Pillory Papers and the like Coke's 4 Inst cap. 7. The Court of Common Pleas. THis Court is so called because there are debated the usual Pleas between Subject and Subject althô not in respect of Persons but in respect of the Pleas being Communia placita And some say this Court as well as others was at first held in the King's House wheresoever he resided But by Magna Charta it is ordained This Court should not be Ambulatory but held at a certain place and that hath ever since been in Westminster-Hall And this Court is the Lock and Key of the Common Law in Common Pleas for here all Real Actions whereupon Fines Recoveries and Common Assurances of the Realms do pass and all Real Actions by Original Writs are to be determined and all Common Pleas mixt or personal in divers whereof this Court and the Kings Bench have a concurrent Authority This Court Regularly holds no Plea but by Original Writ out of the Chancery and returnable into this Court But in certain cases it holds Plea by Bill without such Writ as for or against persons priviledged in this Court Also without Original Writ this Court may upon suggestion grant Prohibitions to keep Ecclesiastical Courts within their Limits and Jurisdiction This Court but no inferiour Court may write to the Bishop to certifie Bastardy or Legal Matrimony so likewise upon ancient Demesne pleaded The Lord Chief Justice of the Common Pleas or Common Bench holds his place Durante bene-placito by Letters Patent in this form Rex c. Sciatis quod constituimus dilectum fidelem E C. Militem Capitalem Justiciarium de Communi Banco habendum quamdiu nobis placuâ—â—it cum Vadijs Feodis ab antiquo debitis consuetis In cujus rei Testimonium has Literas nostras fieri fecimus Patentes Teste c. And the three other Judges have Letters Patent Sciatis quod constituimus dilect ' Fidelem P. W. Militem unum Justiciariorum nostrorum de Communi Banco c. The Jurisdiction of this Court is general and extendeth throughout all England And for the Antiquity of this Court Vide 6 E. 3. where a Fine was levyed in this Court 6 R. 1. And none of the Judges of this Court may take Fee of any but the King and they ought to observe and likewise all other Officers the Rule in Law Nemo Duobus utatur Officijs And now we come to The Officers THe Custos Brevium who is the Chief Officer of the Court. The Three Prothonotaries in whose Offices
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
c. And for their Accompts and many other things as Estreat-Rules all Charters and Letters Patent whereupon any Rents are reserved to the King and formerly here were Two Secondaries and Ten other Sworn Clerks If any Clerk make Process for any Debt paid the Tallies whereof are joyned and allowed he shall lose his Office be Imprisoned c. He maketh Entry of Record of Sheriffs and Accomptants paying their proffers at Easter and Michaelmas and makes Entry of keeping their days of Prefixion The Green Wax is certified into his Office and by him delivered to the Clerk of Estreats All Accompts of Customers Comptrollers c. are here entred to avoid all delay and concealment The Clerk of the Pipe the Original Institution of whose Office was from a Conduit or Conveyance of Water into a Cistern For all Accompts and Debts to the King are drawn from and delivered out of the Offices of the Kings Remembrancer and Lord Treasurers Remembrancer c. and charged in the Pipe So as whatsoever is in charge in this Roll or Pipe is said to be duly in charge In the Patent of this Office he is called Ingrossator Magni Rot ' in Scaccario Here are under him Eight Sworn Clerks Here Accomptants have their Quietus est and Leases are made of Extended Lands Comptroller of the Pipe He writeth out Summons twice every year to the high Seriff to levy the Farms and Debts of the Pipe and keepeth a Comptrolment or Roll of the Pipe Office Accompts Clerk of the Pleas in whose Office all the Officers of the Exchequer and Priviledged Persons as Debtors to the King c. are to have their Priviledge to Plead and be Impleaded as to all matters at the Common Law And the Proceedings are accordingly by Declarations Pleas and Trials as at Common Law because they should not be drawn out of their Court where their attendance is required In this Office are Four Sworn Attorneys Foreign Opposer to whom all Sheriffs repair to be opposed of their Green-wax and from thence is drawn down a charge upon the Sheriff to the Clerk of the Pipe Clerk of the Estreats or Extracts is every Term to receive from the Office of the Treasurers Remembrancer all Debts or Sums to be levied for the King's use and to make Schedules for such Sums as are to be charged Auditors of the Imprest are Two who Audit the great Accompts of the King's Customs Wardrobe Mint First-fruits and Tenths Naval and Military Expences Moneys Impressed c. Auditors of the Revenue are Seven These Audit all the Accompts of the Kings other Revenue that ariseth by Aids Auditors of the Receipts is a kind of Filazer for he Files all Tellers Bills and Enters them Secondly He is a Remembrancer for he giveth the Lord Treasurer a Certificate of the Money received the Week before Thirdly He is an Auditor for he maketh Debentures to every Teller before they pay any Money and taketh and audietth their Accompts and keepeth the Black Book of Receipts And the Lord Treasurers Key of the Treasury and seeth every Tellers Money Locked up safe in the new Treasury Remembrancer of the first Fruits Executed by Two Deputies they take all compositions for First-Fruits and Tenths and make out Process against all which pay not the same Clericus Nihilorum maketh a Roll of all such Sums as the Sheriffs upon Process of the Green-wax return Nihil and delivers that Roll into the Office of the Lord Treasurers Remembrancer to have Execution done of it for the King Mareschallus To this Officer the Court committeth the keeping of the Kings Debtors during the Sitting of the Term to the end they may provide to pay the Kings Debts or be further Imprisoned such Offices as are found Virtute Officij and brought into the Exchequer are delivered to him to be delivered over to the Lord Treasurer's Remembrancer He also appointeth Auditors to Sheriffs Escheators Customers and Collectors for taking their Accompts Clericus Summonitionum Clerk of the Summons Deputati Camerarij which are Two called Under-chamberlains of the Exchequer They cleave the Tallies written by the Clerk of the Tallies and read the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true They also search for Records in their Treasury And there are other Officers as Clerk of the Parcels Usher of the Exchequer whose Office is Executed by a Deputy and four Under-ushers In the Lower Exchequer are these Officers THe Lord High Treasurer of England of whose Office and Dignity we have spoken before in the uppeâ— Exchequer And concerning the course of the Receipt in this Exchequer you may read more in Rot ' Claus ' 39 E. 3. M. 26. The other Officers there are one Secretary And next is The Chancellor who hath a principâ—â— power not only in the Exchequer Court but there also in the managing and disposing of the Kings Revenue Two Chamberlains in whose Custody are many ancient Records Leagues and Treaties with Foreign Princes The Standards of Moneys Weights and Measures The Famous Books called Doomesday and the Black Book of the Exchequer Four Tellers Their Office is to receive all Moneys due to the King and thereupon to throw down a Bill through a Pipe into the Chamberlains or Tally Court. Clerk of the Pells is to enter every Tellers Bill in a Parchment Skin in Latin Pellis whence this Office hath its name The Two Deputy Chamberlains Sit in the Tally Court cleave the Tallies and examin each piece a part as is said before in the Upper Exchequer Two Ushers who take care to secure the Court by Day and Night and all the Avenues leading to the same and are to furnish all Books Paper c. One Tally Cutter who provides fitting Hazel cuts them square and of full lengths and hath dividend Fees with the other Officers of the Party who sueth it out The Four Messengers of the Receipt are Pursuivants Attendants upon the Lord Treasurer for carrying his Letter and Precepts to all Customers Comptrolers and Searchers and all other His Majesties Messages where the Lord Treasurer shall command them In case of any Pension given by the King there is only 5 l. per Cent. paid to all the Officers for all publick payments not 5. s. for the Hundred pounds For all Moneys paid in by the King's Tenants or Receiver it costs them but 6 d. or at most but 3 d. for every payment under 1000 l. The Collectors and Receivers cost the King not above Two in the pound and at his Exchequer it costs nothing For the Course of the Exchequer and Duty of the several Officers you may Read in the Authors who have treated thereof more at large There is a General Statute concerning all the Courts of the King made 2 Hen. 6. cap. 10. That all Officers made by the King's Letters Patents within his Courts which have Authority ab antiquo to appoint Clerks and Ministers within the said Courts shall be Sworn
to appoint for whom they will answer and such as are sufficient and will be Faithful and Diligent in their places In the same manner we have Ordained in the Right of the Barons of the Exchequer that we have expresly charged them in our presence that they shall do Right and Reason to all our Subjects and that they shall deliver the People reasonably and without delay c. And more of the Officers of this Court and their Duty you may read in the Statutes at large Resolved in the Case of Auditor Provy that if A. be indebted to B. and B. is indebted to the King that the King by his Prerogative may Levy his Debt upon A. but this Levying ought to be of an immediate and not of a mediate Debtor to the Debtor of the King As if A. be indebted to B. and B. to C. and C. to the King the King cannot Levy his Debt of A. for then it might be Levied in infinitum Quod reprobatur in Jure The Barons of the Exchequer are the Sovereign Auditors of England for if a Man Assign Auditors to a Bailiff or Receiver to Accompt and the Auditors will not allow just and reasonable allowances but will Commit the Bailiff or Receiver to Prison such Prisoner may have an Original Writ of Ex parte talis returnable before the Treasurer and Barons of the Exchequer for his relief If the Barons do not allow an Accomptant before them such just Demands as he maketh he may have a Writ De Allocatione facienda directed to the Treasurer and Barons Commanding them to allow the same Gifts by word of Mouth from the King not allowable but void Neither is a Warrant under the Signet sufficient to Issue any Treasure of the King out of the Receipt but it must be under the Great or Privy Seal Whereas it is said That the King may Distrain in all the other Lands of his Tenant of whomsoever they are holden it is thus to be understood That the other Lands must be in the actual Possession of the Kings Tenant for he cannot Distrain in those Lands in the Possession of his Tenant for Life Tenant for Years or at Will Coke's 4 Inst cap. 11 12 13. The Oath of the Barons of the Exchequer expressing there Duties consisteth upon Ten Articles 1st That well and truly he shall serve in the Office of Baron of the King's Exchequer 2ly That truly he shall charge and discharge all manner of People as well Poor as Rich 3ly That for no highness nor for Riches nor for hatred nor Estate of no Person or Persons whatsoever nor for any Deed Gift nor Promise of any Person the which is made to him nor by Craft nor by Engin he shall let the King 's Right 4ly Nor none other Persons Right he shall disturb let or respite contrary to the Laws of the Land 5ly Nor the Kings Debts he shall put in respite where that they may goodly be levied 6ly That the Kings need he shall speed before all others 7ly That neither for Gift Wages nor good Deed he shall lain disturb nor let the profit or reasonable advantage of the King in the advantage of any other person nor of himself 8ly That nothing he shall take of any person for to do wrong or right to delay or to deliver or to delay the people that have to do before him but as hastily as he may them goodly to deliver without hurt of the King and having no regard to any profit that might thereof to him be therein he shall make to be delivered 9ly Where he may know any wrong or prejudice to be done to the King he shall put and do all his power and diligence that to redress and if he may not do it that he tell it to the King or to them of the Councel which may make relation to the King if he may not come to him 10ly The King's Counsel he shall keep and lain in all things And like to the Chief Baron the rest of the Baron are constituted by Letters Patent and the Patents of the Attorney General and Solicitor are also Quamdiu se bene gesserit Coke's 4. Inst cap. 11 12. The Lord Chief Baron is Sworn by the Lord Chancellor or Lord Keeper for the time being and in matters of Law Information and Plea he answereth the Bar and all Suitors He ever giveth Judgment in the Term-time only and gives his directions to the Remembrancer in this manner If the King's Attorney say nothing for the King between this and such a day for such a matter enter Judgment for A.B. Or if the Party foâ— nothing for such a matter by such a day enter Judgment for the King Practick part of the Law Court of Exchequer The Court of Inquiry to certifie untrue Accompts in the Exchequer THis Court Sits by Commission under the Great Seal by force of the Statute of 6 Hen. 4. Directed and sent with the Tenor of the Accompt to discreet persons in the County where the Officers be to Enquire and certifie the profits by them received and if they be attainted of Fraud they forfeit treble value and their Bodies to Prison until they make Fine and Ransom at the discretion of the Judges In the Exchequer Wall is this old Verse Ingraven Ingrediens Jani rediturus es aemulus argi The Court of Equity in the Exchequer THe Judges of this Court are the Lord Treasurer Chancellor and Barons of the Exchequer And generally their Jurisdiction is as large for matter of Equity as the Barons in the Court of Exchequer have for benefit of the King at the Common Law For all the Proceedings both in this Court of Equity and of that at the Common Law ought to be touching the King or otherwise there lieth a Prohibition which appears by the Register for all are Communia Placita which are not Placita Coronae More of the Jurisdiction and Authority of this Court you may see by the Statute of 33 Hen. 8. and Coke's Instit cap. 13. The Office of Pleas in the Exchequer THis is the Office of the Common Law and the Proceedings in most things agreeable to the Kings-Bench and Common Pleas. Their Leading Process is Quo minus or Subpoena the Quo minus is like the Capias or Latitat to take the Body of the Defendant and was anciently granted to the Kings Tenants or Debtors only But now the Practice of this Office is grown General in all cases almost by the Subpoena which being easier brings much into this Office especially in Wales where the King 's Writ runs not only Capias Utlagatum There are Four Attorneys and in their Declarations they always suppose the Plaintiff to be Debtor to the King In this Office all Officers of the Exchequer are to Sue and be Sued and all manner of Accomptants and all Suits removed out of any Court of Record by the King 's Writ or out of any Court at Westminster by the Red Book The Execution after
in pleno comitatu per Sacramentum proborum legalium hominum de c. inquiras inde appellatur Breve inquisitionis utrum A. captus detentus in Prisona c. pro morte W. unde rettatus i. e. accusatus existit sit odio atia c. nisi indictatus vel appellatus fucrit coram Justitiariis nostris ultimo itincrantibus in partibus illis pro hoc captus Imprisonatus For by the Common Law in omnibus autem placitis de felonia solet accusatus per plegios dimitti praeterquam de placito de homicidio ubi ad terrorem aliter statutum est But this Writ was taken away by a late Statute viz. in 28 E. 3. because as some pretended it became unnecessary for that Justices of Assize Justices of Oyer and Terminer and Justices of Gaol-delivery came at the least into every County twice every year but within Twelve years after this Statute it was Enacted That all Statutes made against Magna Charta should be void whereby the Writs of Odio and Atia and De ponendo in Ballium are revived and so in like cases upon all the Branches of Magna Charta And therefore the Justices of Assize Justices of Oyer and Terminer and of Gaol-delivery have not suffered the prisoner to be long detained but at their next coming have given the prisoner full and speedy Justice by due Tryal without detaining him long in prison Coke's 2 Inst 42 43. A person examined may require a Copy of his Examination take time to answer and put his answer in writing and keep a Copy of it Coke's 2 Inst 51. All causes ought to be heard and determined before the Judges openly in the Kings Courts the King having distributed his Judicial power to several Courts of Justice Coke's 2 Institutes 103. If a prisoner be mute by act of God The Judges who are to be of Council with the prisoner ex officio ought to enquire if he be the same person and of all other pleas which he might have pleaded But if it be by his own Act he is to be forthwith put to his pennance Coke's 2 Inst 178. If the Prisoner Demur and it be Over-ruled he shall be hanged but not have pain fort dure ibidem Justices may punish any act done in deceit of the Court 2 Inst 215. Judicis officium est Opus diei in die ipso perficere according to the Statute of W. 1. cap. 47. and not defer it or prefer others upon any request or importunity Coke's 2 Inst 256. Sapientis Judicis est cogitare tantum sibi esse permissum quantum commissum creditum Coke 's 4 Inst 163. By Stat. 4 Jac. 1. cap. 1. It is provided that whereas in regard of some difference and inequality of the Laws Tryals and Proceedings in case of Life between the Justice of the Realm of England and that of the Realm of Scotland It appeareth to be most convenient for the contentment and satisfaction of all his Majesties Subjects to proceed with all possible severity against such Offenders in their own Country according to the Laws of the same whereunto they are Born and Inheritable and by and before the Natural Born Subjects of the same Realm if they be there apprehended And by the next Clause is provided that Felonies committed by English Men in Scotland shall be inquired of heard and determined before Justices of Assize or Commissioners of Oyer and Terminer and Gaol-delivery being Natural born Subjects within the Realm of England and no other And the like in another Clause with an addition of Justices of the Peace to be Natural born Subjects within England Coke's 3 Inst 226. Justices of the Kings-Bench Oyer and Terminer Gaol-delivery and of the Peace may enquire of hear and determine all Murders and Felonies within the Verge because their Jurisdiction and Authority are generally through the whole County Coke's 4 Rep. 46 47. Case of Appeals The Justices of Assizâ— have one Commission of Oyer and Terminer directed to them and divers other Inhabitants of the Shires whereunto their Circuits extend whereof each of the Justices of Assize are of the Quorum for offences hapning in their Circuits which without this Commission they cannot do Terms del Ley Cok's 4 Inst En le Table The Statute of 2 Ed. 3. requireth that no Commission of Oyer and Terminer be granted but before Justices of one Bench or the other or Justices Itinerant and that for horrible Trespasses Where the Commission of Oyer and Terminer lies in case of Extortions by Under-sheriffs Escheators Clerks of Markets Hunters in Parks taking of Goods not Wreck'd in vacancy of Bishopricks for Hunting in Parks for Robbing Piscaries and in many other cases the Forms of Writs and Associations and si non omnes to them Vide F. N. B. 243 to 251. If the Trespass be not Enormis seu horribilis a Writ of Supersedeas lieth or Revâ— ation Coke's 2 Inst 419. Upon an Indictment found by the Commissioners before the Term a Special Commission of Oyer and Terminer may be granted for them to proceed altho' the Court of Kings Bench be sitting in the same County But it is best for the Commission to bear Teste after the beginning of the Term But General Commissions of Oyer and Terminer are suspended during the term or time the Kings Bench sits in the same County or if the Kings Bench be adjourned the General Commission may proceed Coke's 3 Inst 27. Coke's 4 Inst 163. The Kings Bench is more than Eyre Therefore in Term time no Commissions of Oyer and Terminer or Gaol-Delivery by the Common Law may sit in the County where the Kings Bench sitteth for praesentia majoris cessat potestas minoris and therewith agreeth 27 Ass p. 1. But Carlisle and Erwing were Indicted and Arrained in London where the Murder was Committed before Justices of Oyer and Terminer in the Term time because in another County than where the Kings Bench sit Coke's 9 Rep. 118. Lord Sanchar's Case For Tryal of Treasons Committed out of the Realm c. by Commissions appointed by the King c. See the Statute of 26 Hen. 8. 33 Hen. 8. 35 Hen. 8. 5 and 6. of Ed. 6 c. If a Commission of Oyer and Terminer be discontinued or expired c. the Indictments and Records shall be removed into the Kings Bench as to their proper Center Coke's 2 Institutes 419. The Courts of Special Justices of Oyer and Terminer THese Courts are Four in number Raised by several Acts of Parliament Two of which viz. That concerning Purveyors and that concerning Misdemeanors of Villains being obsolete We shall only give a Brief account of the Style and Nature of the other Two referring their Jurisdiction and Proceedings therein to the Acts of Parliament themselves And first of that concerning Money collected for Houses of Correction or for the Poor THis Court is Raised by the Statute of 39 Eliz. cap. 4. wherein is to be observed
That their Proceedings Judgments and Executions shall remain good and available in Law without any Redress to be had by Suit in any other Court as you may see more at large by the Statute and Exposition thereof in Coke's Fourth Institutes And the other is concerning Colledges Hospitals or Almshouses for Charitable and Lawful purposes and Uses BY the Statute of 39 Eliz. cap. 6. The Lord Chancellor or Chancellor for the Dutchy of Lancaster for Lands in that County may award Commissions to the Bishop of the Diocess and his Chancellor and other persons of good and sound Behaviour To enquire of all Colledges Hospitals and other places Founded or Ordained for the Charitable relief of Poor Aged and Impotent people Maimed Soldiers Schools of Learning Orphans or for such other good charitable and lawful Purposes and Intents And of all Lands c. given or appointed for those uses As also for Reparations of all High-ways Bridges and Sea-Banks for Maintenance of Free-Schools and Poor Scholars and of Orphans and Fatherless Children and such like good and lawful Charitable uses and to enquire of the Abuses Misdemeanors Mis-employments Falsities defrauding the Trusts Alienations Misgovernments c. And to set down such Orders Judgments and Decrees that the same may be observed in full ample and most liberal sort c. Which Orders Judgments and Decrees not being contrary to the Orders or Decrees of the Donors shall be firm and good and are to be certified by the Commissioners into the Chancery of England or of the County Palatine of Lancaster c. And it is to be observed that when any Act of Parliament doth authorize the Lord Chancellor or Keeper to make a Commission under the Great Seal he may do it without further Warrant the King being party to the Act of Parliament But this Statute was afterwards Repealed by 43 Eliz. 4. Saving for the Excution of Orders and Decrees before made by Commissioners according to the Statute And by the Statute of 43 Eliz. 4. It shall be lawful for the Lord Chancellor or Lord Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that Precinct to Award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other Persons of Good Behaviour Authorizing Four or more of them to Inquire as well by the Oaths of Twelve or more Lawful Men as otherwise of all Grants Gifts Augmentations Limitations and Appointments and of all Abuses and Misemployments of all Land Tenements and Hereditaments and of all Goods and Chattels given limitted or appointed to Charitable uses c. See the Statute at large and 21 Jac. 1. cap. 1. The Court of Justices of Gaol-Delivery BY the Law Ne homines diu detineantur in Prisona but that they may receive Plenam celerem Justitiam The Commission of Gaol-Delivery was Instituted 4 E. 3. and by this Commission Goals ought to be delivered Thrice in the year and oftner if need be and the Authority given thereby consisteth in these few Words Constituimus vos Justiciarios nostros ad Gaolam nostram Castri nostri de C. de Prisonibus in ea existentibus hac vice deliberand ' And these Justices may arraign any man in that Goal upon any Indictment for Felony Trespass c. before Justâ—ces of Peace though not found before themselves which Justices of Oyer and Terminer cannot do and they may take a Pannel of a Jury Return'd by the Sheriff without making any Precept to him which Justices of Oyer and Terminer may not To these Justices Commissions of Association Writs of Admittance and Si non omnes like as to Justices of Oyer and Terminer are directed and other Authorities Jurisdictions and Priviledges they have of which you may Read at large Coke's 4 Inst. cap. 30. By the Statute of 6 R. 2.5 Justices of Assize and Gaol-Delivery shall hold their Sessions in the chief Towns of every County where the Shire Courts there use to be holden By the Statute of 8 R. 2.2 no man of Law shall be Justice of Assize or Gaol Delivery in his own Country and the Chief Justice of the Common-Bench shall be assigned amongst others to take Assizes and to deliver Gaols but as to the Chief Justice of the Kings-Bench it shall be as for the most part of 100 years last past hath been wont to be done By the Statute of 14 H. 6.3 the Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of Peace and Truce in the City of Carlisle and not elsewhere according to the Statute of 6 R. 2 5. By Stas de Finibus levatis cap. 3.27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay associating unto him one of the most discreet Knights of the County shall deliver the Gaols The Justices shall then also Enquire Whether Sheriffs or any other have let out by Plevin any Prisoners not pleviable or have offended in any thing against the Statute of Westm 2.13 E. 1. and shall punish them according to the force of the said Statute By the Statute of 2 E. 3 2. Justices of Gaol-delivery and Oyer and Terminer procured by Great Men shall not be made against the Form of the Statute of 27 E. 1. cap. 3. And Assizes Attaints and Certifications shall be hereafter taken before Justices commonly assigned being good and lawful Men and having knowledge in the Law according to the Statute of Westm. 2.29 Ed. 1. By the Statute of 4. E. 3.2 good and discreet Persons shall be assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols Three times in the year at least Justices of Gaol-delivery shall have power to Deliver the Gaols of those that stand Indicted before the Keeâ—ers of the Peace which Keepers shalt send those Indictments before the Justices of Gaol-delivery who shall have power to Enquire of and punish Sheriffs Gaolers and others which do any thing against this Act. Judges ought not to Deliver their Opinions before-hand of any Criminal Case thaâ— may come before them Judicially For how can they â—e indifferent who have delivered their Opinions before hand wiâ—hout hearing of the party Co. 3 Inst 29. By the Statute of 19 H. 7.10 the Sheriff of every County shall have the keeping of the Common Gaol there except such as are held by Inheritance or Succession Also all Letters Patents of the keeping of Gaols for Life or Years are annulled and void Howbeit neither the Kings-Bench nor Marshalsea shâ—â—l be in the custody of any Sheriff aâ—d the Patents of Edward Courtney Earl of Devon and John Morgan for Keeping of Prisons are excepted By the Statute of 6 Hen. 8.6 the Justices of the King 's Bench have power by their Discretions to Remand as well the Bodies of Felons as their Indictments
Quarter-Sessions of which you may read more in Authors at large And this Special Sessions is also sometimes called Statute Sessions It being enjoyned by several Statutes that they with the Constables of every Hundred do meet and that Masters and Servants do appear for deciding Differences Rating Servant's Wages and bestowing of People are fit to Serve and Refuse or cannot get Masters in Service And now a word or two of their manner of Proceeding which in an ordinary way lieth in Three things 1. Information 2 Hearing and Tryal 3. In giving Judgment and doing Execution By Information the Judges of these Courts take knowledge of Offences either by presentment of Publick Officers as Stewards of Leets Supervisors of High-ways Constables or the like And these are not sent to the Grand Jury to be found by them but are a Perfect Information of themselves to which the party accused must answer And the Information given by the Jury is Two ways either by Indictment or Presentment and the Justices are to receive in this such Indictments they ought but none other and they must ex officio see they are well drawn A Justice may present Defaults as of High-ways c. upon his own View-And any Man may Inform against Offenders without danger But these Common Informers must be allowed of Record and if once turned out are never again to be admitted and must prosecute within the time limited by the Statute of 31 Eliz. and must bring his Informations in the same County and to these ends must be sworn 21 Jac. 1.4 And now we proceed to Hearing and Tryal in which are included the Calling the party his Appearance and Defence The Process for Calling the party upon Indictments for Treason or Felony is 1. Capias 2. Alias Capias 3. Exigi facias If for Indictments of Lesser offences a Venire facias and if Sufficient then Distringas and Process Infinite But if Nihil habet be Returned then Capias Alias Pluries and Exigi facias The Process upon any Indictment or Presentment for an Offence against a Statute shall be such as the Statute shall direct otherwise the Ordinary Process of the Common Law There are other Processes as Freri Facias and Capias after Judgment for doing Execution 5 amp 6 Ed. 6.14 and in some cases Elegit See 31 Eliz. 7. But touching Process Three things must be observed 1. That no Process Issue but upon Inquisition of Twelve Men or Return of a Sworn Officer some Special Cases excepted 2. They are not granted upon Suggestion by Word or Writing 3. Nor may Process Issue but Sedente Curia And sometimes the party comes in by Recognizances which are to be Certisied to the next Sessions after they are taken when and where the Appearance of the party or his Default of Appearance is Recorded and Certified And Bail is to be taken Quando stat indifferenter but not otherwise The Justices cannot Award Process upon Recognizance forfeited but must certifie the same and the cause of Forfeiture into some of the Courts of Record at Westminster That Process may Issue from thence Supersedew from above must be brought by the party at the Sessions for if he send it will scarcely be allowed If one be bound to appear at the Quarter Sessions he must appear there If at the Sessions he may appear at any Sessions Dalt J.P. 237. Certiorari coming before the day to remove the Recognizance into the Chancery or Kings Bench will discharge the appearance Dalt J. P. 237. After Appearance the Party must either confess and submit to the Fine or Traverse the Charge and if so he must be bound to Prosecute it unless it be Tryed presently which must be by Pety-Jury And this is called an Arraignment or Tryal and if they pass for the King And find him guilty of the offence or he confess it or stand out an Utlary so that it come to a Conviction Then are the Justices to give Judgment and see Execution done according to Law In which they must observe these Rules First In giving Judgment They must adjudge Men according to Law For where the Law appointeth a Corporal they may not inflict a Pecuniary Punishment Et sic è converso Neither may the change the Degree of Punishment They have power to inflict Corporal Punishments as Death cutting of the Parts of the Body Burning or Marking Imprisoning Whipping Stocking or Cucking Stool and Pecuniary Punishments as loss of Offices Lands or Goods Fines or Issues Amerciaments In fame as to Brand a Man that is Perjured that his Testimony afterwards shall be of no Credit They may not set a Fine or Amerciament but Sedente Curia and all Fines must be reasonable Where the Stature appoints a Penalty no other can be imposed neither may the Justices mitigate it after the Party is Convicted by Confession or otherwise But if the Party Indicted before his Conviction come into Court and Protest his Innocency yet Quia noluit placitare c. he putteth himeself to the grace of the Court the Justices may and do usually Impose a Moderate Fine and by Order forbear the prosecution Other Judgments being rarely or more seldom given or Executed by Order of these Courts or the Sessions But the Pillory Whipping or Fine The Execution of the two first being commonly known we shall only speake of The Fine which if it be at Common Law hath Imprisonment incident till it be paid yet in such Case the Justices may take a Recognizance for Payment of it and deliver the Party out of Prison or they may cause the Clerk of the Peace to Estreat all Fines and Amerciaments by Indenture into the Exchequer for the Sheriff to levy and they are to keep one part of the Indenture themselves Thus having giving a Short view of the Jurisdictions and Proceedings of these Justices in their Sessions I refer all other Matters concerning them and their Authority to the Authors who have written largely upon that Subject The Court of Inquiry of the Defaults of Justices of Peace Justices of Assize Sheriffs and Under-sheriffs c. THis Court is raised by the Statute of 2 Hen. 5. And is a Court only of Inquiry touching the Execution of the Statute of 13 Hen. 4 cap. 7. concerning Riots Routs and unlawful Assemblies And they are to certifie their Inquests incontinently into the Chancery As by the said Statute more at large appeareth See 19 Hen. 7. cap. 13. For the Execution of Laws in each County THe King every Michaelmas Term upon nominating six by the Justices Itinerant Three whereof are Struck out by the Lord Chancellor Treasurer and Judges out of the remaining three about Crastino Animarum yearly pricks one fit person for Sheriff of each County except for Westmoreland and Durham which are Hereditary who is to Execute the Kings Mandates and all Writs directed to him out of the Kings Courts Impannel Juries bring Causes and Criminals to Tryal and to see Sentences both in Civil and Criminal Affairs
Exectuted To attend and Guard the Itinerant Judges twice a year while in their County with great Pomp and Feasting at the Assizes and hath attendant on him his Under-sheriff Clerks Stewards of Courts Bailiffs of Hundreds Constables Gaolers Serjeants and Beadles with a Train of Servants on Horseback in rich Liveries at the Reception of the Judges He Collects all publick Profits Fines c. of the County And for Exercising his Judicial Power hath these Courts The Court of the Tourn THe Tourn called anciently Shiregmote Is a Court of Record holden before the Sheriff The ancient Institution whereof by King Alfred was before Magna Charta To hear and determine all Felonies Death of Man excepted and Common Nusances See the Charter of William the Conqueror Magna Charta and Exposition thereupon the second part of Coke's Institutes and Coke's 4 Institutes cap. 53. The Stile of this Court is Curia Visus Franc ' pleg ' Domini Regis apud B. coram Vicecomite in Turno suo And seems to have its Denomination from the French Tour i. e. Ambitus circuitus And is as much to say as The Sheriffs Course or Perambulation For which and the Articles Inquirable there See Greenwoods Jurisdiction of County Courts and other Authors at large and Coke's 4 Institutes cap. 53. And this Court is said to be Schola Insigniendi Juvenes A School to Instruct young Men in the ancient Laws of the Kingdom The Court of Leet or View of Frank-pledge THis is a Court of Record at the first derived and taken out at the Tourn because the people did undergo great trouble in travelling to the Sheriffs Tourn Leets or Views of Frankpledge were granted to Lords of Manors within certain Precincts yet this Court in whose Manor soever it is kept is still accompted the Kings Court because the Authority is Originally apertaining to the Crown and thence derived to inferior persons And whosoever hath the Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourn And Lep or Leet is a Saxon word from the Verb Zelepian z being added Euphoniae gratia i. e. Convenire to assemble together unde Conveutus And the Stile of this Court is Curia Visus Franc ' pleg ' tent ' apud B. coram A.B. Seneschallo This Court of the Leet as likewise the Tourn are Instituted for the Common Weal As for Conservation of the Kings Peace Punishment of Common Nusance as for selling Corrupt Wines and Victuals c. And by divers Acts of Parliament the Jurisdiction of this Court hath been increased to the end the Subject might have remedy and Justice at his own Door And therefore the Steward ought to be knowing in the Law for Ignorantia Judicis est calamitas Innocent is Of the Antiquity and Jurisdiction of this Court which is very ample you may Read more at large Coke's 2 Institutes Magna Charta cap. 17.35 4 Institutes cap. 54 There are Three things to be considered in holding of Tourns or Leets 1st Time which must be twice in a year viz. within one Month after Easter and one Month after Michaelmas at the Tourn after Earst No Actions Popular are to be inquired after c But only to take their Suit who are Suitors which at the Sheriffs Tourn are all Men from 12 to 60 years of age within the County Ecclesiastical Persons Peers and Women excepted and at the Leet the like Persons within the Precinct which is called Suit Real by Reason of their Allegiance to which they are Sworn to be true and Loyal to the King and to take the view c. And at the Tourn or Leet after Michaelmas then to inquire of such things which are inquirable there 2ly The place where the Leet is to be holden and that must be within the Precinct or Liberty in Loco debito cosueto and if it be done otherwise whatever is acted in it is void 3ly The Persons who are all Freeholders within the Precinct or Liberty and are obliged to come by the Service of their Fees and all others of fit age except the persons above mentioned to be excepted The Sheriff in the Tourn or Steward in the Leet as Judge hath a double Authority 1. Election of Officers 2. Punishment of Offenders And this Punishment of Offenders is in a twofold manner and in it are to be respected 1. Actus Curiae for Punition of Offences in Curia where the Sheriff or Steward as Judge may punish by Fine without Inquiry by the Country c. As if a Juror sworn refuse to make Presentment depart without giving his Verdict or refuse to be Sworn the Steward may impose a reasonable Fine upon him 2. Actus Patriae for Punishment of Offences Extra Curiam where the Jurors who are sworn have peculiar Cognizance and have Authority to Present and to Assess Amerciaments for them And the Sheriff or Steward by the Statute of 18 Ed. 1. may Inquire of several Misdemeanors from the highest Treason to the lowest Trespass tho' not here punishable He may also Impannel a Second Jury to Enquire of the Defaults and Concealments of the First and so Fine them for their offence And for default of Resiants he may compel a Stranger coming within the view to be of the Inquest And the Officers he hath Election of are The Bailiff who is to Collect the Rents and Profits of the Manor or Liberty and Give a true accompt thereof and to execute all the Precepts of the Court. The Constables who are chosen and are to see the publick peace kept Watch and Ward observed Learn the Contents of the Statute of Winchester made against Rogues c. And to punish such as play at unlawful Games The County Court THe Stile of this Court is Bucks Curia prima Comitatus E.C. Militis Vicecomiti Com. praedict ' Tent ' apud B. c. And the next Court is Curia secunda E. C. c. And soforth of the rest Of the Jurisdiction and Authority of this Court you may Read in the Statute of Magna Charta cap. 35. The Suitors are Judges except in a Redisseis in the Sheriff is Judge and a Writ of Errour lieth upon his Judgment And being no Court of Record It holdeth no Plea of any Debt or Damages to the value of Forty shillings or above Nor of any Trespass Vi armis because a Fine was due thereby to the King But of Debt Detinue Trespass and other Actions personal above Forty shillings The Sheriff may hold Plea by force of a Writ of Justicies for that is in nature of a Commission to him and is Vicountiel and not returnable And the Sheriff may before any County Court award a Summons to his Bailiff returnable within two or three days at his Discretion to Summon the Defendant by his Goods c. to answer and if the Bailiff return Nihil and the Plaintiff remove the same by a Pone into the Common-Pleas that Court shall not grant a Capias for
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
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
in the 17th year of his Reign by Charter Established in Parliament created his Son Son called the Black Prince Prince of VVales in these words De Concilio Praelatorum Comitum Baronum Communiam in Generali Parliamento nostro apud Wesmonaster ' die Lunae in Quindena Paschae proximè praeterito convocato Ipsum Edwardum Pricipem Walliae fecimus creavimus Et dictum Principatum sibi dedimus concessimus per Chartam nostram confirmavimus ac ipsum de dicto Principatu ut ibidem praeficiendo praesidiat praesidendo dictas partes dirigat defendat per sertum in Capite Annulum in Digito aureum ac virgam argenteam investivimus juxta morem Habendum tenendum de nobis sibi Haeredibus suis Regibus Angliae imperpetuum c. And in the same manner is the Noble and primary County Palatine of Chester granted to him at the same time with the same words Sibi Haeredibus suis Regibus Angliae which import a limited Fee and that by his decease or attaining to the Crown these Dignities might be Extinguished in the Crown to the end the King for the time being might have the Honour and power to create his Heir apparent Prince of VVales and Earl of Chester as he himself had been by his Progenitors But otherwise it is in the Case of the Dutchy of Cornwal Vide Coke's 4 Inst cap. 48. that being without Creation and ever since 11 Ed. 3. the First begotten Son of the King is ever Duke of Cornwal And this may suffice for a Short Survey of the Principality of Wales And now proceed to The Military Government of England THe King hath the Sole Supream Goverment Command and Disposition of the Military Power of England both by Land and Sea As is at large declared in Parliament Anno 14 Car. 2. And By Land the next under the King is the Generalissimo when in being of all his Majesties Forces in his Three Kingdoms Horse and Foot in Say as well within Garison as without These Forces in the late King Charles the Seconds time consisted of 4 Regiments of Foot The King's Regiment 24 Companies and near 1700 Men The Dukes Regiment 720 Men Another Regiment 600 Men And the Earl of Craven's Regment of 960 Men And the Earl of Oxford's Regiment consisting of 8. Troops about 500 Horse besides Officers There were likewise in King Charles the Seconds time Three compleat Troops of Horse for his Life-Guard The Kings Troop 200 Horse The Queens Troop 150 Horse and the Duke of Yorks Troop 150 Horse The rest of his Majesties Forces in constant pay were disposed under several Governors in several Garisons of which there are about Thirty two and in some of them the King had 500 Men in constant pay The pay of a Colonel of Horse 12 s. per diem A Collonel of Foot 20 s. per diem and other Officers proportionably Each of the Life-Guards 4 s. per diem And each Trooper 2 s. 6 d. per diem Each Foot Soldier in London 10 d. per diem Each Foot Soldier in Garrison 8 d. per diem These Forces were afterwards much encreased but no Orders are yet setled by Act of Parliament for these Land Forces as there are for Sea Forces But now they are settled by Act of Parliament to be 7000 natural born Subjects The Officers included Besides these Forces before mentioned the Standing Militia of the Kingdom is settled in the King by Acts of Parliament Tempore Car. 2. to be Governed Ordered and Enlarged from time to time as his Majesty shall see occasion For Government of these the King by Commission Creates divers of the Peers of the Kingdom Lieutenants of the several Counties with power to Arm Array and Form into Companies Troops and Regiments and to conduct upon occasion of Rebellion or Invasion and employ there Men so Armed within their respective Counties or into any other County as the King shall direct To give Commissions to Colonels and other Commissionated Officers To present to the King the Names of Deputy Lieutenants To charge ay person with Horse Horse-Men and Arms or Foot Soldiers and Arms within the said County proportionable to their Estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly or 6000 l. personal Estate or with a Foot Soldier unless he hath 50 l. yearly or 600 l. personal Estate Those that have meaner Estates are to joyn Two or Three together to find a Horse or Horseman or a Foot Soldier The said Horse or Foot to Muster once or twice a year and each Horse-Man while he serves to have 2 s. a day and each Foot Soldier 12 d. per diem They have likewise power to levy a Fourth part of the Tax of 70000 l. per Mensem for Ammunition And in case of Marching against an Enemy they have power to cause every Man so charged to allow each Soldier a Months pay which the King is after to pay before they be charged with another Months pay In 1588 Upon the Muster made by Commission from Queen Eliz. in expectation of the Spanish Invasion there were found to be Three Millions and of those fit for War about 600000 Men. In all times of danger some are set to watch at every Beacon to give notice in a few Hours to the whole Kingdom There were anciently many Castles in all parts of England But Inland Castles have been either demolished or willingly suffered to decay that Rebels or Invaders might have no Shelter or the Invaded any Refuge to Fly to whereby to occasion any Lingring And now we come to the Military Courts amongst which the chief is The Court of Chivalry before the Constable and Marshal THis Court is called Curia Militaris and the Marshal Court wherein the Lord Constable and Earl Marshal of England are Judges And is the Fountain of the Martial Law Constable Is compounded of two Saxon words Cunning per contractionem King Stable id est Columen q. Columen Regis anciently written Coningstable Marshal Likewise of two Saxon wards Mare for Equus and Stale for Curator The Jurisdiction is declared by the Statute of 13 R. 1. To the Constable it appertaineth to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of Things that touch War within the Realm which cannot be determined or discussed by the Common Law with other Usages and Customs to the same pertaining which other Constables have duly and reasonably used in their time joyning to the same that every Plaintiff shall declare plainly his Matter in his Petition before that any Man be sent for to answer thereunto And if any will complain that any Plea be commenced before the Constable and Marshal that might be Tried by the Law of the Land the same Complainant shall have a Privy Peal of the King without difficulty directed to the said Constable and Marshal to Purcease in that Plea
till it be discussed by the King's Council if that Matter ought and of right pertaineth to that Court Or otherwise to be Realm of England and also that they Purcease in the mean time For Tryal by Battel between the Lord Morley and the Earl of Sarum and divers others there cited See Coke's 4 Inst cap. 17. In an Appeal between Upton and Down 8 Hen. 6. after Battle joyned the King 's Writ out of the Chancery Issued to the Sheriffs of London as followeth REx c. Vic' London salutem Praecipimus vobis firmiter injungentes quod quasdam Listas Barras de Maremio fortes satis sufficientes pro quodam Duello inter Joh. Upton Appellantem Johan ' Downe Defend ' Secundum Legem Armorum die Lunae prox ' futur ' apud Westsmithfield in Suburb ' Civitatis praed ' Deodanti perficiend ' contra diem praed ' nostris Sumptibus Expensis erigi construeri fieri fac ' in Omnibus prout in Ultimo Duello ibidem facto fact fuer ' quod terra inter Listas praed ' cum sabulo sufficienter Equalitter cooperiatur Ita quod aliqui Lapides Grandes aut arena infra easdem Listas minime inveniantur quovis modo Et de omnibus singulis paecuniarum Summis quas circa praemissa aplicaveritis nos vobis in computo vestro ad Scaccarium per praesens madatum nostrum debitam allocationem habere faciemus c. And by a French Manuscript Intituled Modus faciendi Duellum Coram Rege Bone Foy Droit Ley de Armes voet quel Apellant encourge mesme peyne que le Defendant deveroit sil soit Convicte discomfit And this seemeth to be consonant to the Law of God Deut. 19 18. They proceed according to the Customs and Usages of the Court and in cases omitted according to the Civil Law Secundum Legem Armorum and therefore upon Attainders before the Constable and Marshal no Land is Forfeited or corruption of Blood wrought It was resolved in the Reign of Queen Eliz. in the Case of Sir Francis Drake who struck off the Head of Dowty in Partibus transmarinis That his Brother and Heir might have an Appeal Sed Regina noluit constituere Constabularium Angliae c. ideo dormivit Appellum The Proceeding and Sentences here is upon Witnesses or Combat and not by Jury and after Sentence in this Court in Case of Arms the party grieved may Appeal to the King What Judgment shall be given when either party is vanquished and when Tryal by Battel shall be for things within the Realm before the Justices of the King's Bench or Common Pleas Vide Coke's 4 Institutes cap. 17. Crompton's Jurisdiction of Courts Fol. 82. The effect of the Grant of the Office of Constable is in few words Officium Constabularij Angliae unacum Omnibus Feodis proficuis comditatibus Emolumentis quibuscunque Offico praedicto qualitercunque pertinentibus ab antiquo debitis consuetis And now as in some respects incident to this Court as being created by the Earl Marshal we shall in the next place speak somewhat of The Colledge of Heralds OF this Collegiate Society are Three Stiled Reges Armorum Anglorum Kings at Arms the principal of which is called Garter Instituted by King Henry the 5th whose Office is to attend the Knights of the Garter at their Solemnities To Advertise them of their Election And to call them to be Installed at Windsor To cause their Arms to be hung upon their Seats there To carry the Garter to Kings and Princes beyond Seas for which purpose he was wont to be joyned in Commission with some principal Peer of the Realm and to Marshal the Solemnities and the Funerals of all the Higher Nobility of England The next is Clarencieux So called from the Duke of Clarence to whom he first belonged which Dukedom Escheating to King Edw. the 4th by the Death of his Brother George Duke of Clarence he made this Herald a King at Arms and named him Clarencieux in French and Clarentius in Latin His Office is to Marshal and dispose the Funerals of the Lesser Nobility as Baronets Knights and Gentlemen on the Southside of Trent and therefore sometimes called Surroy or Southroy And then Norroy or Northroy whose Office is to do the like on the Northside of Trent And these Two last are called Provincial Heralds These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms and Ensigns and with Garter to direct the Heralds And next are the Six Heralds anciently belonging to Dukes have been sometime named Dukes at Arms and are thus called and ranked Windsor Richmond Chester Sommerset York and Lancaster Their Office anciently was to attend Dukes in Marshal Execution now to wait at Court attend publick Solemnities Proclaim War and Peace c. And perhaps named Heralds from the German Here and Healt that is The Armies Champion to denounce War or offer Peace as the Feciales of the Romans did These wait by turns upon the Kings at Arms and have part of their Fees And of these antiently were many as likewise of Pursuivants But now there are but Four Pursuivants named Rouge Crosse Rouge Dragon Portcullice and Blewmantle from such Badges heretofore worn by them as is throught These King's Heralds and Pursuieants were anciently Crowned and had their Creation from the Kings Hand But of later times the Earl Marshal hath had a Commissions for every particular Creation by Letters Patents The manner whereof you may see in the Present State of England They were incorporated by King Richard the 3d and afterwards had another Charter of Priviledge by King Edward 6th in the Third year of his Reign The Duty of the whole Colledge is to Marshal and Order Coronations Marriages Christnings Funerals Interviews Feasts of Kings and Princes Cavalcades Justes Tournaments Combates before the Constable and Marshal c. Also they take care of the Coats of Arms of the Genealogies of the Nobility and Gentry and whatsoever concerns Honour is their Care and Study They are Tanquam sacrorum Custodes Templi Honoris Aeditui All these receive Annual Stipends out of the Exchequer Are all to be Gentlemen at least and the Six Heralds at their Creation are expresly made Esquires by the King When Capias or Exigent are awarded against a Peer or Baron he may have a Writ to command that they Sue out no other Process against him than what they ought to have against Lords and Great Men which come to the Parliament by the ancient Laws and Customs of England Edmond Dein Court of Langley in Com' Lincoln ' By Letters Patents from Ed. 2. had License to Assign his Surname Arms and Possessions which 19 E. 2. he accordingly did But the Lord Hoc Tempore Edw. 4th Granting his Name Arms and Dignity over without the King's License the same was in Parliament adjudged void
The Grant of Earl Marshal of England by Letters Patents of Rich. the 2d and other Grants thereof you may see more at large Coke's 4 Institutes cap. 17. The Maritime Power of England ALL the King 's Maritime Forces are under the Command of the Lord High Admiral of England so called from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek that is Praefectus Marinis A compound word from the Eastern Empire introduced into England after the Wars in the Holy Land by King Richard or King Edward the first His Patent was antiently Angliae Hiberniae Acquitaniae Magnus Admirallus But now it is Angliae Hiberniae Dominiorum Insularum eorundem Villae Calesiae Marchiarum ejusdem Normandiae Gasconiae Acquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum And this Office for the Great Trust and Honour is usally given to the King 's younger Son near Kinsman Or one of the Principal Nobility He hath power to Commissionate a Vice-Admiral a Rear-Admiral All Sea Captains And also Deputies for particular Coasts Coroners Commissioners and Judges for the Court of Admiralty to Imprison Release c. and sometimes to confer Knighthood on such as deserve it at Sea To him by Law and Custom belong Penalties and Amerciaments of Transgressors at Sea on the shore in Ports and from the first Bridge on Rivers towards the Sea Also the Goods of Pirates Felons or Capital Faulters condemned Outlawed or Horned All Waifs Strays Goods Wrecks of Sea Deodands a share of lawful Prizes Lagon Jetsam and Flotsam that is Goods lying in the Sea on the Ground Goods Floating on the Sea and Goods cast by the Sea on Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea-Hogs and others of Extraordinary bigness called Royal Fishes Except Whales and Sturgeons To the Crown of England belongs the Sovereignty of the Narrow-Sea round the Island of Great Britain whereof by Ancient Right it hath had Possession in all times and King Edgar stiled himself Sovereign of the Narrow-Seas In Testimony whereof the Swedes Danes Hollanders c. were wont to aske leave to pass the British-Seas and to take Licenses to Fish therein And to this day Strike Sail to all the Ships of War belonging to the King of England as oft as they pass by any of them thereby acknowledging his Sovereignty according to an Ordinance made at Hastings in Sussex by King John about 450 years ago To maintain this Right Protect Trade and Defend their Kingdoms The Kings of England have Ships of War for Strength Beauty and Sailing Surpassing all other in the World of these such as Ships then were King Edgar is said to have 3600 And the late King Charles had 7 of the First Rate 9 of the Second Rate 22 of the Fifth and 18 of the Sixth Rate besides 30 Fireships and several Small Vessels for Tenders and Victuallers The Royal Sovereign Built by King Charles the first 1637 being of the First Rate was in Length by the Keel 127 Foot in Breadth by the Beam 47 Foot in Depth 49 Foot her Draught of Water 21 Foot Burthen in all 2072 Tunns and 1492 Tunns besides Guns and Tackle hath 6 Anchors the biggest 6000 l. weight and the least 4300 l. weight 14 Cables the greatest 21 Inches compass and weighs 9000 l. weight the least 8 Inches compass weighing near 1300 l. weight 18 Masts and Yards the Main Mast 113 Foot long and 38 Inches Diameter the Main Yard 105 Foot long and 23 Inches Diameter and her Main Top 15 Foot Diameter Had 10 several sorts of Sails Her greatest called the Main Course contained with her Bonnet 1640 yards of Canvas Ipswich double The least called the Foretop Gallant Sail 130 yards of Canvas The compleat suit cost 404 l. The weight of Sea store in point of Ground Tackle and other Cordage 60 Tuns 800 and odd Pounds Shee carried a Long boat of 50 Foot a Pinnace of 30 Foot and a Skiff of 27 Foot long The weight of her Rigging 33 Tun She hath 3 Tires of Guns 44 in the Upper 34 in the Second and 22 in the Lower Tire in all 100 Guns She carried Officers Soldiers and Mariners in all 850 Men. The charge for Victuals Ammunition Wages Wear and Tear every Month at Sea costs 3500 l. The Charge of Building a First Rate Ship with Guns Tackle and Rigging doth usually amount to 62432 the lesser Rates Charge is proportionable A Second Rate carries from 56 to 80 Guns A Third Rate from 58 to 70 Guns A Fourth Rate from 40 to 60 Guns A Fifth Rate from 24 to 32 Guns A Sixth Rate from 6 to 18 Guns The Lord High Admiral may fitly be reputed Vice-Roy of the Maritime Kingdom of England Nam in Mari sunt Regna distincta idque Jure Gentium sicut in arida Terra The Vice-Admiral is an Officer to whom next under the High Admiral it belongs to see the Royal Navy kept in good Repair The Wages of Mariners and Shipwrights duly paid and the Ships provided of all things necessary The Lord High Admiral doth appoint in divers parts of the Kingdom Vice Admirals with their Judges and Marshals by Patent under the Great Seal of the Admiralty These do Exercise Jurisdiction in Maritime Affairs within their Limits and if any be aggrieved by their Sentence or Decree he may Appeal to the High Court of Admiralty and of these round the Coasts are about 22 in England and Wales The Lord High Admiral hath Courts for the Maritime Affairs whereof the Principal is at London and called The Court of Admiralty IN this Court Erected as some hold by Edward the Third The Lord Admiral hath a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law Because The Proceeding is in all Civil Matters according to the Civil Law The Sea being without the Limits of the Common Law and by Libel they Proceed to the Action the Plaintiff giving caution to prosecute the Suit and to pay what shall be adjudged against him if he fail therein The Defendant also giving Security or Caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratify whatever his Proctors shall do in his name Besides the Civil Law The Laws of Rhodes and Oleron are here used The former for their Excellency being Incorporated into the Volumes of the Civil Laws And Oleron being an Island in the Bay of Aquitain belonging to the Crown of England King Richard the first there Compiled such Excellent Laws for Sea Matters that in the Ocean Sea Westward they had almost as much Repute as the Rhodian Laws in the Mediterranean and these Laws were called La Rool de Oleron Many Statutes and Ordinances were made by King Edward the Third and other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and
Messina yet that Fragment of the Rhodian Law still extant holds the Preeminence in Maritime Affairs The Customs and former Decrees of the English Court of Admiralty are there of Force for deciding Controtroversies And under this Court there is also A Court of Equity for determining Differences between Merchant and Merchant In Criminal Affairs which is most commonly about Piracy The Proceeding in this Court was by Accusation and Information by a Man 's own Confession or by Eye witnesses he was found Guilty before he could be Condemned But that being found inconvenient there were two Statutes made by King Henry the Eighth that Criminal Affairs should be Tried by Witnesses and Jury and that by Special Commission from the King to the Lord High Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes as is herein after mentioned Between the Common Law of England and the Civil Law there seems to be Divisum Imperium For in the Sea so far as the Low Water mark is counted Infra Corpus Comitatus adjacentis and Causes there arising determinable by the Common Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea Flows over Matters done between the Low Water mark and the Land as appears in Hen. Constables Case Coke's 5 Rep. fol. 107. But for these Limitations and Jurisdictions of the Court of Admiralty see the Statutes above mentioned And the Statute of 13 R. 2. 15 R. 2. 27 Eliz. cap. 11. Coke's 4 Inst cap. 22. And for regulating his Majesties Navies Ships of War and Forces by Sea Vide le Statute of 13 Car. 2. cap. 9. And now as pertinent hereunto we shall say somewhat of The Navy Office THe Treasurer is to Receive out of the Exchequer by Warrant from the Lord High Treasurer of England and pay all charges of the Navy by Warrant from the principal Officers of the Navy his Salary is 220 l. 13 s. 4 d. besides 3 d. in the pound of all Moneys paid by him The Comptroller of the Navy who is to Attend and Comptrol all Payment of Wages To know the Market Rates of all Stores belonging to Shipping To Examine and Audit all Treasurers Victuallers and Store-keepers Accompts c. his Salary 500 l. per Annum The Surveyor of the Navy whose Office is generally to know the State of all Stores and see the wants supplied to find Hulls Masts and Yards and Estimate the value of Repairs by Indenture to charge all Boat-swains and Carpenters of his Majesties Navy with what Stores they receive and at the end of each Voyage to State and Audit their Accompts his Salary 490 l. The Clerk of the Acts is to Record all Orders Contracts Bills Warrants and other Transactions by the Principal Officers and Commissioners of the Navy The Commissioners of the Navy whose Office is as above specified and Salary to each is 500 l. yearly Two other Commissioners to be at Portsmouth and Chatham always in readiness to give Orders for better Management of his Majesties Affairs in his Yards and Store-houses Salary to each 350 l. Each of these Officers above-named have Two Clerks and some more all paid by the Treasurer of the Navy All hold their Places by Patent from the King and most of them during pleasure The King hath for his Navy Royal and Stores Four Great Yards or Store-Houses viz. at Chatham Deptford Woolwich and Portsmouth where his Ships are built Repaired and Laid up after their Voyage In which Yards are employed Divers Officers of which Six are principal The Clerk of the Check Salary about 180 l. per Annum Store-Keepers Salary 286 l. per Annum Master Attendants Two at Chatham 100 l. per Annum Master Shipwright Salary about 113 l. per Annum Clerk of the Comptooll 100 l. per Annum Clerk of the Survey 140 l. per Annum The Charges of their Clerks and Instruments are included in their Salaries His Majesty hath Divers Rope-Yards as at Chatham Deptford VVoolwich and Portsmouth where are made the Cable and Cordage for his Navy In time of War the King hath a Yard at Harwich where out of War is continued An Officer at 100 l. yearly This whole Navy Office is govern'd by The Lord Admiral whose Lieutenant Admiral hath Salary 20 s. per diem and 10 l. per Mensem for each Servant whereof he is allowed 16. The Lord Admiral 's Secretary hath a Salary from the King of 500 l. per Annum All the Under Officers as well those in Yards as those belong to Ships hold their Places by Warrant from The Lord High Admiral of England The Ordinary Charge of the King's Navy in time of Peace is scarce 70000 l. per Annum besides the Building of Ships Setting out Fleets c. which some years even in Peaceable Times amounts to 12 or 1300000 l. more as may easily be computed The Court of Commission by force of the Statute of 28 H. 8. cap. 15. THis Court must be held coram Admirallo Angliae seu ejus Locum tenente and Three or Four such other substantial Persons as shall be Named by the the Lord Chancellor Their Jurisdiction is to hear and determine all Treasons Felonies Robberies Murders and Confederacies committed or done upon the Sea c. These Offences shall be heard and determined according to the Common Law and therefore some of the Judges of the Realm are ever in Commission The Mischief before making this Statute you may see Co. 3 Inst cap. Piracy Vide Co. 4 Inst The Port Courts A Port-Mote is a Court kept in Haven Towns or Ports and thereof taketh his Name Curia Portus Portus à portando Est locus in quo Exportantur Importantur Merces and they are Portae Regni The Gates of the Realm Hitha and Heda often in Doomsday is taken for a Haven or Port anciently written Hafne and now Haven and hereof cometh Queen-Hith in London and Lambhith Every Haven is within the Body of the County whereof see more in Coke's 4th Institutes Court of Admiralty and the Statute of 43 Eliz. cap. 15. Commissioners and others for Beacons Signs of the Sea Light-Houses Sea-Marks and concerning Watches BEacon is from the Saxon Bechan which is Signum dare and we use the word to Becken at this day Before Edward the Third they set Stacks of Wood in High Places but in his time Pitch Boxes as now they be were set up and this is properly called a Beacon Light-Houses Ignes Speculatorij seu Lumen Maritimum are properly to direct Sea-faring Men in the Night when they cannot see Marks and these also Signa speculatoria sui Pharus unde Versus Lumina Noctivagae tollit Pharus aemula Lunae Sea-Marks as Steeples Churches Castles Trees and such like for direction of Seafaring Men in the Day time are called signa Marina or Speculatoria or signa Nautis whereof Virg. 5 Aeneis Hic
viridem Aeneas frondenti ex ilice Metam Constituit signum Nautis pater unde reverti Sciverit longos ubi circumflectere Cursus At the Common Law none could Erect any of these Three but the King It being done ever by the King's Commission under the Great Seal But of later times by Letters Patents to the Lord Admiral he hath power to Erect the same By the Act of 8 Eliz. the Master Wardens and Assistants of Trinity-House of Deptford Stroud a Company of the chiefest and most expert Masters and Governours of Ships shall and may lawfully from time to time at their will and pleasure and at their costs Make Erect and Set up such and so many Beacons Marks and Signs for the Sea in the Sea-shoars and Upland places near the Sea-coasts or Forelands of the Sea only for Sea Marks as to them shall seem most meet whereby the Dangers may be avoided and Ships the better come to their Ports And all such beacons Marks and Signs so by them to be Erected shall be continued renewed and maintained from time to time at the Costs and Charges of the said Master Wardens and Assistants If any cut down c. any Beacon c. by the Statute of 8 Eliz. 13. he shall incur the Penalty therein mentioned which if he be not able to pay he shall be ipso facto convict of Utlawry Vide Coke's 4. Inst. cap. 25. The Transcript of a Manuscript Ordination which hath been observ'd for Watch to be kept in the County of Norfolk from Lyme to Yarmouth and it is very probable the like hath been done by like Authority in other Maritime Counties Vide Stat. 5 H. 4. cap. 3. Watches to be made in the Sea Coasts in places of Danger through the Realm by the Number of People and in manner they were wont to be made in times past De Conservatore Treugarum i. e. Induciarum Salvorum Regis Conductuum BY 2 H. 5. Conservatorum Induciarum salvorum Regis conductuum was Praised and Appointed in every Port of the Sea by Letters Patents His Office was to Inquire of all Offences done against the King's Truces and fafe Conducts upon the Main Sea out of the Counties and out of the Liberties of the Cinque-Ports as Admirals of Custom were wont It concerns the Jurisdiction of divers Courts especially the Court before-mentioned upon the Statute of 28 H. 8. and of the Court of Admiralty to know the Rights of Leagues and Ambassadors as far as the Laws of England Extend unto All Leagues or Safe Conducts are or ought to be of Record Inrolled in Chancery that the Subject may know who may be in Amity with the King and who not who be Enemies and can have no Action here and who in League and may have Actions Personaâ— here In all Treaties the Power of the one and the other ought to be Equal A League may be broken by Levying of War or by Ambassador or Herald Bryan 19 E. 4. held if all the Subjects in England would make War with a King in League with the King of England without the Assent of the King of England yet such a War was no breach of the League See 2 H. 5. cap. 6. in the Preamble But in the Duke of Norfolk's Case 14 Eliz. the Question was Whether the Lord Herise and other Subjects of the King of Scots who without his Consent had wasted and burnt divers Towns in England and Proclaimed Enemies were Enemies in Law within the Statute of 25 E. 3. the League being between the King and Scotland and Resolved they were Enemies And in the Bishop of Rosse's Case Anno 13 Eliz. The Question being An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati Privilegiis gaudeat non ut Hostiis Poenas subjaceat and Resolv'd he had lost the Priviledge of an Ambassador and was subject to Punishment Ambassadors were called Orators afterwards Legati à legando Nuntij à nâ—nciando and afterwards Ambassiatores or Embassatories and sometimes Agents For Omnis Legatus est Agens sed Omnis Agens non est Legatus In Sam. Palach's Case 12 Jac. 1. affirming himself to be Ambassador of Mula Sedan King of Morocco mentioned Coke's 4 Inst. cap. 26. It was Resolv'd there could be no Ambassador without Letters of Credence from his Sovereign to another who had Sovereign Authority and although in his Letters of Credence he be termed an Agent or Nuntius yet in such Case he is Ambassador or Legate And it was likewise Resolv'd That Ambassadors ought to be Free and Safe in every place by the Law of all Nations yea although they be Ambassadors of our Enemies or a Banish'd Man be sent to the place from whence he is banish'd And in the Case of Cardinal Poole fled to Rome from Henry the Eighth the Pope sent him Ambassador to the French King the King of England Demandeth him as a Traytor from the King notwithstanding he was sent Ambassador sed non praevaluit But if a Sovereign Ambassador being Prorex committeth here any Crime which is contra jus Gâ—ntium as Treason Murder Adultery c. he may be punished as another private Alien and not remanded to his Sovereign but of Courtesie And so of Contracts that be good Jure Gentium he must answer here but if any thing be Malum prohibitum by an Act of Parliament Private Law or Custom of this Realm which is not Malum in se Jure Gentium nor contra Jus Gentium an Ambassador residing here shall not be bound by them but otherwise it is of the Subjects of either Kingdom Vide Information upon the Statute of 19 H. 7. cap. 1. Coke's 4 Inst. cap. 26. concerning Prohibited Goods brought hither See more in Palach's Case Where one may not be Indicted of Piracy for taking the Goods of the Subjects of an Enemy Prince solo Amici and where The Court of Admiralty shall have the Jurisdiction and where not And now a word or two concerning Leagues of which are four kinds I. Foedus Pacis and that a Christian Prince may have with an Infidel Si fieri possit quod ex vobis est cum omnibus hominibus Pacem habeatis 2. Foedus Congratulationis sive Consolationis And this a Christian Prince may make with an Infidel as David did with Hanon I Chron. 19.2 3. Foedus Commercij sive Commutationis Mercium And this also may be made with an Infidel as King Solomon did with Hiram and Joshua did with the Gibeonites 4. Foedus Mutuâ— Auxilij And this cannot be done with an Idolater Jehosaphat King of Judah made Foedus mutui auxilij with Ahab King of Israel an Idolater For Ahab said to Jehosaphat Veni mecum in Ramoth Gilead cui ille respondet Ut ego tu sicut populus tuus sic populus meus tecum erimus in Bello In which War Ahab was slain and Jehosaphat in extream danger But seeing Foedus Pacis and Foedus
Hath the Oversight of all the Officers of the Wardrobes at all his Majesties Houses and of the removing Wardrobes of the Tents Revels Musick Comedians Hunting Messengers Trumpetters Drummers of all Handicrafts and Artisans Heralds Pursuivants Serjeants at Arms Phisicians Apothecaries Chyrurgeons Barbers c. and Chaplains although himself be a Layman Also the charges of Coronations Marriages Entries Cavalcades Funerals c. His Fee is 100 l. yearly and 16 Dishes each Meal with the Appurtenances And most of the Places before mentioned are in his Gift or Disposal The Master of the Horse is the Third Great Officer And hath now the ordering of the King's Stables and Races and Breed of Horses and hath Power over Escuries and Pages over Footmen Grooms Riders of the Great Horse Farriers Smiths Coachmen Sadlers and all other Trades working to the King's Stables To all whom he or by his Warrant the Avenor giveth an Oath to be True and Faithful He hath the charge of all Lands and Revenues appointed for the King's Breed of Horses and Charges of the Stable and for Litters Coaches Sumpter horses c. He only hath priviledge to make use of any Horses Pages or Footmen belonging to the King's Stables At Solemn Cavalcades he Rides next the King and leads a Leer Horse of State His Fee is 666 l. 16 s. 4 d. yearly And a Table of 16 Dishes each Meal Under these Three principal Officers of his Majesties Houshold are almost all other the Officers and Servants The Compting House SO called because Accompts for all Expences of the King's Houshold are there daily The Lord Steward The Treasurer of the Houshold The Comptroller The Cofferer The Master of the Houshold The Two Clerks of the Green Cloth And the Two Clerks Comptrollers who also make Provisions for the Houshold according to the Law of the Land and make Payments and Orders for well Governing of the Servants of the Houshould And the Cofferer is to pay the Wages of the King's Servants below Stairs and the Lord Chamberlain above Stairs Vide 39 Eliz. cap. 7. And he is accomptable in the Exchequer for about 40000 l. And in the Compting House is The Court of Greencloth SO called of the Green Cloth whereat they sit and is composed of the Persons last above mentioned whereof the Three first are usually of the King 's Privy Councel To this Court being the first and most ancient Court of England is committed the Oversight of the King's Court Royal for Matters of Justice and Government with Authority for maintaining the Peace within Twelve Miles distance wheresoever the Court shall be and within the King's House the Power of correcting all the Servants therein that shall any way offend The Treasurer of the King's Houshold in the absence of the Lord Steward hath Power with the Comptroller and Steward of the Marshalsea to Hear and Determin Treasons Felonies and other Inferiour Crimes committed within in the King's Palace and that by Verdict of the Houshold He bears a White Staff and his yearly Fee is 124 l. 14 s. 8 d. And a Table of 16 Dishes each Meal The Comptrollers Office is to Comptrol the Accompts and Reckonings of the Green Cloth and his yearly Fee is 107 l. 12 s. 4 d. And bears a White Staff and hath 16 Dishes each Meal The Cofferer is a principal Officer and hath special charge over other Officers of the House for their good Demeanor and Carriage and is to pay the Wages to the King's Servants and for Provisions by the Direction of the Green Cloth He hath a Fee of 100 l. yearly and a Table of 7 Dishes daily The Master of the Houshold is the next Officer who is to Survey the Accompts of the House His Fee 100 Marks and 7 Dishes daily Two Clerk's Comptroller's are to Tolt and Allow all Bills of Comptrolment Parcels and Brievements And the Two Clerk's of the Green Cltth are to Sum them up And the Fee to each of these Four Clerks is 48 l. 13 s. 4 d. And between them Two Tables of 7 Dishes to each Table The rest of the Compting House being less considerable we pass over And come to give a brief Accompt of the Officers or persons in the several Offices As first in the Acatery is a Serjeant a Clerk Purveyors Yeomen In all Twelve Poultry a Serjeant a Clerk Yeoman Grooms Purveyors in all Ten. Bakehouse a Serjeant Clerk Yeomen Grooms and Pages in all Eighth Woodyard a Serjeant a Clerk Yeomen Grooms and Pages in all Eight Scullery a Serjeant a Clerk Yeomen Grooms and Pages in all Twelve Lardour a Serjeant Clerk Three Yeomen Three Grooms Two Pages Pastry a Serjeant a Clerk Yeomen Grooms and Children in all Eleven Pantry a Serjeant a Yeomen Grooms Pages Cellar a Serjeant a Gentleman Yeomen Grooms Purveyors Pages in all Twelve Buttery a Gentleman Yeoman Grooms Pages Purveyors in all Eleven Pitcher-house a Yeoman Grooms Page and Clerk in all Five Spicery Three Clerks and a Grocer Chandlery a Serjeant Two Yeomen Two Grooms and a Page Wafery a Yeoman and a Groom Confectionary a Serjeant Two Yeomen a Groom and a Page Ewry a Serjeant a Gentleman Two Yeomen a Groom and Two Pages Laundry a Yeoman a Groom Three Pages and a Draper Kitchen Three Clerks to the King and Two to the Queen The chief of these Clerks hath a Fee and Diet equal to an Officer of the Green Cloth A Master Cook to the King A Master Cook to the Queen A Master Cook to the Houshold each of these Three a Table of 5 Dishes Six Yeomen Seven Grooms Five Children in all Twenty six Persons Boyling House a Yeoman Two Grooms Scalding House Yeoman Grooms and Pages in all Six Harbingers Office a Knight Three Gentlemen and Seven Yeomen Harbingers The Knight Harbingers Office is by Letters Patent under the Great Seal of England during Life So oft as the King goes broad either in England or beyond Seas He doth by himself or his Deputy provide and appoint all Lodgings and Harbingage for all Great Persons All Noblemen Bishops All his Majesties Servants and Attendants and for all other his Liege People for Ambassadors and Foreigners c. His Salary 20 Marks per Annum and 10 s. per diem Out of the Exchequer besides Fees for Honour given by the King and Homage done to his Majesty and divers other Perquisites Porters at Gate a Serjeant Two Yeomen Four Grooms Clerks of the Carriage Two Yeomen Cart Takers Six in Number Surveyors of the Dresser Two one above Stairs and another below Marshals of the Hall Four Sewers of the Hall Five Waiters of the Hall Twelve Messenger of the Compting House One Bellringer One Long Cart Takers Four Wine Porters Eight Woodbearer One The Cock of the Court One. Besides the aforesaid Officers bâ—low Stairs there are also under the Loâ—d Steward all the Officers belonging to the Queens Kitchin Cellar Pantry c. And to the Kings Privy Kitchin and to the Lords Kitchin together with
Children Scourers Turnbroachers c. In all Sixty eight These Officers according to their Degrees are named Lords Knights Esquires Serjeants Gentlemen Clerks Yeomen Grooms Pages or Children and these Succeed each other as they Outlive those next Degree above them As likewise from the Pastry to the Acatery as the Clerk of one Office dies the next succeeds And as the Clerk of the Avenary Spicery or Kitchin dies The Clerk of the Acatery succeeds and from thence to be one of the Clerks Comptrollers Then Clerk of the Compting House Then Master of the Houshold Lastly Cofferor of the Houshold Higher than which he cannot rise by Succession Although the King pays but the ancient Fees which at first were above Ten times the value Yet the perquisites in many Offices make sometimes a place of 10 l. worth near 500 l. per Annum The Knight Marshal CAlled Mareschallus Hospitij Regis hath Jurisdicton and Cognizance of all Crimes within the Royal Palace where one of the Parties is the Kings Servant He is one of the Judges of the Court called The Marshalsea or Marshals Seat of Judicature which is held in Southwark and hath a Prison belonging to the same Upon Solemn Occasions he Rides before the King with a Short Baston Tipt at both Ends with Gold and hath Six Provost Marshals Or Virgers in Scarlet Coats to wait on him and to take care of the Royal Palace That no Beggars Vagabonds Common Whores Malefactors c. come within or near And now we are led to speak of the Marshals Court before mentioned And called The Court of the Marshelsea THis is an ancient Court of Record Ordained to determine Suits between those of the King's House and others within the Verge The Judges are the Steward and Marshal of the King's House who have Cognizance of all manner of Pleas of Trespass within the Verge so as either party be of the same House and of all other Actions personal wherein both Parties are the King Servants and this is the proper Jurisdiction of the Marshal's Court. And a Man shall have Amercement in an Action brought against him in the Court of the Steward and Marshal when he is not of the Kings House when the Trespass or Contract was made or when the Plaintiff was not of the Kings House at that time F. N. B. 141. Error in this Court for that neither of the parties was of the Kings House at the time of Suit brought or for that it is not shewn that the Plaintiff nor Defendant were of the Kings House at that time or afterward and every other Cause of Errour there shall be amended in the King's Bench 5 10 E. 3. c. 3. And having taken some short remarks upon the Marshalsey we come next to The Court of the Palace CUria Palatij was Erected by King Charles the First By his Letters Patents dated the 2d of July Anno Regni sui sexto And made a Court of Record called the Court of the Kings Palace at Westminster For the Tryal of all Personal Actions between Party and Party The Liberty whereof extends 12 Miles round Whitehal which Jurisdiction was confirmed by King Charles the Second The Judges of this Gourt are the Stewards of the Kings House and Knight Marshal for the time being and the Steward of the Court or his Deputy being always a Lawyer This Court is kept every Fryday in th Court House on St. Margarets-Hill in Southwark and may be held in any place within the Jurisdiction The Proceeding is by Capias or Attachment which is to be served upon the Defendant by one of the Knights Marshals Men who taketh Bond with such Sureties for the Defendants Appearance at the next Court as he will be answerable for The Process may may be had at several places within the Liberty of the Court appointed by the Steward which every Marshals Man can help you to The Defendant upon Appearance must put in Bail to Answer the Condemanation of the Court which if he neglect to do the Plaintiff may have the Bond for appearance assigned over to his use The next Court after Ball put in The Plaintiff ought to Declare and set forth the cause of his Action and so afterwards proceed to Issue and Trial by Jury according to the course of the Common Law and that in Four or Five Court days They hold Pleas of all manner of Personal Actions as Debt Trespass Battery Slander Trover and all Actions of the Case c. But usually if the Cause be considerable as above Five pound they carry the Cause away by an Habeas Corpus cum causa into the King's Bench or Common-Pleas The Fees of the Palace Court or Marshalsea as granted by the Letters Patent You may see at large in the Compleat Sollicitor The Court of the Lord Steward Treasurer and Comptroller of the Kings Houshold concerning Felony c. THey or any of them have Authority to Inquire by 12 Sad Men and Discreet Persons of the Cheque Roll If any Servant in the Cheque under the State of a Lord make any Confederacies Compassings Conspiracies or Imaginations with any Person or Persons to Destroy or Murder the King Or any Lord of this Realm Or any Person Sworn to the King's Councel Or the Steward Treasurer or Comptroller of his Houshold And if it be found then to be put to Tryal by 12 other Sad Men of the Houshold and no Challenge to be allowed but for Malice And if they are found guilty then to be adjudged Felony Vide le Statute 3 Hen. 7. cap. 14. The Court of the Lord Steward of the King's House Or in his Absence of the Treasurer and Comptroller and Steward of the Marshelsea THey or Two of them whereof the Steward of the Marshelsea to be One by vertue of their Offices without any Commission Have Authority by the Act of 33 Hen. 8. cap. 12. The said Steward of the Marshalsea being from time to time appointed by the Lord Great Master or Lord Steward for the time being And whether the King be removed from his Palace House or Houses or not removed before such Offence Inquired of Tryed Heard and determined the said Officers shall have a power to Inquire by Verdict of the King's Houshold-Servants within the Cheque Roll of all Persons slain within the King's House or where he shall abide before the Coroner of the King's Houshold And all Officers named in the Act upon Precept to them have Power to Summon 24 Persons Yeomen of the Houshold to Enquire of Treasons Misprisions of Treasons Murders Manslaughters or other Malicious Strikings where Blood is or shall be shed against the King's Peace Upon the Presentment Inquisition or Indictment found and certified by the Coroner The Judges or Two of them whereof the Steward of the Marshalsea to be one shall make another Precept to the Clerks and other Officers of the Houshold who have thereby power to warn another Jury of 24 Gentlemen of the King's Chamber and other
Servants of the Houshold at a Day Place and under a pain therein appointed to appear whereof the Judges or Officers before whom they shall be returned shall cause 12 without Challenge to be allowed except for Malice To try the Offenders and if they are Found Guilty of Treason Murder or Manslaughter they shall have Judgment of Life and Member and other Forfeitures as if Tried by the Common Laws of the Realm If Guilty of Strking whereby Bloodshed Then to have his Right hand stricken off Imprisonment during Life and Fine and Ransom at the Kings Pleasure The Execution to be done in the Solemn manner by the Act directed A Cryer to be appointed from time to time to call Juries make Proclamations and do other things belonging to the Cryer of the Court. The Coroner to be appointed from time to time by the Lord Steward Tryal of Peers as hath been used The Priviledges and Authorities of the Marshalsea Court within the Verge saved The Limits and Bounds of the said House or Houses to be for these offences within all the Edifices Courts c. within the Porters Ward or within 200 Foot of the Standard of any Gate or Gates of the said Houses This Act extends not to any Nobleman or other Person that shall Strike to correct his Servants or any of the Councel or other Head Officers Striking with their Hand of small Strick in Executing their Office To Steal the Kings Goods or entring his House to Steal shall be Felony Vide le Statute at large The Servants in Ordinary above Stairs THe Groom of the Stole that is according to the Greek from whence the Latin and French derive it Groom or Servant of the Robe or Garment he having the Honour to present and put on His Majesties first Garment or Shirt every Morning and to order things of the Bed-chamber The Gentlemen of the Bed-chamber consisting of the prime Nobility of England Their Office in general is To Wait a Week in every Quarter by Turn in the King's Bed-chamber there to lye by the King in a Pallat-Bed all Night and in the absence of the Groom of the Stole to supply his place Moreover they Wait on the King when he eats in private for then the Cup-bearer Carver and Sewers do not Wait. The Fee to each is 1000 l. Of these are Fourteen or more Then there is The Vice-Chamberlain The Keeper of the Privy-Purse Treasurer of the Chamber He pays Riding and Lodging Wages as the Lord Chamberlain shall direct The Master of the Robes belonging to His Majesty's person who is to have the ordering of all His Majesty's Robes as those of Coronation St. George's Feast Parliament and of all His Majesty's Wearing Apparel of his Collar of Esses Georges and Garters beset with Diamonds and Pearls Grooms of the Bed chamber ought to be Twelve these are to be under the Degrees of Knights Their office is to Attend in the King's Bed-chamber to Dress and Undress the King in private and the yearly Fee to each is Five hundred pounds Pages Six whereof one is Keeper of the King's Cabinet Closet Gentlemen Ushers of the Privy-chamber These Wait one at a time in the Privy Lodgings c. and are Four Gentlemen of the Privy Chamber in Ordinary Forty eight Quarter-Wainters by Turns Their office is Twelve every Quarter to Wait on the King's Person within Doors and without so long as he is on Foot and when the King eats in the Privy Chamber they wait at the Table and bring in his Meat they Wait also at Reception of Ambassadors and every Night lye Two of them in the King's Bed-chamber A Gentleman of the Privy Chamber by the King's Commandment only without any written Commission is sufficient to Arrest any Peer of England as Cardinal Woolsey acknowledged These wear Cloak and Sword Grooms of the Privy Chamber in Ordinary Six all Gentlemen of Quality These as all Grooms wait without Sword Cloak or Hat Gentlemen Ushers daily Waiters in the Presence Chamber Four The First whereof hath that considerable Office of the Black Rod and in the time of Parliament is to attend every day the Lord's House and is also Usher of the most Honourable Order of the Garter Their office is to wait in the Presence Chamber and to attend next to the King's person and after the Lord Chamberlain and Vice Chamberlain to order all Affairs and all Under Officers above Stairs are to obey these Gentlemen Ushers Quarter Waiters in Ordinary Eight These wait also in the Presence Chamber and are to give Directions in the absence of the Gentlemen Ushers Daily Waiters to the Grooms and Pages and other Under Officers Gentlemen Waiters Six Cupbearers Five Carvers in Ordinary Four Sewers to the Person in Ordinary Four Esquires of the Body in Ordinary Six Their office is to Guard the King's Person by Night to Set the Watch and give the Word and keep good Order in the whole House by Night as the Lord Chamberlain and his other Officers are to do by Day The Sewers of the Chamber are Eight Groom Porter his Office is to see the King's Lodgings furnished with Tables Chairs Stools and Firing To furnish Cards Dice c. To decide Disputes arising at Cards Dice Bowlings c. Serjeants at Arms Sixteen all Gentlemen or Knights attending upon His Majesty There are also Four other Serjeants at Arms whereof one attends the Lord President of Wales another the Speaker of the House of Commons and another the Lord Lieutenant of Ireland Physicians in Ordinary Four one assigned to the Queen and one to the Houshold besides Twelve more who are not the King 's sworn Servants nor have Fee Master and Treasurer of the Jewel-House and Three Under Officers called Yeomen and Grooms Their office is to take charge of the Gold or Silver Gilt Plate for the King and Queens Table of all Plate in the Tower of Chains and loose Jewels not fixed to any Garment The Master of the Ceremonies Fee 200 l. One Assistant Fee 120 l. and One Marshal One Geographer One Historiographer One Hydrographer One Library Keeper One Poet Laureat One Publick Notary The King 's Great Wardrobe THe Master or Keeper of the Great Wardrobe is an Office of great Antiquity and Dignity High Priviledges and Immunities were conferred by King Henry the Sixth confirmed by his Successors and enlarged by King James the first who ordained this Great Officer should be an Incorporation or Body Politick for ever His Office is to make Provisions for Coronations Marriages and Funerals To furnish the Court with Beds Hangings Carpets and other Necessaries To furnish Houses for Ambassadours at their first Arrival here Presents for Foreign Princes and Ambassadours Cloaths of State and other Furniture for the Lord Lieutenant of Ireland Lord President of Wales and His Majesty's Ambassadours abroad To provide all Robes for the Foreign Knights of the Garter for the Officers of the Garter Coats for Heralds and Pursuivants at Arms Robes for the Lord
Chancelor Lord Treasurer c. Rich Liveries for the Two Lord Chief Justices All the Barons of the Exchequer All the Officers of those Courts All Liveries for His Majesty's Domestick Servants All Linnen for the King's person c. In which there is ordinarily Expended yearly about 25000 l. besides all Extraordinaries as Coronations Funerals c. His Salary in compensation of all Ancient Fees is 2000 l. per Annum This Office is now kept in the Savoy Under the Master is A Deputy whose Salary is 200 l. A Clerk whose Salary in compensation of all Fees and Allowances is 300 l. per Annum To this Office have been lately added by Patent during pleasure A Comptroller and Surveyor Salary to each 300 l. Belonging to this Office are divers Tradesmen Artificers and others to number of about Forty all sworn Servants to the King Besides the Great Wardrobe the King hath divers Standing Wardrobes at Whitehall VVindsor Hampton-Court the Tower of London Greenwich c. Whereof there are divers Officers And Lastly There is a Removing Wardrobe which attends upon the Person of the King Queen and Children Ambassadours Christnings Masks Plays c. at the Command of the Lord Chamberlain who hath the disposing of the Vacant places Here are six Officers one Yeoman two Grooms and three Pages The Salary of the Yeomen 200 l. each Groom 100 pounds and each Page 100 Marks To All these together is allowed six Dishes each Meal All Moveables belonging to this Office are at length Divided into Three parts whereof the Yeoman hath one for his own use the Grooms another and the Pages the Third part The Office of Tents c. IN this Office of Tents Toyls Hays and Pavilions are Two Masters Four Yeomen one Groom one Clerk Comptroller one Clerk of the Tents The Office of the Robes BEsides the Master before-mentioned there is one Yeoman three Grooms one Page Two Surveyors one Clerk and Persons of several Trades Faulconers MAster of the Hawks and other Officers under him about London and other Places belonging to the King in all Thirty Three Huntsmen MAster of the Buck-Hounds a Serjeant and Thirty Four others one Master of the Otter-Hounds one Master of the Harriers and Five under him Messengers OF the Chamber in ordinary two Clerks of the Cheque and Forty others Musitians in ordinary Sixty Two Trumpeters in ordinary and Kettle-Drummers in all Fifteen Drummers and Fifes Seven Tradesmen one or two of all sorts Watermen Fifty Five Comedians Seventeen Men and Eight Women Keeper of Birds in St. James's Park one Keeper of the Volery and Serjeant Painter one of each With divers other Officers and Servants under the Lord Chamberlain to serve His Majesty upon Extraordinary occasions Many of these Offices and Places are of good Credit great Profit and Enjoyed by Persons of Quality Officers under the Master of the Horse FOur Querries from the French Escurie a Stable of the Crown-Stable and Eight of the Hunting-Stable Their Office is to attend the King in Hunting or Progress or on any occasion of Riding abroad to help His Majesty Up and Down from his Horse Fee to each of these is 20 l. yearly the ancient Fee but have 100 l. yearly Allowance for Diet besides Lodgings and two Horse Liveries Avenor from Avena Oats Fee 40 l. This Place with all the following is in the Gift of the Master of the Horse One Clerk of the Stable Four Yeomen besides Four Child Riders Yeoman of the Styrup Serjeant Marshal and Yeoman Farriers Four Groom Farriers Serjeant of the Carriage Three Surveyors A Squire and Yeoman Sadler Four Yeomen Granators Four Yeomen Purveyors A Yeoman Peck-man A Yeoman Bill-maker Four Coach-men Eight Litter-men A Yeoman of the Close Wagon Sixty four Grooms of the Stable whereof Thirty Grooms of the Crown-Stable and Thirty four of the Hunting and Pad-Stable Twenty six Footmen in their Liveries to Run by the King's Horse c. The Clerk of the Market who within the Verge is to keep a Standard of all Weights and Measures and to burn all False Weights and Measures And from the pattern of this Standard are to be taken all the Weights and Measures of the Kingdom The Military Government in the King 's Court. THe Horse Guards Life Guard or Guard of the King's Body consisting of Five hundred Horsemen all or most of them Gentlemen and old Officers commanded by their Captain who is at all times of War or Peace to Wait upon the King's Person as oft as he Rides abroad with a considerable number of those Horsmen well Armed His pay is 30 s. per diem These Horse have been divided into Three parts whereof 200 under the Command of the Master of the Horse and 150 under another Officer and the other 150 Commanded by another Officer The Pay to each of these Officers 20 s. per diem Under the Captains of the Guards are Two Lieutenants a Coronet a Quarter-Master and Four Brigadiers The Horsmens Pay is 4. s. per diem The Band of Pensioners FIrst Instituted by King Henry the Seventh and chosen out of the Best and most Ancient Families of England not only as a Faithful Guard to the King's Person but to be as a Nursery to breed up hopeful Gentlemen and fit them for Employment Civil and Military abroad or at home as Deputies of Ireland Ambassadors Counsellors of State Captains of the Guard Governours of Places and Commanders in Wars both by Sea and Land Their Office is to attend the King's Person to and from his Chappel and all publick Solemnities A Peer of the Realm is usually Captain whose Pay is 1000 l. per Annum his Lieutenant 200 l. yearly his Standard-Bearer 200 l. yearly Clerk of the Cheque 120 l. 1 s. 3 d. yearly and Forty Gentlemen Pensioners Fee to each is 100 l. yearly a Gentleman Harbinger to provide Lodging for them his Fee 70 l. 11 s. yearly These Wait one Half by Quarter Upon Extraordinary occasions All are Summoned Their ordinary Arms are Gilt Poleaxes their Arms on Horseback in time of War Curassiers Arms with Sword and Pistol They are not under the Lord Chamberlain but their own Officers and always Sworn by the Clerk of the Cheque who takes Notice who are absent from their Duty The Yeomen of the Guard ARe at present 100 Men in daily Waiting and 70 more not in Waiting as any of the 100 dye his Place is filled out of the Seventy these are chosen of the best Men under Gentlemen and of Larger Stature than ordinary for they were formerly to be six Foot high Their Office is in their Coats and Caps one Half with Harquebusses and the other Half with Partizans to wait upon the King in his Standing Houses Forty by Day and Twenty to Watch by Night and about the City to Wait on the King's Person abroad by Water or Land Their Captain 's Fee is 1000 l. yearly the Lieutenant 500 l. Ensign 300 l. Clerk of the Cheque 150 l. Four
Corporals 150 l. each The King hath many other Inferiour Officers which over-passing we come now to The Government of the Queen's Court IS suitable to the Consort of so Great a King Splendid and Magnificent And hath all Officers and a Houshold apart from the King For Maintenance whereof there is usually setled 40000 l. per Annum and is as followeth The Ecclesiastical Government of the Queens Court. THe Lord or Grand Almoner He hath Superintendency over all the Ecclesiasticks belonging to the Queen One Confessor to the Queen and Four Almoners One Treasurer of the Chappel Two Preachers Four Clerks of the Chappel and Four Boys Sixteen Chaplains Divers belonging to the Musick and Two Vergers or Porters The Civil Government of the Queen's Court. THere is a Counsel consisting of Persons of Great Worth and Dignity A Steward of the Revenue A Keeper of Her Majesties Great Seal A Chamberlain Master of the Horse A Vice-Chamberlain A Principal Secretary and Master of Requeste A Treasurer and Receiver General Attorney General Solicitor General A Surveyor General Six Gentlemen Ushers of the Privy Chamber Two Cup-bearers Two Carvers Two Sewers Five Gentlemen Ushers daily Waiters Ten Grooms ef the Privy Chamber Seven Gentlemen Ushers Quarter Waiters Six Pages attending at the Back-Stairs Four Pages of the Presence Officers of the Robes A Surveyor Proveditor Clerk Yeoman Groom Page Tayler and Brusher Twelve Grooms of the Great Chamber One Porter of the Back Stairs A Master of the Queens Barge and Twenty Four Watermen The Grooms of the Stole Lady of the Robes and of the Privy Purse Seven Ladies of the Bed-chamber One Keeper of the Sweet Coffers Six Maids of Honour and A Governess or Mother of the Maids Six Chamberers or Dressers A Laundress A Sempstress A Starcher A Necessary Woman These are all paid by Her Majesty out of her own Revenue There are besides Divers other Officers Below Stairs belonging to the Queens Table and Stable paid by the King for which is allowed 20000 l. more The Prince of Wales and other the King's Children have likewise their Courts or Housholds apart But these being not certain no certain Allowance or Settlement is of them but are rather at pleasure And therefore I shall not particularize them but refer to Chamberlain's Present State of England The Government of Cities ALthough every City is within some of the Counties herein before mentioned yet each of them are like a little Common-wealth Governed by Laws and Customs Ecclesiastical Civil and Military within themselves And this by Charter or Priviledges granted and cofirmed to them by several Kings of this Realm And there is for The Ecclesiastical Government of Cities A Bishop every City being or having been a Bishops See and hath a Cathedral to which belong a Dean A Chapter A Treasurer and Prebendaries who have Lands and Revenues belonging to them for their Maintenance and though the Bishoprick be dissolved the City remains as Westminster and Cambridge which was antiently reputed a City And for The Ecclesiastical Government of Parishes there is a Rector or Vicar for every Parish who is to have the Cure of the Souls of his Parishioners every one of which hath a Parsonage or Vicaridge-House and a Competent allowance of Tithes for their Maintenance And there is for The Civil Government of Cities A Mayor who is the King's Lieuetenant chosen by the Citizens and approved by the King and is for one year as a Judge to determine all Matters within his Jurisdiction and to Mitigate the Rigour of the Law And next in Government of Cities are the Two Sheriffs who are Judges in Civil Causes within the City and to see all Execution done whether Penal or Capital To Execute the Kings Mandates within the City c. And might rather be called State Reeves or Port-Reeves i. e. Urbis vel Portus Praefecti The Mayor Sheriffs and Aldermen of every City may make Laws called By-Laws for the Government of the City provided they are not Repugnant to the Laws of the Kingdom And these have several Courts which have Jurisdiction in all Civil and Criminal Causes only with Restraint that all Civil Causes may be removed from their Courts to the Higher Courts at Westminster But of all these we shall speak more at large when we come to treat of the City of London and other Cities in particular which may serve for an Example or Pattern of all the rest And therefore we shall begin with The City of London LOndon so called as some conjecture from the British word Longdin signifying in the Saxon Tongue Shipton or Town of Ships But others derive it otherwise And therefore not to insist thereon Nam utere tuo Judicio nihil impedio It was Built as some Write 1108 years before the Incarnation of our Saviour In the time of Samuel the Prophet Is in length about 7 Miles and half and about 2 Miles and half in breadth Hath above 500 Streets and Alleys and 15000 Houses within the Walls which may not be accompted above a Sixth part of the whole City The Cathedral Church of St. Paul was Built or begun by Ethelbert King of Kent about Anno Christi 610 and is the only Cathedral of that Name in Europe Besides this there are 130 Parish Churches besides Chappels which is double the number to be found in any other City in Christendom The Ecclesiastical Government OF London is as before mentioned of Cities in General By a Bishop and was in the time of the Britains by an Archbishop but by the Saxons the Archiepiscopal See was removed to Canterbury for the sake of St. Austin who first Preached the Gospel there to the Heathen Saxons and was there buried since which there have been 100 Bishops to the present Bishop there To this Cathedral belongs a Dean a Chapter and 30 Prebendaries maintained in like manner before mentioned in the General Government of Cities The Ecclesiastical Government of Parishes is as before mentioned by a Parson Rector or Vicar To have cure of Souls in every Parish who have a Parsonage or Vicaridge-House and a competent Allowance in Tithes which was anciently besides the Tithes of Tradesmen's gains and mortuaries c. 3 s. 5 d. in the pound Rent which they paid by a Half every Sunday and Holiday Afterwards by 25 Hen. 8. It was ordained and afterwards confirmed by 27 Hen. 8. and 37 Hen. 8. That 2 s. 9 d. in the pound should be paid for the Rent of all Houses Shops c. to the Parson with power to the Lord Major to Imprison any Person should refuse to pay the same The Civil Government OF London is by a chief Magistrate anciently called The Prefect of London In the Saxons time Portegreeve by the Norman's Bailiff or Bailiffs till King Rich. the First Anno 1189 changed the name of Bailiff to Mayor which is now The Lord Mayor and is a Citizen yearly chosen by the Citizens and approved by the King unless sometimes for Disloyalty their
And the late King Charles the Second was made Free of the Grocers There are near LX other Companies or Corporations All enjoying large Priviledges by the Charters of several Kings and have Fair Halls to meet in The Military Government in London HIs Late Majesty King Charles the Second after his Restoration sent a Commission of Lieutenancy appointing several Persons His Lieutenants giving them the same Power in London the Lord Lieutenants have in their respective Counties And in pursuance of that Commission the Regiments then in being were New setled in this manner viz. Six Regiments of Trained Bands Commanded by six Citizens Knights and their Lieutenant Colonels all Knights and six Regiments of Auxiliaries In these Twelve Regiments were 20000 Men Then there were Listed Two Regiments of Horse each consisting of five Troops in all 800 Horse But in case of need in London and within the Liberties may in a Few days be Raised 40000 Men. There is in Southwark One Regiment of Trained Bands Fifteen Hundred Men. In the Hamlets of the Tower Two Regiments in all Three thousand Men Then Holbourn Regiment and Westminster Regiment Two thousand each and in case of Necessity they can Raise 20000 more The Artillery Company is as a Nursery of Souldiers and hath been so for above 60 years the late King Charles when Prince of Wales Listed himself therein and the Duke of York did the like at the same time who after the Restoration took upon himself the Command thereof and under him was a Leader who Exercised them every Tuesday Fortnight and the other Tuesday the Exercise was performed by the several Members of the Company who are there Trained up to Command Of this Society are many of the Nobility also the Lord Mayor and most of the Aldermen All the Commanders of the Trained Bands and Auxiliaries here Exercise Arms. This Company consists of 600 Men. Their Officers are A Leader Two Lieutenants Two Ensigns Two Serjeants A Provost Martial Four Gentlemen of Arms c. They have also a Court Martial consisting of A President A Vice-President a Treasurer and Twenty four Members of the Company On the Second Tuesday in February at a General Rendezvous every Year the Officers are Elected For the Security and Defence of this Famous City and River there hath been anciently divers Fortresses But the most Eminent and Chief is that called The Tower of London WHich is not only a Fort or Cittadel to command and defend both City and River but also A Royal Palace where our Kings with their Courts have sometimes Lodged A Royal Arsenal where are Arms and Ammunition for 60000 Men The Treasury for the Jewels and Ornaments of the Crown The only Mint for coyning Gold and Silver The Great Archive where are conserved All the Records of the Courts at Westminster The Chief Prison for the safe Custody of Great Persons that are Criminals and if the great Extent thereof within the Walls be considered and its Authority over the several Hamlets without and the many high Priviledges and Liberties belonging thereunto it may rather be Reputed a City than a Cittadel The Governour of this Important Fortress is the Constable or Lieutenant of the Tower Who is High Steward of a Court there held by Prescription of Debt Trespass and other Actions of any Sum Greater or Lesser and hath a Deputy Before the late Act might refuse a Habeas Corpus may give Protection to all Debtors belonging to the Tower within the Realm of England hath Priviledge to take Unam Lagenam of all Wine-Ships that come Is Virtute Officij to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex and as some hold to be Custos Rotulorum of the County of Middlesex His Salary is 200 l. per Annum His usual Fee for every Prisoner is 20 l. at Entrance and 3 l. a Week for an Esquire For a Knight 5 l. a Week For a Baron or above 50 l. at Entrance to whom the King allows 10 l. Weekly whereof Two part goes to the Prisoner the other Third part to the Lieutenant for Lodgings and Dyet and 50 l. to the Lieutenant upon the Prisoners discharge The Gentleman Porter of the Tower holds his Place by Patent and at the Entrance of a Prisoner hath for his Fee Vestimenta Superiora or a Composition for it The Gentleman Gaoler is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman 5 l. of a Knight Forty Warders of the Tower accounted the King's Domestick Servants and Sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Cheque The Tower is not within any County or Parish only a small part some account to be in Middlesex but is a Liberty of it self exempt from all Taxes to the King Church or Poor It hath A Parochial Church exempt from all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction And there are Thirteen Hamlets of large Extent belonging to the Tower whose Train-Bands are all bound to Assist the Constable or Lieutenant of the Tower which are called The King's Company and are to Wait on the King's Person in time of Need and to go no further than the King And within the Tower is kept The Office of the Ordnance BEing the grand and standing Magazine of the principal Preparatives Habiliaments Utensils and Instruments of War as well by Sea as Land for the Defence and Safety of the Kingdom and consequently hath Influence in the Navies Forts Castles and Armies thereof having the Superintendence Ordering and Disposing as well of the Grand Magazine lodged in the Tower as at the Minories Woolwich Chatham Windsor Portsmouth Plimouth Hull and elsewhere And is under the Government of The Master of the Ordnance under whom The Administration and Management of the said Office is committed to the Principal Officers following viz. The Lieutenant of the Ordnance who in the absence of the Master of the Ordnance is to Impart all Orders and Warrants directed to the Office and to see them duly Executed and to give Order for Discharging the Great Ordnance when required upon Coronation Days Days Festival Triumphs c. As also to see the Train of Artillery fitted with all its Equipage for Motion upon any occasion The Surveyor is to Survey all the Ordnance Stores and Provisions of War in the custody of the Store-keeper which he is to see so distinguished and placed as shall be best for their Preservation and Safety for a decent View and a ready Account to allow all Bills of Debt and to keep Check upon all Labourers and Artificers Works and to see that all Provisions received be good and serviceable and duly proved with the Assistance of the rest of the Officers and the Proof Masters and marked with the King's Mark if they ought so to be The Clerk of the Ordnance is to Record all Orders and Instructions given for
of each Inns of Court who sitting as the Benchers do in the Inns of Court at their Mootes they hear and Argue his Case In the Term time the only Exercise of Learning is Arguing and debating Cases after Dinner and Mooting after Supper as in the Vacation time The Keeping Christmass in the Inns of Court IF there be a sufficient number of Students to keep a Solemn Christmass then the Students before Christmass hold a Parliament and certain of them are appointed to be Officers in Imitation of the Kings Court as Comptroller of the Inner Temple so of the Middle Temple stiled Lieutennant of the Tower and Treasurer c. These bear Rule during the time of Christmass and are to behave themselves with that Port and Gravity as if they as perhaps they may afterwards were so in the Kings House At such time they have divers Divertisments as Feasting every day Singing Dancing Dicing which is allowed to all Comers and is so Excessive that the Butlers Box usually amounts to above 50 l. a Day and Night With which and a Small Contribution from each Student are the great Charges of the Christmass defrayed When their Treasure is great they sometimes create a Prince giving him such Title they think fit And he hath all Officers and a Court Suitable to a Great Prince and many of the Prime Nobility and Great Officers of State have been Entertained by him with Feasting Enterludes c. As was sometime done with Great Magnificence by Sir John Lort by the Title of Prince de la Grange From All Saints-day to Candlemass each House usually hath Revells on Holy days that is Musick and Dancing and for this is usually chosen some young Student to be Master of the Revels The Manner of holding Parliaments in the Inns of Court EVery Quarter the Benchers cause one of the Standing Officers of the House to Summon a Parliament which is an Assembly of the Benchers which are called the Sage Company in a place called the Parliament Chamber Where they treat of matters for good Ordering of the House Here are the Readers for Lent and Summer Vacation Elected The Treasurer chosen Auditors appointed To take the Accompts of the old Treasurer Offences committed by any of the Society Punished c. In the Four Inns of Court are about 800 Students The Serjeants Inns. THe Common Law Student when he hath been admitted of some Inn of Court where he is first called a Moote Man and after about Seven years Study an Utter Barrister and after Twelve years more and having performed his Exercises is chosen a Bencher and sometime after a Reader He then wears a long Robe different from other Barristers and is in Capacity to be made Serjeant when the King please to call him and when he is arrived to that Degree he hath his Diet and Lodging in one of those Two Inns called Serjeants Inn And these are called Servientes ad Legem Serjeants at Law and are as Doctors in the Civil Law Only Doctoris appellatio est Magisterij Servientis vero Ministerij And therefore Doctors of Law are allowed to Sit within the Bar in Chairs covered whilst Serjeants stand without the Bar bare Headed Only their Coifs or Caps on And The Call or Creation of Serjeants IS when the number of Serjeants is Small The Lord Chief Justice of the Common Pleas by the Advice and Consent of the other Judges makes choice of 6 or 8 more or less of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellor or Keeper who sends by the Kings Writ to each of them to appear on such a day before the King to Receive the State and Degree of a Serjeant at Law at the Time appointed They being habited in Robes of Two Colours viz. Brown and Blew come accompanied with the Students of the Inns of Court and attended by a Train of Servants and Retainers in certain Peculiar Cloth Liveries to Westminster-Hall there in Publick take a Solemn Oath and are Clothed with certain Robes and Coifs without which they may no more be seen in publick and making their Count at the Common Pleas Bar and causing Rings to be distributed amongst the Officers and Clerks of the Court they afterwards Feast the great Officers and Persons of the Kingdom in a Magnificent manner and give Gold Rings to the Princes of the Blood Archbishops Chancellor and Treasurer of Forty shillings value to Earls and Bishops Rings of Twenty Shillings value to other Officers Barons Prelates c. Rings of less value And out of these are chosen The Judges WHen any Judges are wanting The King by Advice of his Counsel makes choice of some of these Serjeants to supply his or their Places and Constitutes him if Chief Justice of the King's Bench by Writ But if others then he or they are Constituted by Letters Patents Sealed by the Chancellor who Sitting in the Middle of the rest of the Judges in open Court by a Set Speech Declares to the Serjeant or Serjeants there brought in the King's Pleasure and to the People the Kings Goodness in providing the Bench with such Able Honest Men and causeth the Letters Patent to be Read and being departed The Chief Justice placeth him on the Bench Junior to all the rest and having taken his Oath well and truly to serve the King and his People in the Office of Justice To take no Reward To do equal and Speedy Justice to all c. he Sits to the Execution of his Office And now being a Judge hath thereby great Honour and a Considerable Salary besides Perquisites for each one hath at least 1000 l. a year from the King and now besides his Serjeants Habit he hath a Cloak put over him and closed on his right Shoulder and instead of his Caputium lined with Lamskins it is now lined with Minever or De Minuto vario only the Two Lord Chief Justices and the Lord Chief Baron of the Exchequer have their Hoods Sleeves and Collars turn'd up with Trimme To these Two Serjeants Inns belong the Twelve Judges and about Twenty six Serjeants The Colledge of Civilians in London CAlled Doctors Commons being Purchased by Dr. Henry Harvy long since Dean of the Arches for the Professors of the Civil Law in this City where Commonly the Judge of the Arches The Judge of the Admiralty And the Judge of the Prerogative and divers other Eminent Civilians Presiding and having their Diet and Lodging there in a Collegiate Manner It was usually known by the name of Doctors Commons which being consumed in the late Dreadful Fire and now Rebuilt at the Charge of the said Doctors they now keep their Courts and Pleadings there every Term which begins and ends almost at the same time with that at Westminster Those that are allowed to be Advocates and plead in these Courts are all to be Doctors of the Civil Law in one of the Universities of England who upon their Petition to
the Archbishop of Canterbury and his Fiat obtained are admitted by the Judge of the Court on condition not to Practise one whole year after his Admittance which is in this manner Two Senior Advocates in their Scarlet Robes with the Mace before them conduct him up to the Court with Three low Reverences and Present him with a short Latin Speech and the Rescript of the Archbishop Then the Oaths of Allegiance and Supremacy and some other prescribed by The Statute of the Arches being taken he is Admitted by the Judge and a Place or Seat in the Court assign'd him either à Dextris or Sinistris which he is always to keep when he pleads The Judges and all the Advocates in these Courts when they plead always wear their Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Miniver Furr if they be of Cambridge and all Black Round Velvet Caps and the Proctors wear or ought to wear Hoods lined with Lambskin if not Graduats But if Graduats Hoods according to the Degree There are divers other Civilians whereof some not Advocates are Chancellors to Bishops or Commissaries The Vicars Generals and Chancellors are appointed by the respective Archbishops and Bishops by Letters Patent under their Seals and Confirmed by the Dean and Chapter of the respective Cathedrals The Proctors are persons that Exhibit their Proxies for their Clyents and make themselves parties for them and draw and give in Pleas or Libels and Allegations in the behalf of their Clyents produce Witnesses prepare Causes for Sentence and attend the Advocates with their Proceedings And their Admittance is also by the Fiat of the Archbishop Introduced by the Two Senior Proctors and are allowed to Practise immediately after their Admission They wear Long Black Robes and Hoods lined with White Furr Taking the Oaths now Enjoyned by Act of Parliament All Process in the Court of Arches runs in the Name of the Judge thus Robertus Wiseman Miles LL. Dr. Almae Curiae Cant ' de Arcubus London ' Officialis Principalis and Returnable in the Comman-Hall at Doctors Commons The Title of the Judge of the Admiralty is Supremae Curiae Admiralitatis Angliae Locum tenens Judex sive Praesidens The Writs and Decrees run in the Name of The Lord High Admiral and the Court held also in the Common Hall at Doctors Commons The Title of the Judge of the Praerogative Court is Curiae Praerogativae Cant ' Magister Custos sive Commissarius And all Citations and Decrees run in the Name of the Archbishop The Judge is attended by the Register who sets down the Decrees and Acts of the Court and keeps the Records of all Original Wills and Testaments of parties Dying having Bona Notabilia in the place called the Praerogative Office where for a moderate Fee any one may Search for and have a Copy of any Testament or Administration since the Rebellion of Wat Tyler and Jack Straw Upon Appeals to the Court of Delegates the Judges are appointed by the Lord Chancellor under the Great Seal Pro illa vice which Court is also kept in the same Common-Hall the day after the Praerogative in the Afternoon The Citations and Decrees there run in the King's Name And from thence of course lies no Appeal but the King of his meer Praerogative Royal doth many times grant A Commission of Review The Colledge of Physicians in London BY Charters and Acts of Parliament of Henry the Eighth and since have certain Priviledges Whereby no Man though a Graduate in Physick in Oxford or Cambridge may without License under the said Colledge Seal Practise Physick in London or within seven Miles thereof nor in any other part of England in case he hath not taken any Degree in Oxford or Cambridge whereby they have power to punish Offenders make By-Laws purchase Lands search Apothecaries Shops in and about London are freed from Offices and bearing Arms may practise Physick or Chyrurgery not only in London but in any other part of England This Society had anciently a Colledge in Knight-Rider-Street the Gift oâ— Dr. Linacre Doctor to King Henry the Eighth afterwards had their Colledge in Amen Street Endowed by Dr. Heâ—vey with his whole Inheritance which being consumed in the late Dreadful Fire The Fellows having purchased Ground have now Raised a Magnificent Structure in Warwick Lane And of this Colledge is A President Four Censors and Eight Elects who are all Principal Members of the Society one of which is chosen yearly to Preside The Four Censors have by their Charter Power to Survey Correct and Govern all Physicians or others that shall practise Physick in London or within seven Miles of the same and to punish Offenders as they shall see cause For all which see the Statutes mentioned in Coke's 4 Inst. fo 251. In Rot. Pat. 32 H. 6. M. 17. it 's Recorded That the King with Assent of his Council assigned certain Physicians and a Chyrurgeon to Administer in and about his person Potions and other parts of Physick and to moderate his Dyet To which they were every one commanded to be Attendant Whereby it appears No Physick ought to be given to the King without Warrant and that by Advice of his Privy Council and no other Physick than what is set down in Writing and that â—hey may use the Aid of Chyrurgeons Named in the Warrant but no Apoâ—hecary they being to prepare all things â—hemselves The Science of Physick by the Statute of 32 H. 8. is Declared to contain the Knowledge of Chyrurgery If one of the Mystery of a Physician take a Man in Cure and give him such Physick that he dye within three days thereof without any Felonious intentâ— and against his Will it is no Homicide But Britton saith If One not of the Mystery of a Physician or Chyrurgeon take upon him the Cure of a Man and he dieth of the Potion or Medicine this is Covert Felony Gresham Colledge in London BUilt by Sir Thomas Gresham and Endowed by him with the Revenue of the Royal Exchange by him Built before which he gave one Moiety to the Mayor and Commonalty of London upon Trust That the Major and Aldermen should find Four able persons to Read Divinity Geometry Astronomy and Musick there and to Allow each of them Fair Lodgings and 50 l. a year and the other Moiety to the Company of Mercers upon Trust to find Three able Persons to Read Civil Law Physick and Rhetorick and to have Lodgings and the like Allowance These several Lecturers are to Read in Term time every Day except Sundays In the Forenoon in Latin and in the Afternoon the same in English The Musick Lecture only in English There is also a Mechanick Sort of Lecture for Natural Philosophy Instituted by Sir John Cutler with a Salary of 50 l. per Annum to be Read at the time â—nd place where the Royal Society shall meet Syon-Colledge in London THis was Founded by Thomas White Doctor in Divinity for
To take care of the Church and Church Assemblies The Overseers of the Poor To take care of the Poor Sick Aged Orphans and other Objects of Charity And Lastly The Clerk to wait on him at Divine Service And for The Civil Government of Villages THe Lord of the Manor or Soil who from the Crown immediately holds or mediately holds Dominium Soli Is said to have in him The Royalty as if he were a little King and hath a kind of Jurisdiction and a Court Baron incident to the Manor and sometimes a Court Leet by Grant from the King to which the Inhabitants owe Suit and Service and where smaller Matters as Escheats upon Felonies or other Accidents common Nusances c. Admitting of Tenants passing of Estates Reliefs Herriots Hunting Hawking Fishing c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts may be heard and determined And under the Lord is The Constable or Headborough Chosen yearly by the Lord or Steward in the Leet to keep the Peace in case of Quarrels to search any House for Robbers Murderers and others who have broken the Peace to raise Hue and Cry after Robbers to seize Offenders and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasions either to bring Criminals before them or to carry them by their Command to the Common Prison Thus having in a Brief and Methodical manner described the Constitution of the English Government For the Excellency thereof we may welâ— conclude with the Poet O Fortunatos nimium bona si sua Norint Angligenas THE ISLANDS Adjacent to ENGLAND CAlled by Heylin The Sporades not as he saith that they are so named in any Author but being many he thought fit to include them under that general Name The Chief of which are The Isle of Man INsula Euboniae modo Manniae hath been an ancient Kingdom as appears by Walsingham pag. 287. and Coke's Reports Lib. 7. fol. 21. Calvin's Case And yet we find it not Granted or Conveyed by the Name of a Kingdom Sed per Nomen Insulae c. cum Patronatu Episcopatus The Patronage of the Bishoprick of Sodor being a Visible Mark of a Kingdom Est nempe Jus ipsius Insulae ut quisquis illius sit Dominus Rex vocetur cui etiam fas est Corona Aurca Coronari Walsingh 17 R. 2. This Island was taken from the Britains by the Scots and from them regained by Edwin King of Northumberland Afterwards the Norwegians seised it from whom Alexander the Third wrested it and about the Year 1340. William Montacute Earl of Salisbury descended from the Norwegian Kings of Man won it from the Scots and afterwards sold it to W. Lord Scroope who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland who being 5 H. 4. Attainted of Treason In 7 H. 4. it was by Parliament Enacted the King should have the Forfeiture of all his Lands and Tenements And afterwards 7 H. 4. the King granted the Isle cum Patronatu Episcopatus unto Sir John Stanley first for Life and afterwards to him and his Heirs Sir John had Issue Sir John Stanley Knight who had Issue Sir Henry Stanly Lord Chamberlain to King Henry the Sixth who Created him Lord Stanley He had Issue Thomas whom King Henry the Seventh Created Earl of Derby to him and the Heirs Male of his Body c. Vide Co. 4 Inst cap. 69. The Laws and Jurisdiction of this Isle differs from other places For they call their Judges Deemsters which they chuse out of themselves And they determine all Controversies without Process Pleading Writing or any Expence at all If any Cases be ambiguous or of greater weight it is referred to Twelve which they call Claves Insulae They have Coroners quos Annuos vocant who supply the Office of Sheriff But altho' the King's Writ runneth not into this Island yet his Commission extendeth thither for Redress of Injustice and Wrong The Bishop was Instituted by Pope Gregory the Fourth is under the Archbishop of York being annexed to that Archbishoprick by King Henry the Eighth but hath neither Place nor Voice in the Parliament of England In hac Insula Judex Ecclesiasticus citat definit infra Octo dies parent aut carcere intruduntur The People are a Religious Industrious and True People They have peculiar Laws or Customs For if a Man steal a Horse or an Ox it is no Felony because he cannot hide them but if he steal a Capon or Pigg he shall be hanged c. In this little Kingdom are Two Castles Seventeen Farishes Four Market Towns and many Villages It is scituate against the South part of Cumberland from which it is distant 21 Miles Is in Length 30 Miles in Breadth 15 but in some part only 8 Miles The Soil is abundant in Flax Hemp Oats Barley Wheat and Bishop Merrick writing to Cambden when he was composing his Britannia saith Our Island for Cattle Fish and Corn hath not only sufficient for it self but sendeth store into other Countries The chief Towns are Balacurri and Russin or Castle-Town the Seat of the Bishop On the Hill Sceaful may be seen England Scotland and Ireland Here are also bred the Soland Geese The People speak a Mixture of the Norwegian and Irish Tongues Anglesey IS accounted a Shire of Wales bordereth on Carnarvanshire is in Length 20 in Breadth 17 Miles containing in former times 360 Towns and Villages the chief whereof are 1. Beaumaris towards Wales 2. Newburg 3. Aberfraw on the South-side This Island for its abundant Fertility is called Mam Cymri i. e. Mother of Wales It was once the Seat of the Druids first Conquered by Suet onius Paulinus and united to the English Crown by the Valour of Edward the First Jersey olim Caesarea IS in Compass 20 Miles and sufficiently strong by reason of the dangerous Seas It containeth 12 Towns or Villages the Chief being St. Hillary and St. Malo and four Castles The Ground is plentiful in Grain and Sheep most of them having four Horns of whose Wool our Jersey Stockings are made Gernsey olim Servia IS distant 20 Miles from Jersey to whom it is much Inferiour in respect of Fertility and Largness but more commodious by reason of the safe Harbours It containeth 10 Parishes the Chief being St. Peters the Port or Haven and Market Town These Islands of Jersey and Gernsey lye both nigh unto Normandy and Bretaign and did in ancient time belong to the Dutchy of Normandy But Henry the First Overthrowing his Elder Brother Robert united the Dutchy of Normandy with these Isles to the Kingdom of England And altho' King John lost Normandy and Henry the Third took Money for it yet these Isles continued Faithful to England the possession thereof being a good Seisin of the whole
Dutchy Concerning the Judicature and Customs of these Isles it appeareth by Records in the Tower Quod Rex Johannes constituit 12 Coronatores Juratos ad Placita Jura ad Coronam spectantia custodienda Et concessit pro securitate Insularum Quod Ballivus de caetero per visum Coronatorum poterat placitare sine Breve de Nov. Disseisinae facta infra Annum De Morte Antecessorum infra Annum De Dote similiter infra Annum And now they have a Governour appointed by the King of England and Twelve Assistants selected out of every several Parish And for the most part they proceed according to the Customs of Normandy Altho' the King's Writ runneth not into these Isles yet his Commission under the Great Seal doth But the Commissioners must judge according to the Laws and Customs of the Isles Insula Vectis or Vecta THe Isle of Wight is esteemed part of Hampshire from which it is severed by a dangerous Streight of the Sea It contains 20 Miles in Length Twelve in Breadth and is Governed by the Laws of England as the other Shires have been the Soyl is answerable to the Husbandman's Expectation The Sheep bear fine Wool and the Trees store of Fruit. Here are One Forest Two Parks and 36 Towns and Villages the Chief being Newport Yarmouth and Brading The Island is strongly scituated being Inaccessible towards France but because the North-shoar is Level it is fortified on that side with Three Castles viz. Yarmouth Cows and Sand-head Castle and in the Midst of the Island is Carisbrooke Castle wherein hath sometimes been Armor for 50000 Men and in every Village a Great Piece of Ordnance This Isle was taken from the Britains by Wolphur King of Mercia and hereof King Henry the Sixth Crowned Henry Beauchamp Earl of Warwick King and he was after named Primus Comes totius Angliae sed cum illo Novus hic insolitus Titulus omnino evanuit The Sorlings CAlled by the English and Belgians Scilly Islands by Antonine in his Itinerary Sigdoles by Solinus Silyres by some Greek Writers Hesperides and Casterides are scituate against the Western Cape of Cornwal from which they are distant 24 Miles They are in Number 145 of which 10 only are of Estimation viz. 1. Armath 2. Agnes 3. Sampson 4. Scilly 5. Bresar 6. Rusoâ— 7. St. Helens 8. St. Martins 9. Arthur 10. St. Maries Chief of all the rest being 8 Miles in compass sufficiently Fruitful and strengthned with a Castle called Stella Maria by Queen Elizabeth These Islands are stored with Grass Grain and Lead which last was once carried hence into Greece Hither the Roman Emperors Banished Condemned Men to Work in the Mines These were subdued to the English Crown by Athelstane The Island Lindisfarne Or LEndisfarne scituate near the River Lied called also Holyfarne or Holy Island on the confines of Northumberland Hath one Castle one Church one Parish and a safe Haven defended by a Blockhouse It was in ancient time a Bishops Seat after Translated to Duresme and is Governed by the Laws of England It was called Holy Island for that many Religious Men in times past retired thither being a Solitary place There are divers other Islands as Denny Londay and Chaldey in the Severn Sea Thanet and Sheppey near Kent Farne Isle near Lindisfarne and Cockat Islands near Northumberland and many others of small account A COMPENDIUM OF THE Laws and Government OF SCOTLAND WITH THE ISLANDS Thereunto belonging Anno Domini 1699 SCOTLAND IS so called from Scotti Scitti or Scythi a People of Germany over whose Northern Bounds the Name Scythia did once extend These seized on a part of Spain next to Ireland and Anno 424. on the West part of this Country It is the rest of the Isle of Albion or Great Britain in Length from Dungesby-Head to the South parts of Gallway 250 Miles in Breadth from Aberdeen to the Isle of Mule 150 Miles hath no place distant from the Sea 62 Miles and ends like the sharp point of a Wedge It was anciently called Calidonia and sometimes Albania now by the French l'Escosse by the Italians la Scotia by the Spaniards la Escocia and by the Germans Schotlandt and is separated from England by the Rivers Tweed and Solway and the Cheviot Hills in the midst between which were The Borders sometimes extended to Edinburgh and Sterling in Scotland and at other times were enlarged and took in Cumberland Northumberland and Westmorland in England and were Secured or Defended by three Officers in each Kingdom called Lord Wardens of the Marshes But now by the Marriage and Union of the two Kingdoms The Officers and Warres which were the cause of them are extinct Scotland was for many Ages Governed by its own Kings but with divers considerable Alterations till the year 1602 it was to our great satisfaction united to England for ever and does still remain under it Governed by a Vice-Roy called Lord Commissioner Here were formerly two Populous Nations the Scots before described and the Picts who were indeed very Britains who Fled into the Northern parts which are still almost Free when the Romans entred the Scuth parts of Britain These using the ancient Customs of Painting their Bodies after the rest were more Civilized were by the Romans called Picts They Swayed here a long while alone till the year 424 when the Scots set footing in Britain with whom they contracted a League against the Britains but after Warring among themselves Kenneth King of Scots vanquished Dunsken King of the Picts and thereby extinguished both their Kingdom and Name Anno 839. After James the 6th being the 36th King united the Crown of England and Scotland Their chief Commodities Cattle Course Cloaths Frizes Fish Lead Oar Iron Saltpetre Linnen Cloath Train Oyl some Hides and Tallow The Country is divided into the High-lands and Low-lands The first Rude The other of like Ingenious Disposition and Language almost with the English these being the Off-spring of the Saxons and the High-landers The true Scots who speak the Irish Tongue and call both the Low-landers and English Saxons The Gospel was first Preached here by Palladius Anno 431. They are now Protestants and those chiefly Presbyterians Their Language in the South parts a corrupt English and on the North and West parts a Dialect of the Irish The Division is into two Parts viz. 1. High-land or North Scotland somewhat the larger of the Two the Seat of the old Scots 170 Miles long and 130 broad divided into 13 Counties viz. 1. Cathness Chief Towns-Wick and Catness 2. Strathnavern Chief Town Strathy 3. Sootherland Chief Town Dornock 4. Rosse Chief Town Tayne 5. Murray Chief Town Elgen 6. Loquabrea Chief Town Innerlochy 7. Broad-Alben Chief Town _____ 8. Athol Chief Town Blaire 9. Buquihan Chief Town Stanes 10. Marr Chief Town Aberdeen 11. Mernis Chief Town Bervy 12. Anguis Chief Towns Dundee and Brechin 13. Perth Chief Town Perth the Chief Town of the whole Aberdeen 2.
Descent for that by the Laws of that Kingdom he doth Inherit he cannot change those Laws of himself without Consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after King John had given to them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament And in this case whilst the Realm of England and that of Ireland were Governed by several Laws any Born in Ireland was no Alien to the Realm of England And in case of a Conquest of a Christian Kingdom as well those that served in the Wars at the Conquest as those that remained at home for the Safety and Peace of their Country and other the King's Subjects as well Antenati as Postnati are capable of Lands in the Kingdom or Country Conquered and may maintain any Real Action and have the like Priviledges there as they may have in England Co. 7 Rep. 17 Calvin ' Case Ireland came to the King 's of England by Conquest but who was the first Conquerour hath been a Question The Lord Coke saith he had seen a Charter made by King Edgar in these Words Ego Edgarus Anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omniumque Insularum Oceani quae Britanniam cirumjacent Imperator Dominus gratias ago ipsi Deo Omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum c. mihi concessit propitia Divinitas cum Anglorum Imperio omnia Regia Insularum Oceani c. cum suis ferocissimis Regibus usque Norvegiam maximamque partem Hiberniae cum sua Nobilissima Civitate de Dublina Anglorum Regno subjugare quapropter ego Christi gloriam laudem in Regno meo exaltare ejus servitium amplificare devotus disposut c. Yet for that it was wholly Conquered in the Reign of King Henry the Second the Honour of the Conquest of Ireland is attributed to him and his Style was Rex Angliae Dominus Hiberniae Dux Normanniae Dux Aquitaniae Comes Andegaviae It is evident by our Books that Ireland is a Dominion separate and divided from England And 2 R. 3.12 Hibernia habet Parliamentum faciunt Leges nostra Statuta non ligant eos quia non mittunt Milites ad Parliamentam which is to be understood unless they be especially named sed Personae eorum sunt Subjecti Regis sicut Inhabitantes in Calesia Gasconia Guyan Concerning their Laws Ex Rotulis Patentium de Anno 11 Regis H. 3. there is a Charter which that King made beginning in these Words Rex c. Baronibus Militibus omnibus libere Tenentibus Salutem Satis ut credimus vestra audivit discretio Quod quando bonae memoriae Johannes quondam Rex Angliae Pater noster venit in Hiberniam ipse duxit secum Viros discretos legis peritos quorum Communi consilio ad instantiam Hibernensium Statuit praecepit Leges Anglicanas in Hibernia ita quod Leges easdem in scripturas redactas reliquit sub Sigillo suo ad Scaccarium Dublin ' So as now the Laws of England became the proper Laws of Ireland But because they have Parliaments holden there whereat they have made divers particular Laws and for that they retain unto this day divers of their Ancient Customs The Book 20 H. 6.8 holdeth That Ireland is governed by Laws and Customs separate and diverse from the Laws of England A Voyage Royal may be made into Ireland which proveth it a distinct Dominion In the Statute of 4 H. 7. cap. 24. Of Fines Provision is made for those that be out of this Land and it is holden in Plowden's Commentaries in Stowel's Case 375. That he that is in Ireland is out of the Land and consequently within that Proviso Co. 7 Rep. Calvin's Case But he is no Alien that is Born within the King's Obedience And no Man can be Alien to the Subject that is no Alien to the King Non potest esse Aliegena Corpori qui non est Capiti Non gregi qui non est Regi If an Irish Man dwelling in Ireland hath Lands in England he shall be chargable for the same to all intents as if an English Man were Owner thereof and dwelt in Ireland But if Irish Men or Men of the Isles of Man Jersey Guernsey c. have Lands within England and dwell here they shall be subject to all Services and publick Charges within this Realm as an English Man shall be Co. 7 Rep. 26. Calvin's Case A COMPENDIOUS DESCRIPTION OF THE English Plantations IN ASIA AFRICA AND AMERICA Anno Domini 1699 English Plantations IN ASIA BAntan or Banda Scituate near the Molucco's in the East-Indies abounding more in Nutmegs than any other Island of India and for that cause much frequented but this Trade is now taken from us by the Dutch The chief Town is Nera Here the Christian Faith hath taken deep Root according to the Church of Rome The English have a Colony at Surrat and Fort called the Fort of St. George c. which are not for our purpose more to describe Bombain Is also under the English Government but being of no great account we shall no further describe it The English Colonies in Africa GUinea in Terra Nigritarum doth acknowledge the English Government It extendeth from Sierra Leona in the 10th Degree of Longitude to Benin in the 30th Here is neither Town or Castle except Mina Built by the Portugals This is a Country very Fruitful having Mines of Gold The Juice of a Tree as Strong as Wine and much abounding in Rice Barley Ivory and Guinea Pepper Tanger Did here formerly belong to the English but the Mole and Castle is now Demolished The English Plantations in America THis Immense Country may be properly called a New VVorld being discovered by Christopher Columbus Anno 1492. The ancient Fathers Philosophers and Poets being of Opinion That the places near the North and South Pole were not Inhabitable by reason of the Extremity of Cold and the Middle part because of Excessive heat and thought it a great Solecism to believe the Earth was round For holding which Opinion 'T is said Pope Zacheus was so Zealous against Bishop Virgil That he Sentenced him to be cast out of the Temple and Church of God and to be deprived of his Bishoprick for this perverse Doctrin That there were Antipodes or People whose Feet are placed against ours although this discovery of America hath fully confirmed these Opinions and the yearly compassing the World evidenceth the necessity and certainty of Inhabitants living on all Parts of the Earthly Globe But the particular Discoveries and Voyages into the several parts of America being not for our present purpose I shall proceed to give some Relation of the Discovery Plantation and Government of those Countries and Islands in the VVest-Indies which
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
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is firâ—t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes oâ—t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.
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
make a Record of it Coke's 8 Rep. 120. Dr. Bonham's Case Justices of Peace may commit Vagrants to Prison if they will not serve and they may command the Goalers to set 'em at liberty without any other Writ F. N. B. 374. Justices of Peace shall be made of the most sufficient by the Advice of the Chancellor and King's Council without taking others dwelling in Foreign Counties except Lords Justices of Assize and the King 's Chief Steward of Dutchy Lands in North and South St. 2 H. 5. Cap. 2. 18 H. 6. None except Men Learned in the Law or inhabiting Corporations shall be Justices of peace unless their Lands be worth 20 l. per Annum Justices in Middlesex not compellable to keep their Sessions more than twice in the Year but may keep them oftner Stat. 14 H. 6. Vid. the Statutes concerning Justices of Peace Sat. 5 6 W. M. Certiorari to remove Indictments shall not be out of the King's Bench before Trial and from before Justices of General or Quarter Sessions of Peace unless upon Motion of Council and Rule in open Court and the Party indicted find two Manucaptors before one or two of the Justices in the County in 20 l. to plead to the said Indictment in the King's Bench and at their own Charges to procure the Issue joyned upon such Indictment to be tried at next Assizes after the Certiorari returnable Or if in London Westminster or Middlesex then next Term or Sitting after Term unless the Justices appoint some other time of which Notice must be given Costs against the Prosecutor of the Certiorari if he be Convicted In Vacation time Writs of Certiorari shall be granted by any Justice of King's Bench the Justice and Parties Name being indorsed and finding Sureties If upon any Indictment for not repairing High-ways the Title may come in Question upon Affidavit thereof a Certiorari may be granted to remove it into King's Bench upon Sureties found Vid. Washington's Abridgment of Statutes 152. Justices of Peace shall deliver their Indictments to the Justices of Goal-Delivery And Justices of Goal-Delivery may take a Pannel of a Jury returned by the Sheriff without making any Precept which Justices of Oyer and Terminer ought to make Coke's 4 Inst 168. For the Institution of Justices of the Peace and their Duty and Authority and of what they may inquire See the Stat. 4 H. 7. and Coke's 4 Inst 170 to 183. Justices of Peace Sheriffs in their Tourns and Lords in their Leets may enquire of false Weights and Measures c. Coke's 4 Inst 273. If the Commission of Sewers determine the Justices of Peace have Power to execute for one year Coke's 4. Inst 276. By Stat. 2 3 P. M. 18. a new Commission of the Peace or Goal-Delivery for the whole County shall not be a Supersedeas to a former like Commission granted to a City or Town-Corporate being no County Those who desire to see more of their Institution Jurisdiction and Authority may read thereof more at large in Dalt Just Coke's 4 Inst and other Authors who treat thereof and in the Statutes at large See before in Court of the Sessions of the Peace Page 210. To the Court of the Tourne THIS Court of the Tourne is the King 's Leet through all the County and the Sheriff is Judge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourne From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious Men and Women and all such as have Hundreds of their own to be kept who are not bound to appear except for some other Cause but only in the Bailywicks where they dwell Stat. Marleb 10.25 H. 3. By Stat. 31 Ed. 3. Sess 1.15 Every Sheriff shall hold his Tourne yearly one time within the Month after Easter and another time within the Month after Michaelmas on Pain to lose his Tourne for the Time This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in his Court such as he will at his Peril answer for but he cannot prescribe to take any thing for the keeping of his Tourne because he is an Officer removeable And by Magna Charta Chap. 35. he is to keep his Tourne in the Hundred at the usual Place It was Enacted by Stat. 1 Ed. 4. That all Indictments and Presentments taken before the Sheriff in his Tourne or County shall be delivered to the Justices of the Peace at the next Sessions in Pain of 40 l. who shall Arraign Deliver make Process and proceed thereupon as if they were taken before themselves and shall deliver indented Estreats of the Fines to the Sheriff to be levied to his own use And here if the Sheriff levy any Fine or commit any to Prison by colour of any such Indictment or Presentment or otherwise than by Warrant from the Justices aforesaid he shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had Fines formerly granted unto them Coke's 5 Rep. 112. Mallorie's Case But this extendeth only to Proceedings upon lawful and sufficient Indictments and doth not make any insufficient Indictment good Coke's 9 Rep. 26. Case of the Abbot of Strata Marcella See more in Court-Leet County-Court and Hundred-Court See before in The Court of the Tourne Page 223. To the Court-Leet or View of Frankpledge BY Stat. de Visu Franc. 18 Ed. 2. before mentioned and divers other Statutes the Court of the Leet may enquire of several Offences and amongst the things whereof the Steward of the Leet hath Cognizance and wherewith the Jury is to be charged some are such as may be there enquired of as High-Treason Petit Treason Felonies Burglaries Wilful Burners of Houses or Barns adjoyning thereunto by Night or Stacks of Corn Robbers of Churches and Chappels Takers of Doves out of Dovehouses or young Pigeons or Hawks out of their Nest in the Night or Fishes out of Ponds Stews or Trunks in the Night Stealers of Tame Deer marked Swans or Peacocks Breaking of Prison by Felons Rescuers of Felons and the like and their Accessaries before and after the Felony done Of all which the Jury must make Presentment and this Presentment is to be transmitted to Superior Courts as to the Justices of Goal-Delivery or Justices of Peace in their Sessions And other things whereof this Court hath perfect Cognizance and that may be enquired of and punished here in this Court are 1. By Common Law as the Defaults of Officers and Suitors in doing their Suit to this Court as if any living within the Precinct of the Law-day be not returned of the Decenary or being returned does not appear Or if any above Twelve years of Age have lived within the Leet and had not taken the Oath of Allegiance he was to have been presented here And
if any such Person had come to this Court the Steward ought to have given him this Oath If any Customs or Profits as Treasure Trove Waif Estray or Wreck be withheld from the Lord of the Leet or if any claim any Royal Franchise or levy any new Franchise or abuse any old Franchise within the Leet All common and popular Nusances or Grievances done to the Kings Subjects by Purprestures made in any Land Wood or Water by Walls Hedges Ditches or Houses made up or broken down by straightning turning stopping surrounding or otherwise hurting the common Ways Bridges or Waters by poisoning or corrupting the Air by laying of any Carrion or Filth by selling of corrupt and unwholsom Provision or by the breaking of the due Assize of Bread Beer c. By Erecting Cottages and suffering Inmates by not scowring Ditches or not repairing Highways and Bridges and the like And for all these be the Offend or one Man or a whole Parish he or they may be Amerced and the Jury may order the Reforming of them under a Pain And all great Affrays Outcries and Bloodsheds and such like popular Trespasses which are Trespasses by the Common Law Riots Routs and unlawful Assemblies at the Common Law are punishable in this Court and for this the Offendors are to be Amerced according to Discretion but this must be reasonable and the reasonableness tryable and avoidable by Plea or Judgment of the Court in which the Suit depends Evil Members and persons of ill Behaviour that are dangerous to the Neighbours as Malefactors in Parks such as take Doves by Engines such as are common suspected Thieves or that are the common Messengers of Thieves the common Drunkards the common Haunters of Alehouses or Taverns not having whereon to live Nightwalkers and Day-sleepers that live idlely that have no Estate yet fare well Eves-droppers common Hedge-breakers common Peace breakers Railers and Sowers of Discord between Neighbours Keepers or Haunters of Bawdy-houses common Scolds common Barretors common Usurers Innkeepers who do commonly entertain Thieves and suspicious Persons knowing or suspecting them to be so and such as do remove Bounds or Landmarks between Parishes Hundreds or Counties but not such as remove Bounds between Persons only These last the Steward of this Court heretofore might have bound to the Peace or Good Behaviour but at this day he can only by the Presentment of the Jury Amerce them or make way to have them bound to their Good Behaviour by a Justice of Peace Constables Tythingmen Haywards Aleconners Bailiffs and such like Officers which are chosen and sworn in this Court if any such being chosen refuse the Office and to take the Oath or accepting doth not execute his Office duly or misbehave himself therein as if Constables and Tythingmen do not take care of Watch and Ward keeping the Peace raise Hue and Cry and pursue it for the apprehending Felons when any Felony is done or raise Hue and Cry when none is done or do not punish Rogues and the like or Tythingmen Chief Pledges Surveyors of High-ways Searchers and Sealers of Leather and such like Officers as do not their Duty All that Rescue Persons or Things taken in a course of Law as Rescuers of Persons Arrested or Goods or Cattel Distreined Pound-breakers and the like The lack of Stocks Pillory and Tumbrel Cucking-stool or Common Pound All that use Deceit in Buying and Selling that Sell false Wares for good especially if it be that which is to be Eaten or Drunk That Sell by false Weights and Measures Inn-keepers Victuallers Brewers Bakers Fishers Poulterers or Fishmongers that Sell that which is unwholsome for Food or Sell at unreasonable Prices Bakers and Brewers that do not keep the Assize of Bread and Beer and Millers that take excessive Toll Forestallers Regrators and Ingrossers may be punished in this Court by the Common Law And Usurers as Enemies to Trading But in these and such like Cases the Penalty of the Statute cannot be Imposed for Stewards have no Power by the Statutes but it is punished here as an Offence at the Common Law before the Statute which doth remain still and for these the Offender is to be amerced 2. By Statute Law are punishable Tanners Curriers Shoomakers Searchers and Sealers of Leather such as offend about Fish Malt Archery Guns Unlawful Games Artificers and Labourers Musters Highways Horses Hostlers and Victuallers about the price of Wine Pheasants Partridges Tracers of Hares Hunting in Corn about Cottages and Inmates about Drinking and Drunkenness Watering of Hemp where Cattle Drink about Rogues Crows c. Of all these and some others this Court may Inquire by Authority of divers Acts of Parliament for all which see Shepheard's Court-keepers Guide Coke's 4 Inst. and other Authors and the Statutes at large The Articles to be enquired of by the Leet by 18 Ed. 2. were inquirable therein by the Common Law This Court cannot take Indictments of any Felony for the death of a Man or in any other case where it hath not Cognizance And if it do it is void and it seems the Judge may be punished for it Neither can it take a Presentment of an offence done against a Parish or against a Man The like of Presentments of any thing which is not within the Jurisdiction of the Court. The Jury in this Court may make By-Laws and enquire of the breach of them as they have been used to do And for Cawseys High-ways and Bridges the greater part may bind the rest without consent 44 Ed. 3.19 But no By-Law can be made to Imprison Refusers but Distress and Action of Debt in this Case is the proper Remedy for a Penalty Imposed or Breach of a By-Law Coke's 5 Rep. 64. Shepheard's Court-keepers Guide cap. 39. The manner of Summoning this Court Proceeding therein and Adjournment and Discharging thereof you may see in Kitchins Court Leet Shepheard's Court-keepers Guide and other Authors Visus Franc ' Pleg ' i. e. Libere Fide jussores was instituted for the keeping of the King's Peace that every Freeman at his Age of 12 years should in the Leet if he were in any or in the Tourn take the Oath of Allegiance to the King and that Pledges or Sureties should be found for his Truth to the King and to all his People or else to be kept in Prison This Frank-pledge consisted most commonly of ten Housholds which the Saxons called Theothung in the North parts they call him Tenementale in other places of England Tything whereof the Masters of the Nine Families who were bound were of the Saxons called Freeborgh which in some places is to this day called Freebarow i. e. Free Surety or Frank-pledge And the Master of the 10th Houshold was by the Saxons called by divers Names viz. Theothungmon to this day in the West called Tythingman and Tihenheofod and Freoborher i. e. Capitalis plegius chief Pledge and these Ten Masters of Families were bound one for anothers Family that each Man of their
several Families should stand to the Law or if he were not forth coming that they should answer for the Injury or Offence by him Committed De eo autem qui fugam ceperit Diligenter inquirend ' si fuerit in Franco Plegio Decenna tunc erit Decenna in misericordia coram Justiciarijs nostris quia non habent ipsum Malefactorem ad rectum Bracton Lib. 3. Fo. 124. Hereby it appeareth That the Precinct of this Frank-pledge was called Decenna because it consisted most commonly as hath been said of Ten Housholds and every Man of these several Housholds for whom the Pledge or Surety are taken were called Decennarij because every particular Person in the Kingdom was of one Decenna or other which names are continued as Shadows of Antiquity to this day Ordeine fuit ancientment que nul ne demurrast en le Realm sil ne fuit en dizein plevy de Frank hommes appent aux vise de viewer un fois per an' Frank Pledges les Plevys c. By the due Execution of this Law such Peace was Universally holden within this Realm as no Injuries Homicides Robberies Thefts Riots Tumulâ—s or other Offences were Committed so as a Man with a White Wand might before the Conquest safely have Ridden with much Money about him throughout England without any Weapon Coke's 2 Inst 73. In the Leet or Tourn the Suitors might be compelled to be Sworn as well for the King as between Party and Party for they are not Liberae tenentes in respect of Tenure but do their Suit in respect of Resiance Also the Leets and Tourns are the Courts of the King and of Record and the Court Baron and Hundred Court of other Lords are not Courts of Record Coke's 2 Inst 143. The Oath of Allegiance then and there taken to the King is thus expressed by Britton cap. 12. Voillons nous que trestouts ceux de 12 ans desouth nous facent le serement que ils serr ' Foial Loial que ils ne serr ' Felons ne aux felonies assentaunts And in cap. 24. to this effect You shall Swear That from this day forward you shall be True and Faithful to our Sovereign Lord King E. and his Heirs and Truth and Faith shall bear of Life and Member and Terrene Honour and you shall neither know nor hear of any Ill or Damage intended unto him that you shall not Defend So help you Almighty God Et les Seints But this is now obsolete being altered by several Statutes See Coke's Rep. Calvin's Case The Court of the Tourn of the County and of the Leet or View of Frankpledge are very Ancient for of the Tourn you may Read among the Laws of King Ed. Statutum est quod ibi scil ' apud le Folkmote debent populi omnes c. convenire se Fide Sacramento non fracto ibi in unum simul confederare c. ad defendendum Regnum c. Una cum Domino suo Rege Terras suas honores illius omni fidelitate cum eo servare quod illi ut Domino suo Regi intra extra Regnum vniversum Britanniae fideles esse velint c. Hanc Legem invenit Arthurus qui quondam fuit inclytissimus Rex Britonum ita consolidavit confederavit Regnum Britanniae universum semper in unum Hujus Legis Authoritate expulit Arthurus praed ' Saracenos inimicos à Regno Lex enim ista diu sopita fuit donec Edgarus Rex Anglorum qui fuit avus Edwardi Regis illam excitavit erexit in Lucem per totum Regnum firmiter observari praecepit Et hujus Legis Authoritate Rex Etheldred ' subito uno eodem die per universum Regnum Danos occidit And because this Court or View of Frankpledge or Leet was by the King divided and derived from the Tourn and granted to the Lords to have the view of the Tenants and Resiants within their Manor c. so as they should have the same Justice as they had before in the Tourn without any charge or loss of Time from thence came the Duty in many Leets to the Lord de Certo Lete towards the charge of obtaining the Grant of the said Leet So likewise and for the same Reason were Hundreds and Hundred Courts divided and derived from the County Courts and this the King might do for the Tourn and Leet are both the King's Courts of Record And as the King may Grant a Man to have Power Tenere placita within a certain Precinct and before certain Judges and in a manner Exempt it from the Jurisdiction of his Higher Courts of Justice so might he do in Case of the Tourn and Hundred Courts So as the Courts and Judges may be changed but the Laws and Customs whereby the Courts proceed cannot be altered And as the County Court and Hundred Court are of one Jurisdiction so the Tourn and Leet be also of one and the same Jurisdiction For Derivativa potestas est ejusdem jurisdictionis cum Primitiva But both of the Tourn and the Leet this may be truly said Tempora mutantur nos mutamur in illis Quodque vera institutio istius Curiae evanuit velut umbra ejusdem adhuc remanet Habemus quidem Senatus consultum sed in Tabulis repositum tanquam Gladium in Vagina reconditum Coke's 2 Inst cap. 35. Of Hue and Cry One being an Expression of the other for Huer in French unde Hutesium is to Hoot or Shout in English to Cry There be two kinds one by Common Law or for the King as when any Felony is Committed or any Person Dangerously Wounded or Assaulted and offered to be robbed either in Day or Night The Party grieved or any other may resort to the Constable of the Town and acquaint him with the Causes describing the Party and telling him which way the Offendor is gone and require him to raise Hue and Cry And the Duty of the Constable is to raise the Power of the Town as well in the Night as in the Day for the Prosecution of the Offendor and if he be not found there to give the next Constable warning and he the next until the Offendor be found and this was the Law before the Conquest The Life of Hue and Cry is fresh Suit Thamar The Daughter of King David being violenty Ravished by her Brother Amon The Text saith of her Quae aspergens cinerem capiti suo Scissa talari tunica impositisque manibus super caput suum ibat ingrediens clamans 2 Regum cap. 13. Vers 19. Hue and Cry by force of Acts of Parliament is in divers Cases As if a Watchman doth Arrest a Night-walker and he disobey and fly the Watchman may make Hue and Cry 2. Si quis Forestarius Parcarius aut Warrenarius in balliva sua Malefactores aliquos invenerit vagrantes ad damnum ibidem faciendum c. 3. If Welshmen Outlawed
of the King 's Writ it doth not change the Nature and Jurisdiction of the Court. For as these without Writs are not Courts of Record so when the Plea is holden by Writ the Courts are of the same Nature For upon a Judgment given in both Cases a VVrit of false Judgment lieth and not a Writ of Error But it is true the King may create a new Court and appoint new Judges in it but after the Court is established and created the Judges of the Court ought to determine Matters in the Court. And therefore neither the Lords of Ancient Demesne nor the 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 But in some Cases the Sheriff is made Judge by Parliament as in the Redisseisin by the Stat. of Merton cap. 3. And all his proceeding by force of that Act is of Record and a Writ of Error doth lie of a Judgment given against him Coke's 6 Rep. 11 12. Jentleman's Case In some Actions the Defendant shall be fined in one Court and but amerced in another and yet the Offence shall be all one as in a Writ of Recaption if it be brought in the Common Pleas and Judgment be there given the Defendant shall be fined and imprisoned But if the Writ be brought in the County Court and the Defendant be convict before the Sheriff in the County the Judgment shall not be Quod capiatur quia nulla Curia quae Recordum non habet potest imponere finem neque aliquem mandare carceri quia ista spectant tantummodo ad Curias de Recordo and therefore in such cases he shall be only amerced Coke's 8 Rep. 60. Beecher's Case By Stat. W. 1.33 3 E. 1. No Sheriff shall suffer Barretors or Maintainers of Quarrels or Stewards of great Lords or other unless Attorney for his Lord to make Suit or to give Judgment in the Counties or to pronounce them if he be not required so to do by all the Suitors and Attorneys of the Suitors there present in Pain that both the Sheriff and they shall be grievously punished by the King By Stat. 19 H. 7.24 the Shire Court for Sussex shall be holden one time at Chichester and the next at Lewis alternis vicibus in pain that the Court otherwise kept and the things therein transacted shall be void By Stat. 2 3 E. 6.25 County Courts shall be adjourned from Month to Month and no longer The Sheriff of Northumberland shall keep his County Court at Alnwicke and not elsewhere Stat. 2 3 E. 6.25 This Court is incident to the Office of Sheriff and cannot be divided from it by Letters Patent or otherwise but by Act of Parliament Coke's 4 Rep. 33. Mitton's Case See the Court of the Tourn and the Court Leet and after in the Court of the Hundred and Court Baron See before in The County Court Page 228. To the Court of the Hundred AFter King Alfred had divided the Realm into Shires called so from the Saxon Scyran signifying to cut he divided the Shires into smaller Parts called Lathes of the Word Gelathian which is to Assemble together Others Tythings because there were in each of them Ten Persons whereof each one was Surety or Pledge for the others good a bearing Others Hundreds because they contained Jurisdiction over one Hundred Men or Pledges dwelling in Two Three or more Parishes Boroughs or Towns in which he appointed Administration of Justice severally among them of the same Hundred In Stat. of Marlebridge cap. 11. hundredum is taken pro Visu Franci Plegii so as the Sense is That he who hath Tenements in the Town and in some other View of Frankpledge of some other Lord or in divers Views of Frankpledge he shall not need to come to any other but where he is conversant and Hundreds there are named because Sheriffs keep their Tourns in every Hundred If a Man hath a House and Family in two Leets he shall be taken to be conversant where his Bed is If a man hath a House and Family in Two Hundreds yet he shall do his Suit to the Tourn or Leet where his Person is commorant Coke's 2. Inst. 122. A Man may have a Writ to the Sheriff for discharging him from coming to the Sheriff's Tourn or Hundred or Leet or other Place than in the Leet or Precinct of the Hundred where he dwelleth and if the Sheriff distrain him to come contrary to the Statute of Marlebridge cap. 10. and a Writ be delivered to him he shall have an Attachment against the Sheriff All the Tenants in Ancient Demesne may have this Writ And if a Man be distrained to do Suit twice in the Year appertaining to the Leet he shall have a Writ upon Magna Charta but it is otherwise of the Hundred because Suit is there from There Weeks to Three Weeks Vide F. N. B. 356 to 360. Articuli super Chartas 28 E. 1. Bailywicks and Hundreds shall not be let to Farm at over-great Sums whereby the People may be over-charged to make Contributions to such Farms See the Statute and in Court of the Leet and County Court See before in The Court of the Hundred Pag. 233. To Court Baron THE Court Baron is so called because amongst the Laws of King Edward the Confessor it is said Barones vero qui suam habent Curiam de suis hominibus c. taking his Name of the baron who was Lord of the Manor or for that properly in the Eye of the Law it hath relation to the Freeholders who are Judges of the Court. And in Ancient Charters and Records the Barons of London and the Barons of the Cinque-Ports signifie the Freemen of London and of the Cinque-Ports Coke's 1 Inst 58. a. The Lord of a Manor that hath a Court Baron of common Right and by Course of Law all Pleas therein are determinable by Wager of Law and yet by Prescription the Lord may prescribe to determine them by Jury In a Writ of Right Patent directed to the Lord of the Manor Plea shall be holden of Freehold and the Court in that Case may give an Oath for there is the King 's Writ of Praecipe quod reddat Coke's 2 Inst. 143. Before the Statute of Marlebridge cap. 22. Lords would distrain their Free Tenants to come and shew their Deeds especially the Original Deed whereby they might know by what Rent and Services the Tenancy was held of them and obliquely many times perusing the Deeds which are the Secrets and Sinews of a Man's Land brought in question the Title of the Freehold it self Another Mischief was That the Lords of Court Barons Hundreds c. where the Suitors were Judges would constrain them to swear between Party and Party both which Mischiefs are taken away by the said Statute Coke's 2 Inst 142. Fines for Beaupleader are yet paid in some
of Felony c. Yet when the Sea doth ebb the Land may belong to a Subject The King shall have Flotsam Jetsam and Lagan when the Ship perisheth or the Owners of the Goods are unknown A Man may have Flotsam and Jetsam by the King's Grant and Flotsam by Prescription as before is said Resolved that the Stat. of Westminst 1. cap. 4. by which it is Enacted That of Wreck of the Sea it is agreed That where a Man Dog or Cat escape alive out of the Ship or Vessel not any thing within them shall be accounted Wreck but the Goods shall be saved and kept by the View of the Sheriff Coroner or King's Bailiff c. So that if any sue for those Goods and can prove that they belonged to him or that they perished in his keeping within a year and a day they shall be restored to him without delay c. was but a Declaration of the Common Law And therefore all that which is provided as to Wreck extendeth also to Flotsam Jetsam and Lagan The Common Law gave all these three as also Estray Treasure-Trove and the like to the King for when no Man can claim Property in Goods the King shall have them by his Prerogative But Wreck may belong to the Subject by Grant from the King or by Prescription Flotsam Jetsam and Lagan so long as upon the Sea do not belong to the King but occupanti conceduntur eo quod constare non possit ad quam regionem essent applicanda And Wreck as well as Estrays of an Infant Feme-Covert Executrix a Man in Prison or beyond Sea if proclaimed and none claim them within a Year and a Day are bounden by the Law Coke's Rep. lib. 5.106 108. Sir Henry Constable's Case Rex pro salute animae suae ad malas consuetudines abolendas concessit quod bona in mari periclitata non perdantur nomine Wrecci quando aliquis homo aut bestia vivus de navi evaserit Veies le Stat. W. Primer Cap. 4. And Coke's 2 Inst 167 168. The Sheriff ought to sell bona peritura within the Year And the Subject must prove his Property in them within the Year and Day But the King may claim when he will and make proof If Treasure be found in the Sea the Finder shall have it at this day But otherwise it is now of Treasure Trove upon Land See Coke's 2 Inst. 168. If Wreck be not rightfully seized but taken by wrong-doers the Party may have a Commission of Oyer and Terminer to enquire of them Wreck shall be tried before the King's Justices at Common Law Coke's 2 Inst. 168. Coke's 4. Inst 134 154. The Coroner is to enquire of Wreck Coke's 4 Inst 271. and 3 Inst Title Appeals FINIS AN ALPHABETICAL TABLE A ARchbishops and Bishops Consistory Courts Page 42 Archdeacons Court Page 44 Aulnager Page 205 Admiralty Court Page 292 638 Aldermen and Mayors Court Page 356 Anglesey Isle Page 436 Anguila Page 520 Antegoa Page 524 B. BArons Court Page 235 Band of Pensioners Page 339 Bridge Page 378 Bantam or Banda Page 491 Bombaine Page 491 Bermudas Islands Page 515 Barbudas I. Page 519 Barbadoes I. Page 527 C. Convocation Page 32 Court of Arches Page 39 Court of Audience Page 39 Court of the Faculties Page 40 Court of Peculiars Page 41 Consistory Courts of Archbishops Bishops Page 42 Court of the Archdeacon or his Commissary Page 44 Court of Delegates Page 44 Civil Government of England Page 51 Court of the High Steward Page 81 539 Chancery High Court Page 90 Court of extraordinary Jurisdiction Page 93 Court of the Star-Chamber Page 104 Court for Redness of Delays Page 108 Court of Kings Bench Page 113 Common Pleas Court Page 121 Court of Exchequer Page 127 Court of Inquiry to certifie untrue Accompts in the Exchequer Page 140 Court of Equity in the Exchequer Page 141 544 Court of Justices of Assize Nisi prius Page 144 Court of Justices of Oyer and Terminer Page 153 Court of special Justices of Oyer and Terminer Page 166 Colledges Hospitals c. for charitable and lawful Purposes and Uses Page 167 Court of Justices of Goal-delivery Page 169 Court of Justices of the Forrest Page 175 Court of Justices in Eyre Page 193 Court of Justices of Trailbaston Page 195 Court of Wards and Liveries Page 196 Court of Ancient Demesne Page 196 559 Court of Commissioners of Sewers Page 198 569 Court of Commissioners upon the Statute of Bankrupts Page 201 573 Commissioners for Examination of Witnesses Page 203 578 Court of the Sessions of the Peace Page 210 591 Court of Inquiry of the Defaults of the Justices of the Peace Page 222 Court of the Tourn Page 223 595 Court Leet or View of Frankpledge Page 224 597 County Court Page 228 615 Court of the Hundred Page 233 630 Court Baron Page 235 632 Coroners Court Page 237 635 Court of Escheators and Commissioners for finding of Offices Page 239 635 Court of the Clerk of the Market Page 241 Court of Pipowders Page 246 Court of the Dutchy-chamber of Lancaster at Westminster Page 247 Courts of the County Palatin of Chester Page 251 Court of the County Palatin of Durham Page 252 Court of the County Palat. of Pembroke Page 255 Courts of the Cinque Ports Page 256 Court of Stannaries in the County of Devon and Cornwall Page 261 Court of the Mayor of the Staple Page 263 Court of the President and Council of Wales Page 269 Court of Chivalry before the Constable and Marshal Page 279 Colledge of Heralds Page 283 Court of Admiralty Page 292 638 Court of Commission by force of the Statute 28 H. 8. Cap. 5. Page 298 Commissioners and others for Beacons Signs of the Sea Light houses c. 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the Conviction of the Defendant shall have a Fine there the Sheriff in his County cannot hold Plea of it for no Court can assess a Fine but a Court of Record because a Capias to take the Body is incident to it For it is a Rule in Law Quod placita de transgressione contra pacem Regis in Regno Angliae vi armis factis secundum legem consuetudinem Angliae sine Brevi Regis placitari non debent Neither shall he hold Plea of Trespass for taking away of Charters concerning Inheritance or Freehold for it is a Maxim in Law Quod Placita concernent ' Chart ' seu script ' liberum tenementumâ— tangentia in aliquibus Curiis quae recordum non habent secundum legem consuetudinem Regni Angliae sine Brevi Regis placitari non debent And as inferiour Courts which are not of Record regularly cannot hold Plea of Debt c. or Damages but under 40 s. so the Superiour Courts that are of or Damages regularly unless the Sum amount to 40 s. or above Ne dignitas Curiarum illarum vilesceret ne materiam superaret opus Now as the Superiour Courts ought not to incroach upon the Inferiour so the Inferiour Courts ought not to defraud the Superiour Courts of those Causes that belong to them For Example If in the County Court or other Inferiour Courts they shall divide a Debt of 20 l. into several Pleints under 40 s. in this case the Defendant may plead the same to the Jurisdiction of the Court or may have a prohibition to stay that indirect Suit for as an ancient Record saith Contra jus commune est petere integrum Debitum excedens summam 40 s. per diversas querelas per parcellas scilicet 39 s. 11 d. ob q. The Maxim of the Common Law is Quod placita de catallis debitis c. quae summam 40 s. attingunt vel eam excedunt secundum legem consuctudinem Angliae sine Brevi Regis placitari nondebent And these Words sine Brevi Regis are material Words for by the King 's Writ the Sheriff in the Country Court may hold Plea of Goods debt c. above the Value of 40 s. and by force of the King 's Writ of Justicies he may hold Plea of an Obligation of what Sum soever For Example of 1000 Marks the which Writ is in the nature of a Commission to the Sheriff to hold Plea of Debt above 40 s. The words of which Writ are Rex Vicecom ' salutem Praecipimus tibi quod Justicies A. quod juste sine dilatione reddat B. mille Marcas quas ei debet ut dicit c. ne amplius inde clamorem audiamus pro defectu Justiciae By force of which Writ he may hold Plea of the same and the Process therein is Attachment by his Goods c. but no Capias and altho' the Power of the Court by this Writ is in this particular inlarged and the Words of the Writ to the Sheriff are quod Justicies c. Yet is not the Jurisdiction of the Court as concerning the Judicature thereof altered for those Words of the Writ do not nor can make the Sheriff Judge of that Court in that particular Case for that were to alter the Juristiction and Judicature of the Court whereof by the Common Law the Suitors be Judges which cannot be altered but by Act of Parliament The Plaintiff may remove this Plea without Cause shewed but the Defendant cannot without shewing of Cause Also by force of a Justicies to the Sheriff he may hold Plea of a Trespass Vi Armis See the Register and F. N. B. divers forms of Writs of Justicies in many Actions The Sheriff may also hold Plea in a Replevin of Goods and Chattels above the value of 40 s. For if it be by Writ the Words of the Writ be Rex Vicecom ' c. Praecipimus tibi quod juste sine dilatione replegiari facias B. averiâ— sua Or Bona Catalla sua quae D. cepit injuste detinet ut dicit c. ne amplius inde clamorem audiamus pro defectâ— Justiciae By force of which Writ which is in nature of a Commission the Sheriff may deliver the Beasts or Goods and Chattels of what Value soever And if the Replevin be by Plaint in the County Court the Sheriff by the Statute of Marlebridge may hold Plea of what Value soever The like Writs in the nature of a Commission directed to Sheriffs are the Admeasurement of Pasture Recaption Nativo habendo and many others The said Words Vailent 40 s. al meins have received this Construction that the same must so appear to be of Value in the Plaintiffs Count for it is not sufficient that it appears by Verdict the Sum is under 40 s. For Example if the Plaintiff count in Trespass Debt Detinue Covenant c. to the damage of 40 s. and the Jury find the Damages under 40 s. yet the Plaintiff shall have no Judgment albeit in truth the Case de jure belong'd to the Inferior Courts And it appeareth by this Act that the County Court hath no Jurisdiction to hold Plea de Plagis Maihemiis of Wounds and Maihems but those Pleas must be determined in the King 's Higher Courts but of Battery without wounding or maihming this Act proveth that the Country Court hath Jurisdiction Albeit this Statute speaketh only of the Execution of the Body yet might he have had at the making of this Act a Fieri Fac ' and afterwards by the Stat. W. cap. 45. he may have an Elegit for this Branch being in the Affirmative doth not restrain the Plaintiff to take any other Remedy Coke's 2 Inst 311 312 and 313. In all Writs directed to Sheriffs concerning the County Court the King saith In Comitatu suo and in all Returns of Exigents made by him he saith Ad Comitatum meum tentum c. and the Stile of the Court proveth the same also And by Stat. 33. H. 8. cap. 13. it is provided That the Sheriff of Denbigh shall keep his Shire-Court at the Shire-Hall in the said County c. by which as by many other Parliaments it appeareth That the County or Shire Court is the Court of the Sheriff altho' the Suitors be there Judges in some Cases And as the Custody of the Entries and Rolls thereof do belong to the Office of the Sheriff he shall answer for them as immediate Officer to the Court. And therefore the Sheriff shall appoint Clerks under him in his County Court for whom he shall answer at his Peril The same Law is of the Sheriffs Tourne Coke's 4 Rep. 191. Mitton's Case Resolved That if the Plea be holden by Writ or without Writ the Suitors are Judges The Reason why the Writ is directed to the Lord or Sheriff is because the Court Baron is the Lord's Court and the County Court is the Sheriff's Court. And in case they hold Plea by force