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
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
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
Man And Spring and Fall there is an Orphans Court in each County to Inspect and Regulate the Affairs of Widows and Orphans The Government of the Natives is by Kings which they call Sachema and those by Succession but always of the Mothers side For Instance the Children of â—im who is now King will not succeed but his Brother by the Mother or the Children of his Sister whose Sons and after them the Children of her Daughters will Reign for no Woman Inherits This they do that their Issue may not be spurious Every King hath his Council and that consists of all the Old and Wise Men and also the Young without which Assembly nothing of moment is undertaken The Justice they have is Pecuniary even for Murther it self And it 's agreed That in all differences between the Natives and English Six of each side shall end the matter The Chief City Philadelphia In the Center of which is a Square of Ten Acres at each Angle is or was intended Houses for publick Affairs as a Meeting House Assembly or State-House c. Mary-Land THis Province is bounded on the North with Pensylvania on the East by De la Ware Bay and the Atlantick Ocean on the South by Virginia from whence it is parted by the River Patowmeck Chesapeack Bay is the passage for Ships both into this Country and Virginia and runs through the Middle of Mary-Land being found Navigable near Two hundred Miles into the Land into which fall divers considerable Rivers The Climate is very agreeable to the English Constitution especially since the clearing of the Ground from Trees and Woods which formerly caused much unhealthfulness neither is the Heat extream in Summer being much qualified by the Cool Winds from Sea and the refreshing Showers and the Winter so Moderate as doth no way Incommode the Inhabitants It is seated between 37 Degrees and 40 Degrees of Northern Latitude and was discovered at the same time with Virginia The Country is generally Plain and Even the Soil rich and fertile Naturally producing all such Commodities as are found in New England as to Fish Fruits Plants Roots c. The chief Trade of the English hither is Tobacco which is not inconsiderable since 100 Sail of Ships have in One Year Traded hither from England and the Neighbouring English Plantations It is divided into Ten Counties in each of which a Court is held every Two Months for little Matters with Appeal to the Provincial Court at St. Maries which is the Principal Town seated on Saint George's River and Beautified with several well Built Houses This Province was granted by Patent to the Right Honourable the Lord Baltimore and to his Heirs and Assigns with many Civil and Military Prerogatives and Jurisdictions as conferring Honours Coyning Money c. paying Yearly as an acknowledgment to His Majesty and Successors Two Indian Arrows at Windsor Castle upon Easter Tuesday The Lord Baltimore hath his Residence when there at Mattapany about 8 Miles distant from St. Maries where he hath a pleasant Seat tho' the General Assemblies and Provincial Courts are kept at St. Maries and for Encouraging People to settle here His Lordship by the Advice of the General Assembly Established a Model of excellent Laws for the Ease and Security of the Inhabitants with Toleration of Religion to all that profess Faith in Christ which hath been a principal Motive to many to Settle here Virginia DIscovered with others by Sebastian Cabott 1497 after was Visited by Sir Francis Drake and called Virginia by Sir Walter Rawleigh in Honour of his Mistress Queen Elizabeth In 1603 some Persons at Bristol by Leave from Sir Walter Rawleigh who had the Propriety thereof made a Voyage hither who Discovered Whitson's Bay in 41 Degrees and afterwards in 1607. Sir John Popham and others settled a Plantation at the Mouth of the River Sagahador the Captain James Davis choosing a small place almost an Island to sit down in where having heard a Sermon and read their Patent and Laws and Built a Fort They Sailed farther Discovering a River the Head whereof they called Fort St. George Captain George Popham being President After the first Discovery Virginia cost no small Pains and Experience before it was brought to perfection with the loss of many English Lives In the Reign of King James the First a Patent was granted to certain Persons at a Corporation who were called The Company of Adventurers of Virginia But upon several Misdemeanors and Miscarriages in 1623 the Patent was made void and hath since been free for all His Majesty's Subjects to Trade to It is scituate South of Mary-Land and hath the Atlantick Ocean on the East The Air is good and Climate agreeable to the English since the clearing it from Woods The Soil very fruitful but Tobacco is their chief Commodity and the Standard whereby all the rest are prized This Country is well Watered with many great and swift Rivers that lose themselves in the Gulph or Bay of Chesapeak which gives Entrance into this Country as well as Mary-Land being a very large and capacious Bay and running up into the Country Northward above 200 Miles The Rivers of most account are James River Navigable 150 Miles York River large and Navigable above 60 Miles and Rapahanok Navigable above 120 Miles Adjoyning to these Rivers are the English settled for the Conveniency of Shipping having several Towns the chief whereof is James Town commodiously seated on James River very neat and well beautified with Brick-Houses where are kept the Courts of Judicature and all publick Offices which concern the Country Next to James is Elizabeth Town well built and seated on the Mouth of a River so called Likewise the Towns of Bermudas Wicornoco and Dales-Gift The Country is Governed by Laws agreeable to those in England for the better observing whereof those parts possessed by the English are divided into the Counties of Caroluck Charles Gloucester Hartford Henrico James New Kent Lancaster Middlesex Nausemund Lower Norfolk Northampton Northumberland Rappohanock the Isle of Wight and York In each of which Counties are held petty Courts every Month from which there may be Appeals to the Quarter Court at James Town The Governour is sent over by the King of England Carolina SO called from the late King Charles the Second is a Colony not long since Established by the English and is that part of Florida adjoyning to Virginia between 29 and 36 Degrees of North Latitude On the East it is washed with the Atlantick Ocean and is bounded on the West with Mare Pacificum or the South-Sea and within these Bounds is contained the most fertile and pleasant parts of Florida which is so much commended by the Spanish Authors Of which a more ample Account cannot be given than what an English Man who Lived and was concerned in the Settlement thereof Delivered in these Words This Province of Carolina was in the Year 1663. Granted by Lett es Patent of His late Majesty King Charles
the Second in Propriety unto the Right Honourable Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley after Earl of Shaftsbury Sir George Carteret after Lord Carteret Sir John Coleton Knight and Baronet and Sir William Berkley Knight By which Letters Patent the Laws of England are to be in force in Carolina But the Lords Proprietors have power with the Consent of the Inhabitants to make By Laws for the better Government of the said Province so that no Money can be Raised or Law made without the Consent of the Inhabitants or their Representatives They have also power to appoint and impower Governours and other Magistrates to grant Liberty of Conscience make Constitutions c. with many other great Priviledges as by the said Letters Patent will more largely appear And the said Lords Proprietors have there settled a Constitution of Government whereby is Granted Liberty of Conscience and wherein all possible Care is taken for the equal Administration of Justice and for the lasting Security of the Inhabitants both in their Persons and Estates by the Care and Endeavours of the said Lords Proprietors and at their very great Charge Two Colonies have been settled in this Province the one at Albemarle in the most Northerly part the other at Ashley River which is in the Latitude 32 Degrees odd Minutes Care is taken by the Lords Proprietors That no Injustice be done the Natives who are here in perfect Friendship with the English in order to which is established a particular Court of Judicature to Determine all Differences The Lords Proprietors do at present Grant to all Persons that come to Inhabit there several reasonable Advantages to all Conditions of Men and sell their Land to any after the Rate of 50 Pounds for 1000 Acres The manner of Purchasing is The Party seeks out a place to his mind not possessed by any other then applies to the Governovr and Proprietors Deputies who thereupon Issue out their Warrant to the Surveyor General to measure him out a Plantation who making Certificate That he hath Measured out so much Land appointed a Deed is prepar'd of course which is Signed by the Governour and the Lords Proprietors Deputies and the Proprietors Seal affixed to it and Registred which is a good Conveyance in Law of the Land therein mentioned to the Party and his Heirs for ever Thus having Travelled the Main Land of America we must Cross the Seas and take a View of the Islands belonging to the Crown of England in the West Indies The first being Bermudas OR Summers Islands which are a Multitude of Broken Isles some write no less than 400 scituate directly East from Virginia from which they are distant 500 English Miles and 3300 Miles from the City of London so named from John Bermudaz a Spaniard after Summers Islands from the Shipwreck of Sir George Summers there The Island of more Fame and Greatness than all the rest and to which the Name of Bermudaz is most properly ascribed is scituated in the Latitude of 32 Degrees and 30 Min. North. The Air is sound and healthy very agreeable to the English Bodies the Soil as fertile as any well Watered plentiful in Maize of which they have Two Harvests yearly that which is sowed in March being cut in July and what is sowed in August is mowed in December No Venemous Creature is to be found in this Isle nor will Live if brought thither and besides these Advantages it it so fenced about with Rocks and Islets that without knowledge of the Passages a Boat of Ten Tun cannot be brought into the Haven yet with such knowledge there is Entrance for the Greatest Ships The English have since added to these Natural Strengths such Artificial Helps by Block Houses Forts and Bulwarks in convenient places as may give it the Title of Impregnable It was first Discovered rather Accidentally than upon Design by John Bermudas a Spaniard about 1522 and thereupon a Proposition made in the Council of Spain for settling a Plantation therein as a place very convenient for the Spanish Fleet in their Return from the Bay of Mexico by the Streights of Bahama yet was it neglected and without any Inhabitants till the like Accidental coming of Sir George Summers sent to Virginia with some Companies of the English by the Lord De la Ware in 1609 who being Shipwreck'd on this Coast had the Opportunity to survey the Island which he so well liked that he Endeavoured to settle a Plantation in it at his Return in 1612. The first Colony was sent over under Richard More who in Three years Erected 8 or 9 Forts in convenient places which he planted with Ordnance In 1616 a New Supply was sent over under Captain Tucker who apply'd themselves to sowing of Corn setting of Trees brought thither from other parts of America and Planting that gainful Weed Tobacco In 1619. the Business was taken more to Heart and made a Publick Matter many Great Lords and Persons of Honour being interested inâ— it Captain Butler was sent thither with 500 Men. The Isle was divided into Tribes or Counties a Burrough belonging to each Tribe and the whole reduced to a settled Government both in Church and State according to the Laws of England After this all succeeded so well that in 1623 there were said to be 3000 English and Ten Forts whereon were planted Fifty Pieces of Ordnance their Numbers since increasing daily both by Children born within the Island and Supplies from England All the Isles together represent an Half-Moon and Inclose very good Ports as the Great Sound Harrington Inlet Southampton and Paget's Bay with Dover and Warwick Forts having their Names from the Noble Men who were Undertakers therein The greatest Isle is called St. George five or six Leagues long and almost throughout not above a quarter or half a League broad The Air is almost constantly Clear Except when it Thunders and Lightens is extream Temperate and Healthful few dying of any Disease but Age so that many remove from England hither only to enjoy a long and healthful Life and after having continued there are fearful of Removing out of so pure an Air. The very Spiders here are not Venemous but of divers curious Colours and make their Web so strong that oftentimes small Birds are entangled and caught therein Their Cedar Trees are different from all others and the Wood very sweet In 1685. the Governour hereof was Sir Henry Heydon The Caribee Islands NExt present themselves so called in General because Inhabited by Canibals or Man-eating People at the first Discovery as the word Caribee imports They ly extended from the Coast of Paria to the Isle Porto Rico many in number 27 of them known by proper Names In Nine whereof the English are concerned viz. Barbuda Anguilla Montserrat Dominica St. Vincent Antegoa Mevis or Nevis St. Christophers and Barbadoes And first in Barbuda SCituate in 17 Degrees of North Latitude
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
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