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

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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 tha● it should belong to the Barony of Hinkley The truth is That Hinkley was parcel of the Possessions of the Ear● of Leicester for Robert Bellomont Ear● 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 o● 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 i● 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 So● and Heir of John of Gaunt Duke o● 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 wa● never granted to any Subject bu● 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 indu●tria vestris plurimum c●nfidente● ord●n●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 ver● un des Pieres del Realm le Tryal est per s●s Pieres quel maner de tryal in Appel nes● 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 d●rien culpable Veions l'order proces d●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 pers●● Letters patents ferra un graunde sag● Seigniour d'estre de grand Senescha●● 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 wel● 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
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 ●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