Law-Books lately Printed for J. Walthoe in the Temple Cloysters 1 COke's Reports with References to all the Ancient and Moderâ— Books of the Laws in 11 Vol. Fol. 2. Dalton's Countrey Justice with large Additions Fol. 3. Cases argued and decreed in the High Court of Chancery Fol. 4. A Collection of the Orders relating to the Practice of the Courts of Chancery and Exchequer 12mo 5. The Law of Common and Commoners or a Treatise shewing the Original and Nature of Common 8vo 6. The Method of Pleading by Rule and President 8vo 7. The Compleat Sheriff wherein is set forth his Office and Authority together with that of a Coroner 8vo 8. A View of the Penal Laws concerning Trades Professions and Traffick and what Offences are punishable in the Crown Office 12mo 9. The Abridgement of the Statutes of King William 8vo 10. Bridgman's Conveyances is now in the Press and will be speedily published with Additions Fol. 11. Tryals per Pais or the Laws of England concerning Juries 8vo 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 Iurisdiction of Courts THEREIN Methodically Digested under their Proper Heads By H. C. sometime of the Inner-Temple LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold by Iohn Deeve at Bernard's-Inn-Gate in Holbourn 1699. THE PREFACE TO THE READER AT my first Entrance into the Study of the Laws of England knowing Method and Order conduce much to the enlightning of the Vnderstanding rendring things more perspicuous and comprehensive to the discerning Judgment and sitting them better for the retaining Memory I resolved to observe a Regular Course and therefore searched for such Authors and endeavoured to make use of such Means as might best correspond with my Design therein But among the several Treatises of the Laws and Government of this Kingdom and Jurisdiction of Courts heretofore written by several Eminent and Learned Men finding none were so compleat nor had that Beauty of Order and Vniformity at might be expected And the Lord Coke in the Epilogue to his Fourth Institutets concerning the Jurisdiction of Courts desiring the Wise-hearted and Expert Builders would amend both the Method and Vniformity and the Structure it self where they should find any Deficiency in the Architecture and considering that great Alterations have been made since by divers Acts of Parliament and otherwise I was enduced to compile this Methodical Compendium of the Laws and Government of England and the Dominions thereunto belonging to direct and facilitate my farther Studies But the Importunity of some having prevailed with me to promise contrary to my first Intention and Inclination to make it Publick If it prove beneficial to others it will surmount all the Ambition may be thought to be in Yours To the extent of his Power H. Curson A Table of Contents Governments in General ORiginal of Government Pag. 1 Law is General Pag. 4 Law Eternal ibid. â—aw of Reason Pag. 5 Divine Law Pag. 6 Humane Law Pag. 7 Fundamentals of the Laws of England Pag. 8 The Government of England The Government of England Pag. 22 The King ibib Privy Council ibid. Ecclesiastical Government of England Ecclesiastical Government Pag. 28 Convocation Pag. 32 Executive Power in Causes Ecclesiaical Pag. 36 High Commission Court Pag. 36 Court of Arches Pag. 39 Court of Audience ibid. Court of the Faculties Pag. 40 Prerogative Court of Canterbury ibid. Court of Peculiars 41 Consistory Courts of Archbishops Bishops 42 Court of the Archdeacon or his Commissary 44 Court of Delegates 44 Laws and Constitutions Ecclesiastical 45 Trials Ecclesiastical in Civil Causes 46 Trials Ecclesiastical in criminal Causes 46 Punishments by Ecclesiastical Courts 47 Punishments Ecclesiastical peculiar to the Clergy 49 Civil Government of England Civil Government of England 51 High Court of Parliament 51 535 Executive Power in Temporal Affairs 80 Court of the High Steward of Eng. 81 539 High Court of Chancery 90 Court of extraordinary Jurisdiction 93 Court of the Star-Chamber 104 Court for Redress of Delays of Judgment in the King 's great Courts 108 Court of Kings Bench 113 Court of Common Pleas Court 121 Court of the Exchequer 127 Court of Inquiry to certifie untrue Accompts in the Exchequer 140 Court of Equity in the Exchequer 141 544 Office of the Pleas in the Exchequer 142 Courts of Justices of Assize Nisi-prius 144 Court of Justices of a Oyer and Terminer 153 Court of special Justices of Oyer and Terminer 166 Money collected for the Houses of Correction or for the Poor 166 Colledges Hospitals or Alms-houses or for charitable and lawful Purposes and Uses 167 Court of Justices of Goal-delivery 169 Court of Justices of the Forrest 175 Court of Justices in Eyre 193 Court of Justices of Trailbaston 195 Court of Wards and Liveries 196 Court of Ancient Demesne 196 559 Court of Commissioners of Sewers 198 569 Court of Commissioners upon the Statute of Bankrupts 201 573 Commissioners for Examination of Witnesses 203 578 King's Swanherd 204 587 King's Aulnager 205 590 The Government of Counties in England 207 Court of the Sessions of the Peace 210 Court of Inquiry of the Defaults of Justices of the Peace Justices of Assize Sheriffs and Under-Sheriffs 222 The Execution of Laws in each County ibid. Court of the Tourn 223 595 Court Leet or View of Frankpledge 224 597 County Court 228 615 Court of the Hundred 233 630 Court Baron 235 632 Coroners Court 237 635 Court of Escheators and Commissioners for finding of Offices 239 635 Court of the Clerk of the Market 241 Court of Pipowders 246 Court of the Dutchy-chamber of Lancaster at Westminster 247 Courts of the County Palatin of Chester 251 Court of the County Palatin of Durham 252 Royal Franchise of Ely 254 Court of the County Palat. of Pembroke 255 Franchise of Hexam and Hexamshire 255 Courts of the Cinque-Ports 256 President and Council in the North 258 The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland 260 Court of Stannaries in the Counties of Devon and Cornwall 261 Court of the Mayor of the Staple 263 The Principality of Wales The Principality of Wales 266 Court of the President and Council of Wales 269 The great Sessions in Wales 270 Military Government of England Military Government of England 275 Court of Chivalry before the Constable and Marshal 279 Colledge of Heralds 283 Maritime Power of England Maritime Power of England 287 Court of Admiralty 292 638 Navy Office 295 Court of Commission by force of the Statute 28 H. 8. Cap. 15. 298 Port Courts 298 Commissioners and others for Beacons Signs of the Sea Light-houses Sea-marks and concerning Watches 299 De Conservatore Treugarum i. e. Induciarum c. 302 Court of the King of England Court of the King of England 308 Ecclesiastical Government of the King's Court
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
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
these Archbishops have the Style of Grace with the Title of Lord prefixed in speaking to them and are termed Arch or Chief Bishops it seeming requisite to our Ancestors according to other Christian Churches since the first Nicene Council to have amongst a certain number of Bishops One to be Chiefest in Authority over the rest for the remedy of General Disorders or when the Actions of any Bishop should be called in question c. And next under these Archbishops are Bishops Twenty four whereof Twenty one Bishops with their Bishopricks or Diocesses are in the Province of Canterbury and the other Three in the Province of York who are in Conformity to the first Times and Places of Established Christianity One of the Clergy Ordained in every City to have the preheminence over the rest of the Clergy within certain Precincts And these are likewise Lords in respect of their Baronies annexed to their Bishopricks and for easing the Bishop of some part of his Burthen as the Christians waxed Great or as in respect of the Largness of the Diocess in the primitive Times there were Ordained Chorepiscopi Suffragan or Subsidiary Bishops so in England are such Ordained by the Name of Bishops Suffragans or Titular Bishops who have the Name Title Style and Dignity of Bishops and as other Bishops are Consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as are limited by the Bishop or Diocesan whose Suffragan he is By Act of Parliament of King Henry the 8th still in force they are to be only of several Towns therein named and in case the Archbishop or some other Bishop desire the same the Bishop is to present Two Able Men whereof the King chuseth One for any of the places named And the next in the Church Government is the Arch-Deacon who tho' a Presbyter himself is so named for that he hath Charge over the Deacons who are to be guided and directed by him under the Bishop and of these are Sixty in England And next under them are Deacons or Deans from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because anciently set over Ten Canons at the least which Canons were prudent and pious Pastors placed in a Collegiate manner at every Cathedral or Apostolick See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves for Government and Authority in the Church and accordingly in every Cathedral Church in England is A Dean and under him a certain number of Prebendaries or Cannons and this Dean is sometimes styled Alter Episcopi Oculus the other being the Arch-Deacon and of these Deacons are 26 Deans of Cathedral and Collegiate Churches and 544 Prebendaries And next are Rural Deans or Archi-Presbyters so called because they had usually charge over Ten Country Parsons Presbyters or Priests having the Guidance and Direction of them and of these are many in England And in the last place are Pastors Presbyters or Priests of every Parish commonly called Rectors unless the Praedial Tithes are Impropriated and then they are called Vicars quasi Vice Fungentes Rectorum and of these Rectors or Parsons and Vicars are about 9700 besides Curates who for Stipends assist such Rectors and Vicars that have the Cure of more Churches than One. Of all which with their manner of Election Consecration Function Precedence Priviledges and Duties c. you may Read more at large in several Authors who have writ particularly thereof to whom I refer and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government which is The Convocation BEing a National Synod which the King by the Advice of his Privy Council usually Convokes for the Church Legislative Power or for making Ecclesiastical Laws or consulting of the more weighty Affairs of the Church in this manner The King directs his Writ to the Archbishop of each Province whereupon the Archbishop directs his Letter to his Dean citing himself peremptorily and then willing him in like manner to Cite all the Bishops Deans Archdeacons Cathedrals and Collegiate-Churches and all the Clergy of his Province to the Place and at the Day prefixt in the Writ But directeth withal that One Proctor sent for each Cathedral and Collegiate Church and Two for the Body of the Inferiour Clergy of each Diocess may suffice The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province Citing them in like manner to appear personally and the Cathedral and Collegiate Churches and Inferiour Clergy of his Diocess to send their Proctors to the Place and at the Day appointed also to certifie to the Archbishop the Names of all so Summoned by them The Place where the Convocation of the Clergy was usually held was heretofore at St. Paul's Church of latter Times in King Henry the Sevenths Chappel at Westminster The Higher House in the Province of Canterbury consisting of Twenty two Bishops of whom the Archbishop is President sitting in a Chair at the Upper end of a Great Table and the Bishops on each Side of the same Table all in their Scarlet Robes and Hoods the Archbishops Hood Furr'd with Ermin the Bishops with Minever The Lower House consisting of Twenty two Deans Twenty four Prebendaries Fifty four Archdeacons and Forty four Clerks representing the Diocesan Clergy in all One hundred Sixty six Persons Their Jurisdiction is to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein to proceed Juxta Legem Divinam Canones Ecclesiae and as they are called so they are often commanded by the King 's Writ to deal with nothing that concerns the King's Laws of the Land his Crown and Dignity c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent are binding upon themselves and all the Laity But before the above-mentioned Act a Dism◠granted by the Clergy in the Convocation did not bind the Clergy before the Royal Assent The first Day of their meeting the Upper House chuse a Bishop for their Prolocutor and the Lower House being required by the Higher chuse them a Speaker or Prolocutor whom by two Members they present to the Upper House One of them making a Speech in Latin and then the Elect Person makes another Speech in Latin and then the Archbishop Answers in Latin and in the Names of all the Lords approves the Person Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth In the Higher House all things are first proposed and then communicated to the Lower House The Major Vote in both Houses prevails Out of Parliament time they usually assemble about Nine of the Clock in the Morning And first the Junior Bishop says in Latin Prayers beginning with the Litany and Prayer for the King c. In the Lower House the Prolocutor says
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
in French Pourallèe i. e. Perambulatio By this it appeareth That Chases that never were Forests cannot have any Purlieu and consequently the case of 16 Eliz. Dyer 326. is mistaken for the Chase of Whaddon never was a Forest The Owners of the Soil within the Purlieu may at their will and pleasure Fell Cut down Eradicate and Stub up all Timber Trees Woods and Under-woods and convert the same into Arrable Land or dispose and inclose the same as if the same had never been Afforested The King's Raâ—â—gers may Re-chase with their Hounds any Deer out of the Purlieu into the Forest again and may present unlawful Huntings and Hunters of the Kings Deer within the Purlieu as in the Night or at unseasonable Deer or by one no Purlieu Man As appears by the Rangers Oath Coke's 4 Inst. cap. 73. And where is no Purlieu there are no Rangers The Kings Game or Deer are not marked therefore Ranging out of the Forest and Purlieu if any be belonging to the King Therefoâ—e the Abbot of Whitby Huntting in Whitby Forest adjoyning to the Forest of Pickering which belonged to the Earl of Lancaster The Sheriff being commanded to Summon the Abbot before the Justices in Eyre 8 E. 3. Rot. 42. He pleaded his Title to the Forest and that all Abbots of that place by their Grants might with Engins Netts c. take Wild Beasts By which it appears That when the Kings Game range out of the Forest they are at their natuâ—al Liberty Et occupanti conceduntur And now a word of The Drifts of the Forests by the Statute of 32 Hen. 8. all Forests Chases Commons Heaths Moors and Wast grounds within England and Wales are to be driven at the Feast of St. Michael yearly or within 15 days after or at any other season or time of the year And the end of these Drifts is First To see if those who ought to Common do Common with such Cattel as by Prescription or Grant they ought Secondly That they do not Surcharge Thirdly If the Cattel of any Stranger be there who ought not to Common at all A Forrest being as it is described before that which hath Power to hold the several Courts before mentioned it is further to be observed That if the King having a Forest grant the same to a Subject in Fee the Grantee shall have no Forest because he hath no power to make Justices and Officers of the Forests to hold Courts c. But if the King grant a Forest to a Subject with this further That upon request made in Chancery he and his Heirs shall have Justices of the Forest Then the Subject hath a Forest in Law As the Duke of Lancaster had the Forests of Pickering and Lancaster And the Abbot of Whitby had the Forest of Whitby in the County of York A Chase is where there are Keepers only and no Court of Swanimote but is governed by the Common Law And when a Forest is granted by the King to a Subject without the Power above mentioned to have Justice of the Forest Then that which was a Forest before shall be said to be a Chase and a Chase is a certain compass of Ground to nourish and maintain Deer granted by the King in my own Land and is not inclosed but lieth open A Park is Land inclosed and stored with Wild Beasts which may be had by Prescription as well as by Grant of the King and a Park is always inclosed with some Pale Wall or the like and is not open for if it lie open it is cause of Forfeiture or Seisure A Warren is where one by Grant of the King or by Prescription doth use to have Pheasants Partridges Conies and Hares and no other Wild Beast or Vermin within certain of his Lands And none may make a Warren but the King no more than they may make a Forest or Chase because it is a special Priviledge which belongeth to the King only But it may be had by Prescription And in every Warren is a Master and Servants to attend for the safeguard of the Beasts and Birds of Warren but there is no Court of Swanimote or other Court For Trespass done in a Warren is punishable by the Common Law And the King may grant to me Warren which he hath in such his Demesne Land And also which he hath in Lands of others And may grant me Waren in my Lands for Conies and Hares and to an other that he have Warren there for Partridge and Phesant And if the King grant that none shall Chase or Hunt any Beasts in my Land it is a good grant for Beasts of Chase and Warren and it is not a Warren but a Free Chase And for other matters relating to Forest Park Chase and Warren Vide compton's Jurisdiction of Courts and Coke's 4 Inst The Beasts of Park or Chase properly extend to the Buck the Doe the Fox the Roe the Marton but in a common and Legal Sense to all the Beasts of the Forest The Forest and Chase differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest Beasts of Forest are properly a Hart Hind Buck Hare Boar Wolf ut supra but legally all Wild Beasts of Venery There are both Beasts and Fowls of Warren as Hares Conies and Roes called in Records Capreoli Fowls of two sorts Terrestres and Aquatiles Terrestres of two sorts Silvestres and Campestres Campestres as Partridge Quâ—il Rail c. Silvestres as Phesants Woodcock c Aquatiles as Mallard Hern c Of the Officers of Park Forest c and Conditions annexed and causes of forfeiture See Coke's 1 Inst 233. a. b. Vivarium is taken for Waters where Fishes are kept Coke's 2 Inst 162. It is not lawful for any Man to Erect a Park Chase or Warren without a License under the Great Seal of the King who is Pater Patriae and Head of the Common-wealth for the Common Law gave no way to matters of Pleasure wherein most Men do exceed for that they brought no profit to the Common-wealth Unto a lawful Park three things are requisite First A Liberty either by Grant of the King or by Prescription Secondly Inclosure by Pale Wall or Hedge Thirdly Beasts Savages of Park By Stat. Westm 1. cap 20. Trespasses in Parks and Vivaries shall make good and high amends according to the manner of the Trepass have Three years Imprisonment make Fine to the King or otherwise find Surety no more to Offend or else to Abjure the Realm If one Hunt in a Park or Fish in a Pond altho' he kill no Deer or take any Fish yet this is a Misfeazance within this Statute And this Act being Affirmative to the Common Law the party may bring his Action upon this Statute or may waive the benefit of this Act and bring his Action of Trespass Generally at the Common Law If the Damages given be too small the court may encrease the Damages The King may pardon
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
the Seat of the old Robogni Darnij Volentij Venicnij and Erdini 116 Miles long and 100 broad It contains Ten Counties viz. 1. Antrim divided into Nine Baronies the chief Towns Carrick-fergus Belfalst and Antrim 2. London-Derry or Colerain divided into Five Baronies chief Towns London-Derry and Colerain 3. Dunnagal or Tir-Conel divided into 5 Baronies chief Town Dunnagal and Balishannon 4. Tyrone divided into Four Baronies chief Towns Dungannon 5. Fermanagh divided into Eight Baronies chief Town Enniskilling 6. Cavan divided into Seven Baronies chief Town Cavan 7. Monaghan divided into Five Baronies chief Town Monaghan 8. Armagh divided into Five Baronies chief Towns Charlemont and Armagh 9 Down divided into Eight Baronies chief Town Down and Newry And 10 Louth often reckoned in Lemster divided into Four Baronies chief Towns Drogheda Dundalk and Louth the chief Town of the whole is London-Derry 2. Connaught Incol Connauhty on the South-west of Ulster bordering on the Western Ocean The Seat of the old Gangani Auteri and Nagnatae 130 Miles long and 84 broad It contains Six Counties viz. 1. Letrim divided into Five Baronies chief Towns Letrim and James Town 2. Slego divided into Six Baronies chief Town Slego 3. Mayo or Majo divided into Nine Baronies chief Towns Mayo or Moy and Killalore 4. Roscommon divided into Six Baronies chief Towns Athlone Roscommon and Boyle 5. Galway divided into Seventeen Baronies chief Towns Galway Tuam and Clonefart And 6 Thomond or Clare oft reckoned in Munster divided into Eight Baronies chief Towns Clare and Killalow The chief Town of the whole is Gallway 3. Leinster Incol Leighnigh on the East of Connaught and South of Ulster The Seat of the old Briguntes Menapij Cauci and Blani 112 Miles long and 70 broad It contains 11 Counties viz. 1. Longford divided into Six Baronies chief Town Longford 2. VVest Meath divided into Eleven Baronies chief Town Molingar 3. East Meath divided into Eleven Baronies chief Towns Trim and Athboy these three made the Province of Meath 4. Dublin divided into Six Baronies chief City Dublin the Metropolis of all Ireland Seated on the Liffie Built by Harfager the first King of Norway and after the English Conquest was Peopled by a Colony of Men from Bristol 5. VVicklow divided into Six Baronies the chief Town VVicklow and Arcklow 6. Kildare divided into Eight Baronies chief Town Kildare 7. Kings County divided into Eleven Baronies chief Town Phillips Town 8. Queens County divided into Seven Baronies chief Town Martborow or Queens Town 9. Kilkenney divided into Eleven Baronies chief Towns Kilkenny and Thomas Town 10. Catherlagh divided into 5 Baronies chief Town Catherlagh And 11. Wexford divided into Eight Baronies the chief Towns VVexford and Ross The chief Town of the whole is Dublin 4. Muuster or Mounster Incol Mown on the South of Leinster and Connaught The Seat of the old Ulterni Coriandi Luceni Velibori and Vodij 135 Miles long and 120 broad It contains Five Counties viz. 1. Tipperary divided into Fourteen Baronies the chief Towns Clonmel Cashel and Tipperary 2. VVaterford divided into Six Baronies chief Town VVaterford and Dungarvan 3. Limerick divided into Nine Baronies chief Towns Limerick and Kilmalock 4. Kerry divided into Eight Baronies chief Towns Dingle and Ardfeart And 5 Cork divided into Thirteen Baronies chief Towns Cork King-sale and Youghil In this lies the County of Desmond divided into Two Baronies chief Town Bantry chief Town of the whole is Limerick but many reckon Cork The Rivers 1. Shannon 2. Barro 3. Shure and Black-water The Soil is Fertile if improved by Industry Amongst other Prerogatives no Venemous Serpent breeds here according to the Verses Illa ego sum c. The chief Loughs are 1. Lough-Earne 2. Lough-Neagh and Lough Corrib the last 26 Miles long and in breadth 4 Miles hath 20. Ilets abounding in Pine Trees The Mountains 1. Knock Patrick 2. Sliew-Bloemy 3. Curlew Hills The Archbishops here are 4. Bishops 19. Universities The Arms Azure an Irish Harp Or Stringed Argent King James the first First Marshalling them with the Arms of England as the first Absolute King thereof altho' Henry the eighth was declared King in Dublin by an Irish Parliament In each of the Counties is a Sheriff and Justices of the Peace and they are Governed by the Laws of England and Statutes Enacted at our English Parliaments But the Deputy hath now Power to Asemble the States here and make what Laws the necessity of the time requireth King John in the 12th year of his Reign went into Ireland and there by advice of Grave and Learned Men whom he carried with him by Parliament de comuni omnium de Hibernia consensu Ordained that Ireland should be Governed by the Laws of England which of many of the Irishmen according to their own Desire was joyfully accepted and obeyed and by many the same was soon after absolutely refused preferring their Brehon Law before the Just and Honourable Laws of England Co. 1 Inst. 14.1 By Poyning's Law made by Authority of Parliament in Ireland Anno 10 H. 7. all the Laws and Statutes of this Realm of England before that time made do extend to Ireland so as now Magna Charta doth extend to Ireland Co. 2. Inst 2. Resolved by all the Judges in England That for a Treason done in Ireland the Offender may be Tryed by the Statute of 35 Hen. 8. in England because the Words of the Statute be All Treasons committed out of the Realm of England and Ireland is out of the Realm of England Coke's 3 Inst 11. Albeit Ireland be a distinct Kingdom and out of the Realm of England to some purposes as Protections and Fines levied c. yet to other intents is as a Member of or belonging to the Crown of England And therefore a Writ of Error is maintainable here in the King's Bench of a Judgment given in the King's Bench in Ireland so as the Judges did construe that part of the Statute of 25 Ed. 3. Making it High Treason to bring in false Money into this Realm Counterfeit to the Money of England not to extend to Money brought out of Ireland Coke's 3 Instit 18. The Irish being Descended from the Ancient Britains now have the same Laws with us in England therefore I shall not write of the Jurisdiction or particular Courts of Justice there they being the same in England But take Notice That King John and also Henry the Second the Father of King John did Command at the Request of the Irish That such Laws as he had in England should be of Force in Ireland and hereby Ireland being a distinct Kingdom was to have Parliaments holden there as in England And thereupon in the Reign of King John a Parliament was holden there as by Record appeareth Co. 4 Inst. 349. King Henry the Second when he had Conquered Ireland sent thither that Treatise fairly Written in Parchment Intituled Modus tenendi Parliamentum for better holding of Parliaments there Coke's 4 Inst 349.
Prayers The Parliament when required confirms the Consults of the Clergy that the People may be thereby induced to obey the Ordinances of their Spiritual Governours The Archbishop of York at the same time holds a Convocation for his Province at York in like manner and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury Inter Leges Inae Anno Domini 727 A Convocation of the Clergy is called Magna Servorum Dei frequentia All the Members of both Houses have the like Priviledges for themselves and Menial Servants as the Members of Parliament and this by Statute Now they are required to subscribe Three of the XXXIX Articles Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James 1 Jac. 1. And for The Executive Power in Causes Ecclesiastical THere are provided divers Excellent Courts the chief whereof for Criminal Causes was The High Commission Court THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty Her Heirs and Successors should have power by Letters Patents under the Great Seal to Nominate and Authorize such person or persons being Natural born Subjects to Her Highness as Her Highness her Heirs or Successors should think fit to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other Her Highness Dominions to Visit and Reform all Errours Heresies or Schisms Abuses Offences and Contempts c. which by any manner of Spiritual and Ecclesiastical Power can or may be lawfully Reformed c. And that such person or persons should have full Power by Virtue of the said Act and Her Majesties Letters Patents to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent And upon Declaration of this Act the Lord Coke raises two Questions First What Causes should belong to this Court Secondly In what cases they may Fine and Imprison As to the first it is certain That by the principal Clause of Restitution in that Act all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used or which might have been lawfully exercised or used were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm For whatever Power or Jurisdiction did belong to or was exercised by the Pope De facto doth now De jure belong to the King But by reason the Ecclesiastical Judges before the making of that Act ought to have proceeded according to the Ecclesiastical Censures of the Church and could not Fine and Imprison unless they had Authority by Act of Parliament Therefore the Lord Coke by reason of the Clause iâ— this Act That the Commissioners shall Execute the Premisses according to the Tenoâ—â— of the Letters Patent which Clauâ—â— refeâ—s â—o the former parts of this Act viz The Ancient Jurisdiction restoreâ— by this Act â—aâ—th the Commissioneâ— had not power to Fine and Imprison This Commission was usually granteâ— to persons of the Highest Quality iâ— Church and State so often and for 〈◊〉 long time as the King did thinâ— fit In Queen Elizabeths Time saith thâ— Lord Coke it was Resolved the Higâ— Commission should be limitted to certiaâ— Enormities and Exorbitant Causes And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison both out of thâ— Kings-Bench and Common-Pleas Bâ—â— this Court being now Abrogated by thâ— Statute of 16 17 Car. 2. cap. 11. The Courts of the Archbishop 〈◊〉 Canterbury come next in course thâ— Highest of which is The Court of Arches SO called from the Arched Church of St. Mary in Cheapside where this Court hath been usually kept as appears by Record in Edward the First 's time The Judge hereof is the Dean of the Arches who under the Archbishop of Canterbury hath Jurisdiction over a Deanery consisting of Thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical Matters within the Province of Canterbury And to this Court belong divers Advocates all Doctors of the Civil Law Two Registers and Ten Proctors The next Court of the Archbishop is The Court of Audience KEpt within the Archbishop's Palace and medleth not with any manner of Contentious Jurisdiction but only with Matters pro forma as Confirmation of Bishops Elections Consecrations and Matters of Voluntary Jurisdiction as granting the Guardianship of the Spiritualties Sede vacante of Bishops Admission and Institution to Benefices Dispensing with Banns of Matrimony and such like The Court of the Faculties THis is also a Court although it holdeth no Plea of Controversie 〈◊〉 belongeth to the Archbishop and his Officer is called Magister ad Facultates And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations Faculties c. by himself or his sufficient Commissary or Deputy for any such matter heretofore had at the See of Rome or by the Authority thereof The Prerogative Court of Canterbury THis is the Court where Testaments are proved and Administrations granted where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth which regularly is to be to the value of Five pounds but in the Diocess of London it is Ten pounds composition By 16 Rich. 2. Rot. Par. not in Print It is assented in full Parliament that the King may make his Testament which before that was doubtful and Hen. 4th made his Testament and his Executors refusing Administration was granted by the Archbishop of Canterbury with the Testament annexed to the same When the King is made Executor he Deputes certain Persons to take the Execution upon them and appoints others to take the Accompt The Probate of every Bishop's Testament or Granting Administration of his Goods althô he hath not Goods but within his own Jurisdiction doth belong to the Archbishop From this Court the Appeal is to the King in Chancery The Archbishop of York hath the like Courts and also the Court of Audience The Court of Peculiars THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. and there are Fifty seven such Peculiars within the Province of Canterbury It is an Ancient Priviledge of the See of Canterbury that wheresoever any Manors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of thâ— Diocess of Canterbury And there are certain peculiar Juriâ—dictions belonging to some certain Parâ—shes the Inhabitants whereof are exemâ—â— from the Archdeacon's Jurisdiction anâ— sometimes from the Bishops Jurisdictioâ— And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anothâ—â— Bishop's Diocess hath often a Court 〈◊〉 Peculiars held for him in that particâ—lar Parish Note That there are some Deans 〈◊〉 England without any Jurisdiction onâ— for Honour so Stiled as
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
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
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
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
prius were first Instituted by Stat. W. 2. cap. 30. Of Issues joyned in the Kings-Bench and their Authority is annexed to the Justices of Assize and is by force of a Judicial Writ and therefore we have joyned them under one Title And this appeareth by the Writ REx Vicecomiti Salutem Praecipimus tibi quod Venire fac ' coram Justiciarus nostris apud Westm ' in Octab ' Sancti Michaelis vel coram Justiciariis nostris ad Assisas in Com' tuo per formam Statuti nostri inde provis Capiend ' Assignatis si prius die Lunae prox ' ante Festum c. apud c. vene rint 12 tam Milites quam alios c. By the Statute of 7 R. 2. Nisi prius shall be granted in the Exchequer as well as elsewhere Of Issues joyned in the Chancery Kings-Bench Common-Bench and Exchequer the Chief Justices or Chief Baron or in their absence two other Justices or Barons of the said several Courts as Justices of Nisi prius for the County of Middlesex within the Term or four days after each Term shall severally Try c. And for their several other Powers and Authorities vide le Stat. and Coke's 4 Inst. cap. 27. And this Writ of Nisi prius is so called because the word Prius is before Venerint in the Distring as c. which was not so in the Venire facias upon The Statute of Westm 2. cap. 30. although the words of the Writ are Si prius c. And albeit Justices of Assize have their Dignity and Authority much increased yet they retain their Original Name although Assizes are now rarely taken before them For that the Common Action of Ejectment hath Ejected most Real Actions and so the Assize is almost out of use Justices of Nisi prius have power to give Judgment in Assize of Darrein Presentment and Quare Impedit And that Commissions and Writs of Nisi prius shall be awarded c. It is to be observed That there is but a Transcript of the Record sent to the Justices of Nisi prius By the Statute of 27 E. 1. de Finibus cap. 4. it is provided Quod Inquisitiones Recognitiones capiantur tempore Vacationis coram aliquo Justiciario de utroque Banco coram quibus placitum deductum fuerit See the Statutes of York 2. E. 3. cap. 16. 4. E. 3. cap. 2. and the Statute of 14. Ed. 3 cap. 16. which Statute doth provide That Nisi prius may be taken in every Plea Real or Personal before Two so that one be Justice of one of the Benches or the Chief Baron or Serjeant sworn without any regard where the Plea depended and this standeth yet at this day Concordatum fuit per totum Cocilium Regis quod nullus Vicecomes aut Coranat ' fiat Justiciarius ad Assisas capiend ' Gaolas Deliberand ' Transgress ' audiend ' terminand ' seu ad aliquod aliud officium Justic ' faciend ' eo quod debent esse intendentes aliis Justiciariis Which Statute is Declaratory of the Common Law 14 H. 6. cap. 1. Justices of Nisi prius have power in all cases of Felony and Treason to give Judgment as well where the Prisoner is acquitted as where he is Attainted and to award Execution Where the King is a Party a Nisi prius may be granted if the King's Attorney assent unto it In Appeal of Murder Robbery Rape brought in the King's Bench if the parties be at Issue a Nisi prius may be granted before Justices of Assize And if Appeal be brought before Justices of Assize they have also power to enquire and judge These Justices of Nisi prius were Instituted for two causes viz. 1. Propter intolerabilem jacturam Juratorum in exonerationem Juratorum 2. Ad celerem Justiciam in ea parte exhibendam A Prohibition is grantable to Justices of Assize Quod non caperent in patria inquisitiones quae magna indigent examinatione By the Original Institution of Justices of Assize and Nisi prius the Tryal should be before Two at the least for plus vident oculi quam oculus especially in Pleas of the Crown concerning the Life of Man The Justices of Nisi prius may grant a Tales de Circumstantibus either when but one or more appear of the principal Pannel or where Eleven do appear and all the Jury may be of the Tales de Circumstantibus as it was upon a Tales at the Common Law A Nisi prius may be granted in an Attaint In Trespas between the Duke of Exeter and the Lord Cromwell The Counsel of the Duke moved for a Nisi prius and for the Duke was a Praepotent Prince in that Country and the Venire facias being Return'd there was a great Rout in the Hall so as if a Nisi prius should be granted great Mischief might ensue therefore no Nisi prius was granted 32 H. 6.9 Coke's 4. Inst cap. 27. The Court of the Justices of Oyer and Terminer THe Authority of these Justices is by Commission and of these are two sorts The General Commission which is so called because it is General in respect of the Persons the Offences and Places where the Offences are committed the substance of which Commission is thus REx c. Fidelibus suis R.M. aliis Salutem Sciatis quod Assignavimus vos Tres vestrum quorum aliquem vestrum vos praefat ' R.M. L.G. unum esse volumus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Com' nostris South ' Wiltes ' Dorset ' Somerset ' Devon ' Cornub ' eorum quobilet ac aliis viis Modis Mediis quibus melius sciveritis aut poteritis tam infra Libertates quam extra per quos rei veritas melius scire poterit de quibuscunque Proditionibus Misprisionibus Proditionum Insurrectionibus Rebellionibus Murdris Feloniis Homicidâ—is Interfectionibus Burglartis Ropâ—â—bus Mulierum Congregationibus Conventiculis illicitis Verborum prolationibus Coadijuâ— ationibus Misprisionibus Confederationibus Falsis allegantiis Transgressionibus Riotis Routis Retentionibus Escapiis Contemptibus Falsitatibus Negligentiis Concelamentis Manutenentiis Cambipartiis Deceptionibus aliis Malefactis Offensis Injuriis quibuscunque Necnon accessar ' eorundem infra Com' praed ' eorum quemlibet c. Et easdem proditiones alia praemissa hac Vice audiend ' terminand ' secundum Legem Consuetudinem regni nostri Angliae c. As you may read at large in Coke's 4th Inst cap. 28. The particular Commissions of Oyer and Terminer are so called in respect of particular Persons Offences or Places for which they are granted whereof you may see Fresh Presidents in the Register 1. Against the Bishop of Winchester and his Ministers 2. De Nave fracta if the Goods ought to be taken for Wreck 3. Of divers Oppressions Extortions c. 4. For the Prior of Daventry 5. For the King in time
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
into the Counties where such Felonies were committed and also to command the Justices of Gaol-delivery of Peace and all other Justices and Commissioners there to proceed and determine such Felonies in like manner as if their Bodies and Indictments had not been removed Justices of Gaol-delivery may take a Pannel of a Jury Returned by the Sheriff without making any Precept to him as Justices of Oyer and Terminer ought to make because a General Commandment is made to the Sheriff by the Justices of Gaol-delivery to Return Juries against their coming They may deliver Suspects for Felony c. by Proclamation against whom there is no sufficient Evidence produced to the Great Inquest to Indict them c. which Justices of Oyer and Terminer or Justices of Peace cannot do If a Man be Indicted before Justices of the Peace and thereupon Outlawed and is taken and committed to Prison the Justices of Gaol-delivery may award Execution of this Prisoner They may assign a Coroner to an Approver and make Process against the Appellee in a Foreign County They may punish those that let Men to Bail or Mainprize which are not Bailable by Law or suffer them to Escape By the Statute of 1 E. 6. In all Cases where any Person or Persons heretofore have been or hereafter shall be found guilty of any manner of Treason Murder Manslaughter Rape or other Felony whatsoever for the which Judgment of Death should or may ensue and shall be Repried to Prison without Judgment at that time given against him her or them found so Guilty that those Persons that at any time hereafter shall by the King's Letters Patents be assigned Justices to deliver the Gaol where any such Person or Persons found Guilty shall remain shall have full Power and Authority to give Judgment of Death against such person so found Guilty and Repried as the same Justices before whom such Person or Persons was or were found Guilty might have done if their Commission of Gaol-Delivery had remained in force Justices of Gaol-Delivery shall send their Records and Process determined and put in Execution to the Exchequer at Michaelmas every year to be delivered there to the Treasurer and Chamberlains c. to keep them in the Treasury Justices of Gaol-delivery may receive Appeals of Robbery and Murder by Bill but the Appellees must be in Prison before them Co. 4 Inst c. 30. And more of their Jurisdiction and Authority you may read in the Statutes at large The Court of Justices of the Forests THe word Forest is made by changing E. into O. from Feresta hoc est Ferarum statio it being a Mansion or safe dwelling of all Beasts of the Wood and this Forest doth consist of Eight things viz. Soil Covert Laws Courts Judges Officers Game and certain Bounds of all which we shall speak somewhat in order as they lie And First of The Soil of the Forest which is Woody ground where there is good Covert and Fruitful Pastures and it is not material that the Wood belong to the King or another And when the King will make a Forest a Writ shall be Issued to the Sheriff of the County where the Forest shall be to Enquire what place shall be fit to make a Forest who thereupon shall take an Inquest and Inquire of the content of the Place and the Bounds and shall put the same Bounds in certainty and all he doth he ought to return into the Chancery and when the King is thereof ascertained by such matter of Record the King shall by Letters Patents command the Sheriff to make Proclamation That the place which he hath returned shall be afterwards a Forest and that none shall Hunt within those Woods they being for his Pleasure to reserve the Wild Beasts and Game to himself And this Forest is not necessarily to be made in every County But in The Grand Covert and Woody Ground where the Beasts may have place of Defence and Food which are called Vert and are to be preserved to the end that the Game may have both Shelter and Browze And yet altho' such Commandment be made by the King as aforesaid it is no Forest until Wild Beasts are put there which sort of Wild Beasts are those which are herein after mentioned And are called The Game of the Forest consisting of Seven kinds which by the Laws of England are Beasts of the Forest viz. The Hart in Summer The Hind in Winter with their proceed which are thus Termed The Male The first year A. Calf The second A Brooket The third A Spayad The fourth A Staggard The fifth A Stagg The sixth A Hart. And so afterward the Female The first year A Calf The second A Brocketts Sister The Third A Hinde The Buck in Summer The Doe in Winter with their proceed thus Termed The first year A Fawn The second A Pricket The third A Sorel The fourth A Sore The fifth A Buck of the First Head The sixth A Great Buck. The Hare Male and Female with their proceed which are called The first year A Leveret The second A Hare The third A Great Hare The Wild Boar whose proceed is Termed The first year A Pig The second A Hogg The third A Hogg-stear The fourth A Boar and after A Sanglier And these four kinds being wholesome Food for Man are called Beasts of Venery and Venison But the other Three kinds as The Wolf The Marton The Fox being Solivaga and Nociva are not called Venison although they are accompted Beasts of the Forest And befor it be a perfect Forest the King must appoint certain Officers Foresters or Keepers in Fee or for Life who by Charta de Foresta are to be as many as shall seem sufficient Four Verderors Twelve Regarders Agistators Four Under Foresters Eight The Wood-ward and the Game-keeper or Master of the Game of the Forest The Forestor is made by Letters Patents The Verderors by Writ How the Rest are made and for their Authority See the Books at large And next we shall briefly describe The Courts of the Forests which are Four To be held within the Forests at such places times and in manner herein after expressed viz. The Court of Attachments or the Woodmote Court This is to be kept before the Verderors every Forty days throughout the year and thereupon it is called the Forty-day Court At this Court the Foresters bring in the Attachments de Viridi Venatione and the Presentments thereof and the Verderors do Receive the same and Inrol them But this Court can only Inquire and not Convict But it is observed That no Man is to be Attached by his Body for Vert or Venison unless he be taken with the mayneer within the Forest or otherwise the Attachment must be by his Goods The Court of Regard or Survey of Dogs is holden every third year for Expeditation or Lawing of Dogs The Court of Swanimote is to be holden before the Verderors as Judges by the Steward of the Swanimote thrice in
County of Cambridge which was before within the Diocess of Lincoln And this King Henry the first granted to this new Bishop and his Successors Jura Regalia within the Isle of Ely But the Priory and Convent were by Henry the eighth suppressed and instead thereof a Dean and Prebendaries raised to be the Chapter of the Bishop and a Grammar School for a Master and 24 Scholars This Royal Jurisdiction the Bishop hath by Prescription granted upon the said Grant as well in Pleas of the Crown as in Common Pleas before his Justices of his Liberties and other Matters Vide Coke's 4 Instituets cap. 39. The County Palatine of Pembroke THis was an ancient County Palatine within Wales and the Earl was Comes Palatinus and had Jura Regalia and all things belonging to a County Palatine but the Jurisdiction thereof was taken away by the Statute of 27 Hen. 8. cap. 26. It being then in the King's hands The Franchise of Hexam and Hexamshire THis was sometime parcel of the Possessions of the Archbishop of York and claimed by him to be a County Palatine And at the Parliment 2 Hen. 5. resolved that Hexamshire was a Franchise where the Kings b Writ went not And in the Statute of 33 Hen. 8. It is named a County Palatine but by the Statute of 14 Elizab. cap. 13. It is declared no County Palatine or Franchise Royal The Courts of the Cinque-Ports BY Doomesday-Book it appears that the priviledged Ports were but Three at first viz. Dover Sandwich and Rumney afterward Two more Hastings and Hythe were added to them by the Conqueror And these have several Priviledges as to be free from Burthens and Charges and many others and every of these send Two Burgesses to Parliament by Name of Barons of the Cinque-Ports and although Two more viz. Winchelsey and Rye be added yet they hold their former Names of Cinque-Ports These lying towards France Antiquity provided they might be securely kept for performance whereof they have a Governour by his Office called Lord Wardon of the Cinque-Ports who is Admiral also and hath the Jurisdiction of the Admiralty amongst them He is also Constable of Dover Castel of whose Jurisdiction as Constable vide Stat ' Artic ' super Chartas and Coke's 2 Inst. 556. There is a Diversity between the Principality of Wales the Counties Palatine and the Cinque-Ports For Wales was no part of England but Counties Palatine are parcel of the Realm of England but divided in Jurisdiction and the Cinque-Ports are parcel of the County of Kent and yet Ubi Breve Domini Regis non currit but have not Jura Regalia And therefore regularly no Writ of Error did lye of a Judgment in Wales otherwise it is in the Counties Palatine A. Judgment here of Lands in Wales or in the County Palatine is void but a Judgment given here of Lands in the Cinque-Ports is good if the Priviledge be not pleaded for they are part of the County And in the Cinque-Ports are Divers Courts as first The Court before the Constable of the Castle of Dover And there be other Courts before the Majors and Jurators within the Ports themselves and another called Curia Quinque Portuum apud Shepway If any of the King's Courts write to have a Record in the Cinque-Ports or for doing any thing within the same the Writ is directed Constabulario Castri de Dover Guardiano Quinque Portuum And all Plaints against the Barons of the Cinque-Ports ought to be determined at Shepway before the Warden of the Cinque-Ports And if an Erroneous Judgment be given in the Cinque-Ports before any of the Mayors and Jurats it is to be Redressed before the Constable of Dover at the Court at Shepway which Court was raised by Letters Patents of Edward the First Vide more in Coke's 4 Inst cap. 42. and Records there cited The President and Counsel in the North. THis Counsel was raised by H. 8. by his Commission giving them two Authorities under one Great Seal For the King having suppressed Monasteries of 200 l. per Annum by Act of Parliament 27 H. 8. Insurrection was raised by Lord Hussey and 20800 Men in Lincolnshire whom Charles Brandon Duke of Suffolk appeased and afterwards of 40000 Men more commanded by Sir Robert Aske whom the Duke of Norfolk dispersed and afterwards a Great Commotion was raised in Lancashire Westmorland Cumberland and Northumberland whom the Earl of Derby quieted and divers other Rebellions being raised and overcome and appeased the King intending to suppress the Great Monasteries which he brought to pass in 31 H. 8. for preventing future Dangers By Commission 31 H. 8. gave power of Oyer and Terminer De quibuscunque Congregationibus Transgressionibus Riotis Routis c. per quae Pax c. in Com' Ebor ' Northumberland Westmorland Durham Com' Civitatis Ebor ' Kingston super Hull Newcastle super Tinam gravetur c. secundum Legem c. vel aliter secundum Sanas Discretiones vestras c. Necnon quascunque Actiones Reales seu de Libero Tenemento Personales c. audiend terminand ' But afterwards the said Commission being adjudg'd to be against Law First For that the Clause Secundum Sanas Discretiones vestras being Resolved by the Judges 6 Jacobi primi to be against Law and Secondly the latter Clause was then also so Resolved For that Actions Real and Personal were not to be heard and determined by Commission but Secundum Legem c. to the end their Authority should not be known they procured their Commission should not give them any Authority but wholly to refer to Private Instructions given them not to be Inrolled in any Court whereof King James being informed did give Order their Instruictions should be Inrolled for the Advantage of the Subjects This Commission hath had continuance therefore the Lord Coke thinks it worthy of some Establishment by Parliament Henry the Eighth likewise raised a President and Council for the Western parts but they of Devon and Cornwal opposed it Et sic Commissio illa cito evanuit Likewise no doubt is that there hath been a President and Councl of York De facto but what Jurisdiction they had is the Question But now the Courts are Dissolved the Jurisdiction being taken away by the Statute of 17 Car. 1. cap. 10. The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland THey proceed according to Marsh Law or Borders Law but their Jurisdiction was increased by Statutes and confin'd to Northumberland Cumberland Westmorland and Newcastle upon Tine But since King James was Monarch of both Kingdoms the said Courts are vanished and Hostile Laws on both Sides by Authority of Parliament in either of the Kingdoms are Repealed The Court of Stannaries in the Counties of Devon and Cornwal Is so called à Stanno and the Style of this Court is Magna Curia Domini Regis Ducatus sui Cornubiae apud Crokerenton in Com' Devon ' coram A. B. Custode Stannariae
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
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
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
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
Ratification or to the end of the next Session of Parliament By the Statute of 22 Car. 2. cap. 9. Persons to be nominated by the King under the Great Seal or so many of them as shall be appointed to be of the Quorum shall have power to Treat with Commissioners to be Authorised by the Parliament of Scotland concerning an Union of the Realms and such other Matters as they shall think fit for the Kings Honour and Good of both Kingdoms Their Proceedings to be reduced into Writings or Instruments Tripartite one part whereof to be presented to the King another to the Parliament of England and a third to that of Scotland Provided that nothing to be agreed on by them shall be of force till confirmed by Act of the Parliament of England By the Statute of 4 Jac. 1.1 He that is once Tried in Scotland shall not be called in Question again for the same Offence By the Statute of 2 Ed. 4.8 Merchandize carried into or brought out of Scotland or the Isles thereof shall be first brought to Berwick in pain to forfeit the same As the Law hath wrought four Unions 1st The Union of both Kingdoms under one Natural Liege Sovereign King being so acknowledged by the Act of Recognition 2ly The Union of Liegeance and Obedience of the Subject of both Kingdoms due by the Law of Nature to their Sovereign 3ly The Union of Protection of both Kingdoms equally belonging to the Subjects of either of them 4ly The Union of the three Lyons of England with that one of Scotland United and Quartered in one Escutcheon So the Law doth make four Seperations 1st England and Scotland remain several and distinct Kingdoms 2ly They are Governed by several Judicial or Municipal Laws 3ly They have several distinct and seperate Parliaments 4ly Each Kingdom hath several Nobilities For albeit a Postnatus in Scotland or any of his Posterity be the Heir of a Nobleman of Scotland and by his Birth Legitimated in England yet he is none of the Peers or Nobility of England for his Natural Ligeance and Obedience due by the Law of Nature maketh him a Subject and no Alien within England But that Subjection maketh him not Noble within England for that Nobility had its Original by the Kings Creation and not of Nature More of which matter you may Read at large hereafter in Ireland And that the highest and lowest Dignities as a King and that of a Knight are nevertheless universal Coke's 7 Rep. 15. Calvin's Case In ancient time part of Scotland besides Berwick was within the Power and Ligeance of the King of England yet was Governed by the Laws of Scotland The Case in 42 Ed. 3.2 Ruleth it That so many as were Born in that part of Scotland that was under the Ligeance of the King were no Aliens but inheritable to Lands in England yet was that part of Scotland in another Kingdom governed by several Laws And certainly if they were Natural Subjects in that Case when the King had but part of Scotland when the King hath all Scotland they shall be Natural Subjects and no Aliens Barwick is no part of England nor Governed by the Laws of England yet they that have been Born there under the Obedience of one King are Natural Born Subjects and no Aliens There were sometimes in England whiles the Heptarchy lasted seven several Crowned Kings of several and distinct Kingdoms but in the end the West Saxons got the Monarchy and all the other Kings melted as it were their Crowns to make one Imperial Diadem for the King of the West Saxons over all Now when the whole was made the actual and real Ligeance and Obedience of one King they were all Natural born Subjects and capable of and Inheritable unto any Lands in any of the said Kingdoms Of all which matters and things last above mentioned you may read at large in Coke's 7 Report Calvin's Case By the Statute of 4 Jac. 1. For Repeal of Hostile Laws It is Enacted That no Englishman shall be sent out of England into Scotland for any Offence done in Scotland until the Realms be made one in Laws and Government There was a Proclamation the 20 of Octob. 20 Jac. 1. concerning the Kings Stile of Great Britain wherein all Judicial and Legal Proceedings are excepted Cokes 4 Inst 345. The Lesser Islands near Scotland ARE the Orcades or Isles of Orkeny in number 32 Situate against the North Cape of Scotland The chief being Pomonia whose prime Town is Kirkwal honoured with a Bishops See and strengthened with two Castles It is stored with Tinn and Lead and called by the Inhabitants Mainland The 2d Hotlands or Oceti the Inhabitants Bibacissimi sunt tamen non inebriantur These Isles in Solinus time were not Inhabited being over-grown with Rushes Now are they Populous and Fertile were first discovered by Julius Agricola and first possessed by Normans or Norwegians who surrendred them to Alexander King of Scotland 1266. They speak the Gothish Language Schetland lies two days Sailing North of Orcades and is supposed to be the Thule of the Ancients The Hebrides because Scituate West of Scotland in number 44. The chief Ila 24 Miles long and 16 broad Plentiful in Wheat Cattle and Herds of Red Deer The Isle of Sky 40 Miles long Iona famous for Sepulture of the Kings of Scotland Mula 25 Miles bigger than the other The People both in Language and Behaviour resemble the Wild Irish and are called Redshanks A COMPENDIUM OF THE Laws and Government OF IRELAND WITH THE ISLANDS Thereunto belonging Anno Domini 1699 IRELAND FROM Erinland signifying in their Language a Western Land lies on the West of England and Wales in length from the North parts of Antrim to the South parts of Cork 285 in breadth from the East parts of Down to the West parts of Mayo 160 Miles long Anciently called Juverna Hibernia Overnia Jernia Scotia minor Bernia and Vernia now by the Natives Eryn by the Welsh Yverden by the Germans Irlandt by the Italians Irlanda and by the French Irlande The first Inhabitants came out of Britain were anciently Rude and Barbarous having little Law or Government First partly Conquered by the Saxon Monarchs of England Then by the Norwegians not long after by Henry the Second of England till by little and little it was wholly Reduced to England and still remaineth so Governed by a Vice-Roy call the Lord Lieutenant or Deputy of Ireland whose Seat is at Dublin They received the Christian Faith by St. Patrick Anno 335 and are both Protestants and Papists Their Language is a Dialect of the Old British intermixed with Norwegian Danish and English The English is also frequently used among them and in some places a Mongrel Speech between both Their chief Commodities are Cattle Hides Tallow Butter Cheese Honey Wax Furs Salt Hemp Linnen Cloath Pipe-Staves Wool Frizes c. This Country is divided into Four Great Provinces Anciently Kingdoms viz. 1. Ulster Ineol Cui-Guilly on the North
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
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.
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
or Indicted of Treason or Felony fly into Herefordshire they shall be apprehended c. or else pursued by Hue and Cry and Forfeiture upon those that do not pursue 4. Hue and Cry shall be levied upon takers of Carriage within the Verge of the Staple of that which pertaineth to the Staple 5. Where a Man is Robbed Upon Hue and Cry c. What remedy he shall have against the Hundred c. And how and in what manner the Hue and Cry shall be made in that Case See the Statutes and Coke's 7 Rep. fol. 6 7. And this Robbery must be done in the Day time and not in the Night otherwise the Party grieved shall not have his Action So note a diversity between a Hue and Cry at Common Law or for the King And a Hue and Cry by Statute where the Party grieved is to have his remedy by private Action Note Also a Diversity in the Prosecution at the Common Law or for the King and by the Statutes which give the Party remedy for a Prosecution to the next Constable is good by the Common Law but so it is not by the said Statutes which give the Party grieved his Action Coke's 7 Report fo 7 8. Milbourn's Case So the Prosecution at the Common Law is a good excuse upon an Indictment at the King's Suit But note That it is no Bar to the Parties Action Where Hue and Cry either by the Common Law or by force of any Statute is Levied upon any Person the Arrest of such Person is lawful altho' the Cause of the Hue and Cry be feign'd and if the Cause be feign'd he that Levied the same shall also be Arrested and shall be Fined and Imprisoned But common Fame and Voice is not sufficient to Arrest a Man in Case of Felony unless a Felony be done indeed Mandatum est Gulielmo de Haverbul Thesaurario Regis quod Civitatem Lond ' capiat in manum Regis eo quod Cives ejusdem Civitatis non levaverunt Hutesium Clamorem pro morte Magistri Guidonis de Arterio aliorum inter fectorum secundum legem consuetudinem Regni Teste Rege apud Woodstock 22 die Augusti 30 Hen. 3. Coke's 3 Inst cap. 52 Hue and Cry hath been used in some Cases by the Ancient Laws of this Realm For the Author of the Mirror Writing of the Ancient Laws before the Conquest under the Title Des Articles des viels Roys ordeins saith Ordeine fuit que chescun del Age de xiv ans oustre de mortels pecheors ensuivre de Ville Ville a Hue Cry Et inter Leges Regis Canuti Si quit Latroni obviam dederit eumque nullo edito clamore abire permiserit quanticùnque fuerit Latronis vita aestimata extremum solvat denariolum aut pleno perfecto jurejurando de facinore nihil habuisse cogniti confirmato Sin quis proclamantem audierit neque vero fuerit insecutus suae in Regem contumaciae ni omnem criminis suspicionem diluerit poenas dato Bracton of Hue and Cry saith Statim recenter investiganda sunt vestigia Malefactorum sequenda per ductum carectae passus equorum vestigia hominum alio modo secundum quod consultius melius fieri possit And in legal understanding Hue and Cry is all one In Ancient Records they are called Hutesium Clamor and may be by Horn and by Voice Avec Hue Cry de Corne de Bouche And by Stat. Westm. 1. Cap. 9. it is called Crie de pais or Cry of the Countrey And he that goeth not at the Commandment of the Sheriff or Constable at the Cry of the Countrey shall be grievously fined and imprisoned And divers Acts of Parliament have been since made concerning Hue and Cry as the Stat. De Officio Coronatoris where it is said Et omnes sequantur Hutesium vestigium si fieri potest qui non fecerit super hoc convictus fuerit attachietur quod sit coram Justiciariis de Gaola c. 28 Ed. 3. 27 Eliz. Coke's 2 Inst fol. 172 173. By Stat. Westm 2. Cap. 13. Indictments in Tourns ought to be found by Twelve at the least and the Jurors to put their Seals to the Inquisitions or Indictments And by Stat. 1 Ed. 3. these Indictments are to be by a Roll indented whereof one part is to remain with the Indictors and the other part with him that takes the Inquest And this Act doth extend to Presentments of Indictments not only in Tourns but in Leets also and the like of what Quality Ability and Livelihood Indictors in Tourns and Leets ought to be See the Statute of 1 R. 3. Cap. 4. But now by Stat. 1 E. 4. the Power of Sheriffs is taken away save only to take Presentments and Indictments and deliver the same to the Justices of the Peace at the next Sessions as before is mentioned Coke's 2 Inst 387 388. In ancient time the King's Courts and especially the Leets had power to inquire of and punish Fornication and Adultery by the Name of Letherwite and it appeareth often in the Book of Doomsday That the King had the Fines assessed for those Offences which were assessed in the King's Courts and could not be inflicted in Curia Christianitatis Concerning Letters Patent granted for Searching or Surveying of Wine Ale Beer or other Victual and concerning the well making of Malt packing of Hops garbling of Spices Drugs c. you may read more at large in Coke's 4th Inst Cap. 54. and Statutes there mentioned The Constables or Petti constables are chosen by the Common Law at the Leet or Tourn and are by the Common Law Conservators of the Peace and may take Surety of the Peace by Obligation and are as ancient as Tourns or Leets be Coke's 4 Inst Cap. 54. It appeareth by Stat. 18 Ed. 2. before mentioned That it ought to be enquired at the Leet if all the Chief Pledges with their Decenners that is the other Nine appear by which it appears That the tenth Principal Man was the Chief Pledge And the Word Decenners is the same with the Ancient Doziniers as you may see more fully in Coke's 6 Rep. 77 78. Bullen's Case See more in the Court of the Tourn and after in the County Court and Hundred Court See before in the Court Leet Page 224. To the County Court AMong the Laws of St. Edward the Confessor it is thus recorded Verum quod modo vocatur Comitatus olim apud Britones temporibus Romanorum in Regno isto Britanniae vocabatur Consulatus qui modo vocantur Vicecomites tunc temporis Vice-consules vocabantur ille vero dicebatur Vice-consul qui Consule absente ipsius vice supplebat in Jure in Foro. Wherein may be observed That the Romans called Consulatum which we now call Comitatum and Consul what the Saxons afterwards called Shireve a Word compounded of two Saxon Words viz. Shire and Reve Shire Satrapia or
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
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