that there need not be any Written Law had thereof And we find so many Secundary Reasons in the Laws of England that many are willing to affirms the whole Law of England to be proved by Reason which notwithstanding is by no means to be affirmed as by another Example By a certain Statute it is Ordained That he who hath abjur'd the Realm whilst he is in the publick High-way shall be in peace with our Lord the King and not in any sort molested and by the Custom of the Kingdom he is to be conducted from Town to Town by the Constables c. to the Sea-port c. Now if he Escape the Constable ought not to be charged to the King because by reason of the Statute he could not keep him in safe Custody or use any Force or Imprisonment whereby he might be kept in safe Custody and the Reason is grounded upon that Statute And some say Robbery is to be prohibited from Reason Primary even before the Law of Property for that it was not Lawful even when all things were in Common to take any thing from another by force or to throw him out of his Habitation but that such Robbery is to be punished with Death is from the Custom of the Law of England Also from the General Law of Property aforesaid by the Laws of England are excepted Birds Wild beasts and Beasts of Warren in which by the Laws of England is no Property to any One unless they be Tame yet nevertheless by the Laws of England in the Eggs of Herons and such like Building in the Woods of any is a Property And for that every Deduction of Reason in the Laws of England proceeds from the first Principles or from somewhat from those Principles derived no Man althô the most Wise can Judge justly or Argue rightly in the Laws of England if he know not these Principles The Second Fundamental of the Law of England is Lex Divina whereby to punish the Transgressors against the Divine Law The Law of England in many Courts of our Lord the King doth Inquire of Hereticks Also if any Statute be made or set forth against them as that none shall give Alms it ought to be of no force also Persons Excommunicated in the Laws of England may not Prosecute nor have Communication with others whilst the Excommunication is certified And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes and other things which do of right belong to the Ecclesiastical Jurisdiction and receives Canonical or Ecclesiastical Laws Quae non Excedunt potestatem ferentis so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church As if the Law of the Church be that the Sentence of Divorce is not in force till it is affirmed upon Appeal The Judges of our Lord the King shall form their Judgment according to the Laws of the Church And if A. B. and C. D. have Goods and Chattels joyntly and A. B. by his last Will give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void The Third Fundamental of the Law of England is the General Customs of the Kingdom which are divers General Customs used and approved of in Ancient time throughout the whole Kingdom of England and who attempts any thing against them Works against Law and Justice And these are properly called the Common Law and ought always to be determined by the Judges whether a General Custom or not and not by the Country and of these and other Principles or Maxims a great part of the Law of England depends and therefore the King by his Coronation Oath promiseth inter alia that he will faithfully observe all the Customs of the Kingdom and the Ancient Customs of the Kingdom is the Original and Foundation of divers Courts in the same Kingdom Whereof one is The Chancery of the Kingdom in which inter alia Writs original are obtained directed to other Courts of the King another The Kings-Bench in which are handled all Treasons Murders Homicides Felonies and other things done against the Kings Peace another Court is called The Common Bench in which Common Pleas are handled That is to say of Lands and Tenements Debts and Chattels and such like another Court is called The Kings Exchequer in which are handled divers matters touching the King alone as of Sheriffs Escheats or Receivers Bayliffs and other the Kings Officers and the like and these are called Courts of Record because those who preside as Judges ought to be assigned by the Kings Letters Patent and these Courts have many and divers other Authorities of which we shall speak more hereafter in their proper places and likewise of divers other Courts of inferiour Authority in the Kingdom of England And althô in divers Statutes and Books mention is made of the Authority of these Courts yet we have no written Law of their Institution for their Institution depends upon the Custom of the Kingdom which hath so great Authority that they may not be altered or their Names changed or altered but by Act of Parliament Also there is an Ancient Custom which is confirmed by the Statute of Marlebridge That all shall do and receive Justice in the Kings Court and another that none shall be put to Answer or be judged but according to the Law of the Land and this is confirmed by Magna Charta And there are other General Customs in the Kingdom of England which retain the force of Law as that the eldest Son shall succeed the Father in the Inheritance and many more not here to be recited From whence it appears that Customs in the Laws of England may not be proved by Reason alone for how can it be proved by Reason that the Husband shall have the Wife's Land for Term of his Life as Tenant by that Law and that the Wife shall have only the Third part scilicet that it shall be so done and not otherwise And it is certain that the Law of Property is not the Law of Reason but a Customary Law and ought to be accounted amongst the General Customs of the Kingdom and there is not any Statute or written Law of the Institutions of the Customs of the Law of England but according to the Skilful in the Law of England The Ancient Customs of the Law of England are of themselves of sufficient Authority and the Customary Law is the most firm Law provided such a Custom be not against the Law of God or the Law of Reason The Fourth Fundamental of the Law of England consists of Divers Principles which the Learned in the Law call Maxims always esteemed and held for Law of this Kingdom of England which none Learned in the Law may contradict because every one of them gives Faith or Credit to it self and whether a Maxim or not is to be tried by the Judges as before is said of General Customs of
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
Messina yet that Fragment of the Rhodian Law still extant holds the Preeminence in Maritime Affairs The Customs and former Decrees of the English Court of Admiralty are there of Force for deciding Controtroversies And under this Court there is also A Court of Equity for determining Differences between Merchant and Merchant In Criminal Affairs which is most commonly about Piracy The Proceeding in this Court was by Accusation and Information by a Man 's own Confession or by Eye witnesses he was found Guilty before he could be Condemned But that being found inconvenient there were two Statutes made by King Henry the Eighth that Criminal Affairs should be Tried by Witnesses and Jury and that by Special Commission from the King to the Lord High Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes as is herein after mentioned Between the Common Law of England and the Civil Law there seems to be Divisum Imperium For in the Sea so far as the Low Water mark is counted Infra Corpus Comitatus adjacentis and Causes there arising determinable by the Common Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea Flows over Matters done between the Low Water mark and the Land as appears in Hen. Constables Case Coke's 5 Rep. fol. 107. But for these Limitations and Jurisdictions of the Court of Admiralty see the Statutes above mentioned And the Statute of 13 R. 2. 15 R. 2. 27 Eliz. cap. 11. Coke's 4 Inst cap. 22. And for regulating his Majesties Navies Ships of War and Forces by Sea Vide le Statute of 13 Car. 2. cap. 9. And now as pertinent hereunto we shall say somewhat of The Navy Office THe Treasurer is to Receive out of the Exchequer by Warrant from the Lord High Treasurer of England and pay all charges of the Navy by Warrant from the principal Officers of the Navy his Salary is 220 l. 13 s. 4 d. besides 3 d. in the pound of all Moneys paid by him The Comptroller of the Navy who is to Attend and Comptrol all Payment of Wages To know the Market Rates of all Stores belonging to Shipping To Examine and Audit all Treasurers Victuallers and Store-keepers Accompts c. his Salary 500 l. per Annum The Surveyor of the Navy whose Office is generally to know the State of all Stores and see the wants supplied to find Hulls Masts and Yards and Estimate the value of Repairs by Indenture to charge all Boat-swains and Carpenters of his Majesties Navy with what Stores they receive and at the end of each Voyage to State and Audit their Accompts his Salary 490 l. The Clerk of the Acts is to Record all Orders Contracts Bills Warrants and other Transactions by the Principal Officers and Commissioners of the Navy The Commissioners of the Navy whose Office is as above specified and Salary to each is 500 l. yearly Two other Commissioners to be at Portsmouth and Chatham always in readiness to give Orders for better Management of his Majesties Affairs in his Yards and Store-houses Salary to each 350 l. Each of these Officers above-named have Two Clerks and some more all paid by the Treasurer of the Navy All hold their Places by Patent from the King and most of them during pleasure The King hath for his Navy Royal and Stores Four Great Yards or Store-Houses viz. at Chatham Deptford Woolwich and Portsmouth where his Ships are built Repaired and Laid up after their Voyage In which Yards are employed Divers Officers of which Six are principal The Clerk of the Check Salary about 180 l. per Annum Store-Keepers Salary 286 l. per Annum Master Attendants Two at Chatham 100 l. per Annum Master Shipwright Salary about 113 l. per Annum Clerk of the Comptooll 100 l. per Annum Clerk of the Survey 140 l. per Annum The Charges of their Clerks and Instruments are included in their Salaries His Majesty hath Divers Rope-Yards as at Chatham Deptford VVoolwich and Portsmouth where are made the Cable and Cordage for his Navy In time of War the King hath a Yard at Harwich where out of War is continued An Officer at 100 l. yearly This whole Navy Office is govern'd by The Lord Admiral whose Lieutenant Admiral hath Salary 20 s. per diem and 10 l. per Mensem for each Servant whereof he is allowed 16. The Lord Admiral 's Secretary hath a Salary from the King of 500 l. per Annum All the Under Officers as well those in Yards as those belong to Ships hold their Places by Warrant from The Lord High Admiral of England The Ordinary Charge of the King's Navy in time of Peace is scarce 70000 l. per Annum besides the Building of Ships Setting out Fleets c. which some years even in Peaceable Times amounts to 12 or 1300000 l. more as may easily be computed The Court of Commission by force of the Statute of 28 H. 8. cap. 15. THis Court must be held coram Admirallo Angliae seu ejus Locum tenente and Three or Four such other substantial Persons as shall be Named by the the Lord Chancellor Their Jurisdiction is to hear and determine all Treasons Felonies Robberies Murders and Confederacies committed or done upon the Sea c. These Offences shall be heard and determined according to the Common Law and therefore some of the Judges of the Realm are ever in Commission The Mischief before making this Statute you may see Co. 3 Inst cap. Piracy Vide Co. 4 Inst The Port Courts A Port-Mote is a Court kept in Haven Towns or Ports and thereof taketh his Name Curia Portus Portus à portando Est locus in quo Exportantur Importantur Merces and they are Portae Regni The Gates of the Realm Hitha and Heda often in Doomsday is taken for a Haven or Port anciently written Hafne and now Haven and hereof cometh Queen-Hith in London and Lambhith Every Haven is within the Body of the County whereof see more in Coke's 4th Institutes Court of Admiralty and the Statute of 43 Eliz. cap. 15. Commissioners and others for Beacons Signs of the Sea Light-Houses Sea-Marks and concerning Watches BEacon is from the Saxon Bechan which is Signum dare and we use the word to Becken at this day Before Edward the Third they set Stacks of Wood in High Places but in his time Pitch Boxes as now they be were set up and this is properly called a Beacon Light-Houses Ignes Speculatorij seu Lumen Maritimum are properly to direct Sea-faring Men in the Night when they cannot see Marks and these also Signa speculatoria sui Pharus unde Versus Lumina Noctivagae tollit Pharus aemula Lunae Sea-Marks as Steeples Churches Castles Trees and such like for direction of Seafaring Men in the Day time are called signa Marina or Speculatoria or signa Nautis whereof Virg. 5 Aeneis Hic
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.
know as in himself but the Blessed alone But God of his Goodness revealeth it to all in as much as is necessary for them otherwise he should bind his Creatures to impossible things which to be in God is most wicked to think And God reveals this Law Eternal or the Divine Will to the Rational Creature Three manner of ways that is First by the Light of Natural Understanding and then it is called The Law of Reason Secondly by Divine Revelation and then it is called The Divine Law Thirdly by Reason in the Prince or any other Secondary Pe son Governing who hath power to Impose a Law upon this Subjects and then it is called Humane Law altho' it be Originally instituted from God And because whatsoever the Second Cause doth the First doth also by a more Noble manner therefore the aforesaid Three Laws are called in God One Law Eternal and this is that Law of which it is written Prov. 8. Perâ—me Reges regnant Et legum conditores justa discernunt The Law of Reason LEx Rationis which amongst Doctors is also called The Law of Nature or Jus Gentium The Law of Nations may be doubly considered that is either as it respects all Creatures even Irrationals for all Irrational Creatures not hindred do live and subsist under certain Rules to them set by Nature they also conserve their kind and by Instinct of Nature nourish their Young and things by Nature contrary to them they fear and especially when alone it respects the Rational Humane Creature created to the Image of God And it is called The Law of Nations for that it ought to be kept by all Nations as well among the Jews and Gentiles as Christians And thus The Law of Reason is a participation of The Law Enternal From whence it is said in the Psalms Signatum est super nos Lumen vultus tui Domine scilicet Lumen Veritatis Divine Law LEx Divina is a true Sign reveal'd to the Rational Creature of the Divine Reason Willing the Rational Creature to be held or bound to do something or not do it for obtaining Eternal Felicity as are the Laws of the Old Testament which are called Morals and the Evangelical Law and sometimes it is called Law instituted by Man but improperly nevertheless when the Law is for obtaining Eternal Felicity Moreover besides The Law of Reason and Humane Law it was necessary for the Direction of Humane Life to have the Divine Law for Four Reasons First Whereas Man was created to enjoy Eternal Beatitude it was necessary that besides the Law of Reason and Humane Law he should be Directed to his End by a Law Divinely instituted Secondly For the incertainty of Humane Judgment that he should be directed by a Law given by Divine Inspiration from which it appeared that he might by no means deviate Thirdly Because the Judgment of Man may not be of Interior Acts therefore it was necessary to have a Law Divine which should rectifie the Interiors as well as the Exteriors of Men Fourthly Because Human Law cannot punish every evil Act it was necessary to have a Divine Law which should let no Evil go unpunished and these four Reasons are touched in this Verse Lex Domini immaculata convertens animas Testimonium Domini Fidelis sapientiam praestants Parvulis Humane Law LEx Humana sive Positiva is a Law Deduced by Reason from the Law of Reason and the Divine Law and therefore in every Positive Law well Instituted there is somewhat of the Law of Reason and the Divine Law And Humane Law is a true sign by Humane Tradition and Authority immediately Constituted And that Human Law be Just Two things are required That is Prudence and Authority because it is called Lex à ligando but every Sentence of a Prudent Man doth not bind the Community or any of them if he do not preside over them And in the Law of Men these Proprieties are required viz. That they be Honest Just Possible according to the Custom of the Country and convenient to the place and time Necessary Profitable Manifest also that they be Ordained for no Private end but for the Common good and Humane Laws not contrary to the Divine Law ought to be kept also in Conscience Et qui eas spernit Deo resistit From what hath been said it appears That the Divine Law respects the Spiritual end The Law of Reason the Natural end and that Human Law may direct to both And the Law of Reason takes of Nature of the thing for a Foundation but Human Law the publick Expedience or Good Now of these Four Laws all Laws in general consist and be sounded if they are good And that we may shew particularly and more especially from whence arise The Fundamentals of the Law of England WE must know that the Law of England or Humane Law in England takes its Fundamentals from Six chief Principles First The Law of Reason Secondly Divine Law Thirdly Divers Customs of the Kingdom Fourthly Divers Principles called Maxims Fifthly Particular Customs in certain places Sixthly From divers Statutes of the Common Council of the Kingdom in Parliament of which we shall speak something in order And first The Law of Reason is held in this as in all other Kingdoms and the Learned in the Laws of England make two Degrees of the Law of Reason scilicet Lex Rationis Primariae Lex Rationis secundariae Ex Primaria From the first are forbidden Murder Manslaughter Oppression of the Innocent Perjuries Deceits and many such like But the manner of punishing these sorts of Offences is according to divers Principles and Maxims or Statutes to this end especially ordained and it is called the Law of Reason primary For that those things which are Commanded or Forbidden by that Law are grounded upon Reason also without any other Law joyned or opposed to it The Law of Reason secundary is likewise divided in two parts That is General and Particular The Law of Reason secundary General is derived from that Law of Propriety General which is held throughout the World From this are prohibited Thefts Disseisins and many other And it is called the Law of Reason Secundary for that it is founded not upon Reason alone but from the Law of Propriety and the Reason derived from that Law for because the Law of property saith Such a thing is the proper Goods of such a Man Therefore saith Reason grounded upon that Law that thing is not to be taken from him unjustly against his Will And the Law of Reason Secundary Particular is that which is Founded upon divers General and Particular Customs and divers Maxims and Statutes only had and ordained in the Kingdom of England As if a Distress dye it shall not be imputed to him who distrained but to him who hath the Propriety because the Defect is to be assigned in him for that he did not pay the Rent And Reason is founded upon the Custom aforesaid so
the Dean 〈◊〉 the Chappel Royal and Dean of thâ— Chappel of St. George at Windsor Moâ—â—over some Deans there are without aâ—â— Chapter yet enjoying certain Juriâ—dictions as the Dean of Croyden thâ— Dean of Battel and the Dean of Boâ—â—ing c. The Consistory Courts of Archbishops and Bishops THe Consistory Courts of every Archbishop and Bishop of every Dioceâ—â— in Ecclesiastical Causes is holden befoâ—â— his Chancellor in his Catheral Church or before his Commissary in places 〈◊〉 the Diocess too far remote for the Chancellor to call them to the Consistory From these the Appeals are to the Archbishop of either Province respectively By many Records in Hen. 3. and Edw. 1. It appears no Bishop could make a Will of his Goods or Chartels coming of his Bishoprick c. without the King's License wherefore the Bishops consented to give the King Six things That they might freely make their Wills First Their best Horse or Palfrey with Bridle and Saddle Secondly A Cloak with a Cape Thirdly A Cup with a Cover Fourthly A Bason and Ewer Fifthly One Ring of Gold Sixthly His Kennel of Hounds for which a Writ issueth out of the Exchequer after the Decease of every Bishop The King by the Verdict of Twelve recovered 10000 Marks against the Bishop of Norwich for that he prosecuted against the Abbot of St. Edmundsbury to appear before him against the King's Prohibition For which it was adjudged That his Temporalities should be seised and his Body taken If an Alien or Stranger be presented to a Benefice the Bishop ought not to admit him The Court of Archdeacon or his Commissary THis Court is to be holden wheâ—â— and in what place the Archdeacoâ— either by Prescription or Compositioâ— hath Jurisdiction in Spiritual Cases with in his Archdeaconry and from hiâ— the Appeal is to the Diocesan and 〈◊〉 is called Oculus Episcopi And every Archdeacon hath 〈◊〉 Court and Jurisdiction where smallâ—â— differences arising within his Limits aâ—â— pleaded Also the Dean and Chapter hath 〈◊〉 Court and take Cognizance of Causâ— hapning in places belonging to thâ— Cathedral Lastly There are some peculiâ—â— Jurisdictions the Inhabitants whereâ—â— are exempt sometimes from the Arcâ—deacon's Jurisdiction and sometimâ— from the Bishops Jurisdiction The Court of Delegates THis Court is so called because Delegated by the King's Commissioâ— under the Great Seal to sit upon an Aâ—peal to the King in the Court of Chaâ—cery in three Causes First When 〈◊〉 Sentence is given in an Ecclesiastical Court by the Archbishop or his Official Secondly When a Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When any Sentence is given in the Admirals Court by the order of the Civil Law And having spoken of Appeals in Ecclesiastical Causes that you may know the Resolution of the Judges and Learned in the Ecclesiastical Law in what Causes from what Courts and in what time Appeals are to be made Vide Lord Dyer Coke's 4 Inst Ecclesiastical Courts The Laws and Constitutions Ecclesiasticali THe Laws and Constitutions of the Ecclesiastical Government in England are First General Canons made by General Councils Arbitria Sanctorum Patrum The Opinions of Fathers the Grave Decrees of several Holy Bishops of Rome Next our own Constitutions made anciently in several Provincial Synods either by the Legates Otho and Othobone sent from Rome or by several Archbishops of Canterbury All which are by the Statute of 25 Hen. 8. in force in England so far as they are not Repugnant to the King's Prerogative or the Customs Laws or Statutes of the Realm Then the Canons made in Convocations of latter times as 1 Jac. and confirmed by his Royal Authority Also Statutes Enacted by Parliament touching Ecclesiastical Affairs And Lastly Divers Customs not written and where these fail the Civil Law takes place Tryals Ecclesiastical in Civil Causes THe manner of these Tryals are first a Citation goes out Then they proceed to Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued Pro and Con and the Canon and Civil Laws Quoted And then without Jury the Definitive Sentence of the Judge passeth and after that Execution Tryals Ecclesiastical in Criminal Causes THe manner of Trying Criminal Causes is by way of Accusation Denunciation or Inquisition The first When some one takes upon him to prove the Crime The second When the Church-Wardens present and are not bound to prove because it is presumed they do it without Malice and â—hat the Crime is Notorious Lastly By Inquisition when by reason of common fame inquiry is made by the Bishop Ex officio suo by calling some of â—he Neighbourhood to their Oath or â—he party accused to his Oath Ex officio But by the prevailing part in the Long-Parliament this power was taken from the Church the want whereof is one main cause of the Libertinism and Debauchery of the Nation Punishments by Ecclesiastical Courts PUnishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws are first the party delinquent is admonished Next goes forth Minor Excommunicatio whereby he is Excommunicated or Excluded from the Church or at least from the Communion of the Lord's Supper disabled to be Plaintiff in any Suit c. and this commonly for Non-appearance upon Summons or not obeying the Orders of the Court This power of lesser Excommunication the Bishop may Delegate to any Grave Priest with the Chancellor Then Excommunicatio Major is not only an Exclusion from the Company of Christians in Spiritual Duties but also iâ— Temporal Affairs And this commonly for Heresie Schism Perjury Incest c. and for the more Terrour 〈◊〉 is done by the Bishop himself in propeâ— person and being so Excommunicate a Man cannot be in any Civil or Ecclesiastical Court either Plaintiff or Witness and in case any continâ—â— Forty days Excommunicate the King'â— Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail till he hath satisfied for thâ— Offence And then there is Anathematismus inflicted upon an obstinate Heretick whereby he is declared a publick Enemy to God Rejecteâ— and Accursed and delivered over tâ— Eternal Damnation And this is to bâ— done by the Bishop also in his owâ— person assisted by the Dean and Chapter or Twelve other grave Priests Anâ— Lastly There is Interdictum whereby is prohibited 〈◊〉 Divine Offices as Christian Burial 〈◊〉 Administration of Sacraments c. iâ— such a place or to such a people If this be against a people it followeth theâ— wheresoever they go but if against the place only then the people may gâ— to Divine Office elsewhere and besides these general Censures of the Church which respect Church-Communion there is another touching the Body of the Delinquent called Publick Penance when the Delinquent is to stand in the Church Porch on a Sunday Bare-head and Feet in a White Sheet bewailing himself and begging every one that passeth by to
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
dicti Domini Regis in dicto Com' Devon ' The Lord Warden hath Jurisdiction of all the Tynn in Cornwal and Devon and is guided therein by Special Laws by Customs and by Prescriptions Time out of mind And the Officers be the Steward Under-Warden c. By Exposition of the Charters of 33 E. 1. Made and Declared in Parliament Anno 50 E. 3. it appears that all Tynners and Workers in the Tynn-Works should be Free so that they should not Answer for any Matter or Thing arising within the Stannaries before any other Judge or Officer but only before the Warden of the Stannaries Except for Pleas of Land Life or Member and should not depart from their Work for the Summons of any the King's Officers except of his said Warden of the Stannaries and shall be quit of all Tallages Tolls Stallagiis aliis Custumis in Towns Ports Fairs and Markets within the said County De bonis suis propriis Upon any cause of Complaint ministred the same is to be redressed by Appellation First to the Steward of the Stannary-Court where the matter lyeth Then to the Under-Warden of the Stannaries and from him to the Lord Warden and for want of Justice at his hands to the Princes Privy Council For the Laws Jurisdictions c. of this Court see more in Co. 4 Inst c. 45. and Records c. there cited It was Resolved 4 Jac. 1. in Camera Stellata That Stannum Tynne otherwise White Lead nor Black Lead nor any other base Metal did belong to the King by his Prerogative as Gold and Silver do albeit there may be tryed out of the base Metal Gold and Silver but that is as the seed or strength of the base Metal which being Extracted becomes Defective There be Five kinds of Base Metals viz. Aes sive Cuprum because it was found out as some hold in Cypro Copper Stannum Tynn Ferrum Iron Plumbum Lead and Orychalcum Latyn Polybius 209 years before Christ wrote That this Island was abundantly stored with Tynn Britanni qui juxta Belerium promontorium incolunt Mercatorum usu qui eo Stanni gratia navigant humaniores reliquis hospites habentur hij ex terra Saxosa cujus venas sectati effodiunt Stannum igne eductum in quandam Insulam ferunt Britannicam juxta quam Vectam vocant Ex hiis Insulis Mercatores emptum Stannum in Galliam Portant inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt Coke 's 4 Inst cap. 45. The Court of the Major of the Staple THis Court is guided by the Law Merchant which is the Law of the Staple and is holden at the Wool-Staple in Westminster and there also are Two Constables and a certain number of Correctors to do that which pertaineth to their Office as in other Staples is accustomed And though it be more ancient is warranted by Parliament 27 Ed. 3. Whereby it is Ordained That The Staple of Wools Leather Woolfells and Lead shall be holden at Newcastle upon Tine York Lincoln Norwich Westminster Canterbury Cicester Winchester Exeter and Bristol For Wales at Caermardyn and for Ireland at Deuelin Waterford Cork and Droghoada And that such as shall be carryed out of the Land shall be brought to some of the said Staple-Towns to be weighed by the Standard and the Customs paid But from such of the said Staple-Towns which are not Port Towns the said Staple Commodities shall be sent to the next respective Port Towns as from Westminster to London c. there to be weighed again by the Customers Item That in every Town where the Staple is Ordained shall be a Mayor chosen yearly by the Comminalty who hath knowledge in the Law Merchant and Two convenable Constables who have power to keep the Peace arrest the Offenders in Staples for Debts Trespass and other Contracts and them to Imprison and punish after the Law of the Staple and a Prison appointed for that purpose The Mayors Sheriffs and Bayliffs of the Towns where the Staple is or joyning to the Staple shall be attending to the Mayors and Ministers of the Staple for Executing their Commandments upon grievous Forfeiture and one Lord or other of the most Sufficient where the Staple is shall be assigned to be Aidant to the Mayor and Ministers of the Staple to justifie the Rebels that cannot be justified by the Mayors and Ministers of the Staple and to redress all Complaints c. The Bounds of the Staple at Westminster shall begin at Temple-Bar and extend to Tuthill In other Cities and Towns within the Walls and where there are no Walls through all the City or Town By the Statute of 27 Ed. 3. the Major of the Staple may take Recognizances of Debts under the Seal of the Office but not with the Seal of the Party By the Statute of 23 H. 8. the Major of the Staple at Westminster and Recorder of the City of London in the absence of the Two Chief Justices out of Term have power to take Recognizances of Debts according to that Statute and this is in the Nature of a Statute Staple but it hath besides the Seal of those that take it the Seal of the Party By the Statute of 36 Ed. 3. Merchant Strangers may sue before the Major of the Staple according to Law Merchant or at the Common Law By the Statute of 8 H. 6. cap. 17. there are in England Five Staple Merchandizes viz. Wool Woolfells Leather Lead and Tyn. The Mayor and Constables are sworn in Chancery to do lawfully that which pertaineth unto them That Staple cometh from the French Estape signifying a Mart or Market and for other Matters concerning the Staple see Coke's 4 Inst cap 46. and the Statutes and Records there mentioned The Principality of Wales WALLIA Wales by the Saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wales unde Wallenses Walli i. e. Exteri seu Perâ—grini The Britons calling Englishmen Saisons They are of the Posterity of the ancient Britons Inhabiting on the West part of Great Brittany This was sometime a Realm or Kingdom Governed per Regulos suos But Jure Feodali the Kingdom of Wales was holden of the Crown of England and thereby as Bracton saith was Sub potestate Regis and so continued until the 11th Year of King Edward the First when he subdued the Prince of Wales and Executed him for Treason Whereof Fleta who lived in those days speaketh thus Et unico Malefactori plura poterunt infligi tormenta sicut contigit de Davide Principe Walliae cum per Edwardum Quinque Judiciis mortalibus torquebatur suis namque Meritis exigentibus Detractus Suspensus Dismembratus fuit combustus cujus caput principali Civitati quatuorque Quarteria ad quatuor partes Regni in Odium tradit deferebuntur suspendendum And in the 12th of E. 1. by Parliament it is declared speaking in the Person of the King as ancient Statutes were wont to do Divina Providentia quae in sua dispositione non
Corporals 150 l. each The King hath many other Inferiour Officers which over-passing we come now to The Government of the Queen's Court IS suitable to the Consort of so Great a King Splendid and Magnificent And hath all Officers and a Houshold apart from the King For Maintenance whereof there is usually setled 40000 l. per Annum and is as followeth The Ecclesiastical Government of the Queens Court. THe Lord or Grand Almoner He hath Superintendency over all the Ecclesiasticks belonging to the Queen One Confessor to the Queen and Four Almoners One Treasurer of the Chappel Two Preachers Four Clerks of the Chappel and Four Boys Sixteen Chaplains Divers belonging to the Musick and Two Vergers or Porters The Civil Government of the Queen's Court. THere is a Counsel consisting of Persons of Great Worth and Dignity A Steward of the Revenue A Keeper of Her Majesties Great Seal A Chamberlain Master of the Horse A Vice-Chamberlain A Principal Secretary and Master of Requeste A Treasurer and Receiver General Attorney General Solicitor General A Surveyor General Six Gentlemen Ushers of the Privy Chamber Two Cup-bearers Two Carvers Two Sewers Five Gentlemen Ushers daily Waiters Ten Grooms ef the Privy Chamber Seven Gentlemen Ushers Quarter Waiters Six Pages attending at the Back-Stairs Four Pages of the Presence Officers of the Robes A Surveyor Proveditor Clerk Yeoman Groom Page Tayler and Brusher Twelve Grooms of the Great Chamber One Porter of the Back Stairs A Master of the Queens Barge and Twenty Four Watermen The Grooms of the Stole Lady of the Robes and of the Privy Purse Seven Ladies of the Bed-chamber One Keeper of the Sweet Coffers Six Maids of Honour and A Governess or Mother of the Maids Six Chamberers or Dressers A Laundress A Sempstress A Starcher A Necessary Woman These are all paid by Her Majesty out of her own Revenue There are besides Divers other Officers Below Stairs belonging to the Queens Table and Stable paid by the King for which is allowed 20000 l. more The Prince of Wales and other the King's Children have likewise their Courts or Housholds apart But these being not certain no certain Allowance or Settlement is of them but are rather at pleasure And therefore I shall not particularize them but refer to Chamberlain's Present State of England The Government of Cities ALthough every City is within some of the Counties herein before mentioned yet each of them are like a little Common-wealth Governed by Laws and Customs Ecclesiastical Civil and Military within themselves And this by Charter or Priviledges granted and cofirmed to them by several Kings of this Realm And there is for The Ecclesiastical Government of Cities A Bishop every City being or having been a Bishops See and hath a Cathedral to which belong a Dean A Chapter A Treasurer and Prebendaries who have Lands and Revenues belonging to them for their Maintenance and though the Bishoprick be dissolved the City remains as Westminster and Cambridge which was antiently reputed a City And for The Ecclesiastical Government of Parishes there is a Rector or Vicar for every Parish who is to have the Cure of the Souls of his Parishioners every one of which hath a Parsonage or Vicaridge-House and a Competent allowance of Tithes for their Maintenance And there is for The Civil Government of Cities A Mayor who is the King's Lieuetenant chosen by the Citizens and approved by the King and is for one year as a Judge to determine all Matters within his Jurisdiction and to Mitigate the Rigour of the Law And next in Government of Cities are the Two Sheriffs who are Judges in Civil Causes within the City and to see all Execution done whether Penal or Capital To Execute the Kings Mandates within the City c. And might rather be called State Reeves or Port-Reeves i. e. Urbis vel Portus Praefecti The Mayor Sheriffs and Aldermen of every City may make Laws called By-Laws for the Government of the City provided they are not Repugnant to the Laws of the Kingdom And these have several Courts which have Jurisdiction in all Civil and Criminal Causes only with Restraint that all Civil Causes may be removed from their Courts to the Higher Courts at Westminster But of all these we shall speak more at large when we come to treat of the City of London and other Cities in particular which may serve for an Example or Pattern of all the rest And therefore we shall begin with The City of London LOndon so called as some conjecture from the British word Longdin signifying in the Saxon Tongue Shipton or Town of Ships But others derive it otherwise And therefore not to insist thereon Nam utere tuo Judicio nihil impedio It was Built as some Write 1108 years before the Incarnation of our Saviour In the time of Samuel the Prophet Is in length about 7 Miles and half and about 2 Miles and half in breadth Hath above 500 Streets and Alleys and 15000 Houses within the Walls which may not be accompted above a Sixth part of the whole City The Cathedral Church of St. Paul was Built or begun by Ethelbert King of Kent about Anno Christi 610 and is the only Cathedral of that Name in Europe Besides this there are 130 Parish Churches besides Chappels which is double the number to be found in any other City in Christendom The Ecclesiastical Government OF London is as before mentioned of Cities in General By a Bishop and was in the time of the Britains by an Archbishop but by the Saxons the Archiepiscopal See was removed to Canterbury for the sake of St. Austin who first Preached the Gospel there to the Heathen Saxons and was there buried since which there have been 100 Bishops to the present Bishop there To this Cathedral belongs a Dean a Chapter and 30 Prebendaries maintained in like manner before mentioned in the General Government of Cities The Ecclesiastical Government of Parishes is as before mentioned by a Parson Rector or Vicar To have cure of Souls in every Parish who have a Parsonage or Vicaridge-House and a competent Allowance in Tithes which was anciently besides the Tithes of Tradesmen's gains and mortuaries c. 3 s. 5 d. in the pound Rent which they paid by a Half every Sunday and Holiday Afterwards by 25 Hen. 8. It was ordained and afterwards confirmed by 27 Hen. 8. and 37 Hen. 8. That 2 s. 9 d. in the pound should be paid for the Rent of all Houses Shops c. to the Parson with power to the Lord Major to Imprison any Person should refuse to pay the same The Civil Government OF London is by a chief Magistrate anciently called The Prefect of London In the Saxons time Portegreeve by the Norman's Bailiff or Bailiffs till King Rich. the First Anno 1189 changed the name of Bailiff to Mayor which is now The Lord Mayor and is a Citizen yearly chosen by the Citizens and approved by the King unless sometimes for Disloyalty their
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 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.
Descent for that by the Laws of that Kingdom he doth Inherit he cannot change those Laws of himself without Consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after King John had given to them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament And in this case whilst the Realm of England and that of Ireland were Governed by several Laws any Born in Ireland was no Alien to the Realm of England And in case of a Conquest of a Christian Kingdom as well those that served in the Wars at the Conquest as those that remained at home for the Safety and Peace of their Country and other the King's Subjects as well Antenati as Postnati are capable of Lands in the Kingdom or Country Conquered and may maintain any Real Action and have the like Priviledges there as they may have in England Co. 7 Rep. 17 Calvin ' Case Ireland came to the King 's of England by Conquest but who was the first Conquerour hath been a Question The Lord Coke saith he had seen a Charter made by King Edgar in these Words Ego Edgarus Anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omniumque Insularum Oceani quae Britanniam cirumjacent Imperator Dominus gratias ago ipsi Deo Omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum c. mihi concessit propitia Divinitas cum Anglorum Imperio omnia Regia Insularum Oceani c. cum suis ferocissimis Regibus usque Norvegiam maximamque partem Hiberniae cum sua Nobilissima Civitate de Dublina Anglorum Regno subjugare quapropter ego Christi gloriam laudem in Regno meo exaltare ejus servitium amplificare devotus disposut c. Yet for that it was wholly Conquered in the Reign of King Henry the Second the Honour of the Conquest of Ireland is attributed to him and his Style was Rex Angliae Dominus Hiberniae Dux Normanniae Dux Aquitaniae Comes Andegaviae It is evident by our Books that Ireland is a Dominion separate and divided from England And 2 R. 3.12 Hibernia habet Parliamentum faciunt Leges nostra Statuta non ligant eos quia non mittunt Milites ad Parliamentam which is to be understood unless they be especially named sed Personae eorum sunt Subjecti Regis sicut Inhabitantes in Calesia Gasconia Guyan Concerning their Laws Ex Rotulis Patentium de Anno 11 Regis H. 3. there is a Charter which that King made beginning in these Words Rex c. Baronibus Militibus omnibus libere Tenentibus Salutem Satis ut credimus vestra audivit discretio Quod quando bonae memoriae Johannes quondam Rex Angliae Pater noster venit in Hiberniam ipse duxit secum Viros discretos legis peritos quorum Communi consilio ad instantiam Hibernensium Statuit praecepit Leges Anglicanas in Hibernia ita quod Leges easdem in scripturas redactas reliquit sub Sigillo suo ad Scaccarium Dublin ' So as now the Laws of England became the proper Laws of Ireland But because they have Parliaments holden there whereat they have made divers particular Laws and for that they retain unto this day divers of their Ancient Customs The Book 20 H. 6.8 holdeth That Ireland is governed by Laws and Customs separate and diverse from the Laws of England A Voyage Royal may be made into Ireland which proveth it a distinct Dominion In the Statute of 4 H. 7. cap. 24. Of Fines Provision is made for those that be out of this Land and it is holden in Plowden's Commentaries in Stowel's Case 375. That he that is in Ireland is out of the Land and consequently within that Proviso Co. 7 Rep. Calvin's Case But he is no Alien that is Born within the King's Obedience And no Man can be Alien to the Subject that is no Alien to the King Non potest esse Aliegena Corpori qui non est Capiti Non gregi qui non est Regi If an Irish Man dwelling in Ireland hath Lands in England he shall be chargable for the same to all intents as if an English Man were Owner thereof and dwelt in Ireland But if Irish Men or Men of the Isles of Man Jersey Guernsey c. have Lands within England and dwell here they shall be subject to all Services and publick Charges within this Realm as an English Man shall be Co. 7 Rep. 26. Calvin's Case A COMPENDIOUS DESCRIPTION OF THE English Plantations IN ASIA AFRICA AND AMERICA Anno Domini 1699 English Plantations IN ASIA BAntan or Banda Scituate near the Molucco's in the East-Indies abounding more in Nutmegs than any other Island of India and for that cause much frequented but this Trade is now taken from us by the Dutch The chief Town is Nera Here the Christian Faith hath taken deep Root according to the Church of Rome The English have a Colony at Surrat and Fort called the Fort of St. George c. which are not for our purpose more to describe Bombain Is also under the English Government but being of no great account we shall no further describe it The English Colonies in Africa GUinea in Terra Nigritarum doth acknowledge the English Government It extendeth from Sierra Leona in the 10th Degree of Longitude to Benin in the 30th Here is neither Town or Castle except Mina Built by the Portugals This is a Country very Fruitful having Mines of Gold The Juice of a Tree as Strong as Wine and much abounding in Rice Barley Ivory and Guinea Pepper Tanger Did here formerly belong to the English but the Mole and Castle is now Demolished The English Plantations in America THis Immense Country may be properly called a New VVorld being discovered by Christopher Columbus Anno 1492. The ancient Fathers Philosophers and Poets being of Opinion That the places near the North and South Pole were not Inhabitable by reason of the Extremity of Cold and the Middle part because of Excessive heat and thought it a great Solecism to believe the Earth was round For holding which Opinion 'T is said Pope Zacheus was so Zealous against Bishop Virgil That he Sentenced him to be cast out of the Temple and Church of God and to be deprived of his Bishoprick for this perverse Doctrin That there were Antipodes or People whose Feet are placed against ours although this discovery of America hath fully confirmed these Opinions and the yearly compassing the World evidenceth the necessity and certainty of Inhabitants living on all Parts of the Earthly Globe But the particular Discoveries and Voyages into the several parts of America being not for our present purpose I shall proceed to give some Relation of the Discovery Plantation and Government of those Countries and Islands in the VVest-Indies which
all Pleadings are Entred and all Common Recoveries Recorded and Exemplified The Clerk of the Warrants who entreth all Warrants of Attorney and inrolleth all Deeds acknowledged before Justices of the Court. The Phillizers who have the several Counties of England divided amongst them and make all mean Process upon Original before Appearance The Clerk of Essoyns who entreth all Essoyns and Exceptions in all Actions and prepareth and marketh all Rolls for the Court. The Clerk of the Utlaries who makes all Capias utlagatum upon return of the Exigents brought him The Kings Attorney is Master of this Office The Exigenters appointed for several Counties who make the Writs of Exigents and Proclamations upon the return of the Pluries Capias brought them The Clerk of the Supersedeas who makes Writs to supersede the Utlary upon the Parties appearing to the Exigent The Clerk of the Juries who makes Writs of Habeas Corpora Jur ' Distringas Jur ' for Tryal of Issues The Chirographer who makes the Indentures of Fines Levied The Clerk of the Kings Silver who Enters upon Record the Money which the King is to have upon Fines for the Post Fines according to the value of the Land as the same is rated upon the Writs of Covenant The Clerk of the Errors who makes the Supersedeas upon the Writs of Error and doth Transcribe the Records out of the Common Pleas into the Kings Bench. The Clerk of the Treasury who keeps the Rolls of the Court and makes Copies and Exemplifications thereof and also all Records of Nisi prius which are after the same Term wherein Issue is joyned The Proclamator of the Court The Keeper of the Court The Office of Inrolment of Fines and Recoveries erected by Statute Four Cryers or Tipstaffs Substitutes to the Proclamator The Warden of the Fleet who by himself or his Deputy is to attend the Court That Prison being proper for all Commitments out of this Court The Pleaders are Serjeants of the Coif none under that degree are admitted to Plead at the Bar nor to Sign any special Pleadings in that Court The Attorneys are many being not limitted In this Court all Civil Causes Real or Personal are usually tried according to strict Rule of Law and Real Actions are Pleadable in no other Court The Proceedings in this Court are by Originâ—l Summons Attachias Capias Alias Capias Pluries Capias Exigi Facias and Proclamation into the County where the Defendant dwelleth And for their General Rule see the Books at large The King allows the Lord Chief Justice a Fee Reward Robes and Two Tun of Wine And to the Three other Judges and to Four Serjeants he alloweth Fees Rewards and Robes to each The Clerk of the Supersede as holds his Place by Patent The Phillizers are in the Gift of the Lord Chief Justice and hold for Life The Four Exigenters are in the Lord Chief Justice Gift and are for Life This court hath Jurisdiction for granting Prohibitions upon Suggestions where there is neither Writ of Attachment nor Plea depending Coke's 4. Inst 10. And this Court hath Jurisdiction for Punishment of their Officers and Ministers The Court of the Exchequer IS so called as some think from the Chequer wrought Carpet Covering the great Table in that Court Or else from the French Eschequier a Chess-board because the Accomptants in that Office were wont to use such Boards in their Calculation And the Authority of this Court as all the other Courts before mentioned is of Original Jurisdiction without any Commission not Instituted by any Statute or Written Law but have their Jurisdiction Originally from the Ancient Customs of the Kingdom And this Court is divided into Two parts viz. Judicial Accompts called Scaccarium Computorum and the Receipt of the Exchequer Una Origo Utriusque Scaccarij Superioris scilicet Inferioris sed quicquid in Superiori computatur in Inferiori solvitur ' But before we proceed further it will be necessary to declare The Officers DOminus Thesaurarius Angliae hath his Office by delivery of a White Staff at the Kings Will and Pleasure In former times by delivery of the Golden Keys of the Treasury When Treasure failed the White Staff served to Rest him upon it or drive away importunate Suitors The Office and Duty of the Lord Treasurer appears by his Oath Consisting of Eight Articles for the due Execution of his Office and truly to Council and Advise the King as in the 4th Institutes you may Read more at large And he hath the keeping of the Kings Treasure and Records of the Exchequer and hath many Officers at his sole Appointment hath the nomination of Escheators in every County and is to appoint a Measurer for Cloths he with others joyned with him grant Leases of the Crown Lands and giveth Warrants to certain persons to have their Wine Custom Free The ancient Salary of the Lord Treasurer was 383 l. 7 s. 8 d. lately it hath been 8000 per Annum The Office is sometimes Executed by Commission and he is also Treasurer of the Exchequer by Letters Patent under the great Seal And next to the Lord High Treasurer is Cancellarius Scaccarij who keepeth the Seal Et les Brev. usual in le Chancery en le Exchq ' c. sont pluis ancient que le Register He is sometimes under Treasurer and Governor of the Court. Under the High Treasurer is The Comptroller of the Pipe and many Officers are at his Appointment and these seldom sit in Court But there is The Lord Chief Baron who is created by Letters Patent Quam diu se bene gesserit and Answers the Bar takeâ— Recognizances for the Kings Debts c. and with him commonly sit Three other Barons who in his Absence supply his Place according to Seniority And there is also One Cursitor or Puisne Baron who administers the Oaths to the Sheriffs Under-Sheriffs Searchers Surveyors c. of the Custom-House And in the upper Exchequer are these under Officers The Kings Remembrancer in whose Office are Two Secondaries and Six others who are Sworn Clerks and his Office and Duty is First To Write Process against all Collectors of Customs Subsidies c. Secondly He entreâ—h all Recognizanees before the Barons and taketh Bonds for the Kings Debts for observing of Orders or for Appearances and makes out Process thereupon Thirdly He makes out Process upon Penal Statutes and enters all Informations in this Office Fourthly He makes Bills of Compositions upon Penal Statutes Fifthly He taketh the Stalment of Debts and entreth them Sixthly Into this Office ought to be delivered all Conveyances and all Evidences whereby any Lands c. are granted to the King Seventhly There being a Court of Equity holden in the Exchequer Chamber by English Bill all the Bills and Proceedings thereupon are entred in this Office See the Statute of 5 R. 2. cap. 14. Stat. 1. The Lord Treasurer's Remembrancer whose Office is to make out Process against all Sheriffs Receivers Bayliffs
Court Baron THe Stile of this Court is Curia Baronis A. B. Militis Manerij sui praedicti having the name of the Manor written in the Margent Tent ' tali die c. coram C.D. Seneschallo ibidem And being calle Barons Court is the same as to say Freeholders Court This Court is incident to every Manor and is of Two natures The First by the Common Law and the Suitors thereof are Judges although the Plea be holden by force of a Writ of Right and this is called a Court Baron and may be holden from Three Weeks to Three Weeks The Second is a Customary Court and that doth concern Copyholderss And therein the Lord or his Steward is Judge And for as much as the Title or Estate of the Copyholder is entred in the Roll whereof the Steward delivereth him a Copy he is therefore called Copyholder And as there can be no Court Baron without Freeholders So no Customary Court without Copyholders And aâ— there may be a Court Baron of Freeholders only and then the Steward is Register So their may be a Customary Court of Copyholders only and then is the Lord or his Steward Judge And when the Court Baron is of this Double Nature The Court Roll containeth matters appertaining to the Court Baron as also to the Customary Court For the Antiquity f this Court it is to be observed That by the Laws and Ordinances of King Alfred and others It appeareth That the First Kings of this Realm had all the Lands of England in Demesne And Les grand Mannors and Royalties they Reserved to themselves and of the Remnant they for the Defence of the Realm Enfeoffed the Barons under which Name are comprised all the Nobility with the like Jurisdiction the Court Baron now hath And this Court was first Instituted for the ease of the Tenants and for the ending of Suits for Debts and Damages under Forty shillings And this Court may be held at any place within the Manor unless a Lord who hath Two or Three Manors hath usually kept at one of them Courts for all the said Manors For the Customs and manner of Proceeding in this Court you may Read more at large in Coke's 1 Inst sect 73. Greenwood of Courts Shepheard's Court-keepers guide c. The Court of the Coroner THe Coroner Coronator is so called because he deals principally with Pleas of the Crown Or Matters concerning the Crown And as appears by the Writ De Coronatore Eligendo he is Eligible by the Freeholders of the County and after he is Elected the Sheriff gives unto him his Oath duly to Execute his Office and being thus Eligible as the Sheriff and Conservators of the Peace were in ancient Times they continue notwithstanding the Demise of the King And of these are Fout in every County But in the Twelve Shires of Wales and Cheshire are but Two and sometimes Six in a County and sometimes but one The Court which he holdeth is a Court of Record And as the Sheriff in his Tourn may Inquire of all Felonies by the Common Law except the Death of Man So the Coroner can Inquire of no Felony but the Death of Man and that super visum Corporis He may also Inquire of the Escape of the Murderer of Treasure Trove Deodands and Wrecks of the Sea Besides his Judicial place he hath also Authority Ministerial as Sheriff c. When there is just Exception to the Sheriff Judicial Process shall be awarded to the Coroner for the Execution of the King's Writs in which case he is Locum tenens Vicecomitis and in some especial Case the King 's Original Writ shall be directed to him In ancient time none might have this Office but a Knight and he must have sufficient Lands within the County whereof he may answer all People But more concerning this matter you may see in Coke's 4 Institutes cap. 59. And besides these General Coroners of Counties there are Special Coroners of Liberties and Priviledged Places who have the like Jurisdiction and Power within those Places as the other have in the County Vide Stat. de Coronatoribus 3 and 4. E. 1. When any person hath Murdered himself or is Felo de se The Coroner goeth to view the Body and maketh out his Warrant to the Bailiffs of the Liberty to Summon a Jury And further For the manner and method of keeping this Court See Greenwood of Courts and others who treat thereupon The Court of Escheators and Commissioners for finding of Offices THis Office is in the Gift of the Lord Treasurer who grants it by Deed and he is to continue in his Office but one year or Once in Three years and are One in every County And this name Escheator cometh from the word Escheata a word of Art derived from the French word Eschear i. e. excidere or accidere to happen and signifies properly when the Lands by accident Fall to the Lord of whom they are Holden And then we say the Fee is Escheated And this Escheat happeneth Aut per defectum Sanguinis For the default of Heir Aut per delictum Tenentis for Felony and by Judgment Three ways Aut quia suspendatur per Collum Quia abjuravit Regnum Aut quia utlagatus est And therefore such as are Hang'd by Martial Law in furore Belli forfeit no Lands He ought to be seised of Forty Marks Land Except in Cities and Counties Palatine In case of Treason or Felony he may find an Office Virtute Officij If he sit by force of a Writ he ought to take the Inquest within a Month after he deliver the Writ and he ought to Return the same within a Month after he taketh it either by Writ or Virtute Officij All Offices found before him or Commissioners ought to be by Oaths of Twelve Men every Juror to have Lands of the yearly value of Forty shillings in the same County and ought to be Indented and one part Sealed by them and the other by him which is to remain with the Foreman of the Jury and they to be taken in good Towns c. He or the Commissioners can take no Inquest of any but such are Returned by the Sheriff If he or the Commissioners deny any Person to give Evidence to any Inquest taken before him he shall forfeit Forty pounds If he or they refuse to take a Verdict of the Inquest they forfeit One hundred pounds to the Party grieved An Office found before Commissioners is as forcible as if it had been found before the Escheator himself The Escheator ought to take no Fee but of the King But if he find an Office by Writ for the King he shall have a Fee of Forty shillings by the Statute of 23 Hen. 6. But if such Lands exceed not in value Five pounds then he shall take but Fifteen shillings And if it be found that Lands are holden of a Subject he ought to take no Fee at all And the Escheators may make Deputies that
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
the Government of the Office as likewise all Patents and Grants and the Names of all Officers Clerks Artificers Attendants Gunners Labourers and others who enjoy the said Grants or any other Fees from the King for the same To draw all Estimates for Provisions and Supplies to be made and all Letters Instructions Commissions Deputations and Contracts for His Majesty's Service To make all Bills of Imprest and Debentures for the payment and satisfaction of the respective Artificers and Creditors of the Office for Work done or Provisions received and Quarter-Books for the Salaries Allowances and Wages of all Officers Clerks and other Ministers belonging to the said Office and also to keep Journals and Liegers of the Receipts and Returns of His Majesty's Stores that nothing be Bought Borrowed Given Received Lent or Employed without due Record thereof to serve as a Cheque between the Two Accomptants of the Office the one for Money the other for Stores The Storekeeper is to take into his Custody all His Majesty's Ordnance Munitions and Stores thereunto belonging and to Indent and put in Legal Security for the safe keeping thereof and to make Just and True Accompt from time to time to Receive no Provisions whatsoever that are manifestly inserviceable or before they have been Reviewed by the Surveyor nor to Issue any proportion of Ordnance c. but what is agreed upon and signed by the Officers according to the appointment of the Master of the Ordnance grounded upon the Order of the King or six of the Privy Council or the Lord Admiral for Matters concerning the Navy Nor to Receive back any Stores issued till they have been Reviewed by the Surveyor and Registred by the Clerk of the Ordnance in the Book of Remains To look that all His Majesties Store-Houses be well Repaired and well Accommodated and the Stores kept in such order and lustre as is fit for the Service and Honour of the King The Clerk of the Deliveries is to Draw all Proportions for Delivery of any Stores and Provisions and to be present at the Delivery and by Indenture to Charge the particular Receiver of the King's Munitions whether Captain Gunner or other and to Register as well the Copies of all Warrants for Deliveries as the Proportions delivered whereby to discharge the Store-keeper The Treasurer and Paymaster of the Office was formerly an Appendix to that of Lieutenant of the Ordnance But the late King Charles Erected it into a particular and distinct Office and granted the same as all the other before-mentioned are by Letters Patent And there are other Subordinate Officers which likewise hold by Patent as The Master Gunner of England who is to teach all such as desire to Learn the Art of Gunnery and to oblige every Scholar by Oath not to serve any Foreign Prince or State without leave nor to Teach any other the said Art but such as have taken the said Oath and to certifie the Master of the Ordnance the Sufficiency of any person Recommended to be one of the King's Gunners and his Ability to discharge the said Duty The Keeper of the Small Guns who hath the charge and custody of the King 's Small Guns as Musquets Harquebusses Carabines Pistols c. with their Furniture There are many other Inferiour Officers and Ministers Attendants and Artificers as Clerks Proof-Masters Messengers Master Smith Master Carpenter Master Wheelwright Master Gunnsmith Furbusher c. which for Brevity are here omitted as likewise the King 's principal Engineer The Master of the Ordnance hath a Superintendency and Jurisdiction over all the King's Engineers Employed in the several Fortifications of the Kingdom most of whom have their Salaries and Allowances payable in the said Office to which they are accountable and from whence they receiev their particular Orders and Instructions according to the Directions and Commands given by the King and signified by The Master of the Ordnance Nota The several sorts of Cannon seem to be denominated from the Rapacious kind of Creatures whose Names they bear as Faulcons Faulconets Sakers Culverins from the Latin Coluber Basilisks Griffons Dragons c. The Office of the Warden of the Mint WHere is minted all the Bullion that is Minted in England although the King may set up a Mint in any other Place of the Kingdom In this are divers Persons of Quality and Worth whereof the principal is The Warden of the Mint who is to Receive the Silver and Gold brought in by Merchants or Goldsmiths or others to pay them for it and to Oversee all the rest his Fee is 100 l. per Annum And next is The Master Worker who Receives the Bullion from the Warden causes it to be Melted delivers it to the Moneyers and receives it from them again when Minted and hath an Allowance by the Pound weight but no set Fee And next is The Comptroller who sees all the Money be made according to the Just Assize to oversee the Officers and Comptrol them if the Money be not as it ought to be his Fee is 100 Marks and these three last above hold by Patent of the King The next is The Assay-Master who weighs the Bullion and sees it be according to the Standard his Fee is 200 Marks The Auditor to take the Accounts and make them up The Surveyor of the Melting who is to see the Bullion cast out and not to be alter'd after it is delivered to the Melter which is after the Assay-Master hath made Tryal thereof There are moreover A Clerk of the Irons A Graver A Weigher A Teller Melters Blanchers Moneyers and other Officers belonging to the Mint The Office of Records in the Tower IS of Venerable Antiquity and the Keeper and Deputy dignified with Special Trust The Keeper hath a Salary of 500 l. per Annum and is properly in the Gift of the Master of the Rolls and afterwards His Majesty hath usually by Letters Patents Confirmed it As the Chappel of the Rolls and Petty-Bag Office fill the Records are sent hither by a Writ formed for that purpose and these Records amongst other things contain the Foundations of Abbeys and Religious Houses as The Chappel of the Rolls contain those of their Dissolution and the Donation of the Lands of which many Families are now possessed The Leagues and Treaties with Foreign Princes The Atchievements of this Nation in France and Foreign parts The Original of All Laws that have been Enacted or Recorded until Richard the Third The Homage and Dependency of Scotland upon England The Establishment of Ireland in Laws and Dominions The Dominion of the Brittish Seas totally excluding French and Dutch to Fish therein without License from England proved by Records before the Conquest The Interest of the Isles of Man and of Jersey Guernsey Sarke and Alderney the Four last being the Remaining part of the Norman Possessions The Title of our Kings to the Realm of France and how obtained And all that our Kings and Princes have till that time Done
the use of the Clergy in London and Liberties â—hereof and a part thereof for Twenty â—oor People for which he gave Three Thousand pounds and for the Mainâ—enance of the poor People 120 l. yearly for ever and 40 l. yearly for a Sermon in Latin at the beginning of â—very Quarter and a plentiful Dinner â—or all the Clergy that shall meet â—here There was a Spacious Library â—uilt by John Sympson Rector of St. Olaves Hartstreet and well furnished with Books The Chartreaux in London THis was heretofore a Convent of Carthusian Monks called in French Des Chartreaux It is called Sutton's Hâ—â—pital also and consists of A Master oâ— Governour A Chaplain A Master and Usher to Instruct 44 Scholars besideâ— 80 Decayed Gentlemen Souldiers anâ— Merchants who have all a plentifâ—â— Maintenance of Dyet Lodging Cloath and Physick c. The Scholars fit for the University have Twenty poundâ— yearly allowed them for Eight year after they come to the University 〈◊〉 and others fitter for Trades have a considerabl Sum of Money to bind them out Apprentices And they have all Officers expedient for such a Society as Physician Apothecary Steward Cooks Butlers c. who have all Competent Salaries This vast Revenue was the Gift of an ordinary Gentleman Mr. Thomas Sutton Born in Lincolnshire and was of such Account that by the King's Letters Patents Persons of the Highest Quality as the Archbishop of Canterbury Lord Chancelor Lord Treasurer and Thirteen others are Governours and Overseers thereof Schools in London ARe St. Paul's Founded An 1512. by John Collett Dr. of Divinity and â—ean of St. Paul's for 153 Children to â—e Taught gratis There being a Master Usher and Chaplain who have â—arge Stipends and the Master Wardens and Assistants of The Company of â—ercers in London have the oversight â—hereof And divers other Schools which are â—ndowed as Merchant-Taylors Mercers-Chappel c. which for brevity sake I â—mit The Arms of the City of London â—re Argent A Cross Gules with the Sword of St. Paul not the Dagger of William â—alworth as some have conceited â—or this Coat did belong to the City before Walworth slew Wat Tyler as â—earned Antiquaries affirm Southwark THis Burrough was granted by King Edward the Sixth by Lettâ—ers Patents to the Major Commonalâ—y and Citizens of London and is calâ—ed the Bridge-Ward without and Governed by One of the 26 Aldermen of London It hath nothing Remarkable but that it pays more in a Subsidy to the King and Musters more Men than any City in England except London The City of Westminster THE Ancient Stately Abby Church here was Founded by the Pious King Edward thâ— Confessor and richly Endowed afterwards Rebuilt by King Henry the Third with that rare Architecture now seen Wherein are most Magnificent Tombs and Monuments of our Kings Queens and Greatest Nobles To the East-end of which is added A Chappel by King Henry the Seventh which for curiouâ— Artificial Work without and within For a Monument of Massy Brass most curiously wrought is scarce to be parallel'd in the whole World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the First Christened King of the East Saxons who first Built St. Paul's Church in London Built here likewise this Church to St. Peter It taketh the name from this Monastery which Minster signifieth it being called Westminster in respect of the East Minister not far from the Tower of London This Monastery 30 Hen. 8. was Surrendred to the King who Erected thereof a Dean and Chapter Anno 33 Hen. 8. It was raised to a Bishopâ—ick and Tho. Thurlby made the first and last Bishop thereof Queen Eliz. Converted it into a Collegiate Church and therein placed a Dean Twelve seculiar Canons or Prebendaries Pety Canons and others of the Quire to the number of Thirty Ten Officers belonging to the Church as many Servants belonging to the Collegiate Diet Two School-Masters Forty Scholars Twelve Alms-men with plentiful Allowance for all besides Stewards Receivers Registers Collectors and other Officers The Principal whereof is the High Steward of Westminster who is usually one of the Prime Nobility The Dean is intrusted with the Regaâ—ia at the Coronation and Honoured with a place of necessary Service at â—ll Coronations and with a Commisâ—ion of the Peace within the City and Liberties of Westminster The Dean and Chapter invested with all Jurisdiction both Ecclesiastical and Civil not only within the City and Liberties of Westminster but within the Precincts of St. Martins le Grand and in some Towns in Essex Exempted in the one from the Jurisdiction of the Bishop of London And in the other from that of the Archbishop of Canterbury It hath a Royal Jurisdiction for Ecclesiastical Causes and Probate of Wills and a Commissary from whom is no Appeal but to the King in his Chancery Who thereupon Issueth out a Commission of Delegates under the Great Seal of England When the Convocation is Adjourned from St. Pauls for the conveniency of being nearer the Parliament to Westminster The Bishops first declare upon a Protestation made by the Dean there that they intend thereby not to violate that High Priviledge viz. That no Archbishop or Bishop may come there without leave of the Dean first obtained There is also a fair publick Library free for all Strangers to Study both Morning and Afternoon always in Term time Within this City are Twelve Wards Out of which are Elected One Burgess and One Assistant in every Ward and out of these Twelve Two are Elected yearly on the Thursday in Easter Week to be Chief Burgesses and so to continue for the year ensuing These Burgesses have Authority by Act 27 Eliz. To Hear Examine Determine and Punish according to the Laws of the Realm and lawful Customs of the City of London Matters of Incontinency Common Scolds Inmates and Common Annoyances and to commit such Persons as shall offend against the Peace and thereof give knowledge within Twenty four hours to some Justice of Peace within the County of Middlesex Next the Abbey Church stood the Palace Royal and usual Place of Residence of the Kings of England who ordinarily held their Parliaments and Courts of Judicature in their Dwelling Houses and many times sate themselves in the said Courts of Judicature as they do still in Parliament But after the Parliament was divided into two several Houses which was about 50 Ed. 3. The Commons assembled in the Chapter House of the Abbot of Westminster until 1 Ed. 6. which gave to the King Colledges Chauntries Free Chappels c. The King being thereby Possessed of the Ancient Beautiful Free Chappel of St. Stephen Founded by King Stephen which had Revenues of the old yearly value of 1085 l. It afterwards served for the House of Commons A great part of this Huge Palace was in the time of Hen. 8. destroyed by Fire what remained hath still been Employed for the use of the Parliament and Courts of Judicature The
To take care of the Church and Church Assemblies The Overseers of the Poor To take care of the Poor Sick Aged Orphans and other Objects of Charity And Lastly The Clerk to wait on him at Divine Service And for The Civil Government of Villages THe Lord of the Manor or Soil who from the Crown immediately holds or mediately holds Dominium Soli Is said to have in him The Royalty as if he were a little King and hath a kind of Jurisdiction and a Court Baron incident to the Manor and sometimes a Court Leet by Grant from the King to which the Inhabitants owe Suit and Service and where smaller Matters as Escheats upon Felonies or other Accidents common Nusances c. Admitting of Tenants passing of Estates Reliefs Herriots Hunting Hawking Fishing c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts may be heard and determined And under the Lord is The Constable or Headborough Chosen yearly by the Lord or Steward in the Leet to keep the Peace in case of Quarrels to search any House for Robbers Murderers and others who have broken the Peace to raise Hue and Cry after Robbers to seize Offenders and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasions either to bring Criminals before them or to carry them by their Command to the Common Prison Thus having in a Brief and Methodical manner described the Constitution of the English Government For the Excellency thereof we may welâ— conclude with the Poet O Fortunatos nimium bona si sua Norint Angligenas THE ISLANDS Adjacent to ENGLAND CAlled by Heylin The Sporades not as he saith that they are so named in any Author but being many he thought fit to include them under that general Name The Chief of which are The Isle of Man INsula Euboniae modo Manniae hath been an ancient Kingdom as appears by Walsingham pag. 287. and Coke's Reports Lib. 7. fol. 21. Calvin's Case And yet we find it not Granted or Conveyed by the Name of a Kingdom Sed per Nomen Insulae c. cum Patronatu Episcopatus The Patronage of the Bishoprick of Sodor being a Visible Mark of a Kingdom Est nempe Jus ipsius Insulae ut quisquis illius sit Dominus Rex vocetur cui etiam fas est Corona Aurca Coronari Walsingh 17 R. 2. This Island was taken from the Britains by the Scots and from them regained by Edwin King of Northumberland Afterwards the Norwegians seised it from whom Alexander the Third wrested it and about the Year 1340. William Montacute Earl of Salisbury descended from the Norwegian Kings of Man won it from the Scots and afterwards sold it to W. Lord Scroope who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland who being 5 H. 4. Attainted of Treason In 7 H. 4. it was by Parliament Enacted the King should have the Forfeiture of all his Lands and Tenements And afterwards 7 H. 4. the King granted the Isle cum Patronatu Episcopatus unto Sir John Stanley first for Life and afterwards to him and his Heirs Sir John had Issue Sir John Stanley Knight who had Issue Sir Henry Stanly Lord Chamberlain to King Henry the Sixth who Created him Lord Stanley He had Issue Thomas whom King Henry the Seventh Created Earl of Derby to him and the Heirs Male of his Body c. Vide Co. 4 Inst cap. 69. The Laws and Jurisdiction of this Isle differs from other places For they call their Judges Deemsters which they chuse out of themselves And they determine all Controversies without Process Pleading Writing or any Expence at all If any Cases be ambiguous or of greater weight it is referred to Twelve which they call Claves Insulae They have Coroners quos Annuos vocant who supply the Office of Sheriff But altho' the King's Writ runneth not into this Island yet his Commission extendeth thither for Redress of Injustice and Wrong The Bishop was Instituted by Pope Gregory the Fourth is under the Archbishop of York being annexed to that Archbishoprick by King Henry the Eighth but hath neither Place nor Voice in the Parliament of England In hac Insula Judex Ecclesiasticus citat definit infra Octo dies parent aut carcere intruduntur The People are a Religious Industrious and True People They have peculiar Laws or Customs For if a Man steal a Horse or an Ox it is no Felony because he cannot hide them but if he steal a Capon or Pigg he shall be hanged c. In this little Kingdom are Two Castles Seventeen Farishes Four Market Towns and many Villages It is scituate against the South part of Cumberland from which it is distant 21 Miles Is in Length 30 Miles in Breadth 15 but in some part only 8 Miles The Soil is abundant in Flax Hemp Oats Barley Wheat and Bishop Merrick writing to Cambden when he was composing his Britannia saith Our Island for Cattle Fish and Corn hath not only sufficient for it self but sendeth store into other Countries The chief Towns are Balacurri and Russin or Castle-Town the Seat of the Bishop On the Hill Sceaful may be seen England Scotland and Ireland Here are also bred the Soland Geese The People speak a Mixture of the Norwegian and Irish Tongues Anglesey IS accounted a Shire of Wales bordereth on Carnarvanshire is in Length 20 in Breadth 17 Miles containing in former times 360 Towns and Villages the chief whereof are 1. Beaumaris towards Wales 2. Newburg 3. Aberfraw on the South-side This Island for its abundant Fertility is called Mam Cymri i. e. Mother of Wales It was once the Seat of the Druids first Conquered by Suet onius Paulinus and united to the English Crown by the Valour of Edward the First Jersey olim Caesarea IS in Compass 20 Miles and sufficiently strong by reason of the dangerous Seas It containeth 12 Towns or Villages the Chief being St. Hillary and St. Malo and four Castles The Ground is plentiful in Grain and Sheep most of them having four Horns of whose Wool our Jersey Stockings are made Gernsey olim Servia IS distant 20 Miles from Jersey to whom it is much Inferiour in respect of Fertility and Largness but more commodious by reason of the safe Harbours It containeth 10 Parishes the Chief being St. Peters the Port or Haven and Market Town These Islands of Jersey and Gernsey lye both nigh unto Normandy and Bretaign and did in ancient time belong to the Dutchy of Normandy But Henry the First Overthrowing his Elder Brother Robert united the Dutchy of Normandy with these Isles to the Kingdom of England And altho' King John lost Normandy and Henry the Third took Money for it yet these Isles continued Faithful to England the possession thereof being a good Seisin of the whole
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such
of England by Letters Patent under the Great Seal Or in respect of some Infirmity or other urgent Occasions hath sometimes by Commission under the Great Seal of England appointed certain Lords of Parliament to represent his Person he being within the Realm The Patent of the Office of a Guardian of England reciteth his speedy going beyond Sea or in remotis or urgent Occasions and the Causes thereof Nos quod pax nostra tam in nostra absentia quam praesentia inviolabiliter observetur quod fiat communis Justitia singulis conquerentibus in suis actionibus querelis de fidelitate dilecti fidelis nostri Edwardi Ducis Cornub. Comitis Cestriae filii nostri primogeniti plenarie confidentes constituimus ipsum Custodem dicti Regni nostri ac locum nost um tenent ' in eodem Regno quamdiu in dictis transmarinis partibus moram fecerimus vel donec inde aliud duxerimus And this is that Capitalis Justiciarius mentioned in Magna Charta Cap. 1. when the King is extra Regnum with a Clause of Assistance But yet if any Parliament is to be holden there must be a Special Commission to the Guardian to begin the Parliament and to proceed therein But the Teste of the Writ of Summons shall be in the Guardian 's Name A Parliament was holden Anno 5 H. 5. before John Duke of Bedford Brother and Lieutenant to the King and Guardian of England and was summoned under the Teste of the Guardian or Lieutenant By Stat. 8 H. 5. Cap. 1. It was Enacted That if the King being beyond the Seas cause to summon a Parliament in this Realm by his Writ under the Teste of his Lieutenant and after such Summons of Parliament gone out of the Chancery the King arriveth in this Realm That for such Arrival of the same King such Parliament shall not be dissolved but the Parliament shall proceed without new Summons In 3 E. 4. a Parliament was begun in the presence of the King and prorogued until a further day and then William Archbishop of York the King's Commissary by Letters Patent held the same Parliament and Adjourned the same c. The Cause of the said prorogation was for that the King was enforced to go in person to Gloucestershire to Repress a Rebellion there The King's Person may be represented by Commission under the Great Seal c. as before is said to certain Lords of Parliament authorizing them to begin the Parliament Both the Guardian and such Commissioners do sit on a Form placed near the Degrees that go up to the Cloth of Estate Coke's 4th Inst Cap. 1. fo 6 7. To the Court of Equity in the Exchequer-Chamber BY the Statute of 33 Hen. 8. Cap. 39 the Judges of this Court have full Power and Authority to discharge cancel and make void all and singular Recognizances and Bonds made to the King for Payment of any Debt or Sum of Money or for performance of Conditions c. upon shewing the Acquittance c. or any Proof made of Payment and performance also to cancel and make void by their Discretion all Recognizances made for any Appearance or other Contempt And that if any Person of whom any such Debt or Duty is demanded alledge plead declare or shew in the said Court sufficient Cause and Matter in Law Reason and good Conscience in Barr or Discharge of the said Debt or Duty and the same Matter sufficiently prove in the said Court then the said Court shall have Power and Authority to judge and allow the said Proof and clearly acquit and discharge such Person and Persons Also Lands chargeable to the King's Debts in the Seisin and Possession of divers and sundry Persons the same shall be wholly and intirely and in no wise severally liable to the payment of the said Debt and Duty But in the said Act of 33 Hen. 8. All manner of Estate Rights Titles and Interests as well of Inheritance as Freehold other than Joyntures for Term of Life are excepted J. S. holdeth Lands of the King by Fealty and yearly Rent and maketh a Lease thereof for Years to A. B. pretends that J. S. leased the same to him by a former Lease Albeit there is a Rent issuing out of these Lands to the King yet neither A. nor B. can sue in this Court by any priviledge in Respect of the Rent for that the King can have no prejudice or Benefit thereby For whether A. or B. doth prevail yet must the Rent be paid And if this were a good Cause of Priviledge all the Lands in England holden of the King by Rent c. might be brought into this Court. But if Black-acre be extended to the King for Debt of A. as the Lands of A. and the King leaseth the same to B. for Years reserving a Rent C. pretends that A. had nothing in the Land but that he was seized thereof c. this Case is within the Priviledge of this Court for if C. prevail the King loseth his Rent The King maketh a Lease to A. of Black-acre for Years reserving a Rent and A. is possessed of a Term for Years in White-acre the King may distrain in White-acre for his Rent Yet A. hath no Priviledge for White-acre to bring it within the Jurisdiction of this Court Some are of Opinion that a Court of Equity was holden in the Exchequer-Chamber before the Stat. of 33 Hen. 8. And then it must be a Court of Equity by Prescription for we find no former Act of Parliament that doth create and establish any such Court And if it be by Prescription then Judicial Presidents in Course of Equity must guide the same As to the Jurisdiction certain it is that there hath been of ancient time an Officer of the Exchequer called Cancellarius Scaccarii of whom amongst other Officers of the Exchequer Fleta saith thus Officium vero Cancellarij est Sigillum Regis custodire simul cum controrotulis de proficuo Regni And the Mirror saith Perjure est per la ou il fuit Chancellor del Exchequer vea a tiel a fair luy Acquittance de tant que avoit payè al Eschequer de la deit le Roy south le Seal del Exchequer ou delay faire Acquittance de tiel jour tanque a tiel jour c. His ancient Fee is 40 Marks Livery out of the Wardrobe 12 l. 17 s. 4. d. in toto 39 l. 10 s. 8 d. See 15. Hen. 8. Cap. 16. The Exchequer hath a Chancellor and Seal and the Writs usual in the Chancery in the Exchequer to seize Lands are more ancient than Praerog Regis Hereunto it is collected that seeing there hath been timeout of mind a Chancellor of the Exchequer that there should also be in the Exchequer a Court of Equity In Rot. Par. 2 Hen. 4. we find a Petition of the Commons That no Writs or Privy Seals be sued out of the Chancery Exchequer or other place to any Man to appear