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.
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.
Sessions continueth till a Prorogation or Dissolution And the difference between an Adjournment and Prorogation is that after an Adjornment all things stand as they did before but after a Prorogation alâ— former proceedings not passed the Royal assent are made null and void When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgmenâ— given then it is no Sessions but a Convention Co. 4 Inst 28. A Bill was preferred An. 6 Hen. 6. that none should Marry the Queen Dowager of England without license and assent of the King on pain to lose all his Goods and Lands The Bishops and Clergy assented by content so far as the same swerved not from the Law of God or of the Church and so far as the same imported no deadly Sin The Act of Parliament is holden good and absolute for that the assent of the Clergy could not be conditionally neither was it against the Law of God c. as appears by Magna Charta cap. 7. Confirmed by 32 Acts of Parliament Co. 4 Inst fo 35. Of this Court it is said Si Antiquitatatem spectes est Vetustissima si Dignitatatem est Honoratissima si Jurisdictionem est Capacissima Fortescue Huic nec metas rerum nec tempora pono Virgil. King Henry the Eighth commanded Thomas Earl of Essex to attend the Chief Justices and know Whether a Man that was forth-coming might be attainted of Treason by Parliament and never called to answer The Judges answered It was a dangerous Question and that the High Court of Parliament ought to give Examples to Inferiour Courts for proceeding according to Justice and no Inferiour Court could do the like and they thought the High Court of Parliament would never do it But being by express Commandment of the King pressed by the said Earl to give a Direct Answer they said That if he be attainted by Parliament it could not come in question afterwards whether he were called or not called to Answer which was according to Law Altho' they might have made better Answer since by Magna Charta no Man ought to be condemned without being called to answer But Facta tenent multa quafieri prohibentur By ancient Law when any one was to be charged in Parliament with any Crime Offence or Misdemeanour The King's Writ was directed to the Sheriff to summon and enjoyn the Party to appear before the King in the next Parliament or otherwise it may be directed to the party himself as appean by the Writs King Henry the Eighth being in Convocation ackowledged Supream Head of the Church of England thought it no difficult matter to have it confirmed by Parliament but was secretly desirous to have the Impugners of it incur High Treason but having little hope to effect that concerning High Treason sought to have it pass in some other Act by words closely couch'd and therefore in the Act for Recognition of his Supremacy the Title and Style thereof is annexed to the Crown Afterwards by another Act whereby many Offences are made High Treason It is amongst other things Enacted That if any person or persons by Word or Writing Practise or Attempt to deprive the King or Queen or their Heirs apparent of their Dignity Title or Name of their Royal Estates should be adjudged Traytors Whereupon many were put to death The Will of Richard the Second whereby he gives Money Treasure c. to his Successors upon condition that they observe the Ordinances and Acts made at the Parliament in the 21th year of â—is Reign is adjudged void it being in â—estraint of the Sovereign Liberty of his Successors And it is a certain Maxim That Leges posteriores priores â—ontrarias abrogant The Acts of Parliament or Petition of Right may be Inrolled in any or all â—ther Courts of Record Every Member ought to come or â—e may be Fined and the Sheriff if he â—ake not due Return of all Writs may â—e punished King Henry the Eighth projected in Parliament No King or his Kingdom could be safe without Three Abilities First To be able to Live of his own and to be able to defend his own Kingdom Secondly To assist his Confederates else they would not assist him Thirdly To reward his well deserving Servants Now the Project was That if the Parliament would give all Priories Monasteries c That for Ever in time to come He would take care the same should not be converted to private use but employ'd to enrich hiâ— Exchequer for the purposes aforesaid To maintain 40000. Soldiers for strengthning the Kingdom The Subjects should not be burthened with Subsidies Loans c. That for 29 Lords of Parliament Abbots and Priors he would create 〈◊〉 Number of Nobles Now the Monasteries were given to the King but 〈◊〉 Provision for the Project made by thesâ— Acts only Ad faciendum populum thesâ— Possessions were given to the King anâ— his Successors to do therewith at his anâ— their own Wills to the pleasure of Alâ— mighty God and the honour and proâ—â— of the Realm Now observe the Catâ—strophe in the same Parliament of Henâ—â— the Eighth When the Opulent Priorâ— of St. John's of Jerusalem was given tâ— the King he demanded and had a Subsidy both of the Clergy and Laity And the like he had in the 34th of Henry the Eighth and in the 37th of Henry the Eighth And since the Dissolution of Monasteries he Exacted divers Loans and against Law received the same If the King by Writ call any Knight or Esquire to be a Lord of Parliament he may not refuse for the good of his Country The Fees of Knights of Parliament is Four shillings per diem Citizens and Burgesses Two shillings Coke's 4. Inst 46. The Parliament at Coventry Anno 6 Hen. 4. for that in the Writs it was Directed pursuant to the precedent Ordinance of the House of Lords That no Lawyer should be Elected It was called Indoctum Parliamentum and such Prohibition was Null and Void and the Ordinance afterwards Repeal'd The Sheriff of Bucks was Returned Knight for Norfolk and being afterwards served with a Subpoena pendente Parliamento had the priviledge of Parliament allowed him 1 Caroli Regis primi Judges are not to Judge of any Law Custom or Priviledge of Parliamenâ— they being more properly to be learneâ— out of the Rolls of Parliament Recordâ— and by Presidents and continual experience than by or from any Man Penn. Parliament from Parler la Ment 〈◊〉 called because every Member oughâ— sincerly Parler la Ment for the good 〈◊〉 the Common-wealth is the Highest anâ— most Honourable Court of Justice 〈◊〉 England consisting of the King thâ— Lord Spiritual and Temporal and thâ— Commons consisting of Knights Citizeâ— and Burgesses and in Writs and Judical Proceedings it is called Commâ—â— Concilium Regni Angliae It appeareth That divers Parliaments have beeâ— holden before and since the time of the Conquest which are in print and many more appearing in ancient Records anâ—
word Districtionem for Destructionem altering the sense of the Statute of Gloucester although but by one letter adjudged it was matter of substance and the Writ could not be amended Cokes 5 Rep. 45. Freeman's Case The Acts of 7 Hen. 7. and 3 Hen. 8. are perpetual Acts for the word King doth include all his Successors Cokes 6 Rep. 27. Case of Soldiers Althô the Statutes speak only of the Party yet Executors and Administrators shall take advantage of it Cokes 6 Rep. 80. Sir Edw. Phitton's Case Resolved in Englefield's Case That by tender of the Ring according to the Condition the Uses were void and the Estate vested in the Queen by force of the Attainder and of the Act 33 H. 8. Cokes 7 Rep. 15. In the case of the Prince the King's Charter having the Force of Parliament is sufficient in it self without any other Act for it is affirmed by Parliament by Stat. 9 H. 5. That it was agreed at the Parliament 11 Ed. 3. That the eldest Sons of the Kings of England were Dukes of Cornwal and that Dutchy should remain to them without being given else where Cokes 8 Rep. Case of the Prince from 25 to 29. In many cases the Common Law doth comptrol Acts of Parliament and sometimes shall adjudge them void For when an Act of Parliament is against common Right and Reason or repugnant and impossible to be performed the Common Law shall adjudge it void Cokes 8 Rep. 118. Dr. Bonham's Case and 128 129 Case of the City of London When an Act of Parliament maketh any Coveyance good against the King or other Person certain it shall not take away the Right of any other althô there be not any saving in the Act Cokes 8 Rep. Sir Francis Barington's Case 138. In case of Sentence of Deprivation of one and Presentment Institution and Induction of another after by relation of a General Pardon all are restored without Appeal or new Presentation Admission or Institution Cokes 9 Rep. Lord Sanchar's Case In an Act of Parliament misnaming of a Corporation when the express meaning appeareth shall not avoid the Act no more than in a Will Cokes 10 Rep 54 to 57. Case of the Chancellor of Oxford If an Act of Parliament were intended to Repeal a former Act it could not be by general and doubtful words Cokes 10 Rep 138. the Case of Chester Mills It cannot be intended that a Statute made by Authority of the whole Realm should do any thing against Truth Cokes 11 Rep. 14. Priddle and Napper's Case The Title of the Act is no part of the Act as the preamble is and Penal Statutes shall be taken by intendment to remedy mischiefs and suppress Crimes Cokes 11 Rep. 34. Powlter's Case Penal Statutes are to be followed chiefly in Informations strictly and in terminis according to the purview of the Act Cokes 11 Rep. 56. Dr. Forster's Case Where the Rule is Leges Posteriores priores contrarias abrogant countrarium est duplex Vide Cokes 11 Rep. 63. Dr. Foster's Case Statut ' Praerogativa Regis saith The King shall have Annum Diem Vastum which is as much as to say he shall have the Trees c. to his own disposition Cokes 11 Rep. 83. Levis Bowles's Case By Stat. 4. Ed. 3.14 A Parliament shall be holden once a year and oftner if need be By Stat. 36 Ed. 3.10 A Parliament shall be holden every year By Stat. 5 R. 2. Stat. 2.4 Every Person and Comminalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished and if the Sheriff doth not Summon them he shall be likewise amerced or otherwise punished as hath been used in times past What persons are to be Elected Knights Citizens and Burgesses to serve in Parliament the manner of their Election and Levying of their Expences and the divers Acts of Parliament for regulating their Elections you may see in the Statutes at large By Stat. 6 Hen. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-Ports shall depart from the Parliament without License of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book on pain to lose their Wages By Stat. 33. H. 8.21 The Kings Royal Assent by his Letters Patents under the Great Seal and Signed by his Hand and notified in his absence to the Lords and Commons assembled in the upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto By Stat. 12 Car. 2. cap. 1. It 's declared That the Parliament begun the 3d of November 16. Car. 1. is dissolved and that the Lords and Commons now sitting are the two Houses of Parliament notwithstanding any want of the Kings Writs of Summons or any other defect Stat. 16 Car. 2 cap. 1. The sitting and holding of Parliament shall not be intermitted above three years and now a new Parliament is to be called every Three years Stat. 6 W. M. Stat. 30 Car. 2. cap. 1. No Peer shall Vote make Proxy or Sit during any Debate in the House of Peers nor any Member of the House of Commons Vote or Sit there after their Speaker Chosen till they first take the Oaths of Allegiance and Supremacy and Subscribe and Repeat the Declaration in the Act mentioned between the hours of nine in the Morning and four in the afternoon at the Tables in the middle of the said Houses in a full House in such order as each House is called over for which Declaration and other Matters see the Statute at large But now those Oaths by late Acts are altered and others appointed in their stead Tbe Executive Power in Temporal Affairs A Brief account having been given of the Parliament in which is comprehended the Legislative power in Temporal Affairs We are next to consider the Executive power in the same and that is generally in the King he being the Fountain of Justice and Lord Chief Justice of Englaâ—d and because he is Caput Principium Finis Parliamenti by which the Laws are made and nothing can have the force of Law without his consent given in Parliament by Le Roy le veut therefore All the Laws of England are called the Kings Laws All the Courts of Judicature are called the Kings Courts And all the Judges of these Courts are called the Kings Judges And the High Court of Parliament being the Highest Court of Judicature all other Courts and Person in England are subject to it The Court of the High Steward of England HIs Stile is Seneschallus Angliae which word Seneschallus hath several Derivations yet as being applied to England it is properly derived from Sen that is Justice and Schale that is Governour or Officer that is Praefectus seu Officiarius Justitiae And this agreeth well with his Authority and Duty to proceed Secundum Leges Consuetudines Angliae This Office is very ancient and
was before the Conquest For in an ancient and Authentical Manuscript Intituled Authoritas Seneschalli Angliae where putting an Example of his Authority saith Sicut accidit Godwino Comiti Kanciae tempore Regis Edw ' antecessoris Willielmi Ducis Normandiae pro hujusmodi male gestis consilijs suis per Seneschallum Angliae adjudicatus forisfecit Commitivam suam In the time of the Conqueror William Fitz Eustace was Steward of England and in the Reign of William Rufus and Hen. 1. Hugh Grantsemenel Baron of Hinkley held that Barony by the said Office Of ancient time this Office was of Inheritance and appertained to the Earldom of Leicester as it also appeareth by the said Record Seneschalcis Angliae pertinet ad Comitivam de Leicester pertinuit ab antiquo That is that the Earldom of Leicester was holden by doing of the Office of Steward of England Other Records testified thaâ— it should belong to the Barony of Hinkley The truth is That Hinkley was parcel of the Possessions of the Earâ— of Leicester for Robert Bellomont Earâ— of Leicester in the Reign of Hen. 2 Married with Petronilla Daughter and Heir of the said Hugh Grantsemenel Baron of Hinkley and Lord Steward oâ— England and in her right was Steward of England And so it continued until by the Forfeiture of Simon Montford it came to King Hen. 3. who iâ— the 50th year of his Reign created Edmond his Second Son Earl of Leicester Baron of Hinkley and High Steward of England which continued is his Line until Henry of Bullinbrook Soâ— and Heir of John of Gaunt Duke oâ— Lancaster and Earl of Leicester who was the last that had any Estate of Inheritance in the Office of the Steward of England since which time it waâ— never granted to any Subject buâ— but only hac vice and the reason was for that the Power of the Steward of England was so transcendent that it was not holden fit to be in any Subjects hands For the said Record saith Es Sciendum est quod ejus Officium est supervidere regulare sub Rege immediatè post Regem totum regnum Angliae omnes Ministros legum infra idem Regnum temporibus pacis guerrarum c. and proceedeth particularly with divers exceeding High Powers and Authorities which may well be omitted because they serve for no present use And albeit their Power and Authority have been since the Reign of Henry the Fourth but hac vice yet is that hac vice limited and appointed As when a Lord of Parliament is Indicted of Treason or Felony then the Grant of this Office under the Great Seal is to a Lord of Parliament reciting the Indictment Nos considerantes quod Justitia est virtus excellens Altissimo complacens aeque prae omnibus uti volentes ac pro eo quod Officium Seneschalli Angliae cujus praesentia pro administratione justitiae executione ejusdem in hac parte facien requiritur ut accepimus jam vacat De fidelitate strenuitate provida circumspectione induâ—tria vestris plurimum câ—nfidenteâ— ordâ—nâ—vimus constituimus vos ex hac causa causis Seneschallum nostrum Angliae ad Officium illus cum monibus eidem Officio in hac parte debitis pertinentibus hac vice gerend ' accipiend ' exercend ' dantes concedentes vobis tenore praesentium plenam sufficientem potestatem authoritatem ac mandatum speciale indictamentum praedict ' c. So that it appeareth that this great Officer is wholly restrained to proceed only upon the recited Indictment And he to whom this Offic is granted must be a Lord of Parliament and his proceeding is to be Secundum Leges Consuetudines Angliae for so is his Commission And hereof you may read more at large in Coke's 3 Inst Chap. High Treason Also at every Coronation he hath a Commission under the Great Seal hac vice to hear and determine the Claims for Grand Serjeanties and other Honourable Services to be done at the Coronation for the solemnization thereof For which purpose the High Steward doth hold his Court some convenient time before the Coronation See a President hereof before the Coronation of King Richard the Second John Duke of Lancaster then Steward of England who in Claims before him was styled Tres Honourable Seignior Roy de Castile Leon Seneschalle d' Engleterre and held his Court in Alba Aula apud Westm die Jovis proximè ante Coronationem Quae quidem coronatio habita solemnizata fuit die Jovis sequente viz. 16 Julij Anno 1 Ric. 2. The first that was Created Hac vice for the Solemnization of the Coronation of Henry the Fourth was Thomas his second Son and upon the Arraignment of John Holland Earl of Huntingdon the first that was Created Steward of England Hac vice was Edward Earl of Devon When he sitteth by force of his Office he sitteth under a Cloth of State and such as direct their Speech unto him say May it please your Grace my Lord High Steward of England The style of John of Gaunt was Johannes filius Regis Angliae Rex Legionis Castellae Dux Aquitaniae Lancastriae Comes Derbiae Linconliae Leicestriae Seneschallus Angliae And in respect his Power before it was limited was so Transcendent no mention is made of this Great Officer in any of our ancient Authors the Mirror Bracton Britton or Fleta It seemeth they liked not to treat of his Authority neither is he found in any Act of Parliament nor in any Book Case before the 1st of Henry the Fourth and very few since which hath caused me to be the longer saith the Lord Coke in another place to set forth his Authority and due proceeding upon the Arraignment of a Peer of the Parliament by Judicial Record and Resolution of the Judges agreeable with constant Experience As the Peers of the Realm that be Tryors or Peers are not sworn so the Lord Steward being Judge c. is not sworn yet ought he according to his Letters Patents to proceed Secundum legem consuetudinem Angliae Co. 4. Inst. cap. 4. In Enditemene de Treason ou Felony verâ— un des Pieres del Realm le Tryal est per sâ—s Pieres quel maner de tryal in Appel nesâ— grauntable per que depuis que cel Trial per ses Pieres est le proper Trial que appertient al piere del Realm quant sur Enditement de Treason ou Felony il ad plead dâ—rien culpable Veions l'order proces dâ—cest Tryal Appiert An. 1. H. 4. fol. 1. An 13 H. 8. fol. 11. que quant un Seigniour del Parlement serra arraigne de Treason 〈◊〉 Felony dount il est endite Le Roy persâ—â— Letters patents ferra un graunde sagâ— Seigniour d'estre de grand Seneschaâ—â— d' Engleterre pour le jour de l'arraignment qui devant le dit jour ferra precept a son Serjaunt d'Arms qui
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
till it be discussed by the King's Council if that Matter ought and of right pertaineth to that Court Or otherwise to be Realm of England and also that they Purcease in the mean time For Tryal by Battel between the Lord Morley and the Earl of Sarum and divers others there cited See Coke's 4 Inst cap. 17. In an Appeal between Upton and Down 8 Hen. 6. after Battle joyned the King 's Writ out of the Chancery Issued to the Sheriffs of London as followeth REx c. Vic' London salutem Praecipimus vobis firmiter injungentes quod quasdam Listas Barras de Maremio fortes satis sufficientes pro quodam Duello inter Joh. Upton Appellantem Johan ' Downe Defend ' Secundum Legem Armorum die Lunae prox ' futur ' apud Westsmithfield in Suburb ' Civitatis praed ' Deodanti perficiend ' contra diem praed ' nostris Sumptibus Expensis erigi construeri fieri fac ' in Omnibus prout in Ultimo Duello ibidem facto fact fuer ' quod terra inter Listas praed ' cum sabulo sufficienter Equalitter cooperiatur Ita quod aliqui Lapides Grandes aut arena infra easdem Listas minime inveniantur quovis modo Et de omnibus singulis paecuniarum Summis quas circa praemissa aplicaveritis nos vobis in computo vestro ad Scaccarium per praesens madatum nostrum debitam allocationem habere faciemus c. And by a French Manuscript Intituled Modus faciendi Duellum Coram Rege Bone Foy Droit Ley de Armes voet quel Apellant encourge mesme peyne que le Defendant deveroit sil soit Convicte discomfit And this seemeth to be consonant to the Law of God Deut. 19 18. They proceed according to the Customs and Usages of the Court and in cases omitted according to the Civil Law Secundum Legem Armorum and therefore upon Attainders before the Constable and Marshal no Land is Forfeited or corruption of Blood wrought It was resolved in the Reign of Queen Eliz. in the Case of Sir Francis Drake who struck off the Head of Dowty in Partibus transmarinis That his Brother and Heir might have an Appeal Sed Regina noluit constituere Constabularium Angliae c. ideo dormivit Appellum The Proceeding and Sentences here is upon Witnesses or Combat and not by Jury and after Sentence in this Court in Case of Arms the party grieved may Appeal to the King What Judgment shall be given when either party is vanquished and when Tryal by Battel shall be for things within the Realm before the Justices of the King's Bench or Common Pleas Vide Coke's 4 Institutes cap. 17. Crompton's Jurisdiction of Courts Fol. 82. The effect of the Grant of the Office of Constable is in few words Officium Constabularij Angliae unacum Omnibus Feodis proficuis comditatibus Emolumentis quibuscunque Offico praedicto qualitercunque pertinentibus ab antiquo debitis consuetis And now as in some respects incident to this Court as being created by the Earl Marshal we shall in the next place speak somewhat of The Colledge of Heralds OF this Collegiate Society are Three Stiled Reges Armorum Anglorum Kings at Arms the principal of which is called Garter Instituted by King Henry the 5th whose Office is to attend the Knights of the Garter at their Solemnities To Advertise them of their Election And to call them to be Installed at Windsor To cause their Arms to be hung upon their Seats there To carry the Garter to Kings and Princes beyond Seas for which purpose he was wont to be joyned in Commission with some principal Peer of the Realm and to Marshal the Solemnities and the Funerals of all the Higher Nobility of England The next is Clarencieux So called from the Duke of Clarence to whom he first belonged which Dukedom Escheating to King Edw. the 4th by the Death of his Brother George Duke of Clarence he made this Herald a King at Arms and named him Clarencieux in French and Clarentius in Latin His Office is to Marshal and dispose the Funerals of the Lesser Nobility as Baronets Knights and Gentlemen on the Southside of Trent and therefore sometimes called Surroy or Southroy And then Norroy or Northroy whose Office is to do the like on the Northside of Trent And these Two last are called Provincial Heralds These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms and Ensigns and with Garter to direct the Heralds And next are the Six Heralds anciently belonging to Dukes have been sometime named Dukes at Arms and are thus called and ranked Windsor Richmond Chester Sommerset York and Lancaster Their Office anciently was to attend Dukes in Marshal Execution now to wait at Court attend publick Solemnities Proclaim War and Peace c. And perhaps named Heralds from the German Here and Healt that is The Armies Champion to denounce War or offer Peace as the Feciales of the Romans did These wait by turns upon the Kings at Arms and have part of their Fees And of these antiently were many as likewise of Pursuivants But now there are but Four Pursuivants named Rouge Crosse Rouge Dragon Portcullice and Blewmantle from such Badges heretofore worn by them as is throught These King's Heralds and Pursuieants were anciently Crowned and had their Creation from the Kings Hand But of later times the Earl Marshal hath had a Commissions for every particular Creation by Letters Patents The manner whereof you may see in the Present State of England They were incorporated by King Richard the 3d and afterwards had another Charter of Priviledge by King Edward 6th in the Third year of his Reign The Duty of the whole Colledge is to Marshal and Order Coronations Marriages Christnings Funerals Interviews Feasts of Kings and Princes Cavalcades Justes Tournaments Combates before the Constable and Marshal c. Also they take care of the Coats of Arms of the Genealogies of the Nobility and Gentry and whatsoever concerns Honour is their Care and Study They are Tanquam sacrorum Custodes Templi Honoris Aeditui All these receive Annual Stipends out of the Exchequer Are all to be Gentlemen at least and the Six Heralds at their Creation are expresly made Esquires by the King When Capias or Exigent are awarded against a Peer or Baron he may have a Writ to command that they Sue out no other Process against him than what they ought to have against Lords and Great Men which come to the Parliament by the ancient Laws and Customs of England Edmond Dein Court of Langley in Com' Lincoln ' By Letters Patents from Ed. 2. had License to Assign his Surname Arms and Possessions which 19 E. 2. he accordingly did But the Lord Hoc Tempore Edw. 4th Granting his Name Arms and Dignity over without the King's License the same was in Parliament adjudged void
The Grant of Earl Marshal of England by Letters Patents of Rich. the 2d and other Grants thereof you may see more at large Coke's 4 Institutes cap. 17. The Maritime Power of England ALL the King 's Maritime Forces are under the Command of the Lord High Admiral of England so called from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek that is Praefectus Marinis A compound word from the Eastern Empire introduced into England after the Wars in the Holy Land by King Richard or King Edward the first His Patent was antiently Angliae Hiberniae Acquitaniae Magnus Admirallus But now it is Angliae Hiberniae Dominiorum Insularum eorundem Villae Calesiae Marchiarum ejusdem Normandiae Gasconiae Acquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum And this Office for the Great Trust and Honour is usally given to the King 's younger Son near Kinsman Or one of the Principal Nobility He hath power to Commissionate a Vice-Admiral a Rear-Admiral All Sea Captains And also Deputies for particular Coasts Coroners Commissioners and Judges for the Court of Admiralty to Imprison Release c. and sometimes to confer Knighthood on such as deserve it at Sea To him by Law and Custom belong Penalties and Amerciaments of Transgressors at Sea on the shore in Ports and from the first Bridge on Rivers towards the Sea Also the Goods of Pirates Felons or Capital Faulters condemned Outlawed or Horned All Waifs Strays Goods Wrecks of Sea Deodands a share of lawful Prizes Lagon Jetsam and Flotsam that is Goods lying in the Sea on the Ground Goods Floating on the Sea and Goods cast by the Sea on Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea-Hogs and others of Extraordinary bigness called Royal Fishes Except Whales and Sturgeons To the Crown of England belongs the Sovereignty of the Narrow-Sea round the Island of Great Britain whereof by Ancient Right it hath had Possession in all times and King Edgar stiled himself Sovereign of the Narrow-Seas In Testimony whereof the Swedes Danes Hollanders c. were wont to aske leave to pass the British-Seas and to take Licenses to Fish therein And to this day Strike Sail to all the Ships of War belonging to the King of England as oft as they pass by any of them thereby acknowledging his Sovereignty according to an Ordinance made at Hastings in Sussex by King John about 450 years ago To maintain this Right Protect Trade and Defend their Kingdoms The Kings of England have Ships of War for Strength Beauty and Sailing Surpassing all other in the World of these such as Ships then were King Edgar is said to have 3600 And the late King Charles had 7 of the First Rate 9 of the Second Rate 22 of the Fifth and 18 of the Sixth Rate besides 30 Fireships and several Small Vessels for Tenders and Victuallers The Royal Sovereign Built by King Charles the first 1637 being of the First Rate was in Length by the Keel 127 Foot in Breadth by the Beam 47 Foot in Depth 49 Foot her Draught of Water 21 Foot Burthen in all 2072 Tunns and 1492 Tunns besides Guns and Tackle hath 6 Anchors the biggest 6000 l. weight and the least 4300 l. weight 14 Cables the greatest 21 Inches compass and weighs 9000 l. weight the least 8 Inches compass weighing near 1300 l. weight 18 Masts and Yards the Main Mast 113 Foot long and 38 Inches Diameter the Main Yard 105 Foot long and 23 Inches Diameter and her Main Top 15 Foot Diameter Had 10 several sorts of Sails Her greatest called the Main Course contained with her Bonnet 1640 yards of Canvas Ipswich double The least called the Foretop Gallant Sail 130 yards of Canvas The compleat suit cost 404 l. The weight of Sea store in point of Ground Tackle and other Cordage 60 Tuns 800 and odd Pounds Shee carried a Long boat of 50 Foot a Pinnace of 30 Foot and a Skiff of 27 Foot long The weight of her Rigging 33 Tun She hath 3 Tires of Guns 44 in the Upper 34 in the Second and 22 in the Lower Tire in all 100 Guns She carried Officers Soldiers and Mariners in all 850 Men. The charge for Victuals Ammunition Wages Wear and Tear every Month at Sea costs 3500 l. The Charge of Building a First Rate Ship with Guns Tackle and Rigging doth usually amount to 62432 the lesser Rates Charge is proportionable A Second Rate carries from 56 to 80 Guns A Third Rate from 58 to 70 Guns A Fourth Rate from 40 to 60 Guns A Fifth Rate from 24 to 32 Guns A Sixth Rate from 6 to 18 Guns The Lord High Admiral may fitly be reputed Vice-Roy of the Maritime Kingdom of England Nam in Mari sunt Regna distincta idque Jure Gentium sicut in arida Terra The Vice-Admiral is an Officer to whom next under the High Admiral it belongs to see the Royal Navy kept in good Repair The Wages of Mariners and Shipwrights duly paid and the Ships provided of all things necessary The Lord High Admiral doth appoint in divers parts of the Kingdom Vice Admirals with their Judges and Marshals by Patent under the Great Seal of the Admiralty These do Exercise Jurisdiction in Maritime Affairs within their Limits and if any be aggrieved by their Sentence or Decree he may Appeal to the High Court of Admiralty and of these round the Coasts are about 22 in England and Wales The Lord High Admiral hath Courts for the Maritime Affairs whereof the Principal is at London and called The Court of Admiralty IN this Court Erected as some hold by Edward the Third The Lord Admiral hath a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law Because The Proceeding is in all Civil Matters according to the Civil Law The Sea being without the Limits of the Common Law and by Libel they Proceed to the Action the Plaintiff giving caution to prosecute the Suit and to pay what shall be adjudged against him if he fail therein The Defendant also giving Security or Caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratify whatever his Proctors shall do in his name Besides the Civil Law The Laws of Rhodes and Oleron are here used The former for their Excellency being Incorporated into the Volumes of the Civil Laws And Oleron being an Island in the Bay of Aquitain belonging to the Crown of England King Richard the first there Compiled such Excellent Laws for Sea Matters that in the Ocean Sea Westward they had almost as much Repute as the Rhodian Laws in the Mediterranean and these Laws were called La Rool de Oleron Many Statutes and Ordinances were made by King Edward the Third and other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and
Messina yet that Fragment of the Rhodian Law still extant holds the Preeminence in Maritime Affairs The Customs and former Decrees of the English Court of Admiralty are there of Force for deciding Controtroversies And under this Court there is also A Court of Equity for determining Differences between Merchant and Merchant In Criminal Affairs which is most commonly about Piracy The Proceeding in this Court was by Accusation and Information by a Man 's own Confession or by Eye witnesses he was found Guilty before he could be Condemned But that being found inconvenient there were two Statutes made by King Henry the Eighth that Criminal Affairs should be Tried by Witnesses and Jury and that by Special Commission from the King to the Lord High Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes as is herein after mentioned Between the Common Law of England and the Civil Law there seems to be Divisum Imperium For in the Sea so far as the Low Water mark is counted Infra Corpus Comitatus adjacentis and Causes there arising determinable by the Common Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea Flows over Matters done between the Low Water mark and the Land as appears in Hen. Constables Case Coke's 5 Rep. fol. 107. But for these Limitations and Jurisdictions of the Court of Admiralty see the Statutes above mentioned And the Statute of 13 R. 2. 15 R. 2. 27 Eliz. cap. 11. Coke's 4 Inst cap. 22. And for regulating his Majesties Navies Ships of War and Forces by Sea Vide le Statute of 13 Car. 2. cap. 9. And now as pertinent hereunto we shall say somewhat of The Navy Office THe Treasurer is to Receive out of the Exchequer by Warrant from the Lord High Treasurer of England and pay all charges of the Navy by Warrant from the principal Officers of the Navy his Salary is 220 l. 13 s. 4 d. besides 3 d. in the pound of all Moneys paid by him The Comptroller of the Navy who is to Attend and Comptrol all Payment of Wages To know the Market Rates of all Stores belonging to Shipping To Examine and Audit all Treasurers Victuallers and Store-keepers Accompts c. his Salary 500 l. per Annum The Surveyor of the Navy whose Office is generally to know the State of all Stores and see the wants supplied to find Hulls Masts and Yards and Estimate the value of Repairs by Indenture to charge all Boat-swains and Carpenters of his Majesties Navy with what Stores they receive and at the end of each Voyage to State and Audit their Accompts his Salary 490 l. The Clerk of the Acts is to Record all Orders Contracts Bills Warrants and other Transactions by the Principal Officers and Commissioners of the Navy The Commissioners of the Navy whose Office is as above specified and Salary to each is 500 l. yearly Two other Commissioners to be at Portsmouth and Chatham always in readiness to give Orders for better Management of his Majesties Affairs in his Yards and Store-houses Salary to each 350 l. Each of these Officers above-named have Two Clerks and some more all paid by the Treasurer of the Navy All hold their Places by Patent from the King and most of them during pleasure The King hath for his Navy Royal and Stores Four Great Yards or Store-Houses viz. at Chatham Deptford Woolwich and Portsmouth where his Ships are built Repaired and Laid up after their Voyage In which Yards are employed Divers Officers of which Six are principal The Clerk of the Check Salary about 180 l. per Annum Store-Keepers Salary 286 l. per Annum Master Attendants Two at Chatham 100 l. per Annum Master Shipwright Salary about 113 l. per Annum Clerk of the Comptooll 100 l. per Annum Clerk of the Survey 140 l. per Annum The Charges of their Clerks and Instruments are included in their Salaries His Majesty hath Divers Rope-Yards as at Chatham Deptford VVoolwich and Portsmouth where are made the Cable and Cordage for his Navy In time of War the King hath a Yard at Harwich where out of War is continued An Officer at 100 l. yearly This whole Navy Office is govern'd by The Lord Admiral whose Lieutenant Admiral hath Salary 20 s. per diem and 10 l. per Mensem for each Servant whereof he is allowed 16. The Lord Admiral 's Secretary hath a Salary from the King of 500 l. per Annum All the Under Officers as well those in Yards as those belong to Ships hold their Places by Warrant from The Lord High Admiral of England The Ordinary Charge of the King's Navy in time of Peace is scarce 70000 l. per Annum besides the Building of Ships Setting out Fleets c. which some years even in Peaceable Times amounts to 12 or 1300000 l. more as may easily be computed The Court of Commission by force of the Statute of 28 H. 8. cap. 15. THis Court must be held coram Admirallo Angliae seu ejus Locum tenente and Three or Four such other substantial Persons as shall be Named by the the Lord Chancellor Their Jurisdiction is to hear and determine all Treasons Felonies Robberies Murders and Confederacies committed or done upon the Sea c. These Offences shall be heard and determined according to the Common Law and therefore some of the Judges of the Realm are ever in Commission The Mischief before making this Statute you may see Co. 3 Inst cap. Piracy Vide Co. 4 Inst The Port Courts A Port-Mote is a Court kept in Haven Towns or Ports and thereof taketh his Name Curia Portus Portus à portando Est locus in quo Exportantur Importantur Merces and they are Portae Regni The Gates of the Realm Hitha and Heda often in Doomsday is taken for a Haven or Port anciently written Hafne and now Haven and hereof cometh Queen-Hith in London and Lambhith Every Haven is within the Body of the County whereof see more in Coke's 4th Institutes Court of Admiralty and the Statute of 43 Eliz. cap. 15. Commissioners and others for Beacons Signs of the Sea Light-Houses Sea-Marks and concerning Watches BEacon is from the Saxon Bechan which is Signum dare and we use the word to Becken at this day Before Edward the Third they set Stacks of Wood in High Places but in his time Pitch Boxes as now they be were set up and this is properly called a Beacon Light-Houses Ignes Speculatorij seu Lumen Maritimum are properly to direct Sea-faring Men in the Night when they cannot see Marks and these also Signa speculatoria sui Pharus unde Versus Lumina Noctivagae tollit Pharus aemula Lunae Sea-Marks as Steeples Churches Castles Trees and such like for direction of Seafaring Men in the Day time are called signa Marina or Speculatoria or signa Nautis whereof Virg. 5 Aeneis Hic
viridem Aeneas frondenti ex ilice Metam Constituit signum Nautis pater unde reverti Sciverit longos ubi circumflectere Cursus At the Common Law none could Erect any of these Three but the King It being done ever by the King's Commission under the Great Seal But of later times by Letters Patents to the Lord Admiral he hath power to Erect the same By the Act of 8 Eliz. the Master Wardens and Assistants of Trinity-House of Deptford Stroud a Company of the chiefest and most expert Masters and Governours of Ships shall and may lawfully from time to time at their will and pleasure and at their costs Make Erect and Set up such and so many Beacons Marks and Signs for the Sea in the Sea-shoars and Upland places near the Sea-coasts or Forelands of the Sea only for Sea Marks as to them shall seem most meet whereby the Dangers may be avoided and Ships the better come to their Ports And all such beacons Marks and Signs so by them to be Erected shall be continued renewed and maintained from time to time at the Costs and Charges of the said Master Wardens and Assistants If any cut down c. any Beacon c. by the Statute of 8 Eliz. 13. he shall incur the Penalty therein mentioned which if he be not able to pay he shall be ipso facto convict of Utlawry Vide Coke's 4. Inst. cap. 25. The Transcript of a Manuscript Ordination which hath been observ'd for Watch to be kept in the County of Norfolk from Lyme to Yarmouth and it is very probable the like hath been done by like Authority in other Maritime Counties Vide Stat. 5 H. 4. cap. 3. Watches to be made in the Sea Coasts in places of Danger through the Realm by the Number of People and in manner they were wont to be made in times past De Conservatore Treugarum i. e. Induciarum Salvorum Regis Conductuum BY 2 H. 5. Conservatorum Induciarum salvorum Regis conductuum was Praised and Appointed in every Port of the Sea by Letters Patents His Office was to Inquire of all Offences done against the King's Truces and fafe Conducts upon the Main Sea out of the Counties and out of the Liberties of the Cinque-Ports as Admirals of Custom were wont It concerns the Jurisdiction of divers Courts especially the Court before-mentioned upon the Statute of 28 H. 8. and of the Court of Admiralty to know the Rights of Leagues and Ambassadors as far as the Laws of England Extend unto All Leagues or Safe Conducts are or ought to be of Record Inrolled in Chancery that the Subject may know who may be in Amity with the King and who not who be Enemies and can have no Action here and who in League and may have Actions Personaâ— here In all Treaties the Power of the one and the other ought to be Equal A League may be broken by Levying of War or by Ambassador or Herald Bryan 19 E. 4. held if all the Subjects in England would make War with a King in League with the King of England without the Assent of the King of England yet such a War was no breach of the League See 2 H. 5. cap. 6. in the Preamble But in the Duke of Norfolk's Case 14 Eliz. the Question was Whether the Lord Herise and other Subjects of the King of Scots who without his Consent had wasted and burnt divers Towns in England and Proclaimed Enemies were Enemies in Law within the Statute of 25 E. 3. the League being between the King and Scotland and Resolved they were Enemies And in the Bishop of Rosse's Case Anno 13 Eliz. The Question being An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati Privilegiis gaudeat non ut Hostiis Poenas subjaceat and Resolv'd he had lost the Priviledge of an Ambassador and was subject to Punishment Ambassadors were called Orators afterwards Legati à legando Nuntij à nâ—nciando and afterwards Ambassiatores or Embassatories and sometimes Agents For Omnis Legatus est Agens sed Omnis Agens non est Legatus In Sam. Palach's Case 12 Jac. 1. affirming himself to be Ambassador of Mula Sedan King of Morocco mentioned Coke's 4 Inst. cap. 26. It was Resolv'd there could be no Ambassador without Letters of Credence from his Sovereign to another who had Sovereign Authority and although in his Letters of Credence he be termed an Agent or Nuntius yet in such Case he is Ambassador or Legate And it was likewise Resolv'd That Ambassadors ought to be Free and Safe in every place by the Law of all Nations yea although they be Ambassadors of our Enemies or a Banish'd Man be sent to the place from whence he is banish'd And in the Case of Cardinal Poole fled to Rome from Henry the Eighth the Pope sent him Ambassador to the French King the King of England Demandeth him as a Traytor from the King notwithstanding he was sent Ambassador sed non praevaluit But if a Sovereign Ambassador being Prorex committeth here any Crime which is contra jus Gâ—ntium as Treason Murder Adultery c. he may be punished as another private Alien and not remanded to his Sovereign but of Courtesie And so of Contracts that be good Jure Gentium he must answer here but if any thing be Malum prohibitum by an Act of Parliament Private Law or Custom of this Realm which is not Malum in se Jure Gentium nor contra Jus Gentium an Ambassador residing here shall not be bound by them but otherwise it is of the Subjects of either Kingdom Vide Information upon the Statute of 19 H. 7. cap. 1. Coke's 4 Inst. cap. 26. concerning Prohibited Goods brought hither See more in Palach's Case Where one may not be Indicted of Piracy for taking the Goods of the Subjects of an Enemy Prince solo Amici and where The Court of Admiralty shall have the Jurisdiction and where not And now a word or two concerning Leagues of which are four kinds I. Foedus Pacis and that a Christian Prince may have with an Infidel Si fieri possit quod ex vobis est cum omnibus hominibus Pacem habeatis 2. Foedus Congratulationis sive Consolationis And this a Christian Prince may make with an Infidel as David did with Hanon I Chron. 19.2 3. Foedus Commercij sive Commutationis Mercium And this also may be made with an Infidel as King Solomon did with Hiram and Joshua did with the Gibeonites 4. Foedus Mutuâ— Auxilij And this cannot be done with an Idolater Jehosaphat King of Judah made Foedus mutui auxilij with Ahab King of Israel an Idolater For Ahab said to Jehosaphat Veni mecum in Ramoth Gilead cui ille respondet Ut ego tu sicut populus tuus sic populus meus tecum erimus in Bello In which War Ahab was slain and Jehosaphat in extream danger But seeing Foedus Pacis and Foedus
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
Archiepiscoporum meorum hanc meam munificentiam signo meo corroboravi ✚ Ego Alfrye Regina consensi Signo Crueis confirmavi Ego Dunstan Archiepiscopus Dorobor ' Ecclesiae Christi consensi subscripsi ✚ Ege Osticel Archiepiscopus Eboracenses Ecclesiae consensi subscripsi Ego Alferic Dux Ego Buthnod Dux Ego Arigdary Dux And what Ecclesiastical Jurisdiction the Archbishop of Canterbury had in Ireland in ancient time before it was Subject to the Crown of England you may read in Cambden's Britannia p. 735 765. as namely in the Consecration and Confirmation of their Bishops by reason of his Primacy in Ireland Co. 4 Inst 360. King Henry the Second at a Parliament holden at Oxford Created his Son King John King of Ireland But succeeding Kings wrote themselves Domini Hiberniae till 33 Hen. 8 in which year he took upon himself the Style of King of Ireland being so Declared at a Parliament in Dublin Coke's 4 Inst 360. Certain it is that whilst the Liberal Sciences in Europe lay Buried in Darkness their Lustre did shine forth clearly in Ireland Thither did our English Saxons repair as to a Mart of good Literature whence of the Holy Men of those times we often read Amandatus est ad Disciplinam in Hiberniam Co. 4 Inst 360. In the Book of Magna Charta is an Ordinance for Ireland concerning divers Matters Entituled Ordinatio pro statu Terrae Hâ—berniae By the Statute of 17 Ed. 1 cap. 1. The King's Officers in Ireland shall purchase no Land there without the King's License King's Officers in Ireland shall make no Purveyance there but by Writ out of Chancery there or in England and that in time of Necessity only and by the Advice of the Council there All kind of Merchandizes may be Exported out of Ireland except to the King's Enemies and if any Officer restrain them he shall satisfie double Damages to the party grieved and be also punished by the King The Fees for every Bill of Grace in Ireland under the Seal of the Justice there shall be Four pence for the Bill and Two pence for the Writing thereof The Marshals Fee for a Prisoner when he shall be Delivered is Four pence No Pardon of the Death of a Man or other Felony or for flying for the same shall be granted by the Justices there but only at the King's Command and under his Seals No Officers there shall receive any Original Writ which is not Sealed by the Seal of Ireland or by the Exchequer Seal there of things concerning that Court. The Justices of Ireland shall not Delay or Adjourn Assize of Novel disseisin there save only in the County where he is and while he shall remain there By the Statute of 34 Ed. 3.17 all kind of Merchandize may be Exported and Imported out of and into Ireland as well by Aliens as Denizens Persons who have Lands and Possessions in Ireland may freely Import and Export their Commodities thither and from thence without Impeachment By the Statute of 1 Hen. 6.3 all Irish Men shall avoid the Kingdom except Graduates Beneficed Men Lawyers having Inheritance in England and English Parents Religious Persons Professed Merchants Burgesses and other Inhabitants of good Fame and Persons Married in England and all they shall find Surety for their Good Behaviour No Irish Man shall Inhabit here in the Universities or elsewhere without a Testimonial under the Seal of the Lieutenant or Justices of Ireland Testifying that he is of the King's Obeysance to be Delivered to the Chancellor here in pain to be punished as a Rebel No Irishman shall be Head or Governour of any Hall or House By the Statute of 2 Hen. 6.8 Irishmen coming to live in England shall give Surety for their Good Behaviour viz. in the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other Liberties to the Head Officers respectively By the Statute of 16 17 Car. 1.30 an Act for a speedy Contribution and Loan towards the Relief of the King 's Distressed Subjects of the Kingdom of Ireland See the Statutes at large An Act for the Speedy and Effectual reducing of the Rebels in Ireland to their due Obedience to the King and the Crown of England and certain other Additional Acts were made for the same purpose and for the Sale of Forfeited Lands there By the Statute of 32 Car. 2. cap. 2. The Act made 18 Car. 2. Entituled An Act against Importing Cattle from Ireland and other parts beyond the Seas and Fish taken by Foreigners is revived and Power given not only to Constables and Officers but to every Person whatsoever in any place whatsoever to take and seize the Cattle and Goods Imported contrary to the said Act And that such Seizer shall have the Benefit given by this Act. The other Acts concerning Ireland made in England and the divers Acts made in Ireland you may see in the Books of the Statutes of either Kingdom at large The Rule Quando duo jura concurrunt in una persona aequum est acsi in diversis holdeth not in Personal things that is when two Persons are necessarily and inevitably required by Law For no man can now say That the King of England can make War or League with the King of Scotland or King of Ireland c. there being but One Head of both and as Liegance of the Subjects of both Kingdoms is due to their Sovereign by one Law and that is the Law of Nature So there is a Union of Protection of both Kingdoms equally belonging to either of them altho' in other respects they are distinct Kingdoms For and Earl or Baron of Ireland is not a Peer or of the Nobility of this Realm as appeareth by the Book 8 R. 2. where in an Action of Debt Process of Outlawry was awarded against the Earl of Ormond in Ireland which ought not to have been if he had been Noble here But there is a diversity worthy of Observation for the highest and lowest Dignities are Universal For if a King of a Foreign Nation come into England by leave of the King as it ought to be in this case he shall Sue and be Sued by the Name of a King And a Knight shall be so named wheresoever he received that Dignity Co. 7 Rep. Calvin's Case If a King come to a Christian Kingdom by Conquest he having Vitae Necis potestatem may alter the Laws of that Kingdom at his pleasure but until such alteration the Ancient Laws of that Kingdom remain But if a a Christian King Conquer the Kingdom of an Infidel there ipso facto the Laws are abrogated and in that case until certain Laws be established the King by himself and such Judges as he shall appoint shall judge them and their Causes according to Natural Equity in such sort as Kings in ancient time did their Kingdoms before any certain Municipal Laws were given But if a King have a Kingdom by Title of
c. And for their Accompts and many other things as Estreat-Rules all Charters and Letters Patent whereupon any Rents are reserved to the King and formerly here were Two Secondaries and Ten other Sworn Clerks If any Clerk make Process for any Debt paid the Tallies whereof are joyned and allowed he shall lose his Office be Imprisoned c. He maketh Entry of Record of Sheriffs and Accomptants paying their proffers at Easter and Michaelmas and makes Entry of keeping their days of Prefixion The Green Wax is certified into his Office and by him delivered to the Clerk of Estreats All Accompts of Customers Comptrollers c. are here entred to avoid all delay and concealment The Clerk of the Pipe the Original Institution of whose Office was from a Conduit or Conveyance of Water into a Cistern For all Accompts and Debts to the King are drawn from and delivered out of the Offices of the Kings Remembrancer and Lord Treasurers Remembrancer c. and charged in the Pipe So as whatsoever is in charge in this Roll or Pipe is said to be duly in charge In the Patent of this Office he is called Ingrossator Magni Rot ' in Scaccario Here are under him Eight Sworn Clerks Here Accomptants have their Quietus est and Leases are made of Extended Lands Comptroller of the Pipe He writeth out Summons twice every year to the high Seriff to levy the Farms and Debts of the Pipe and keepeth a Comptrolment or Roll of the Pipe Office Accompts Clerk of the Pleas in whose Office all the Officers of the Exchequer and Priviledged Persons as Debtors to the King c. are to have their Priviledge to Plead and be Impleaded as to all matters at the Common Law And the Proceedings are accordingly by Declarations Pleas and Trials as at Common Law because they should not be drawn out of their Court where their attendance is required In this Office are Four Sworn Attorneys Foreign Opposer to whom all Sheriffs repair to be opposed of their Green-wax and from thence is drawn down a charge upon the Sheriff to the Clerk of the Pipe Clerk of the Estreats or Extracts is every Term to receive from the Office of the Treasurers Remembrancer all Debts or Sums to be levied for the King's use and to make Schedules for such Sums as are to be charged Auditors of the Imprest are Two who Audit the great Accompts of the King's Customs Wardrobe Mint First-fruits and Tenths Naval and Military Expences Moneys Impressed c. Auditors of the Revenue are Seven These Audit all the Accompts of the Kings other Revenue that ariseth by Aids Auditors of the Receipts is a kind of Filazer for he Files all Tellers Bills and Enters them Secondly He is a Remembrancer for he giveth the Lord Treasurer a Certificate of the Money received the Week before Thirdly He is an Auditor for he maketh Debentures to every Teller before they pay any Money and taketh and audietth their Accompts and keepeth the Black Book of Receipts And the Lord Treasurers Key of the Treasury and seeth every Tellers Money Locked up safe in the new Treasury Remembrancer of the first Fruits Executed by Two Deputies they take all compositions for First-Fruits and Tenths and make out Process against all which pay not the same Clericus Nihilorum maketh a Roll of all such Sums as the Sheriffs upon Process of the Green-wax return Nihil and delivers that Roll into the Office of the Lord Treasurers Remembrancer to have Execution done of it for the King Mareschallus To this Officer the Court committeth the keeping of the Kings Debtors during the Sitting of the Term to the end they may provide to pay the Kings Debts or be further Imprisoned such Offices as are found Virtute Officij and brought into the Exchequer are delivered to him to be delivered over to the Lord Treasurer's Remembrancer He also appointeth Auditors to Sheriffs Escheators Customers and Collectors for taking their Accompts Clericus Summonitionum Clerk of the Summons Deputati Camerarij which are Two called Under-chamberlains of the Exchequer They cleave the Tallies written by the Clerk of the Tallies and read the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true They also search for Records in their Treasury And there are other Officers as Clerk of the Parcels Usher of the Exchequer whose Office is Executed by a Deputy and four Under-ushers In the Lower Exchequer are these Officers THe Lord High Treasurer of England of whose Office and Dignity we have spoken before in the uppeâ— Exchequer And concerning the course of the Receipt in this Exchequer you may read more in Rot ' Claus ' 39 E. 3. M. 26. The other Officers there are one Secretary And next is The Chancellor who hath a principâ—â— power not only in the Exchequer Court but there also in the managing and disposing of the Kings Revenue Two Chamberlains in whose Custody are many ancient Records Leagues and Treaties with Foreign Princes The Standards of Moneys Weights and Measures The Famous Books called Doomesday and the Black Book of the Exchequer Four Tellers Their Office is to receive all Moneys due to the King and thereupon to throw down a Bill through a Pipe into the Chamberlains or Tally Court. Clerk of the Pells is to enter every Tellers Bill in a Parchment Skin in Latin Pellis whence this Office hath its name The Two Deputy Chamberlains Sit in the Tally Court cleave the Tallies and examin each piece a part as is said before in the Upper Exchequer Two Ushers who take care to secure the Court by Day and Night and all the Avenues leading to the same and are to furnish all Books Paper c. One Tally Cutter who provides fitting Hazel cuts them square and of full lengths and hath dividend Fees with the other Officers of the Party who sueth it out The Four Messengers of the Receipt are Pursuivants Attendants upon the Lord Treasurer for carrying his Letter and Precepts to all Customers Comptrolers and Searchers and all other His Majesties Messages where the Lord Treasurer shall command them In case of any Pension given by the King there is only 5 l. per Cent. paid to all the Officers for all publick payments not 5. s. for the Hundred pounds For all Moneys paid in by the King's Tenants or Receiver it costs them but 6 d. or at most but 3 d. for every payment under 1000 l. The Collectors and Receivers cost the King not above Two in the pound and at his Exchequer it costs nothing For the Course of the Exchequer and Duty of the several Officers you may Read in the Authors who have treated thereof more at large There is a General Statute concerning all the Courts of the King made 2 Hen. 6. cap. 10. That all Officers made by the King's Letters Patents within his Courts which have Authority ab antiquo to appoint Clerks and Ministers within the said Courts shall be Sworn
And the late King Charles the Second was made Free of the Grocers There are near LX other Companies or Corporations All enjoying large Priviledges by the Charters of several Kings and have Fair Halls to meet in The Military Government in London HIs Late Majesty King Charles the Second after his Restoration sent a Commission of Lieutenancy appointing several Persons His Lieutenants giving them the same Power in London the Lord Lieutenants have in their respective Counties And in pursuance of that Commission the Regiments then in being were New setled in this manner viz. Six Regiments of Trained Bands Commanded by six Citizens Knights and their Lieutenant Colonels all Knights and six Regiments of Auxiliaries In these Twelve Regiments were 20000 Men Then there were Listed Two Regiments of Horse each consisting of five Troops in all 800 Horse But in case of need in London and within the Liberties may in a Few days be Raised 40000 Men. There is in Southwark One Regiment of Trained Bands Fifteen Hundred Men. In the Hamlets of the Tower Two Regiments in all Three thousand Men Then Holbourn Regiment and Westminster Regiment Two thousand each and in case of Necessity they can Raise 20000 more The Artillery Company is as a Nursery of Souldiers and hath been so for above 60 years the late King Charles when Prince of Wales Listed himself therein and the Duke of York did the like at the same time who after the Restoration took upon himself the Command thereof and under him was a Leader who Exercised them every Tuesday Fortnight and the other Tuesday the Exercise was performed by the several Members of the Company who are there Trained up to Command Of this Society are many of the Nobility also the Lord Mayor and most of the Aldermen All the Commanders of the Trained Bands and Auxiliaries here Exercise Arms. This Company consists of 600 Men. Their Officers are A Leader Two Lieutenants Two Ensigns Two Serjeants A Provost Martial Four Gentlemen of Arms c. They have also a Court Martial consisting of A President A Vice-President a Treasurer and Twenty four Members of the Company On the Second Tuesday in February at a General Rendezvous every Year the Officers are Elected For the Security and Defence of this Famous City and River there hath been anciently divers Fortresses But the most Eminent and Chief is that called The Tower of London WHich is not only a Fort or Cittadel to command and defend both City and River but also A Royal Palace where our Kings with their Courts have sometimes Lodged A Royal Arsenal where are Arms and Ammunition for 60000 Men The Treasury for the Jewels and Ornaments of the Crown The only Mint for coyning Gold and Silver The Great Archive where are conserved All the Records of the Courts at Westminster The Chief Prison for the safe Custody of Great Persons that are Criminals and if the great Extent thereof within the Walls be considered and its Authority over the several Hamlets without and the many high Priviledges and Liberties belonging thereunto it may rather be Reputed a City than a Cittadel The Governour of this Important Fortress is the Constable or Lieutenant of the Tower Who is High Steward of a Court there held by Prescription of Debt Trespass and other Actions of any Sum Greater or Lesser and hath a Deputy Before the late Act might refuse a Habeas Corpus may give Protection to all Debtors belonging to the Tower within the Realm of England hath Priviledge to take Unam Lagenam of all Wine-Ships that come Is Virtute Officij to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex and as some hold to be Custos Rotulorum of the County of Middlesex His Salary is 200 l. per Annum His usual Fee for every Prisoner is 20 l. at Entrance and 3 l. a Week for an Esquire For a Knight 5 l. a Week For a Baron or above 50 l. at Entrance to whom the King allows 10 l. Weekly whereof Two part goes to the Prisoner the other Third part to the Lieutenant for Lodgings and Dyet and 50 l. to the Lieutenant upon the Prisoners discharge The Gentleman Porter of the Tower holds his Place by Patent and at the Entrance of a Prisoner hath for his Fee Vestimenta Superiora or a Composition for it The Gentleman Gaoler is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman 5 l. of a Knight Forty Warders of the Tower accounted the King's Domestick Servants and Sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Cheque The Tower is not within any County or Parish only a small part some account to be in Middlesex but is a Liberty of it self exempt from all Taxes to the King Church or Poor It hath A Parochial Church exempt from all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction And there are Thirteen Hamlets of large Extent belonging to the Tower whose Train-Bands are all bound to Assist the Constable or Lieutenant of the Tower which are called The King's Company and are to Wait on the King's Person in time of Need and to go no further than the King And within the Tower is kept The Office of the Ordnance BEing the grand and standing Magazine of the principal Preparatives Habiliaments Utensils and Instruments of War as well by Sea as Land for the Defence and Safety of the Kingdom and consequently hath Influence in the Navies Forts Castles and Armies thereof having the Superintendence Ordering and Disposing as well of the Grand Magazine lodged in the Tower as at the Minories Woolwich Chatham Windsor Portsmouth Plimouth Hull and elsewhere And is under the Government of The Master of the Ordnance under whom The Administration and Management of the said Office is committed to the Principal Officers following viz. The Lieutenant of the Ordnance who in the absence of the Master of the Ordnance is to Impart all Orders and Warrants directed to the Office and to see them duly Executed and to give Order for Discharging the Great Ordnance when required upon Coronation Days Days Festival Triumphs c. As also to see the Train of Artillery fitted with all its Equipage for Motion upon any occasion The Surveyor is to Survey all the Ordnance Stores and Provisions of War in the custody of the Store-keeper which he is to see so distinguished and placed as shall be best for their Preservation and Safety for a decent View and a ready Account to allow all Bills of Debt and to keep Check upon all Labourers and Artificers Works and to see that all Provisions received be good and serviceable and duly proved with the Assistance of the rest of the Officers and the Proof Masters and marked with the King's Mark if they ought so to be The Clerk of the Ordnance is to Record all Orders and Instructions given for
so suddenly overflow through the Rains falling from the Mountains that the Inhabitants are thereby surprized The whole Island is divided into Four Cantons or Quarters Two whereof are possessed by the English and Two by the French but so separated that People cannot go from one Quarter to the other without passing over the Lands of one of the two Nations The English have more little Rivers in their Division The French more of the Plain Country fit for Tillage The English exceed the French in Number but the French have Four Forts and the English only Two and to prevent Differences between the Two Nations each of them have a Guard upon the Frontiers of their Division which is renewed every Day Barbadoes IS the most Considerable Island the English have amongst the Caribees and lies in 13 Degrees and 20 Minutes on this side the Aequator and tho' not above 24 Miles long and 15 broad yet was many years ago accounted to have above 20000 Inhabitants besides Negro Slaves who are thought a far greater Number In the Reign of King James the First a Ship of Sir William Curteens returning from Fernambuck in Brasile being driven by foul Weather upon this Coast chanced to fall upon this Island and Anchoring before it staid sometime to inform themselves of the Nature thereof which was so exceedingly overgrown with Woods that they could find no Champain or Savana's for Men to Live in nor any Beasts but a multitude of Swine which the Portugals put ashoar long before for Breed if they should at any time be cast on that Shoar in foul Weather and the Fruits and Roots that grew there afforded so great plenty of Food as they multiplyed abundantly so that the Natives of the other Islands use to come hither to Hunt This Discovery being made and Advice given to their Friends in England other Ships were sent and having cut down the Woods and clear'd the Ground they planted Potatoes Plantain and Maize which with the Hogs-flesh they found serv'd to keep Life and Soul together and their Supplies from England coming slow and uncertain they were oft driven to great Extremity But in the Year 1627. when they had more Hands and having Tobacco Indico Cotton Wool and Fustick Wood to Trade with some Ships were Invited with hope of Gain to Visit them bringing for Exchange such things as they wanted as Working Tools of Iron and Steel Cloths Shirts Drawers Hose Shoes Hats and more Planters so that in a short time they grew very Considerable especially when their Sugar-Canes were grown and they had Learned the Art of making Sugar The Inhabitants which consist of English Scotch Irish with some few Dutch French and Jews were Calculated lately to be above 50000 and the Negroes about 100000. So that they can in a short time Arm 10000 Fighting Men which with the Natural Advantage of the Place is able to Defy the most potent Enemy as the Spaniards have found to their Cost having in vain Assaulted it several times It hath only one River or rather a Lake which runs not far into the Land yet the Country lying low and level they have divers Ponds and are supply'd with Rain-water by making Cisterns in their Houses The Air is very hot for 8 Months and would be more insupportable were it not for the cool Breezes which rise with the Sun and blow still fresher as that grows higher but always from the North-east except in the Turnado and then it chops about to the South and hour or two and after returns as before The other 4 Months are not so hot but like the Air of England about the middle of May and tho' they Sweat find not such Faintnesâ— as in England in August neither are they Thirsty unless over heated with Labour or strong Drink their Bread is made of the Root of a small Tree or Shrub which they call Cassavy and account it wholsom and nourishing The Chief Towns in this Isle are St. Michael's formerly called Bridge Town Little Bristol St. James and Charles Town with other Parishes of less Note and several Bayes on the Sea-Coasts The Government is by Laws agreeable to those in England for which they have Courts of Judicature Justices of Peace Constables Churchwardens and the like The Island is very strong as well by Nature as Art It is divided into 11 Precincts wherein are 14 Churches or Chapels the whole so filled with Houses that it may almost seem one Great Town Jamaica SCituate in 17 or 18 Degrees of Northern Latitude it 's shape somewhat Oval being about 170 Miles long and about 70 broad in the midst whereof runs a continued Ridge of Mountains so that some have compared the Island to a Saddle From hence flow divers fresh Springs which cause many Rivers to the great Refreshment of the Inhabitants The Island is divided into 14 Precincts or Parishes Named Port Royal St. Catherines St. Johns St. Andrews St Davids St. Thomas and Clarendon c. many whereof are well Inhabited by the English that have there very good Plantations whose Number is not certainly known but according to Survey taken and returned into England some years since there were about 1700 Families and more than 15000 Inhabitants in the fore-named 14 Precincts and in the Four Parishes on the North-side of the Isle that is St. Georges St. Maries St. Anne and St. James above 2000 more all which are now extreamly increased even to Double if not Treble that Number The great Encouragement of gaining Wealth and a pleasant Life inviting abundance of People to Transplant themselves from Barbadoes and other English Plantations every year so that in a small time it is like to be the most Potent and Rich Plantation in all America And besides the afore-mentioned Number of Inhabitants there are reckoned to belong to Jamaica of Privateers or Buccaneers Sloop and Boat-men which Ply about the Isle at least Thirty Thousand stout Fighting Men whose Courage is sufficiently discovered in their daily Attempts upon the Spaniards in Panama and other places which for the Hazard Conduct and Daringness of their Exploits have by some been compared to the Actions of Caesar and Alexander the Great The Laws of this Island are as like those of England as the difference of Countries will admit They having their several Courts and Magistrates and Officers for Executing Justice on Offenders and Hearing and Determining all Civil Causes between Man and Man ADDENDA OR A SUPPLEMENT OF Things omitteed in the Impression of the Book To be Added To The Respective COURTS in the PLACES after-mentioned WITH REFERRENCES To the same COURTS In the Book before contained By the Author Anno Domini 1699. ADDENDA OR A SUPPLEMENT Of Things omitted in the Impression In the High Court of Parliament THE manner of Debates or passing of Bills into Acts is thus It is the Practice of each House to debate not only of what the King hath proposed but of any other Lay-matters unless their Sovereign shall