the use of the Clergy in London and Liberties â—hereof and a part thereof for Twenty â—oor People for which he gave Three Thousand pounds and for the Mainâ—enance of the poor People 120 l. yearly for ever and 40 l. yearly for a Sermon in Latin at the beginning of â—very Quarter and a plentiful Dinner â—or all the Clergy that shall meet â—here There was a Spacious Library â—uilt by John Sympson Rector of St. Olaves Hartstreet and well furnished with Books The Chartreaux in London THis was heretofore a Convent of Carthusian Monks called in French Des Chartreaux It is called Sutton's Hâ—â—pital also and consists of A Master oâ— Governour A Chaplain A Master and Usher to Instruct 44 Scholars besideâ— 80 Decayed Gentlemen Souldiers anâ— Merchants who have all a plentifâ—â— Maintenance of Dyet Lodging Cloath and Physick c. The Scholars fit for the University have Twenty poundâ— yearly allowed them for Eight year after they come to the University 〈◊〉 and others fitter for Trades have a considerabl Sum of Money to bind them out Apprentices And they have all Officers expedient for such a Society as Physician Apothecary Steward Cooks Butlers c. who have all Competent Salaries This vast Revenue was the Gift of an ordinary Gentleman Mr. Thomas Sutton Born in Lincolnshire and was of such Account that by the King's Letters Patents Persons of the Highest Quality as the Archbishop of Canterbury Lord Chancelor Lord Treasurer and Thirteen others are Governours and Overseers thereof Schools in London ARe St. Paul's Founded An 1512. by John Collett Dr. of Divinity and â—ean of St. Paul's for 153 Children to â—e Taught gratis There being a Master Usher and Chaplain who have â—arge Stipends and the Master Wardens and Assistants of The Company of â—ercers in London have the oversight â—hereof And divers other Schools which are â—ndowed as Merchant-Taylors Mercers-Chappel c. which for brevity sake I â—mit The Arms of the City of London â—re Argent A Cross Gules with the Sword of St. Paul not the Dagger of William â—alworth as some have conceited â—or this Coat did belong to the City before Walworth slew Wat Tyler as â—earned Antiquaries affirm Southwark THis Burrough was granted by King Edward the Sixth by Lettâ—ers Patents to the Major Commonalâ—y and Citizens of London and is calâ—ed the Bridge-Ward without and Governed by One of the 26 Aldermen of London It hath nothing Remarkable but that it pays more in a Subsidy to the King and Musters more Men than any City in England except London The City of Westminster THE Ancient Stately Abby Church here was Founded by the Pious King Edward thâ— Confessor and richly Endowed afterwards Rebuilt by King Henry the Third with that rare Architecture now seen Wherein are most Magnificent Tombs and Monuments of our Kings Queens and Greatest Nobles To the East-end of which is added A Chappel by King Henry the Seventh which for curiouâ— Artificial Work without and within For a Monument of Massy Brass most curiously wrought is scarce to be parallel'd in the whole World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the First Christened King of the East Saxons who first Built St. Paul's Church in London Built here likewise this Church to St. Peter It taketh the name from this Monastery which Minster signifieth it being called Westminster in respect of the East Minister not far from the Tower of London This Monastery 30 Hen. 8. was Surrendred to the King who Erected thereof a Dean and Chapter Anno 33 Hen. 8. It was raised to a Bishopâ—ick and Tho. Thurlby made the first and last Bishop thereof Queen Eliz. Converted it into a Collegiate Church and therein placed a Dean Twelve seculiar Canons or Prebendaries Pety Canons and others of the Quire to the number of Thirty Ten Officers belonging to the Church as many Servants belonging to the Collegiate Diet Two School-Masters Forty Scholars Twelve Alms-men with plentiful Allowance for all besides Stewards Receivers Registers Collectors and other Officers The Principal whereof is the High Steward of Westminster who is usually one of the Prime Nobility The Dean is intrusted with the Regaâ—ia at the Coronation and Honoured with a place of necessary Service at â—ll Coronations and with a Commisâ—ion of the Peace within the City and Liberties of Westminster The Dean and Chapter invested with all Jurisdiction both Ecclesiastical and Civil not only within the City and Liberties of Westminster but within the Precincts of St. Martins le Grand and in some Towns in Essex Exempted in the one from the Jurisdiction of the Bishop of London And in the other from that of the Archbishop of Canterbury It hath a Royal Jurisdiction for Ecclesiastical Causes and Probate of Wills and a Commissary from whom is no Appeal but to the King in his Chancery Who thereupon Issueth out a Commission of Delegates under the Great Seal of England When the Convocation is Adjourned from St. Pauls for the conveniency of being nearer the Parliament to Westminster The Bishops first declare upon a Protestation made by the Dean there that they intend thereby not to violate that High Priviledge viz. That no Archbishop or Bishop may come there without leave of the Dean first obtained There is also a fair publick Library free for all Strangers to Study both Morning and Afternoon always in Term time Within this City are Twelve Wards Out of which are Elected One Burgess and One Assistant in every Ward and out of these Twelve Two are Elected yearly on the Thursday in Easter Week to be Chief Burgesses and so to continue for the year ensuing These Burgesses have Authority by Act 27 Eliz. To Hear Examine Determine and Punish according to the Laws of the Realm and lawful Customs of the City of London Matters of Incontinency Common Scolds Inmates and Common Annoyances and to commit such Persons as shall offend against the Peace and thereof give knowledge within Twenty four hours to some Justice of Peace within the County of Middlesex Next the Abbey Church stood the Palace Royal and usual Place of Residence of the Kings of England who ordinarily held their Parliaments and Courts of Judicature in their Dwelling Houses and many times sate themselves in the said Courts of Judicature as they do still in Parliament But after the Parliament was divided into two several Houses which was about 50 Ed. 3. The Commons assembled in the Chapter House of the Abbot of Westminster until 1 Ed. 6. which gave to the King Colledges Chauntries Free Chappels c. The King being thereby Possessed of the Ancient Beautiful Free Chappel of St. Stephen Founded by King Stephen which had Revenues of the old yearly value of 1085 l. It afterwards served for the House of Commons A great part of this Huge Palace was in the time of Hen. 8. destroyed by Fire what remained hath still been Employed for the use of the Parliament and Courts of Judicature The
That their Proceedings Judgments and Executions shall remain good and available in Law without any Redress to be had by Suit in any other Court as you may see more at large by the Statute and Exposition thereof in Coke's Fourth Institutes And the other is concerning Colledges Hospitals or Almshouses for Charitable and Lawful purposes and Uses BY the Statute of 39 Eliz. cap. 6. The Lord Chancellor or Chancellor for the Dutchy of Lancaster for Lands in that County may award Commissions to the Bishop of the Diocess and his Chancellor and other persons of good and sound Behaviour To enquire of all Colledges Hospitals and other places Founded or Ordained for the Charitable relief of Poor Aged and Impotent people Maimed Soldiers Schools of Learning Orphans or for such other good charitable and lawful Purposes and Intents And of all Lands c. given or appointed for those uses As also for Reparations of all High-ways Bridges and Sea-Banks for Maintenance of Free-Schools and Poor Scholars and of Orphans and Fatherless Children and such like good and lawful Charitable uses and to enquire of the Abuses Misdemeanors Mis-employments Falsities defrauding the Trusts Alienations Misgovernments c. And to set down such Orders Judgments and Decrees that the same may be observed in full ample and most liberal sort c. Which Orders Judgments and Decrees not being contrary to the Orders or Decrees of the Donors shall be firm and good and are to be certified by the Commissioners into the Chancery of England or of the County Palatine of Lancaster c. And it is to be observed that when any Act of Parliament doth authorize the Lord Chancellor or Keeper to make a Commission under the Great Seal he may do it without further Warrant the King being party to the Act of Parliament But this Statute was afterwards Repealed by 43 Eliz. 4. Saving for the Excution of Orders and Decrees before made by Commissioners according to the Statute And by the Statute of 43 Eliz. 4. It shall be lawful for the Lord Chancellor or Lord Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that Precinct to Award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other Persons of Good Behaviour Authorizing Four or more of them to Inquire as well by the Oaths of Twelve or more Lawful Men as otherwise of all Grants Gifts Augmentations Limitations and Appointments and of all Abuses and Misemployments of all Land Tenements and Hereditaments and of all Goods and Chattels given limitted or appointed to Charitable uses c. See the Statute at large and 21 Jac. 1. cap. 1. The Court of Justices of Gaol-Delivery BY the Law Ne homines diu detineantur in Prisona but that they may receive Plenam celerem Justitiam The Commission of Gaol-Delivery was Instituted 4 E. 3. and by this Commission Goals ought to be delivered Thrice in the year and oftner if need be and the Authority given thereby consisteth in these few Words Constituimus vos Justiciarios nostros ad Gaolam nostram Castri nostri de C. de Prisonibus in ea existentibus hac vice deliberand ' And these Justices may arraign any man in that Goal upon any Indictment for Felony Trespass c. before Justâ—ces of Peace though not found before themselves which Justices of Oyer and Terminer cannot do and they may take a Pannel of a Jury Return'd by the Sheriff without making any Precept to him which Justices of Oyer and Terminer may not To these Justices Commissions of Association Writs of Admittance and Si non omnes like as to Justices of Oyer and Terminer are directed and other Authorities Jurisdictions and Priviledges they have of which you may Read at large Coke's 4 Inst. cap. 30. By the Statute of 6 R. 2.5 Justices of Assize and Gaol-Delivery shall hold their Sessions in the chief Towns of every County where the Shire Courts there use to be holden By the Statute of 8 R. 2.2 no man of Law shall be Justice of Assize or Gaol Delivery in his own Country and the Chief Justice of the Common-Bench shall be assigned amongst others to take Assizes and to deliver Gaols but as to the Chief Justice of the Kings-Bench it shall be as for the most part of 100 years last past hath been wont to be done By the Statute of 14 H. 6.3 the Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of Peace and Truce in the City of Carlisle and not elsewhere according to the Statute of 6 R. 2 5. By Stas de Finibus levatis cap. 3.27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay associating unto him one of the most discreet Knights of the County shall deliver the Gaols The Justices shall then also Enquire Whether Sheriffs or any other have let out by Plevin any Prisoners not pleviable or have offended in any thing against the Statute of Westm 2.13 E. 1. and shall punish them according to the force of the said Statute By the Statute of 2 E. 3 2. Justices of Gaol-delivery and Oyer and Terminer procured by Great Men shall not be made against the Form of the Statute of 27 E. 1. cap. 3. And Assizes Attaints and Certifications shall be hereafter taken before Justices commonly assigned being good and lawful Men and having knowledge in the Law according to the Statute of Westm. 2.29 Ed. 1. By the Statute of 4. E. 3.2 good and discreet Persons shall be assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols Three times in the year at least Justices of Gaol-delivery shall have power to Deliver the Gaols of those that stand Indicted before the Keeâ—ers of the Peace which Keepers shalt send those Indictments before the Justices of Gaol-delivery who shall have power to Enquire of and punish Sheriffs Gaolers and others which do any thing against this Act. Judges ought not to Deliver their Opinions before-hand of any Criminal Case thaâ— may come before them Judicially For how can they â—e indifferent who have delivered their Opinions before hand wiâ—hout hearing of the party Co. 3 Inst 29. By the Statute of 19 H. 7.10 the Sheriff of every County shall have the keeping of the Common Gaol there except such as are held by Inheritance or Succession Also all Letters Patents of the keeping of Gaols for Life or Years are annulled and void Howbeit neither the Kings-Bench nor Marshalsea shâ—â—l be in the custody of any Sheriff aâ—d the Patents of Edward Courtney Earl of Devon and John Morgan for Keeping of Prisons are excepted By the Statute of 6 Hen. 8.6 the Justices of the King 's Bench have power by their Discretions to Remand as well the Bodies of Felons as their Indictments
Interrogatories ought to be Single and Plain Pertinent to the matter in question but in no sort Captious Leading or Directory In some cases the Courts of Common Law judge upon Witnesses but they must ever give their Testimony Viva Voce as in Dower if the Issue be whether the Husband be alive or no. Bracton saith an Alien may not be a Witness but that must be understood an Alien Infidel for the Bishop of Rosse a Scot was admitted a Witness and Sworn 4 Eliz. in the case of the Duke of Norfolk Witnesses ought to come to be deposed untaught and without Instruction And should say from his Heart Non sum doctus nec Instructus nec curo de Victoria modo ministretur Justitia Coke's 4 Inst cap. 64. The King 's Swanherd HAth been of ancient time by his Office Magister deductus Cygnoram And or his Authority you may Read in Rot. Patentium Anno 11 H. 4. Part. 1 M. 14 c. and Coke's 4 â—nst cap 66. But he hath no Court. No Powl can be an Estray but a Swan The King 's Aulneger AUlneger of Aulne in French and that of Ulna Ulnator Is an ancient Officer of the Kings Gift before any Statute For in 14 Eliz. Sir Thomas Darlington was by the Kings Letters Patents Aulneger of Broad Cloath and had a Fee of the King for the Fee he had of the Subject was by the Statute of 27 E. 3. Of ancient time no Custom was paid by the English or Stranger but for Wools Woolfels and Leather In the Reign of E. 3. a great part of the Wool was draped into Cloth And it was adjudged notwithstanding that because the Wool was changed by the Labour and Industry of Man into another kind of Merchandizing no Custom should be paid for it The first Act of Parliament that gave any Subsidy of Cloath was Anno 23 Ed. 3. not Printed viz. 14 d. of Lieges and 21 d. of Strangers for every Cloath of Assize and 2 s. 4 d. of Lieges and 3 s. 4 d. of Strangers for every Cloath of Scarlet and the reason of granting these of Broad Cloath was Quia jam Magna Pars Lani Regni nostri in eodem Regno Pannificitur c. And for further satisfaction of the King for Customs of Wools Anno 27 E. 3. A Subsidy was granted to the King his Heirs and Successors over the Customs thereof due viz. of every whole Cloath of Assize not Ingrained 4 d. the Half Cloath 2 d. every whole Cloth Ingrained 5 d. the Half Cloth 2 d. 1 2 The whole Cloth of Scarlet 6 d. The Half Cloath 3 d. The Aulnegers Fee is granted by Act of Parliament viz. for the Measuring of every whole Cloath of Assize of the Seller a Half penny and for the Half Cloth One farthing and no more and for Cloth less or not to be sold nothing Nota Consuetudines Custumae Customs and Subsidies are taken as Synonima's In Hillary Term Anno 2 Jac. 1. Upon Suit to the King by the Duke of Lenox a Question being moved whether new Draperies as Frizadoes Bays c. were within the aforesaid Statute It was resolved by the Judges That all new made Drapery made wholly of Wool as Frizadoes Bayes Northern Dozens c. are to yield Subsidy and Aulnage according to the Statute of 27 E. 3. But Fustians Canvas Sackcloth c. made meerly of other Stuff are not to be charged therewith The Government of Counties in England FOR the Civil Government of Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers Men of Worth and Parts who have their usual Residence in the County so many as the King pleaseth to keep the Peace of the County And these by the Commission under the Great Seal are called Justices of Peace at first Styled Wardens of the Peace and such whom the King most confideth in in or doth respect are made Justices of the Quorum so called from those words in the Commission Quorum A.B. Unum esse volumus which imports that some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of the Peace and Quorum is by the Lord Chancellor made Custos Rotulorum so called because he hath the custody of the Rolls or Records of the Sessions and is to bring them to each Quarter-Sessions Every Quarter of the year these Justices meet at the Chief or Shire Town where the Grand Inquest or Jury of the County is Summoned to appear who upon Oath are to Inquire of all Traytors Hereticks Thieves Murderers Money Coiners Riots c. Those that appear to be guilty are by the said Justices committed to Prison to be tryed at the next Assizes when the Judges of Westminster come their Circuits before-mentioned Every County being subdivided into Hundreds so called at first either for containing one Hundred Houses or an Hundred bound to take Arms or Wapentakes so called from touching a Weapon as the manner at this day is in Sweden at their solemn Weddings for their chief Witnesses to lay all their Hands upon a Launce or Pike every such Wapentake or Hundred hath commonly a Bayliff a very ancient Officer but now of small Authority Also Officers called High-Constables at First ordained by the Statute of Winchester 13 Ed. 1. for Conservation of the Peace and View of Armour they disperse Warrants and the Orders of Justices of the Peace to each Petit Constable There are also in every County Two Officers called Coroners whose Office is to Inquire by a Jury of Neighbours how and by whom any Person came by a Violent Death and to enter the same upon Record which is a Matter Criminal and a Plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Freeholders of the County by virtue of a Writ out of the Chancery they were Anciently men of Estates Birth and Honour Every County hath also A Clerk of the Market whose Office is to keep a Standard of all Weights and Measures exactly according with the King's Standard and kept in the Exchequer and to see that none other be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are deficient And these Justices and Officers have every of their several and respective Courts within the County of which we shall briefly say somewhat particularly and First of The Court of the Sessions of the Peace BY Act of Parliament 1 E. 3. cap. 16. the King Wills That for the better Keeping and Maintenance of the Peace Good Men and Lawful be Assigned in every County to Keep the Peace And thus began this Subordinate Government for the Tranquility and Quiet of the Realm which no part of the Christian World can parallel But referring the Reader to several Acts of Parliament and Authors who have Treated of their Jurisdiction and Authority both in
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
which they got leave of King James to put in there for Fresh-Water in their passage to Brasile and did not offer to plant till a good while after the English were settled in the Country In 1664. His late Majesty King Charles the Second sent over Four Commissioners to Reduce the Colonies into Bounds that had before Incroached upon each other who Marching with Three Hundred Red-Coats to Manhades or Manhatees took from the Dutch their Chief Town then called New Amsterdam now New York and August 29. Turned out their Governour with a Silver-Leg and all the rest but those who acknowledg'd Subjection to the King of England suffering them to enjoy their Estates and their Houses as before Thirteen days after Sir Robert Carr took the Town and Fort of Aurania and Twelve Days after that the Fort and Town of Arosapha then De la Ware Castle Mann'd with Dutch and Sweeds so that now the English are Masters of Three handsom Towns Three strong Forts and a Castle without the loss of one Man The first Governour of these parts for the King of England was Colonel Nichols one of the Commissioners This Country is blessed with the Richest Soil in all New England I have heard it Reported says an Author That one Bushel of European Wheat hath yielded One Hundred in a Year The Town of New York is well seated both for Trade Security and Pleasure in a small Isle called Manahaten at the Mouth of the Great River Mohegan which is very commodious for Shipping and about Two Leagues broad The Town is large built with Dutch Brick alla Moderna consisting of above Five hundred Houses the meanest not valued under One hundred Pounds To the Land-ward it is encompassed with a Wall of good thickness and Fortified at the Entrance of the River so as to Command any Ship which passeth that way by a Fort called James Fort. It hath a Mayor Aldermen a Sheriff and Justices of Peace for their Magistrates The Inhabitants are most English and Dutch and have a considerable Trade with the Indians for Bever Otter Raccoon Skins with other rich Furrs Likewise for Bear Deer and Elk-Skins and are supply'd with Venison and Fowl in the Winter and Fish in the Summer by the Indians at an easie Rate The Province of New York formerly contained all that Land which lyes in the North parts of America betwixt New England and Mary-Land the Length towards the North is not fully known the Breadth is about 200 Miles The Principal Rivers are Hudson's River Raritan River and De la Ware Bay The chief Islands are Manahaten Island Long Island and Staten Island Manahaten Island so called by the Indians lieth within the Land betwixt 41 and 42 Degrees of North Latitude and is about 14 Miles long and two broad New York is seated on the West of this Island having a small Arm of the Sea which divides it from Long Island on the South Long Island runs Eastward above 100 Miles and is in some places 8 12 or 14. Miles broad Inhabited from one end to the other having an Excellent Soil for all English Grain the Fruits Trees and Herbs very good In May you may see the Woods and Fields so curiously bedeck'd with Roses and a multitude of other delightful Flowers as equal if not excel many Gardens in England There are several Navigable Rivers which run very swift and are well furnished with Variety of Fish as the Land is with all sorts of English Cattle besides Deer Bears Wolves Raccoons Otters and Wild Fowl in abundance Hudson's River runs by New York Northward into the Country toward the Head of which is seated New Albany a place of great Trade with the Indians betwixt which and New York being above 100 Miles distance is as good Corn Land as the World affords It was reduced to his Majesties Obedience by Colonel Nichols and a League of Friendship concluded between the Inhabitants and the Indians by whom they have never been since disturbed but every Man hath sate under his own Vine and hath peaceably Reaped and Enjoyed the Fruits of his own Labours New Jersey IS part of the Province of New Albion afore-mentioned and is Subdivided into East and West Jersey East Jersey lies between 39 and 41 Degrees of North Latitude being about 12 Degrees more to the South than the City of London It is bounded on the South-East by the Main Sea East by that vast Navigable Stream called Hudson's River West by a Line of Division which separates it from West Jersey and North upon the Main Land and extends it self in length on the Sea-Coasts and along Hudson's River 100 Miles and upwards The Proprietors of this Province Anno 1682. Published an Account of the Scituation Conveniences and Product thereof for Incouragement of such who had an Inclination to Settle there Which you may read in Burton's Description of America fol. 99. The Constitutions of this Country were made in the time of John Lord Berkley and Sir George Carteret the late Proprietors thereof in which such Provision hath been made for Liberty in matter of Religion and Property in their Estates that under the Forms thereof this Country hath been considerably increased Pensylvania BY Letters Patent Dated the 4th of March 1680. King Charles the Second in Consideration of the Faithful Service of Sir William Penne Deceased did Grant unto William Penne Esquire Son and Heir of the said Sir William Penne all that Tract of Land called Pensylvania as the same was Bounded on the East by De la Ware River from 12 Miles distance of New-Castle Town unto the 43 Degree of Northern Latitude with other Boundings and Limits therein mentioned And all Powers Preheminence and Jurisdictions necessary for the Government of the said Province And by other Letters Patent Dated April the 2d 1681. did Publish and Declare his Will and Pleasure That all Persons settled or inhabiting within the Limits of the said Province should yield all due Obedience to the said William Penne his Heirs and Assigns as absolute Proprietors and Governours thereof as also to the Deputy or Deputies Agents or Lieutenants Commissioned by him or them Whereupon William Penne taking upon him the Government in a Letter from Philadelphia the then intended Chief City Dated 16 Aug. 1683. giveth a full Description of the Province and the Soil Air Seasons and Produce thereof The Planted part of the Province being cast into six Counties viz. Philadelphia Buckingham Chester New-Castle Kent and Sussex containing then about 4000 Souls Two Assemblies had then been held with such Concord and Dispatch that in Three Weeks time at least Seventy Laws were past And for the Well-Government of the Counties Courts of Justices are Established in every County with proper Officers as Justices Sheriffs Clerks Constables c. Which Courts are held every Two Months but to prevent Law-Suits there are Three Peace-Makers chosen by each County-Court in the Nature of Common Arbitrators to hear and end Differences betwixt Man and
make a Record of it Coke's 8 Rep. 120. Dr. Bonham's Case Justices of Peace may commit Vagrants to Prison if they will not serve and they may command the Goalers to set 'em at liberty without any other Writ F. N. B. 374. Justices of Peace shall be made of the most sufficient by the Advice of the Chancellor and King's Council without taking others dwelling in Foreign Counties except Lords Justices of Assize and the King 's Chief Steward of Dutchy Lands in North and South St. 2 H. 5. Cap. 2. 18 H. 6. None except Men Learned in the Law or inhabiting Corporations shall be Justices of peace unless their Lands be worth 20 l. per Annum Justices in Middlesex not compellable to keep their Sessions more than twice in the Year but may keep them oftner Stat. 14 H. 6. Vid. the Statutes concerning Justices of Peace Sat. 5 6 W. M. Certiorari to remove Indictments shall not be out of the King's Bench before Trial and from before Justices of General or Quarter Sessions of Peace unless upon Motion of Council and Rule in open Court and the Party indicted find two Manucaptors before one or two of the Justices in the County in 20 l. to plead to the said Indictment in the King's Bench and at their own Charges to procure the Issue joyned upon such Indictment to be tried at next Assizes after the Certiorari returnable Or if in London Westminster or Middlesex then next Term or Sitting after Term unless the Justices appoint some other time of which Notice must be given Costs against the Prosecutor of the Certiorari if he be Convicted In Vacation time Writs of Certiorari shall be granted by any Justice of King's Bench the Justice and Parties Name being indorsed and finding Sureties If upon any Indictment for not repairing High-ways the Title may come in Question upon Affidavit thereof a Certiorari may be granted to remove it into King's Bench upon Sureties found Vid. Washington's Abridgment of Statutes 152. Justices of Peace shall deliver their Indictments to the Justices of Goal-Delivery And Justices of Goal-Delivery may take a Pannel of a Jury returned by the Sheriff without making any Precept which Justices of Oyer and Terminer ought to make Coke's 4 Inst 168. For the Institution of Justices of the Peace and their Duty and Authority and of what they may inquire See the Stat. 4 H. 7. and Coke's 4 Inst 170 to 183. Justices of Peace Sheriffs in their Tourns and Lords in their Leets may enquire of false Weights and Measures c. Coke's 4 Inst 273. If the Commission of Sewers determine the Justices of Peace have Power to execute for one year Coke's 4. Inst 276. By Stat. 2 3 P. M. 18. a new Commission of the Peace or Goal-Delivery for the whole County shall not be a Supersedeas to a former like Commission granted to a City or Town-Corporate being no County Those who desire to see more of their Institution Jurisdiction and Authority may read thereof more at large in Dalt Just Coke's 4 Inst and other Authors who treat thereof and in the Statutes at large See before in Court of the Sessions of the Peace Page 210. To the Court of the Tourne THIS Court of the Tourne is the King 's Leet through all the County and the Sheriff is Judge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourne From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious Men and Women and all such as have Hundreds of their own to be kept who are not bound to appear except for some other Cause but only in the Bailywicks where they dwell Stat. Marleb 10.25 H. 3. By Stat. 31 Ed. 3. Sess 1.15 Every Sheriff shall hold his Tourne yearly one time within the Month after Easter and another time within the Month after Michaelmas on Pain to lose his Tourne for the Time This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in his Court such as he will at his Peril answer for but he cannot prescribe to take any thing for the keeping of his Tourne because he is an Officer removeable And by Magna Charta Chap. 35. he is to keep his Tourne in the Hundred at the usual Place It was Enacted by Stat. 1 Ed. 4. That all Indictments and Presentments taken before the Sheriff in his Tourne or County shall be delivered to the Justices of the Peace at the next Sessions in Pain of 40 l. who shall Arraign Deliver make Process and proceed thereupon as if they were taken before themselves and shall deliver indented Estreats of the Fines to the Sheriff to be levied to his own use And here if the Sheriff levy any Fine or commit any to Prison by colour of any such Indictment or Presentment or otherwise than by Warrant from the Justices aforesaid he shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had Fines formerly granted unto them Coke's 5 Rep. 112. Mallorie's Case But this extendeth only to Proceedings upon lawful and sufficient Indictments and doth not make any insufficient Indictment good Coke's 9 Rep. 26. Case of the Abbot of Strata Marcella See more in Court-Leet County-Court and Hundred-Court See before in The Court of the Tourne Page 223. To the Court-Leet or View of Frankpledge BY Stat. de Visu Franc. 18 Ed. 2. before mentioned and divers other Statutes the Court of the Leet may enquire of several Offences and amongst the things whereof the Steward of the Leet hath Cognizance and wherewith the Jury is to be charged some are such as may be there enquired of as High-Treason Petit Treason Felonies Burglaries Wilful Burners of Houses or Barns adjoyning thereunto by Night or Stacks of Corn Robbers of Churches and Chappels Takers of Doves out of Dovehouses or young Pigeons or Hawks out of their Nest in the Night or Fishes out of Ponds Stews or Trunks in the Night Stealers of Tame Deer marked Swans or Peacocks Breaking of Prison by Felons Rescuers of Felons and the like and their Accessaries before and after the Felony done Of all which the Jury must make Presentment and this Presentment is to be transmitted to Superior Courts as to the Justices of Goal-Delivery or Justices of Peace in their Sessions And other things whereof this Court hath perfect Cognizance and that may be enquired of and punished here in this Court are 1. By Common Law as the Defaults of Officers and Suitors in doing their Suit to this Court as if any living within the Precinct of the Law-day be not returned of the Decenary or being returned does not appear Or if any above Twelve years of Age have lived within the Leet and had not taken the Oath of Allegiance he was to have been presented here And
Comitatus coming of the Saxon Verb Siram i. e. partiri for that the whole Realm is parted and divided into Shires And this Shireve being Deputy of the Consul or Earl was therefore by the Romans called Vice-Consul as we at this day call him Vice-comes i. e. Vice-comitis that is instead of the Earl of that County who in ancient time had the Regiment of the County under the King For it is said in the Mirror Cap. 1. Sect. 3. That the Earls of the Counties had the Custody and Guard of the Counties and when the Earls left their Custodies or Guards then was the Custody of Counties committed to Viscounts who therefore are called Vicecomites And whom the Romans called Senatores the Saxons sometimes and we now call Aeldermen or Earls Non proper aetatem sed propter sapientiam dignitatem cum quidam adolescentes essent jurisperiti tamen super hoc experti The Shireve is called Praefectus because he is the Chief Officer to the King within the Shire for the Words of his Patent be Comisimus vobis custodiam Comitatus nostri de c. And he hath triplicem Custodiam viz. 1. Vitae Justitiae for no Suit begins and no Process is served but by the Sheriff Also he is to return indifferent Juries for the Tryal of Mens Lives Liberties Lands Goods c. 2. Vitae Legis he is after long Suits and chargeable to make Execution which is the Life and Fruit of the Law 3. Vitae Reipublicae he is Principalis Conservator pacis within the County Marculphus saith This Office is Judiciaria dignitas Lampridius That it is Officium digniatatis And Fortescue Cap. 24. saith Quod Vicecomes est nobilis Officiarius and is thus chosen Every year the Morrow after All Souls Day all the King's Councellors meet together in the King's Exchequer as well the Lords Spiritual and Temporal as all other Justices all the Barons of the Exchequer the Master of the Rolls and certain other Officers where all these with one common Assent do name of every County Three Knights or Esquires whom among other of the same County they take to be of good Disposition and Fame and best disposed to the Office of Sheriff of that County Of the which Three the King chuseth one whom by his Letters Patent he appointeth Sheriff of the County that he is chosen of for the year then following but he before he receive his Patent shall swear upon the Holy Gospel among other Articles That he shall well and faithfully and indifferently exercise and do his Office all that year and that he shall receive or take nothing of any other Man than the King by colour or mean of his Office In the Romans time and before he was a Minister to the King's Courts of Law and Justice and had then a Court of his own which was the County Court then called Curia Consulatus as appears by these Words Ipsius vices supplebat in Jure in Foro. This Realm being divided into Shires and Counties and those Shires into Cities Boroughs and Towns by the Britons King Alfred's Division of Shires and Counties being but a Renovation or more exact Description of the same The Sheriff is Balivus and his County called Baliva which is thus derived Bailiff is a French word and signifies an Officer concerning the Administration of Justice of a certain Province and because a Sheriff hath an Office concerning the Administration of Justice within his County or Bailywick therefore he calleth his County Baliva sua For Example When he cannot find the Defendant c. he returneth Non est inventus in Baliva mea In the Statute of Magna Charta Cap. 8. some hold that Balivus signifieth any Judge And in 10th of Hen. 4. it is holden That Bailie le Roy is understood Justice le Roy And in the Mirror it is holden That the Stature doth extend to every Justice Minister of the King Steward c. and all comprehended under this Word Bailiff Coke's 1 Inst 168. a. b. Curia Comitatus in Saxon Scypegemoce i. e. Comitatus Conventus ejus duo sunt genera quorum alterum hodie le Countie Court alterum le Tourn del Viscount olim Folkmore vulgo nuncupatur So as many times Turn ' Vicecomit is is expressed under the name of Curia Comitatus because it extended through the whole County and therefore in the Red Book of the Exchequer amongst the Laws of King H. 1. Cap. 8. De Generalibus Placitis Comitatuum it is thus contained viz. Sicut antiqua fuerat institutione formatum salutari Regis Imperio vera est recordatione firmatum Generalia Comitatuum Placita certis locis vicibus definito tempore per singulas anni provincias convenire debere nec ullis ultra fatigationibus agitari nisi propria Legis necessitas vel commune Regni commodum saepius adjiciant Intersint autem Episcopi Comites Vicedomini Vicarii Centenarii Aldermanni Praefecti Praepositi Barones Vavassores Tingrevii caeteri terrarum Domini diligenter intendentes ne malorum impunitas aut gravionum pravitas vel judicum subversio solita miseros laceratione confiniant Agantur itaque primo debita verae Christianitatis jura secundo Regis placita postremo causae singulorum c. Debet enim Sherysmote i.e. The Sheriff's Tourn bis Hundreda Wapentachia i.e. The County Courts duodecies in anno congregari By the Laws of King Edward before the Conquest the first which succeeded King Alured it is thus Enacted Praepositus quisque 1. Vicecomes Saxonice Geresa Anglice Sheriff ad quartam circiter septimanam frequentem populi concionem celebrato cuique jus dicito aequabile litesque singulas cum dies condicti adveniant dirimito Hereby it appeareth that common Pleas between Party and Party were holden in the County Court every Month which agreeth with Magna Charta and other Statutes and continueth at this day And by Stat. 2 E. 6. Cap. 25. It is provided that no County Court shall be longer deferred than one Month from Court to Court Coke's 2 Inst 69 70 71. In the County Court though the Plea be holden therein by a Justicies the King 's Writ yet it is no Court of Record for of a Judgment therein there lieth a Writ of false Judgment and not a Writ of Error Coke's 2 Inst 140. By Stat. Gloucester cap. 8. Purview est ensement que les Visconts pled ' en Counties les Plees de Trespasse auxy come ils soilent estre Pledes Et que nul neit desormes Briefs de Trespass devant Justices sil ne affirm per foy que le biens emportes vailent 40 s. al meins c. En Countie Courts is there put for an Example for the Hundred Court and the Court Baron being no Courts of Record are also within this Law Writs of Trespass are there put also for an Example for Debt Detinue Covenant and the like But if the Trespass be Vi Armis where the King upon
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—
be called the Starred Chamber because Crimina Stellionat ' was there handled Others of the Saxon word Steeran to Steer or Rule as doth the Pilot because this Court did steer and govern the Commonwealth Others because it is full of Windows But the true cause of the Name was because the Roof was starred This Court sate twice a Week in Term-time viz. on Wednesdays and Fridays except either of those Days fell out to be the first or last Day of the Term then it sate not but was constantly held the next Day after Term ended But if any Cause was begun to be heard in Term-time and for length or difficulty could not be sentenced within the Term it was continued and sentenced after the Term. Divers Acts of Parliament gave Jurisdiction to this Court for to punish horrible and enormous Crimes and other exorbitant Offences in Great Men but ordinary Offences and such as may be sufficiently punished by the proceedings of the Common Law this Court left to the ordinary Courts of Justice The proceeding in this Court wasby Bill or Information by Examination of the Defendant upon Interrogatories and by Examination of Witnesses and rarely Ore tenus upon the Confession of the party in Writing under his Hand which he again must confess freely in open Court upon which Confession the Court did proceed But if the Confession was set down too short or otherwise than he meant he might deny it and then they could not proceed against him but by Bill or Information which was the fairest way The Informations Bills Answers Replications c. and Interrogatories were in English Engrossed in Parchment and Filed up All the Writs and Process of the Court were under the Great-Seal The Sentences Decrees and Acts of this Court were Ingrossed in a fair Book with the Names of the Lords and others of the King's Council and Justices that were present and gave their Voices In the 28th year of the Reign of Edward the Third it appeareth that the Retorns Coram nobis are in three manners 1 Coram nobis in Camera which was afterwards called Camera stellata 2. Coram nobis ubicunque fucrimus in Anglia which is the Kings-Bench And 3. Coram nobis in Cancellaria By the Statute of 3 Hen. 7. the Letter whereof followeth It was Ordained That the Chancellor and Treasurer of England and the Keeper of the King 's Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings most Honourable Privy Council and the two Chief Justices of the Kings-Bench and Common-Pleas for the time being or other two Justices in their absence upon Bill or Information put to the said Lord Chancellor or any other against any person for unlawful Maintenance giving of Liveries Signs and Tokens and Retainers by Indentures Promises Oaths Writings or otherwise Imbraceries of his Subjects Untrue demeaning of Sheriffs in making of Pannels and other untrue Returns by taking of Money by Injuries by great Riots and unlawful Assemblies have Authority to call before them by Writ or Privy Seal the said Misdoers and they and others by their Discretion by whom the Truth may be known to Examine and such as they find therein Defective to punish them after their Demerits after the Form and Effect of Statutes thereof made in like manner and form as they should and ought to be punished if they were thereof Convict after the due Order of Law Camerae Stellatae authoritatem prudentissimus Princeps Henricus Septimus ita Parliamentaria adauxit Constabilivit nonnulli primum instituisse falso opinantur But the Act of 3. Hen. 7. did not raise a New Court for there was a Court of Star Chamber before and all the Kings Privy Council Judges of the same But By the Statute of 16 17. Car. 1. cap. 10. this Court is absolutely Dissolved The Court for Redress of Delays of Judgments in the Kings great Courts THis Court is raised by the Statute of 14. E. 3. which followeth in these words Item Because divers Mischiefs have hapned of late that in divers places as well in the Chancery as in the Kings-Bench the Common-Bench and in the Exchequer before the Justices assigned and other Justices to hear and determine matters the Judgments have been delayed sometimes by Difficulty sometimes by divers Opinions of the Judges and sometimes for some other Cause It is assented established and accorded That from henceforth at every Parliament shall be chosen a Prelate two Earls and two Barons which shall have Commission and Power of the King to hear by Petition delivered unto them the Complaints of those that will complain to them of such Delays and Grievances made and they shall have power to come before them at Westminster or elswhere where the places or any of them shall be the Tenour of Records and Processes of such Judgments so delayed and to cause the same Justices to come before them which shall be then present to hear their cause and reasons of such delays which Cause and Reasons so heard by Good Advice of themselves the Chancellor Treasurer the Justices of the one Bench and of the other and other of the King's Counsel as many and such as shall seem convenient shall proceed to take a good Accord and make a good Judgment and according to the same Accord so taken the Tenor of the same Accord together with the Judgment which shall be Accorded shall be remanded before the Justices before whom the Plea did depend and that they shall give Judgment according to the same accord and in case it seems to them that the Difficulty be great that it may not well be determined without Assent of the Parliament that the said Tenor or Tenors shall be brought by the said Prelate Earls and Barons in the next Parliament and there shall be a final Accord taken what Judgment ought to be given in this case and according to this Accord it shall be commanded to the Judges before whom the Plea did depend that they shall proceed to give Judgment without delay Before the making of this Statute delay of Judgments was forbidden both by the Common Law and by Acts of Parliament By the Common Law 1. It is required That Plena celeris Justitia fiat partibus c. not plena alone nor celeris alone but both plena celeris All Writs of Praecipe quod reddat are Quod juste sine dilatione reddat c. All Judicial Writs are Sine dilatione c. 2. There did and yet doth lye a Writ De procedendo ad judicium when the Justices or Judges of any Court of Record or not of Record delayed the party Plaintiff or Defendant Demandant or Tenant and would not give Judgment and thereupon an Alias Plur and an Attachment c. doth lye And the Words of the Writ be Quia redditis Judicij loquelae quae est coram vobis c. de quadam transgressione eidem A. perpraefat B. illata ut
dicitur diuturnam cepit dilationem ad grave dampnum ipsius A. Sicut ex querela sua accepimus Vobis praecipimus quod ad judicium inde reddend cum ea celeritate quae secundum Legem consuetudinem regni nostri procedas c. Likewise when Justices or Judges of any Court of Record or not of Record give Judgment and delayed the party of his Execution the party grieved may have a Writ De executione Judicij by which Writ the Justices or Judges are commanded Quod executioonem judicij nuper redditi c. de loquela quae fuit c. per breve nostrum c. sine dilatione Fieri fac ' and thereupon an Alias Plur ' and Attachment c. do lye By the meeting together upon Adjournment of the Cause out of the Court where the Cause dependeth c. all the Judges c. which now we call an Exchequer Chamber Cause Warranted by the Common Law and Ancient Presidents before this Statute and the frequent use of this Court of Exchequer Chamber hath been the Cause that this Court upon the Act of 14 E. 3. hath been rarely put in ure By the King 's Writ comprehending Quod si difficultas aliqua intersit that the Record should be certified into the Parliament and to Adjourn the parties to be there at a certain Day Si obscurum difficile sit Judicium ponantur judicia in respect ' usque magnam curiam An excellent Record whereof you may read in the Parliament holden at Westminster the Tuesday after the Translation of St. Thomas Becket Annâ— 14 E. 3. Secondly By Acts of Parliament Nulli vèndemus nulli negabimus aut differemus justitiam vel rectum That it shall not be commanded neither by the Great Seal nor by the Little Seal nor by Letters nor any other cause to delay Right and albeit such commandment come c. that by them the Justices surcease not to do Right in no manner In divers cases the party grieved shall have an Action for unjust delay Tolle moram semper nocuit differre paratis But seeing neither the Common Law nor any of the Acts of Parliament do extend to Ecclesiastical Courts it is then demanded What if an Inferiour Ordinary will refuse or delay to admit and institute a Clerk presented by the right Patron to a Church within his Diocess or the like or delay or refuse to give Sentence in a Case depending before him It is Answered That the Archbishop of the Province may grant his Letters under his Seal to all and singular Clerks of his Province to admonish the Ordinary within Nine days to perform that which by Justice is desired or otherwise to cite him to appear before him or his Official at a day in those Letters prefixed and to cite the party that hath suffered such delay then and there likewise to appear and further to intimate to the said Ordinary that if he neither perform that which is enjoyned nor appear he himself without further delay will perform the Justice required or in the former of the said Cases the party delayed may have his Quare impedit but that is thought not to be so speedy a remedy Cokes 4 Inst cap. 6. The Kings Bench Court THis Court is so called because antiently the King sat there sometimes in Person upon a high Bench and the Judges upon a low Bench at his Feet to whom the Judicature belongs in the absence of the King And the Pleas here are betwixt the King and Subject As for Treasons Felonies Breach of the Peace Oppression Misgovernment c. And moreover it examineth and corrects all Errors in facto and in jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer And in this Court are Four Judges First The Lord Chief Justice created by Writ thus Mathis Hale Militi Salutem Sciatis quod constituâ—mus vos Justiciarium Nostrum capitalem ad Placita coram nobis tenenda durantâ— bene placito Nostro Teste me ipso apâ—l Westminst Three other Judges hold their Places by Letters Patents in these word Rea Omnibus ad quos Praesentes Litterae peâ—â—nerint Salutem Sciatis quod Constituâ—mus Dilectum Fidelem R.R. Militem unâ—â— Justiciariorum ad placita coram nobis â—â—nenda durante bene placito nostro Testâ— c. These Judges and all the Officers of this Court have Salaries from the King and the Chief of them Liveries out of the great Wardrobe In this Court all young Lawyers who have been called to the Bar are allowed to Plead and Practise This Court may grant Prohibition to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction thereof is General and extendeth to all England is more uncontrolable than any other Court because the Law presumes the King always is present there in Person None may be Judge here but a Serâ—eant who upon taking his Degree is obliged to wear a Lawn Coif under â—his Cap for ever after The King hath wholly left matters of Judicature according to his Laws to his Judges and albeit the Delinquent shall be Fined at the Will of the King Non Dominus Rex Camera sua nec aliter nisi per Justiciarios suos Finem imponit Errors in the Kings Bench cannot be reversed except in certain particular cases by Stat. 27 Eliz. c. 8. wherein the â—urisdiction of the Court is saved but in the High Court of Parliament A Record brought into this Court cannot as it were being in its Center be remanded back unless by Act of Parliament But Indictments of Feâ—onies and Murders may be remanded â—nd sent by the Justices of that Court â—nto the several Counties The Justices of the Kings Bench may grant a Nisi prius in case of Treason Felony and other Pleas but if they perceive an Indictment to be removed into that Court by practise or for delay they may send it back again for Justice to be done In this Court the Sentence is giveâ— by the Chief Justice the others all 〈◊〉 the most part assenting If they cannot agree it is referred to a Demurrer iâ— the Exchequer Chamber before all the Judges of both Benches and Chieâ— Baron of the Exchequer And now 〈◊〉 us speak somewhat of The Officers THe Prothonotary recordeth all Judâ—ments Orders and Rules of Courâ—â— and all Verdicts given being not 〈◊〉 Crown matters The Secondary is his Deputy for 〈◊〉 said Cause who keeps and makâ— up these Records in Books and alwayâ— attends the Court. The Clerk of the Crown Frames 〈◊〉 Indictments of Felony Treason Mâ—ther c. all manner of Appeals aâ—â— is after to Record them and enter 〈◊〉 Verdict and to make and keep thâ— Records of these matters And hath 〈◊〉 Deputy The Clerk of the Exigents Frames 〈◊〉 Process of Exigi facias and Recoâ—â— the Oulawry The Clerk
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
Priviledges and Franchises are taken from them and a Guardian set over them as was done by Hen. the Third and Ed. the First He is usually Knighted by the King before the end of his Mayoralty if he had not that Honour before His and the Sheriffs Tables are open to all comers and for his Grandeur is allowedâ— 1000 l. for his Sword-bearers Table His Domestick attendance is very Honourable and hath Four Officers reputed Esquires by their places viz. The Sword-bearer Common Hunt who keepeth a Kennel of Hounds Common Cryer and the Water Bailiff There is also the Coroner Three Serjeant Carvers Three Serjeants of the Chamber A Serjeant of the Channel Four Yeomen of the Water-side One under Water Bailiff Two Yeomen of the Chamber Three Meat weighers Two Yeomen of the Wood-wharfs most of which have their Servants allowed them and have Liveries for themselves Upon the Death or Demise of the King he is said to be the Prime Person of England On the day of the Kings Coronation he claims to be chief Butler and to bear the Kings Cup amongst the Highest Nobles of the Kingdom His Authority reaches not only over all the City but part of the Suburbs and on the River of Thames Eastward as far as Yendale or Yenleete and Westward as far as Colney Ditch above Stanes Bridge and keeps several Courts in the Counties adjacent to the Thames for Conservation of the River and Punishment of Offenders therein And there are Two Sheriffs of London who are also Sheriffs of the County of Middlesex and are Annually chosen by the Citizens from among themselves in the Guild-hall upon Midsumer day approved by the King and then upon Michaelmas Eve Sworn and presented to the Barons of the Exchequer to be allowed by the Barons and Sworn If the Persons so chosen refuse to hold they incur a Penalty unless they will make Solemn Oath they are not worth 10000 l. Twenty six Aldermen Preside over the 26 Wards of the City When any of these die The Lord Mayor and Aldermen chuse another out of the most substantial Men of the City and if any so chosen refuse to hold he is commonly fined 500 l. All the Aldermen who have been Lord Mayor and the Three eldest who have not yet arrived to that Honour are by their Charter Justices of Peace And this City of London is Camera Regis Reipublicae Cor totius Angliae Epitome To the Lord Mayor and the City of London belong divers Courts of Judicature amongst which the chief is The Court of Hustings DOmus Causarum Hus being in the Saxon Tongue House and Dhing Things It is the Highest Court of London And is holden before the Lord Mayor and Sheriff or now in the Sheriffs absence Six Aldermen which sit in Court there every Tuesday altho' that it may not seem to Vary from the Command of St. Edward the Confessor that it should be holden every Monday it is still written to be holden on the Monday And hath Cognizance of all Pleas Real mixt and Personal For the Rule in the Register is Quodlibet breve quod tangit Liberum Tenementum in London dirigitur Majori sive Custodi Vicecomitibus Et â—lia Brevia tantum Vicecomitibus By Fleta lib. 28 48. It appears that the name or Court is not appropriated to London only for the King hath his Court in Civitatibus Burgis Locis Exemptis sicut in Hustingis London Winton Lincoln Eborum apud Shepway ubi Barones Cives Recordum habent c. One Week the Judges sit upon Pleas Real The next upon Actions mixt or of any other nature So that all Lands Tenements Rents and Services within London and the Liberties and Suburbs thereof are Pleadable at Guild-Hall in two Hustings one called Husting de placito Terrae and the other Husting Commun ' Placitorum And if a Man be impleaded in the Common Pleas of Lands in London The Tenant shall say the Lands are in London and time out of mind c. every one hath been impleaded for them within the City in the Hustings But since Real Actions have grown out of use by trying Titles by Ejectionâ— firmae The ancient Customs and Practise of this Court are much declined The Sheriffs Court in London THe Two Sheriffs keep each of them a Court of Record within the City by Prescription or Custom where they hold Plea of all personal Actions and have belonging to these Courts Two Prisons called Compters the one in Wood-street The other in the Poultry They hold Two Court-days each in every Week That for Wood-street on Wednesdays and Fridays And that for the Poultry Compter on Thursdays and Saturdays In Plaint of Debt the Custom is the Sheriffs Ore Tenus send to the Serjeants to Summon or Attach the Defendant without Warrant and upon Nihil Returned within the City the Serjeants by Commandment from the Sheriff have used to Attach and Arrest the Defendant to have his Body at the next Court before the Sheriff at the Guild-Hall They certifie their Records in that manner but the usual practise is to enter an Action in the Office for that purpose at one of the Compters which Action must be carefully entred for it is the Original of that Court by which you declare and from which there can be no variance And when an Action is entred the Serjeant may Arrest the Defendant and bring him into Custody until he find Bail to answer the Condemnation which Bail is taken by one of the Clerk Sitters at the Compter who constantly attend The Plaintiff ought to declare the first Court after the Defendant is Arrested although further time is usually given Ex gratia Curiae per mot ' But if the Plaintiff have no Attorney the first Court a Non-suit may be had by the Defendant If the Defendant be a Freeman he hath four defaults But they are allowable only in Debt Accompt or Covenant broken and not otherwise If the Defendant be in the Compter he is brought to the Bar by a Duci facias which is but the Sheriffs Mandate made by the Clerk of the Papers They have in each Court a Steward or Judge who is Learned in the Laws and besides their particular Customs their Proceedings are generally according to the Common Law at Westminster But of their particular practise Vide Compleat Sollicitor and others There is also in London a Court of Chancery or Equity held before the Lord Mayor which is commonly called The Court of Conscience WHerein they do proceed by English Bill Answer Replication and Rejoynder much like the Proceedings in the High Court of Chancery And the Custom of London is when a Man is Impleaded before the Sheriff The Mayor may send for the Parties and for the Record upon Suggestion of the Defendant and Examin the Parties upon the Pleas and if it be found upon Examination that the Plaintiff is satisfied The Mayor may award the Plaintiff shall be Barred But by no Custom he
Chancellor To observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every year on the day of St. Scholastica being 10 February a certain number of the Principal Burgesses Publickly and Solemnly do pay each one a Penny in token of their Submission to the Orders and Rights of the University By Charter of Hen. the Fourth It is left to the choice of the Vice Chancellor whether any Member in the University there Inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Tho' now where Life or Limb is concerned the Criminal is left to be Tried by the Laws of the Land No Student of the University may be Sued at Common Law for Debts Accompts Contracts Injuries c. but only in the Courts of the Vice-Chancellor who hath Power as aforesaid to Determine and Punish Delinquents To Imprison Inflict Corporal Punishment To Excommunicate To Suspend and to Banish The Universities are Subject to the Visitation or Correction of none but the King or whom he please to Commissionate The Chancellor and in his absence the Vice-Chancellor is not only in Place but in all Affairs of Moment though concerning the City it self Superiour to the Mayor of the Town All Members of the University are subject to the Vice-Chancellor and his Judicial Courts which are Ruled wholly by the Civil Law By the Statute of 13 Eliz. The Two Universities are Incorporated albeit they were ancient Corporations before All Letters Patent Liberties Priviledges c. granted to either of the Universities are Established and Confirmed King James the First Honoured both Universities with the Priviledge of sending each Two Burgesses to Parliament The Terms in Oxford begin the First on the 10 of October and ends the 17 of December and is called Michaelmas Term Second called Hillary or Lent Term begins the 14 of January and ends the Saturday before Palm Sunday The Third called Easter Term begins the 10 day after Easter and ends the Thursday before Whitsunday The Fourth is called Trinity Term beginning the Wednesday after Trinity Sunday and ends after the Act sooner or later as the Vice-Chancellor and Convocation think meet There are besides in Oxford many stately publick-Schools The famous Bodleian Library which for a Noble Lightsom Fabrick number of choice Books curious Manuscripts diversity of Languages Liberty of Studying Facility of finding any Book may equal the Famous Vatican The Curious Architecture of the Theater The Excellent Printing Presses The Publick Physick Garden c. are not for our purpose further to describe Cambridge WHat hath been said of Oxford may suffice for the University and Town of Cambridge which if she will in Complaisance at any time give place to Oxford yet at the same time she will Challenge it before any other University in the Christian World But in some few things she differs from Oxford as for that The Chancellor is not so Durante Vita but may be elected every Two years Aut manere in eodem Officio durante Tacito Consensu Senatus Cantabr ' He hath under him a Commissary who holds a Court of Record of Civil Causes for all Priviledged Persons under the Degree of Master of Arts where all Causes are Tried and Determined by the Civil and Statute Laws and by the Customs of the University The High Steward is chosen by the Senate and holds by Patent from the University The Vice Chancellor is chosen yearly by the Senate on the 3d day of November Out of Two Persons nominated by the Heads of the several Colledges and Halls The Two Proctors are chosen every year as at Oxford according to the Circle of the Colledges and Halls There are also Two Taxers who with the Proctors have care of Weights and Measures as Clerks of the Market There are also Three Squire Beadles and one Yeoman Beadle The Students here have no Houses but what are Endowed For the Colledges and Halls differ only in name And these Houses Endowed are but Sixteen viz. St. Peters Colledge Clare Hall Pembroke Hall Corpus Christi Colledge alias Bennet Colledge Trinity Hall Convile and Cains Colledge Kings Colledge Queens Colledge St. Katherines Hall Jesus Colledge Christs Colledge St. Johns Colledge Magdalen Colledge Trinity Colledge Emanuel Colledge Sussex and Sidney But these are generally so large that the number of Students is commonly little different from those of Oxford Degrees at Cambridge are usually taken as at Oxford Except in Law and Physick whereof after Six years they may take the Degrees of Batchelour and after Five years more that of Doctor The first Tuesday of July is always Dies Comitiorum there called the Commencement Wherein the Masters of Arts and the Doctors of all Faculties compleat their Degrees respectively as the Batchelours of Arts do in Lent beginning at Ashwednesday Many Priviledges have been likewise granted by several Kings to this University As every Michaelmass-day The Mayor of the Town at the Entrance into his Office takes a Solemn Oath before the Vice Chanceller to Observe and Conserve the Priviledges Liberties and Customs of the University Also on Friday before St. Simon and Jude at a Magna Congregati in St. Maries Church The Mayor brings with him Two Aldermen Four Burgesses and Two of every Parish to take their Oaths before the Vice Chancellor for the due search of Vagabonds Suspected Persons c. At the same are Sworn 14 Persons for the University and Fourteen for the Town to look to the Paving and Cleansing of the Street The University hath also a Court Leet held twice every year wherein are presented all Nusances c. The Terms in Cambridge begin Lent Term the the 13 of January and ends the Friday before Palm-Sunday Easter Term the Wednesday after Easter Week and ends the Week before Whitsuntide Trinity Term the Wednesday after Trinity Sunday and ends the Friday after the Commencement and Michaelmass Term begins the 10 of October and ends the 16 of December Cambridge lies in 52 Degrees 20 Minutes Northern Latitude Both these Universities are Two easie days Journey from the Capital City of London and about the like Distance from each other The Government of Boroughs in England ANd other Towns Corporate Is much after the same manner with Cities In some there is a Mayor in others One or Two Bailiffs who have equal Power with the Mayor and Sheriffs and during their Offices they are Justices of Peace within their Liberties and have there the same Power that other Justices of Peace have within their County The Government of Villages in England IN every Village is a Government Ecclesiastical and Civil which if only observed might render the whole Kingdom Happy And first the The Ecclesiastical Government of Villages THe Parson or Vicar who hath Curam Animarum The care of the Souls of his Parishioners For which he hath the Tithes Glebe and Church Offerings And hath under him The Church-wardens and Sides Men
the Second in Propriety unto the Right Honourable Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley after Earl of Shaftsbury Sir George Carteret after Lord Carteret Sir John Coleton Knight and Baronet and Sir William Berkley Knight By which Letters Patent the Laws of England are to be in force in Carolina But the Lords Proprietors have power with the Consent of the Inhabitants to make By Laws for the better Government of the said Province so that no Money can be Raised or Law made without the Consent of the Inhabitants or their Representatives They have also power to appoint and impower Governours and other Magistrates to grant Liberty of Conscience make Constitutions c. with many other great Priviledges as by the said Letters Patent will more largely appear And the said Lords Proprietors have there settled a Constitution of Government whereby is Granted Liberty of Conscience and wherein all possible Care is taken for the equal Administration of Justice and for the lasting Security of the Inhabitants both in their Persons and Estates by the Care and Endeavours of the said Lords Proprietors and at their very great Charge Two Colonies have been settled in this Province the one at Albemarle in the most Northerly part the other at Ashley River which is in the Latitude 32 Degrees odd Minutes Care is taken by the Lords Proprietors That no Injustice be done the Natives who are here in perfect Friendship with the English in order to which is established a particular Court of Judicature to Determine all Differences The Lords Proprietors do at present Grant to all Persons that come to Inhabit there several reasonable Advantages to all Conditions of Men and sell their Land to any after the Rate of 50 Pounds for 1000 Acres The manner of Purchasing is The Party seeks out a place to his mind not possessed by any other then applies to the Governovr and Proprietors Deputies who thereupon Issue out their Warrant to the Surveyor General to measure him out a Plantation who making Certificate That he hath Measured out so much Land appointed a Deed is prepar'd of course which is Signed by the Governour and the Lords Proprietors Deputies and the Proprietors Seal affixed to it and Registred which is a good Conveyance in Law of the Land therein mentioned to the Party and his Heirs for ever Thus having Travelled the Main Land of America we must Cross the Seas and take a View of the Islands belonging to the Crown of England in the West Indies The first being Bermudas OR Summers Islands which are a Multitude of Broken Isles some write no less than 400 scituate directly East from Virginia from which they are distant 500 English Miles and 3300 Miles from the City of London so named from John Bermudaz a Spaniard after Summers Islands from the Shipwreck of Sir George Summers there The Island of more Fame and Greatness than all the rest and to which the Name of Bermudaz is most properly ascribed is scituated in the Latitude of 32 Degrees and 30 Min. North. The Air is sound and healthy very agreeable to the English Bodies the Soil as fertile as any well Watered plentiful in Maize of which they have Two Harvests yearly that which is sowed in March being cut in July and what is sowed in August is mowed in December No Venemous Creature is to be found in this Isle nor will Live if brought thither and besides these Advantages it it so fenced about with Rocks and Islets that without knowledge of the Passages a Boat of Ten Tun cannot be brought into the Haven yet with such knowledge there is Entrance for the Greatest Ships The English have since added to these Natural Strengths such Artificial Helps by Block Houses Forts and Bulwarks in convenient places as may give it the Title of Impregnable It was first Discovered rather Accidentally than upon Design by John Bermudas a Spaniard about 1522 and thereupon a Proposition made in the Council of Spain for settling a Plantation therein as a place very convenient for the Spanish Fleet in their Return from the Bay of Mexico by the Streights of Bahama yet was it neglected and without any Inhabitants till the like Accidental coming of Sir George Summers sent to Virginia with some Companies of the English by the Lord De la Ware in 1609 who being Shipwreck'd on this Coast had the Opportunity to survey the Island which he so well liked that he Endeavoured to settle a Plantation in it at his Return in 1612. The first Colony was sent over under Richard More who in Three years Erected 8 or 9 Forts in convenient places which he planted with Ordnance In 1616 a New Supply was sent over under Captain Tucker who apply'd themselves to sowing of Corn setting of Trees brought thither from other parts of America and Planting that gainful Weed Tobacco In 1619. the Business was taken more to Heart and made a Publick Matter many Great Lords and Persons of Honour being interested inâ— it Captain Butler was sent thither with 500 Men. The Isle was divided into Tribes or Counties a Burrough belonging to each Tribe and the whole reduced to a settled Government both in Church and State according to the Laws of England After this all succeeded so well that in 1623 there were said to be 3000 English and Ten Forts whereon were planted Fifty Pieces of Ordnance their Numbers since increasing daily both by Children born within the Island and Supplies from England All the Isles together represent an Half-Moon and Inclose very good Ports as the Great Sound Harrington Inlet Southampton and Paget's Bay with Dover and Warwick Forts having their Names from the Noble Men who were Undertakers therein The greatest Isle is called St. George five or six Leagues long and almost throughout not above a quarter or half a League broad The Air is almost constantly Clear Except when it Thunders and Lightens is extream Temperate and Healthful few dying of any Disease but Age so that many remove from England hither only to enjoy a long and healthful Life and after having continued there are fearful of Removing out of so pure an Air. The very Spiders here are not Venemous but of divers curious Colours and make their Web so strong that oftentimes small Birds are entangled and caught therein Their Cedar Trees are different from all others and the Wood very sweet In 1685. the Governour hereof was Sir Henry Heydon The Caribee Islands NExt present themselves so called in General because Inhabited by Canibals or Man-eating People at the first Discovery as the word Caribee imports They ly extended from the Coast of Paria to the Isle Porto Rico many in number 27 of them known by proper Names In Nine whereof the English are concerned viz. Barbuda Anguilla Montserrat Dominica St. Vincent Antegoa Mevis or Nevis St. Christophers and Barbadoes And first in Barbuda SCituate in 17 Degrees of North Latitude
Jurisdiction of the Ordinary be saved as by 1 Eliz. in case of hearing Mass or 13 Eliz. for Usury or the like neither Clerk nor Layman shall be compelled to take Juramentum Calumniae because it may be an Evidence against him at the Common Law upon the Penal Statutes The Oath Juramentum Calumniae was warranted by Act of Parliament It is an High Contempt to Minister an Oath without Warrant of Law to be punished by Fine and Imprisonment A Christian may not induce an Infidel or Idolater to Swear by false Gods but may take his Credit by so Swearing to a good end Coke's 4 Inst 155. No Ecclesiastical Person shall tender the Oath Ex Officio or any Oath whereby the party shall be compelled to Accuse or Purge himself See Statutes Title Crown 162. The 2 Houses of parliament being either of them Courts may take voluntary Oaths Coke's 2 Inst. 536. The Lord Coke saith I wonder so little consideration is had of an Oath as I daily observe Cum jurare per Deum actus Religionis sit Quo Deus testis adhibetur tanquam is qui sit omnium rerum Maximus c. Coke's 4 Rep. 95. Slade's Case Jurare in propria causa est Saepenumero hoc Seculo praecipitium Diaboli ad destruendas miserorum animas ad infernum Coke's 4 Rep. 95. Slade's Case See before in Commissioners for Examination of Witnesses Page 203. To the King's Swanherd BY Stat. 1 Jac. 1.27 Every Person Convicted by his Confession or 2 Witnesses before 2 or more Justices of Peace To have killed or taken any Pheasant Partridge Pigeon Duck Heron Hare or other Game or to have taken or destroyed the Eggs of Pheasants Partridges or Swans shall by the said Justices be Committed to Prison without Bail unless he pay 20 s. to the use of the Poor for every Fowl Hare and Egg And after one Months Commitment to give Sureties in 20 l. each never to offend Vide Statutes for Preservation of the Game All White Swans not marked which have gained their Natural Liberty and are Swimming in an Open and Common River may be seized to the King's use by his Prerogative Because Volatilia Quae sunt ferae naturae alia sunt Regalia alia Communia And so Aquatilium alia sunt Regalia alia Communia And as a Swan is a Royal Fowl and all those the Property whereof is not known do belong to the King So Whales and Sturgeons are Royal Fishes and belong to the King But the Subject may have property in White Swans not marked as in his own private Waters And if they go out of those private Waters into Open and Common Rivers yet Eousque nostra intelliguntur quandin habuerunt animum revertendi The like are Cervi Pavones Columbae hujusmodi Resolved That every one who hath Swans within his Manor that is to say within his private Waters hath a property in them For a Writ of Trepass was brought of wroungful taking his Swans scilicet Quare Cygnos suos c. 2. One may prescribe to have a Game of Swans within his Manor as well as to have a Warren or a Park 3. He who hath such a Game of Swans may prescribe that his Swans may Swim within the Manor of another 4. A Swan may be an Estray and so cannot any other Fowl Coke's 7 Rep. 16. Case of Swans The Custom of the County of Bucks is for him who hath property of Swans in the Thames to have two Cygnets and Owner of the Land where the Swan buildeth shall have one Cygnet If one â—ave a Cock and tother a Hen the â—ygnets of them shall be equally divided between them None can have a Swan-mark called Cygni-nota but by Grant of the King or of his Officers thereto authorised or by Prescription and if a Man hath a Swan-mark and hath Swans swimming in an open River lawfully marked therewith they belong to him ratione Privilegii and he may grant such Swan-mark over But if he hath not Five Marks per Annum he forfeits his Swan-mark The King may grant Swans unmarked and by consequence a Man may prescribe to have Swans unmarked in such a place In some Creatures which are ferae Naturae a Man hath Jus Proprietatis and in others Jus Privilegii and there are three kinds of Property 1. Absolute 2. Qualified 3. Possessory Of all which you may read in Coke's 7 Rep. 16 to 18. Case of Swans By Stat. 22 Ed. 4.6 None but the King's Son shall have any Mark or Game of Swans of his own or to his use except he hath Lands and Tenements of Freehold worth Five Marks per Annum besides Reprizes in pain to have them seized by any having Lands of that Value to be divided between the King and the Seizor See before in The King's Swanherd Pag. 204. To the King's Aulnager NOte by Stat. 12 Ed. 3.3 No Clothes made beyond Sea shall be brought into the King's Dominions on pain to forfeit the same and to be further punished at the King 's Will. By Stat. 11 Ed. 3.5 Cloath workers of strange Lands which come into the King's Dominions shall have the King's Protection dwell where they please and have convenient Franchises granted unto them By Stat. 17 E. 3. Stat. 1.4 Cloaths shall not be forfeit for want of Measure but the Aulnager shall measure them and fix a Mark thereunto expressing what each Cloath contains By Stat. 3 R. 2.2 the Aulnager shall not feal a pieced Cloath in pain that the Owner shall forfeit the Cloath and the Aulnager his Office By Stat. 17 R. 2.2 No Cloath shall be sold before it be measured and sealed by the Aulnager upon the Pains contained in the Statutes thereof made By Stat. 4. H. 4.24 the Aulnage may be let to Farm by Improvement according to the Discretion of the Lord Treasurer and barons of the Exchequer notwithstanding the Statute of 17 R. 2. And much more of his Office and Duty and Measuring Regulating and making of Cloaths c. you may read in the many divers Statutes concerning the same Vid. the Statutes concerning Drapery See before in the King's Aulnager Page 205. To the Court of the Sessions of the Peace A Justice of Peace may make a Warrant to bring the Party before himself but if the Warrant be any Justice then the Constable may carry the Party before whom he will Coke's 5 Rep. 59. Foster's Case Where Stat. 8 H. 6. speaketh of Justices of Peace Justices of King's-Bench are within the Statute because they have the Sovereign and Supreme Authority in such Cases Stat. 5 H 4. Enacts That no Justice of Peace shall commit any to Prison but only in the Common Goal saving to Lords and others who have Goals their Franchises in such Case Therefore Justices of Peace offend in committing Felons c. to the Compters in London Coke's 9 Rep. 118 119. Lord Sanchar's Case A Justice of Peace upon the View of the Force may commit but he ought to
in London Page 400 Chartereux in London Page 404 Cambridge City Page 426 Civil Government of Villages Page 431 Carolina Page 512 Caribee Islands Page 519 St. Christophers Page 526 Court of First-fruits and Tenths c. Page 548 D. DIvine Law Page 6 Delegates Court Page 44 Durham County Palatine Court Page 252 De Conservatore Treugarum i. e. Induciarum c. Page 302 Dominica Island Page 522 E. ENgland's Government Page 22 Ecclesiastical Government of England Page 28 Executive power in Causes Ecclesiastical Page 36 Executive power in Temporal Affairs Page 80 Exchequer Court Page 127 Eyre Justices Court Page 193 Execution of Laws in each County Page 222 Escheator 's Court Page 239 Ely's Royal Franchise Page 254 Ecclesiastical Government of the King's Court Page 308 Ecclesiastical Government of the Queen's Court Page 341 Ecclesiastical Government of Cities Page 344 Ecclesiastical Government of London Page 347 Ecclesiastical Government of Villages Page 431 English Plantations in Asia Page 491 English Colonies in Africa Page 492 English Plantations in America Page 492 F. FUndamentals of the Laws Page 8 Forrest Justices Court Page 175 Franchise of Ely Page 254 Franchise of Hexam and Hexamshire Page 255 First-fruits and Tenths Ecclesiastical Page 548 G. GOvernments in General Page 1 Government of England Page 22 Government Ecclesiastical of England Page 28 Government civil of England Page 51 Gaol-Delivery Justices Court Page 169 Government of Counties in England Page 207 Great Sessions in Wales Page 270 Government Military of England Page 275 Government Ecclesiastical of the King 's Court Page 308 Government civil of the King's Court Page 312 Green-cloth Court Page 315 Government Military of the King's Court Page 338 Government of the Queen's Court Page 341 Government Ecclesiastical of the Queen 's Court Page 341 Goveonment civil of the Queens Court Page 342 Government of Cities Page 344 Government Ecclesiastical of Cities Page 344 Government civil of Cities Page 345 Government Ecclesiastical of London Page 347 Government civil of London Page 348 Government Military of London Page 363 General Post-Office Page 381 Gresham Colledge in London Page 402 Government of the two Universities Page 415 Government of Boroughts in England Page 430 Government of Villages in England Page 430 Government Ecclesiastical of Villages Page 431 Government civil of Villages Page 431 Guernsey olim Servia Page 437 Government of Scotland Page 445 Government of Ireland Page 463 Guinea Page 492 Guardian of England Page 540 H. HUmane Law what Page 7 High Commission Court Page 36 High Court of Parliament Page 51 535 High Stewards Court Page 81 539 High Court of Chancery Page 90 Hundred Court Page 233 630 Heralds Colledge Page 283 Hustings Court Page 351 Halmote Court Page 358 Hebrides Islands Page 460 I. JUstices of Assize Nisi-prius Court Page 144 Justices of Oyer Terminer Court Page 153 Justices of Gaol-delivery Court Page 169 Justices of the Forrest Court Page 175 Justices in Eyre's Court Page 193 Justices of Trailbastons Court Page 195 Inns of Chancery Page 383 Inns of Court Page 384 Inns of Court manner of keeping Christmas Page 390 Judges Page 394 Islands adjacent unto England Page 433 Jersey olim Caesarea Page 437 Insula Vectis or Vectae Page 439 Ireland Page 463 Jamaica Page 530 K. KING Page 22 King's Bench Court Page 113 King 's Swanherd Page 204 587 King's Aulnager Page 205 590 King of England's Court Page 308 Knight Marshal Page 320 King 's great Wardrobe Page 332 St. Katherine's Page 378 Keeping Christmas in the Inns of Court Page 390 L. LAws in General Page 4 Law Eternal Page 4 Law of Reason Page 5 Law Divine Page 6 Law Humane Page 7 Law fundamentals Page 8 Laws and Constitutions Ecclesiastical Page 45 Leet Court Page 224 Law study Page 383 London Page 346 Lindisfarne Page 441 M. MOney collected for Houses of Correction or for the Poor Page 166 Mayor of the Staple's Court Page 263 Military Government of England Page 275 Maritime Power of England Page 287 Marshalsea Court Page 321 Military Government of the King's Court Page 338 Mayor and Aldermens Court Page 356 Military Government in London Page 363 Mootings in the Inns of Court Page 388 Mootings in the Inns of Chancery Page 390 Manner of holding Parliaments in the Inns of Court Page 392 Man Isle Page 433 Mariland Page 507 Montserrat Page 521 Mevis or Nevis Page 524 N. NAvy Office Page 295 Norwich City Page 411 Newfoundland Page 494 New England Page 496 New York Page 500 New Jersey Page 504 Nevis or Mevis Page 524 O. OFfice of Pleas in the Exchequer Page 142 Office of Tents Page 335 Office of the Robes to the King Page 335 Officers of the Robes to the Queen Page 342 Orphans Court Page 356 Office of the Ordnance Page 368 Office of the Warden of the Mint Page 373 Office of Records in the Tower Page 375 Oxford Page 415 Orcades Page 459 P. PRivy Council Page 22 Prerogative Court of Canterbury Page 40 Punishments by Ecclesiastical Courts Page 47 Punishments Ecclesiastical peculiar to the Clergy Page 49 Parliament High Court Page 51 535 Pipowders Court Page 246 Pembroke Palatine's Cuort Page 255 President and Council in the North Page 258 Principality of Wales Page 266 President and Council of Wales Court ibid. Port Courts Page 298 Parliament-holding in the Inns of Court Page 322 The Palace ibid. Post-Office General Page 381 Physicians Colledge in London Page 400 Plantations in Asia Page 491 Plantations in Africa Page 492 Plantations in America ibid. Pensylvania Page 505 Protector of England Page 540 Q. QUeen of England's Court Page 341 R. ROyal Franchise of Ely Page 254 River of Thames Conservator's Court Page 360 S. STar-chamber Court Page 104 Swanherd Page 204 587 Sessions of the Peace Court Page 210 Stannaries Court in the County of Devon and Cornwall Page 261 Lord Steward 's Court Page 324 325 Sheriffs Court in London Page 352 Serjeants Inns Page 392 Serjeants Call or Creation Page 393 Sion Colledge Page 403 Schools in London Page 405 Southwark ibid. Sorlings Page 440 Scotland Page 445 Scottish Isles or the Lesser-Islands near Scotland Page 459 Schetland I. ibid. T. TRyals Ecclesiastical in civil Causes Page 46 Tryals Ecclesiastical in criminal Causes ibid. The Tourn Page 223 Tower of London Page 365 Tangier Page 492 V. UNiversities Page 415 Virginia Page 510 St. Vincent Page 523 260 W. WItnesses Examination by Commissioners Page 203 Wardens Courts c. Page 260 Wales 266 Wardrobe of the King 332 Wardmote Inquest 358 Westminster City 406 Wight Island 439 Y. YEomen of the Guard 340 FINIS ERRATA PAge 14. line 11. read Escheators p. 17. l. 31. r. the. p. 21. l ult for of the Laws of England r. of the Jame p 25. l. 11. the Comma at without Warrant p. 57. l. 4. r. Roy. p. 69. l. 4. r. Martial p. 74. l. 23. r. The Stat of p. 78. l. 1. r. Sess 2. cap. 4. p. 102. l. 20. r. by a Deputy p 114. l. 12. r. Westminster p. 133. l. 4. r. Auditeth p. 136. l. 13. r. 2d p. 141. l ult r. 4. Instit p. 171. l. 10. r. plevisable p. 182. l. 7. r. circa l. 3. for nolucrint r. vâ—lâ—â—rint p. 185. l. 22. r belong p. 190. l. 15. r. nor p. 193. l. 19. r. of a Commission p. 201. l. 24. r. Banque p. 307. l. 15. dele in p. 209. l. 18. dele and. p. 225. l. 27. r. Easter p. 243. l. 10. r. Drachme l. 17. r. Avoir p. 275. l. 15. r. Pay p. 276. l. 21. r. were heretofore p. 279. l. 13. r. scale p. 280. l. 5. r. seale l. 7. r. surcease l. 13. surcease 281. l. 4. r. fact ' l. 16. r. Foy p. 291. l. 3. r. 62432. pounds p. 298. l. 19. r. 4 Instit 147. p. 301. r. Lynne p. 302. l. 6. r. Raised p. 303. l. 24. the Comma at concitat p. 304. l. 27. r. Foreign p. 306. l. 23. r. to that Sin p. 307. the Comma at Tacitus p. 327. l. 26. r. stick p. 350. l. 21. r. Camera Regis Reipublicae Cor totius Angliae Epitome p. 353. l. 6. dele and if they be not Inrolled p. 407. l. 13 r. secular p. 411. l. 17. for ortam r. ortum p. 463. l. ult r. called p. 464. l. 24. r. Belfast p. 468. l. 8. r. Universities one p. 476. l. 27. r. Ego p. 486. l. 6. r. Alienigena l. 19. r. 25. p. 510. l. 27. r. as p. 564 r. Plea p. 565. l. 4. r. F. N. B. 27 28 l. 7. r. 100. p. 570. l. 29. r. new framed p 579. l. 15. r. Testmoignes l. ult r. Bokland p. 607. l. 25. r. Letae