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
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
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
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
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
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
Law-Books lately Printed for J. Walthoe in the Temple Cloysters 1 COke's Reports with References to all the Ancient and Moderâ— Books of the Laws in 11 Vol. Fol. 2. Dalton's Countrey Justice with large Additions Fol. 3. Cases argued and decreed in the High Court of Chancery Fol. 4. A Collection of the Orders relating to the Practice of the Courts of Chancery and Exchequer 12mo 5. The Law of Common and Commoners or a Treatise shewing the Original and Nature of Common 8vo 6. The Method of Pleading by Rule and President 8vo 7. The Compleat Sheriff wherein is set forth his Office and Authority together with that of a Coroner 8vo 8. A View of the Penal Laws concerning Trades Professions and Traffick and what Offences are punishable in the Crown Office 12mo 9. The Abridgement of the Statutes of King William 8vo 10. Bridgman's Conveyances is now in the Press and will be speedily published with Additions Fol. 11. Tryals per Pais or the Laws of England concerning Juries 8vo A COMPENDIUM OF THE Laws and Government Ecclesiastical Civil and Military OF ENGLAND SCOTLAND IRELAND AND DOMINIONS Plantations and Territories Thereunto belonging WITH THE Maritime Power thereof AND Iurisdiction of Courts THEREIN Methodically Digested under their Proper Heads By H. C. sometime of the Inner-Temple LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold by Iohn Deeve at Bernard's-Inn-Gate in Holbourn 1699. THE PREFACE TO THE READER AT my first Entrance into the Study of the Laws of England knowing Method and Order conduce much to the enlightning of the Vnderstanding rendring things more perspicuous and comprehensive to the discerning Judgment and sitting them better for the retaining Memory I resolved to observe a Regular Course and therefore searched for such Authors and endeavoured to make use of such Means as might best correspond with my Design therein But among the several Treatises of the Laws and Government of this Kingdom and Jurisdiction of Courts heretofore written by several Eminent and Learned Men finding none were so compleat nor had that Beauty of Order and Vniformity at might be expected And the Lord Coke in the Epilogue to his Fourth Institutets concerning the Jurisdiction of Courts desiring the Wise-hearted and Expert Builders would amend both the Method and Vniformity and the Structure it self where they should find any Deficiency in the Architecture and considering that great Alterations have been made since by divers Acts of Parliament and otherwise I was enduced to compile this Methodical Compendium of the Laws and Government of England and the Dominions thereunto belonging to direct and facilitate my farther Studies But the Importunity of some having prevailed with me to promise contrary to my first Intention and Inclination to make it Publick If it prove beneficial to others it will surmount all the Ambition may be thought to be in Yours To the extent of his Power H. Curson A Table of Contents Governments in General ORiginal of Government Pag. 1 Law is General Pag. 4 Law Eternal ibid. â—aw of Reason Pag. 5 Divine Law Pag. 6 Humane Law Pag. 7 Fundamentals of the Laws of England Pag. 8 The Government of England The Government of England Pag. 22 The King ibib Privy Council ibid. Ecclesiastical Government of England Ecclesiastical Government Pag. 28 Convocation Pag. 32 Executive Power in Causes Ecclesiaical Pag. 36 High Commission Court Pag. 36 Court of Arches Pag. 39 Court of Audience ibid. Court of the Faculties Pag. 40 Prerogative Court of Canterbury ibid. Court of Peculiars 41 Consistory Courts of Archbishops Bishops 42 Court of the Archdeacon or his Commissary 44 Court of Delegates 44 Laws and Constitutions Ecclesiastical 45 Trials Ecclesiastical in Civil Causes 46 Trials Ecclesiastical in criminal Causes 46 Punishments by Ecclesiastical Courts 47 Punishments Ecclesiastical peculiar to the Clergy 49 Civil Government of England Civil Government of England 51 High Court of Parliament 51 535 Executive Power in Temporal Affairs 80 Court of the High Steward of Eng. 81 539 High Court of Chancery 90 Court of extraordinary Jurisdiction 93 Court of the Star-Chamber 104 Court for Redress of Delays of Judgment in the King 's great Courts 108 Court of Kings Bench 113 Court of Common Pleas Court 121 Court of the Exchequer 127 Court of Inquiry to certifie untrue Accompts in the Exchequer 140 Court of Equity in the Exchequer 141 544 Office of the Pleas in the Exchequer 142 Courts of Justices of Assize Nisi-prius 144 Court of Justices of a Oyer and Terminer 153 Court of special Justices of Oyer and Terminer 166 Money collected for the Houses of Correction or for the Poor 166 Colledges Hospitals or Alms-houses or for charitable and lawful Purposes and Uses 167 Court of Justices of Goal-delivery 169 Court of Justices of the Forrest 175 Court of Justices in Eyre 193 Court of Justices of Trailbaston 195 Court of Wards and Liveries 196 Court of Ancient Demesne 196 559 Court of Commissioners of Sewers 198 569 Court of Commissioners upon the Statute of Bankrupts 201 573 Commissioners for Examination of Witnesses 203 578 King's Swanherd 204 587 King's Aulnager 205 590 The Government of Counties in England 207 Court of the Sessions of the Peace 210 Court of Inquiry of the Defaults of Justices of the Peace Justices of Assize Sheriffs and Under-Sheriffs 222 The Execution of Laws in each County ibid. Court of the Tourn 223 595 Court Leet or View of Frankpledge 224 597 County Court 228 615 Court of the Hundred 233 630 Court Baron 235 632 Coroners Court 237 635 Court of Escheators and Commissioners for finding of Offices 239 635 Court of the Clerk of the Market 241 Court of Pipowders 246 Court of the Dutchy-chamber of Lancaster at Westminster 247 Courts of the County Palatin of Chester 251 Court of the County Palatin of Durham 252 Royal Franchise of Ely 254 Court of the County Palat. of Pembroke 255 Franchise of Hexam and Hexamshire 255 Courts of the Cinque-Ports 256 President and Council in the North 258 The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland 260 Court of Stannaries in the Counties of Devon and Cornwall 261 Court of the Mayor of the Staple 263 The Principality of Wales The Principality of Wales 266 Court of the President and Council of Wales 269 The great Sessions in Wales 270 Military Government of England Military Government of England 275 Court of Chivalry before the Constable and Marshal 279 Colledge of Heralds 283 Maritime Power of England Maritime Power of England 287 Court of Admiralty 292 638 Navy Office 295 Court of Commission by force of the Statute 28 H. 8. Cap. 15. 298 Port Courts 298 Commissioners and others for Beacons Signs of the Sea Light-houses Sea-marks and concerning Watches 299 De Conservatore Treugarum i. e. Induciarum c. 302 Court of the King of England Court of the King of England 308 Ecclesiastical Government of the King's Court
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
of the Papers keeps all Rolls Script Pleadings and other things which are not of Record The Custos Brevium Files all Writs Original and Judicial after their Return by the Sheriffs and is chargable for the same if imbezled The Custos Sigìlli Seals all Judicial Writs Patents and Licenses issuing out of the Court and taketh the Fee and thereof makes Accompt The Attorneys which are for Plaintiffs and Defendants in every Cause Frame and make Pleadings The Marshal of the Court who either by himself or his Deputy or Servants attends the Court to receive Prisoners committed to their Custody The Clerk of the Declaration keeps and Files Declarations after they are Ingrossed and continued on the Back from the Term you Declare till Issue Joyned The Clerk of the Rules makes all Rules and Enters them and gives Copies and also Files all Affidavits c. The Phillizers one for each County to make all mean Process after Original in proceeding to the Utlary The Clerk of the Errors allows 〈◊〉 Writs of Error and makes the Supersedeas thereupon and Transcribes the Records into the Exchequer Chamber The Cryers always attend the Court to call Non-suits give Oaths to Wiâ—nesses Jury Men at Tryals and dâ— such other Business as the Court shaâ—â— direct and at the end of every Term do attend the Court. The Porter of the Court who bringâ— all Records into Court when they aâ—â— to be used This Court may Bail any person foâ— any Offence whatsoever and if a Free man in any City Burrough or Towâ— Corporate be Disfranchised unjustly albeit he hath not priviledge in thâ—â— Court yet this Court may relieve the party as appears in Coke's 11 Rep. Jamâ—â— Bagg's Case Et sic in similibus H. P. Captus per querimoniam Mercaâ—â—rum Flandriae imprisonatus offert Domino Regi Hus Haut in plegio ad stâ—â—dum recto ad respondendum praediâ—â—â— Mercatoribus omnibus alijs qui vâ—â—sus eum loqui voluerint c. The French word Hus signifying an Elder-Tree and Haut the Staff of a Halbert aâ—â— thought then to be Common Baâ— changed now to Doo and Roo and thâ—â— then putting in Bail at one Man's Suit was in Custodia Mareschalli to answer all others that should Sue him by Bill and this continueth to this Day A Scire facias to Repeal a Patent of the King may be brought in this Court In Ancient time when Pleas were holden in Parliament when the Parties descended to Issue the Record was Adjourned into the Kings-Bench By Stat. 18 Ed. 3. The Oath to be given to Justices when they take their place is to this effect viz. To serve the King in their Offices To warn them of any Damage do Justice take no Bribe give no Council where he is a Party maintain no Suit nor deny Right though by command from the King To procure the Kings profit and to be answerable to the King in Body Lands and Goods if found in default By Stat. 10. H. 6. not in Print The Justices Serjeants and the King's Attorney shall be paid their Wages by the Treasurer of England at Easter and Michaelmas without any other Suit By Stat. 28 Hen. 8. All Attaints shall be taken in the Kings-Bench and Common-Pleas and not elsewhere Stat. 5 Ed. 3.12 If Outlary happen before Justices of Oyer and Terminer and the Justices be risen before the Party yield himself he shall do it in the Kings-Bench The Justices in this Court are the Sovereign Justices of Oyer and Terminer Gaol Delivery Conservators of the Peace c. in the Realm and Sovereign Coroners of the Land And therefore where the Sheriff and Coroners may receive Appeals by Bill à Fortiori the Justices of this Court may do it Out of this Court are other Courts derived in respect of the multiplicity of causes which have increased Jurisdictio istius Curiae est Originalâ—â— seu ordinaria non delegata And the Justices of this Court were called Anciently Justiciae Justiciarij Locum tenentes Domini Regis c. And the Stile of this Court is Anglia in the Margent and the Chief Justice was called Justicia Angliae Justicia prima Justiciarius Angliae capitalis Justiciarius noster capitalis ad placita coram nobis terminandâ— and in divers Acts of Parliament he is called Chief Justice of England The Kings Bench hath Authority for Great Misprisions and Offences to Adjudge and Inflict corporal Punishments as Pillory Papers and the like Coke's 4 Inst cap. 7. The Court of Common Pleas. THis Court is so called because there are debated the usual Pleas between Subject and Subject althô not in respect of Persons but in respect of the Pleas being Communia placita And some say this Court as well as others was at first held in the King's House wheresoever he resided But by Magna Charta it is ordained This Court should not be Ambulatory but held at a certain place and that hath ever since been in Westminster-Hall And this Court is the Lock and Key of the Common Law in Common Pleas for here all Real Actions whereupon Fines Recoveries and Common Assurances of the Realms do pass and all Real Actions by Original Writs are to be determined and all Common Pleas mixt or personal in divers whereof this Court and the Kings Bench have a concurrent Authority This Court Regularly holds no Plea but by Original Writ out of the Chancery and returnable into this Court But in certain cases it holds Plea by Bill without such Writ as for or against persons priviledged in this Court Also without Original Writ this Court may upon suggestion grant Prohibitions to keep Ecclesiastical Courts within their Limits and Jurisdiction This Court but no inferiour Court may write to the Bishop to certifie Bastardy or Legal Matrimony so likewise upon ancient Demesne pleaded The Lord Chief Justice of the Common Pleas or Common Bench holds his place Durante bene-placito by Letters Patent in this form Rex c. Sciatis quod constituimus dilectum fidelem E C. Militem Capitalem Justiciarium de Communi Banco habendum quamdiu nobis placuâ—â—it cum Vadijs Feodis ab antiquo debitis consuetis In cujus rei Testimonium has Literas nostras fieri fecimus Patentes Teste c. And the three other Judges have Letters Patent Sciatis quod constituimus dilect ' Fidelem P. W. Militem unum Justiciariorum nostrorum de Communi Banco c. The Jurisdiction of this Court is general and extendeth throughout all England And for the Antiquity of this Court Vide 6 E. 3. where a Fine was levyed in this Court 6 R. 1. And none of the Judges of this Court may take Fee of any but the King and they ought to observe and likewise all other Officers the Rule in Law Nemo Duobus utatur Officijs And now we come to The Officers THe Custos Brevium who is the Chief Officer of the Court. The Three Prothonotaries in whose Offices
Judgment or Verdict is by Fieri Facias or Capias ad satisfaciend ' as in other Courts of Common Law The Defendant in some cases must put in Sureties upon Appearances to render if he be condemned and this Bail or Recognizance must be taken before a Baron in Court and not otherwise First-Fruits and Tenths were granted to the Crown by the Statute of 26 H. 8. cap. 3. But the Clergy being discharged thereof Anno 1 2 Philip and Mary they were again reunited to the Crown 1 Eliz. cap. 4. but no Court revived And being under the Governance of the Exchequer a New Office was created and an Officer viz. Remembrancer of the First-Fruits and Tenths And more concerning them and the manner of Taxation of them you may read Coke's 4th Inst cap. 14. The Court of Augmentations Within the Survey and Governance of this Court were all Lands belonging to Monasteries and Purchased Lands but Queen Mary by her Letters Patent in the First year of her Reign dissolved it and united it to the Exchequer as by the Articles thereof may appear The Surveyor General 's Court is Dissolved the Office only remaining So that in the Exchequer are Seven Courts 1. The Court of Pleas 2. The Court of Accompts 3. The Court of Receipt 4. The Court of the Exchequer Chamber being the Assembly of all the Judges in England for Matters in Law 5. The Court of Exchequer-Chamber for Errors in the Exchequer 6. The Court in the Exchequer-Chamber for Errors in the King 's Bench And 7. The Court of Equity in the Exchequer Chamber of all which see the Books and Statutes mentioned in Coke's 4 Inst c. 13. The Court of Justices of Assize and Nisi prius THese Justices take their Names from the Writ of Assize called Assiza Novae Disseisinae or Petit Brief de Novel Disseizin And the Mirror saith That for Expedition of Justice it was ordained by Ranulph de Glanvil but by 26 Ass 24. it appears to be more Ancient At the Common Law Assizes were not to be taken but either in Bank or before â—ustices in Eyre But by Magna Charta it is Enacted Quod Recognitiones de Nova Disseisina de Morte Antecessoris non capiantur nisi in suis propriis Comitatibus c. And upon that Statute of Magna Charta the Letters Patent to the Justices are framed in these Words viz. Rex c. Dilectis Fidelibus suis R. M. uni Justiciariorum suorum de Banco I.L. uni Justiciariorum suorum ad Placita coram nobis tenenda Assign ' Salutem Sciatis Quod Constituimus vos Justiciarios nostros una cum hiis quos vobis associaverimus ad Omnes Assizas Jurat ' Certificat ' coram quibuscunque Justic ' tam per diversa Brevia Domini Johannis nuper Regis Angl ' Patris nostri quam per diversa Brev ' nostra in Com' nostris South ' Wiltes ' Dorset ' Devon ' Cornub ' ac in Civitate Exon ' arranian ' capiend ' Et ideo vobis Mandamus quod ad certos dies loca quos vos ad hoc provideritis Assis Jurat ' Certificat ' illas capiatis Facturi inde quod ad Justitiam pertinet secundum Legem consuetudinem Regni nostri Angliae Salvis nobis amerciamentis inde nobis provenien ' Mandavimus enim Vicecomisibus nostris Com' Civit ' praed ' quod ad certos dies loca quos eis Scire faciatis Assis Jurat ' Certificat ' illas una cum Brevibus Originalibus omnibus aliis ea tangen ' coram vobis venire faciat ' In cujus rei Testimonium c. By this Writ the Seisin and Possession was recovered and became more frequent Quia non est aliud Breve in Cancellaria per quod Querentes habent festinum remedium quam per Assisam And after the Statute of Westminster was and thereby provided Quod assignentur duo Justiciarij jurati coram quibus non aliis Capiantur Assisae c. ad plus ter per Annum And Rot. Parl. 21 Ed. 1. Dominus Rex c. praecepit quod de caetero assignentur Octo Justiciarij Circumspecti discreti ad Assisas Jurat ' Certificat ' capiend ' per Totum Regnum Angliae and divideth the Realm into Eight parts Per Stat. de Finibus 27 Ed. 1. cap. 1. Justiciarij ad Assisas capiendas assignati deliberent Gaolas in Com' Illas tam infra Libertates quam extra de Prisonariis quibus cumque And Appeals of Murder Robbery Rape c. may be commenced before Justices of Assize And divers other Powers and Authorities are given to Jâ—stices of Assize and Gaol-delivery for which see the Statutes and Coke's 4 Inst cap. 27. Justices of Assize shall enquire for Non Returning and False Return of Sheriffs May hear and determine of Conspirators false Informers and wicked Procurers of Dozens Inquests and Juries at the complaint of any without Writ and without Delay and of Confederacies and Champerties and Maintainers Bearers and Alliances by Bond c. Of Defaults of Sheriffs Escheators Bayliffs and other Officers Justices of Assize may enquire of Defaults c. of Punishment of Victualers c. which sell at unreasonable Prizes They have power to hear and determine riding and going Armed c. and to punish Justices of the Peace Sheriffs Bayliffs and others for not doing their Office in that case They may hear and determine Treason in Counterfeiting of Money c. They shall do Execution of the Statute of 13 H. 3. of Riots done in their presence upon pain of an Hundred pounds and by the Statute of 2 H. 5. Commissions shall be Awarded to Enquire of the Default of the Justices of Assize and of Justices of Peace in that behalf They shall enquire of hear and determine all Offices contrary to the Statute of 23 H. 6. concerning Sheriffs Under-sheriffs and their Clerks Coroners Stewards of Franchises Bayliffs and Keepers of Prisons for Extortion and for letting to Bail such as were not Bailable or for denying Bail to them that ought to be Bailed Justices of Assize shall take Bail of him that is acquitted of Murder within the Year to answer to the Appeal of the party 5 Eliz. cap. 5. of Informers 5 Eliz. cap. 4. of Labourers Justices of Assize of Gaol-delivery and of the Peace shall enquire of the default of Coroners Justices of Assize c. shall enquire of false making of Leather of Amending of High-ways of Hunters in Parks of Unlawful taking of Fishes of Forgery of False Deeds against deceipt in Linnen Cloth against Perjury of Usury and many other things Justices of Assize twice in every year ought to proclaim the Statute of 32 H. 8. and other Statutes against unlawful Maintenance Champerty Embracery and unlawful Retainers they ought to proclaim the Statute of Unlawful Games in their Circuit See the Custumary of Normandy c. 19. Coke's 4. Inst. cap. 27. The Justices of Nisi
in pleno comitatu per Sacramentum proborum legalium hominum de c. inquiras inde appellatur Breve inquisitionis utrum A. captus detentus in Prisona c. pro morte W. unde rettatus i. e. accusatus existit sit odio atia c. nisi indictatus vel appellatus fucrit coram Justitiariis nostris ultimo itincrantibus in partibus illis pro hoc captus Imprisonatus For by the Common Law in omnibus autem placitis de felonia solet accusatus per plegios dimitti praeterquam de placito de homicidio ubi ad terrorem aliter statutum est But this Writ was taken away by a late Statute viz. in 28 E. 3. because as some pretended it became unnecessary for that Justices of Assize Justices of Oyer and Terminer and Justices of Gaol-delivery came at the least into every County twice every year but within Twelve years after this Statute it was Enacted That all Statutes made against Magna Charta should be void whereby the Writs of Odio and Atia and De ponendo in Ballium are revived and so in like cases upon all the Branches of Magna Charta And therefore the Justices of Assize Justices of Oyer and Terminer and of Gaol-delivery have not suffered the prisoner to be long detained but at their next coming have given the prisoner full and speedy Justice by due Tryal without detaining him long in prison Coke's 2 Inst 42 43. A person examined may require a Copy of his Examination take time to answer and put his answer in writing and keep a Copy of it Coke's 2 Inst 51. All causes ought to be heard and determined before the Judges openly in the Kings Courts the King having distributed his Judicial power to several Courts of Justice Coke's 2 Institutes 103. If a prisoner be mute by act of God The Judges who are to be of Council with the prisoner ex officio ought to enquire if he be the same person and of all other pleas which he might have pleaded But if it be by his own Act he is to be forthwith put to his pennance Coke's 2 Inst 178. If the Prisoner Demur and it be Over-ruled he shall be hanged but not have pain fort dure ibidem Justices may punish any act done in deceit of the Court 2 Inst 215. Judicis officium est Opus diei in die ipso perficere according to the Statute of W. 1. cap. 47. and not defer it or prefer others upon any request or importunity Coke's 2 Inst 256. Sapientis Judicis est cogitare tantum sibi esse permissum quantum commissum creditum Coke 's 4 Inst 163. By Stat. 4 Jac. 1. cap. 1. It is provided that whereas in regard of some difference and inequality of the Laws Tryals and Proceedings in case of Life between the Justice of the Realm of England and that of the Realm of Scotland It appeareth to be most convenient for the contentment and satisfaction of all his Majesties Subjects to proceed with all possible severity against such Offenders in their own Country according to the Laws of the same whereunto they are Born and Inheritable and by and before the Natural Born Subjects of the same Realm if they be there apprehended And by the next Clause is provided that Felonies committed by English Men in Scotland shall be inquired of heard and determined before Justices of Assize or Commissioners of Oyer and Terminer and Gaol-delivery being Natural born Subjects within the Realm of England and no other And the like in another Clause with an addition of Justices of the Peace to be Natural born Subjects within England Coke's 3 Inst 226. Justices of the Kings-Bench Oyer and Terminer Gaol-delivery and of the Peace may enquire of hear and determine all Murders and Felonies within the Verge because their Jurisdiction and Authority are generally through the whole County Coke's 4 Rep. 46 47. Case of Appeals The Justices of Assizâ— have one Commission of Oyer and Terminer directed to them and divers other Inhabitants of the Shires whereunto their Circuits extend whereof each of the Justices of Assize are of the Quorum for offences hapning in their Circuits which without this Commission they cannot do Terms del Ley Cok's 4 Inst En le Table The Statute of 2 Ed. 3. requireth that no Commission of Oyer and Terminer be granted but before Justices of one Bench or the other or Justices Itinerant and that for horrible Trespasses Where the Commission of Oyer and Terminer lies in case of Extortions by Under-sheriffs Escheators Clerks of Markets Hunters in Parks taking of Goods not Wreck'd in vacancy of Bishopricks for Hunting in Parks for Robbing Piscaries and in many other cases the Forms of Writs and Associations and si non omnes to them Vide F. N. B. 243 to 251. If the Trespass be not Enormis seu horribilis a Writ of Supersedeas lieth or Revâ— ation Coke's 2 Inst 419. Upon an Indictment found by the Commissioners before the Term a Special Commission of Oyer and Terminer may be granted for them to proceed altho' the Court of Kings Bench be sitting in the same County But it is best for the Commission to bear Teste after the beginning of the Term But General Commissions of Oyer and Terminer are suspended during the term or time the Kings Bench sits in the same County or if the Kings Bench be adjourned the General Commission may proceed Coke's 3 Inst 27. Coke's 4 Inst 163. The Kings Bench is more than Eyre Therefore in Term time no Commissions of Oyer and Terminer or Gaol-Delivery by the Common Law may sit in the County where the Kings Bench sitteth for praesentia majoris cessat potestas minoris and therewith agreeth 27 Ass p. 1. But Carlisle and Erwing were Indicted and Arrained in London where the Murder was Committed before Justices of Oyer and Terminer in the Term time because in another County than where the Kings Bench sit Coke's 9 Rep. 118. Lord Sanchar's Case For Tryal of Treasons Committed out of the Realm c. by Commissions appointed by the King c. See the Statute of 26 Hen. 8. 33 Hen. 8. 35 Hen. 8. 5 and 6. of Ed. 6 c. If a Commission of Oyer and Terminer be discontinued or expired c. the Indictments and Records shall be removed into the Kings Bench as to their proper Center Coke's 2 Institutes 419. The Courts of Special Justices of Oyer and Terminer THese Courts are Four in number Raised by several Acts of Parliament Two of which viz. That concerning Purveyors and that concerning Misdemeanors of Villains being obsolete We shall only give a Brief account of the Style and Nature of the other Two referring their Jurisdiction and Proceedings therein to the Acts of Parliament themselves And first of that concerning Money collected for Houses of Correction or for the Poor THis Court is Raised by the Statute of 39 Eliz. cap. 4. wherein is to be observed
into the Counties where such Felonies were committed and also to command the Justices of Gaol-delivery of Peace and all other Justices and Commissioners there to proceed and determine such Felonies in like manner as if their Bodies and Indictments had not been removed Justices of Gaol-delivery may take a Pannel of a Jury Returned by the Sheriff without making any Precept to him as Justices of Oyer and Terminer ought to make because a General Commandment is made to the Sheriff by the Justices of Gaol-delivery to Return Juries against their coming They may deliver Suspects for Felony c. by Proclamation against whom there is no sufficient Evidence produced to the Great Inquest to Indict them c. which Justices of Oyer and Terminer or Justices of Peace cannot do If a Man be Indicted before Justices of the Peace and thereupon Outlawed and is taken and committed to Prison the Justices of Gaol-delivery may award Execution of this Prisoner They may assign a Coroner to an Approver and make Process against the Appellee in a Foreign County They may punish those that let Men to Bail or Mainprize which are not Bailable by Law or suffer them to Escape By the Statute of 1 E. 6. In all Cases where any Person or Persons heretofore have been or hereafter shall be found guilty of any manner of Treason Murder Manslaughter Rape or other Felony whatsoever for the which Judgment of Death should or may ensue and shall be Repried to Prison without Judgment at that time given against him her or them found so Guilty that those Persons that at any time hereafter shall by the King's Letters Patents be assigned Justices to deliver the Gaol where any such Person or Persons found Guilty shall remain shall have full Power and Authority to give Judgment of Death against such person so found Guilty and Repried as the same Justices before whom such Person or Persons was or were found Guilty might have done if their Commission of Gaol-Delivery had remained in force Justices of Gaol-Delivery shall send their Records and Process determined and put in Execution to the Exchequer at Michaelmas every year to be delivered there to the Treasurer and Chamberlains c. to keep them in the Treasury Justices of Gaol-delivery may receive Appeals of Robbery and Murder by Bill but the Appellees must be in Prison before them Co. 4 Inst c. 30. And more of their Jurisdiction and Authority you may read in the Statutes at large The Court of Justices of the Forests THe word Forest is made by changing E. into O. from Feresta hoc est Ferarum statio it being a Mansion or safe dwelling of all Beasts of the Wood and this Forest doth consist of Eight things viz. Soil Covert Laws Courts Judges Officers Game and certain Bounds of all which we shall speak somewhat in order as they lie And First of The Soil of the Forest which is Woody ground where there is good Covert and Fruitful Pastures and it is not material that the Wood belong to the King or another And when the King will make a Forest a Writ shall be Issued to the Sheriff of the County where the Forest shall be to Enquire what place shall be fit to make a Forest who thereupon shall take an Inquest and Inquire of the content of the Place and the Bounds and shall put the same Bounds in certainty and all he doth he ought to return into the Chancery and when the King is thereof ascertained by such matter of Record the King shall by Letters Patents command the Sheriff to make Proclamation That the place which he hath returned shall be afterwards a Forest and that none shall Hunt within those Woods they being for his Pleasure to reserve the Wild Beasts and Game to himself And this Forest is not necessarily to be made in every County But in The Grand Covert and Woody Ground where the Beasts may have place of Defence and Food which are called Vert and are to be preserved to the end that the Game may have both Shelter and Browze And yet altho' such Commandment be made by the King as aforesaid it is no Forest until Wild Beasts are put there which sort of Wild Beasts are those which are herein after mentioned And are called The Game of the Forest consisting of Seven kinds which by the Laws of England are Beasts of the Forest viz. The Hart in Summer The Hind in Winter with their proceed which are thus Termed The Male The first year A. Calf The second A Brooket The third A Spayad The fourth A Staggard The fifth A Stagg The sixth A Hart. And so afterward the Female The first year A Calf The second A Brocketts Sister The Third A Hinde The Buck in Summer The Doe in Winter with their proceed thus Termed The first year A Fawn The second A Pricket The third A Sorel The fourth A Sore The fifth A Buck of the First Head The sixth A Great Buck. The Hare Male and Female with their proceed which are called The first year A Leveret The second A Hare The third A Great Hare The Wild Boar whose proceed is Termed The first year A Pig The second A Hogg The third A Hogg-stear The fourth A Boar and after A Sanglier And these four kinds being wholesome Food for Man are called Beasts of Venery and Venison But the other Three kinds as The Wolf The Marton The Fox being Solivaga and Nociva are not called Venison although they are accompted Beasts of the Forest And befor it be a perfect Forest the King must appoint certain Officers Foresters or Keepers in Fee or for Life who by Charta de Foresta are to be as many as shall seem sufficient Four Verderors Twelve Regarders Agistators Four Under Foresters Eight The Wood-ward and the Game-keeper or Master of the Game of the Forest The Forestor is made by Letters Patents The Verderors by Writ How the Rest are made and for their Authority See the Books at large And next we shall briefly describe The Courts of the Forests which are Four To be held within the Forests at such places times and in manner herein after expressed viz. The Court of Attachments or the Woodmote Court This is to be kept before the Verderors every Forty days throughout the year and thereupon it is called the Forty-day Court At this Court the Foresters bring in the Attachments de Viridi Venatione and the Presentments thereof and the Verderors do Receive the same and Inrol them But this Court can only Inquire and not Convict But it is observed That no Man is to be Attached by his Body for Vert or Venison unless he be taken with the mayneer within the Forest or otherwise the Attachment must be by his Goods The Court of Regard or Survey of Dogs is holden every third year for Expeditation or Lawing of Dogs The Court of Swanimote is to be holden before the Verderors as Judges by the Steward of the Swanimote thrice in
hand of a Subject 2ly Not to be Impannelled to appear at Westminster or else where upon any Inquest or Tryal 3ly To be Free of all Tolls for things concerning Husbandry or Sustenance 4ly To be Free from Taxes and Tallages by Parliaments unless specially named 5ly Of Contributions to Expences of Knights of Parliament 6ly If they be severally distrained for other Services they all may join in a Writ of Monstraverunt to save charges And these Priviledges remain altho' the Manor be come to the hands of Subjects and altho' their Services of the Plough is for the most part changed into Money Lands in ancient Demesne may be extended upon a Statute Merchant Staple or Elegit and regularly all general Statutes extend to ancient Demesne But Redisseisin and some others do not lie in ancient Demesne For which see Coke's 4 Institutes cap. 58. and their Priviledge doth not extend to Personal Actions in which by common Intendment the Title of the Freehold cannot come in debate The Demandant cannot remove the Plea but the Tenant may for Seven Causes Vide Coke supra Those Manors are called Ancient Demesne of the Crown which were in the hands of St. Edward the Confessor or William the Conqueror and so expressed in Doomesday Book begun in the 14 year of Will the Conqueror 1081 and finished in Six years And against this Book for Trial of Ancient Demesne lies no Averment And therefore is like the Doom and Judgment at Doomes-day The Court of Commissioners of Sewers THeir Authority is by Commission under the Great Seal Now grounded and warranted by the Statute of 23 H. 8. cap. 5. where upon mentioning only some Observations made by the Lord Coke we shall briefly set forth their Juisdiction and Authority First That the Commissioners shall be named by the Lord Chancellor Lord Treasurer and two Chief Justices or any Three of them whereof the Lord Chancellor to be one Secondly Every Commissioner must take the Oath prescribed by the Act before the Lord Chancellor or Justices of Peace in their Quarter Sessions And ought to have Lands c. of Forty Marks yearly and no Farmer of Lands within the Precinct of the Commission unless he have Lands of Freehold worth 40 l. yearly Thirdly The Avowry or Justification for a Distress taken shall be generally that the Distress was taken by force of the Commission for a Lot or Tax Assessed by the Commission or for such other cause Fourthly There must be Six Commissioners to Sit by force of the Commission Fifthly The Act of 23 Hen. 8. Doth not extend to reform Nusance by Sand rising out of the Sea and driven to Land by Storms A special Provision is therein made for the County of Glamorgan Sixthly A Commission of Sewers shall continue Ten years unless repealed or determined by any new Commission or by Supersedeas Seventhly That Laws Ordinances and Constitutions made by force of such Commission and written in Parchment and Indented under the Seals of the Commissioners or Six of them whereof one part to remain with the Clerk and the other in such Place as Six of the Commissioners shall appoint shall without the Royal Assent or any Certificate stand in force Eighthly That if any such Commission be determined by Expiration of Ten years from the Teste Then such Laws so Indented and Sealed shall stand in force for a year after and the Justices of the Peace or Six whereof One to be of the Quorum shall have Power to Execute the same Ninthly Upon granting a new Commission during that year the Power of the Justices shall cease Tenthly The Commissioners not to make any Certificate or Return of their Commission orany their Ordinances Laws and doings by force of the same Eleventhly See an Alteration by the Statute of 13 Eliz. concerning Fees Twelfthly Neither the Commissioners of Sewers nor any other have any such Absolute Authority but their proceedings are bound by Law By Act of Parliament 3 Jac. 1. Walls Ditches Banks Gutters Sewers Gates Causeys Bridges and Water-courses in or about the City of London where is no Passage for Boats nor the Water doth Ebb and Flow are made subject to the Commission of Sewers which they were not before And of their Jurisdiction and Authority to Supervise all Walls Sewers and Gutters c. upon the Sea-Coasts and else where and to enforce all Persons concerned to pay a proportionable part according to the Lands or Estate they have towards the Repair of them and to that end to make Laws and Ordinances and to force the Observation of them Vide F. N. B. fo 113 114. Coke's 4. Inst cap. 62. And the Statutes at large And it is to be noted that Sewer or Suera is derived from the word Sue or Issue as the Lord Coke observes and taken for a Sewer Channel or Gutter of Water The Court of Commissioners upon the Statute of Bankrupts THe name and wickedness of Bankrupts comes from Foreign Nations for Bâ—ruque in French is Mensa and a Banqueror or Exchanger is Mensarius in Latine and Rout is a Sign or Mark metaphorically taken for one that hath so spent his Estate that nothing remains but the Mark or mention thereof The Commission upon complaint made in Writing to the Lord Chancellor is granted under the great Seal of England and their Jurisdiction and Authority is declared and warranted by the Statute of 34 Hen. 8. being the first made against English Bankrupts and the Statute of 13 Eliz. 7. and 1 Jac. 1. cap. 15. and 21 Jac. 1. cap. 19 c. And the Commissioners must pursue the Power given by those Acts or they are liable to the Action of the Party grieved But they may plead generally They have power to Examine the Offender upon Oath and after he be declared a Bankrupt to Examine his Wife upon Oath and Witnesses also And have power to break open any Houses Ware houses Chambers Trunks Chests c. of the Offenders For all which see Coke's 4 Inst cap. 63. and the Statutes at large There is a Court called Curia Cursus Aquae apud Gravesend and others like it in private Of which it belongs not to us to treat Commissioners for Examination of Witnesses COmmissioners and Examiners are not bound strictly to the Letter of the Interrogatory but ought to Explain every other thing which necessarily ariseth thereupon for manifestation of the whole Truth They ought not to discover to either Party or any other any of the Depositions taken before publication granted Nor ought to confer with either Party after the Examination begun or take any new Instructions They must take the Depositions Gravely Temperately and without Menace or Interruption in hindrance of the Truth which are grievously to be punished And after the Depositions taken must Read the same distinctly to the Witnesses and suffer them to explain themselves and it is safe that the Witnesses subscribe their Names or Marks to the Paper-Book But they must be certified in Parchment
and out of Sessions We shall only make some short and brief Remarks and Observations thereupon As First He that is named in the Commismission of the Peace under the Great Seal is certainly a Justice of Peace Such of these in whom the King more particularly confideth are called Justices of the Quorum Their Office and Duty is to be considered that some Things cannot be done without Two Justices and in some cases One or Two must be of the Quorum and when a Statute appointeth a thing to be done by Two Justices if the Offence be against the Peace one may grant a Warrant to bring the Offender before these Two Justices or may take Bail for his Appearance at the next Sessions or he may bind him to the Good Behaviour and so to appear at the next Sessions but he may not determine the Matter alone And whatever one Justice may do may ever be done by more And they may be punished for their Neglect Any Justice may require any number of Men to assist him in his Duty for apprehending all Felons Murderers and the like and such as are able must obey them or they may be bound to the Good Behaviour or Fined for their Disobedience But he cannot give Warrant to break open any mans House to Search for a Felon or stolen Goods upon a bare Surmise A Justice of Peace may do all that a Constable or Private person may do touching Keeping the Peace by Common Law They are in the Room of the Ancient Conservators of the Peace and have the same power they had Where a Statute giveth a power in general of any Offence and doth not mention where it is to be done it cannot be done out of the Sessions of the Peace but if it give power to do a Special thing it may be done out of any Sessions They must act cautiously in Execuing the power given them by Acts of Parliament and see that they strictly pursue it and therefore must observe the words of the Statutes which are penned diversly and consider if they are not Repealed The Justices have power in small Offences or Trespasses to appoint such Recompence as he shall think fit and if he judge him unable or if he do not make and pay such Satisfaction he may order him to be Whipp'd and for the second Offence he may order him to be bound to the Good Behaviour or send him to the House of Correction If the Offender be able he must bear the Charge of himself and those who convey him to Prison or otherwise the Justice may give Warrant to levy it upon his Goods Any one Justice may compel a Man to take Crack'd-Money and may determine all Defaults about Money 19 H. 7.15 17 E. 4.1 6 W. 3. There must be Two or more about dividing of a Wood being appointed thereunto by the Sessions upon the Lord's Complaint 35 H. 8.7 13 E. Any Justice of Peace may require such as are between 15 and 60 years of Age to be Sworn to Keep the Peace There must be Two Justices one Quorum to give the Sheriff and his Bayliffs and Deputies their Oaths and this Exì officio without Commission otherwise of a Special Bayliff See 27 Eliz. 12. Recognizances must be Certified next Assizes or Sessions 5 6 Ed. 6 25. A Supersedeas out of Chancery is to be certified at the Sessions together with the Recognizance A Certiorari brought before the Day will discharge the Recognizance and this Writ of Certiorari comes from the Chancery If any Officer have a Warrant from a Justice of Peace and shall have a Supersedeas from the Chancery or Kings-Bench or any Justice of Peace of the County and yet urge the party to find Sureties he may refuse to give it and if he arrest him he shall have False Imprisonment against him An Alias Capias or Exigent awarded against one Indicted of Trespass or the like upon Surety found in Chancery may be stayed from thence or the Sheriff commanded not to arrest him or if he be arrested to take Sureties and let him go So when he hath given Sureties Two Justices Quorum unus some say one Justice may grant a Supersedeas The Certiorari to remove the Record is in it self a Supersedeas but a Man may have a Supersedeas to the Sheriff also Supplicavit is a Command out of Chancery or Kings-Bench to bind some one to the Peace or Good Behaviour concerning which Seven things are observable Vide Shepherd's Justice 224. Mittimus is the Warrant to send the Prisoner to Gaol and it must be in Writing under Hand and Seal unless it be by Order of Sessions The Cause must be expressed otherwise it will not be the same Offence in him who suffers an Escape If it be without Bail or Mainprize and yet the Cause expressed is Bailable other Justices may Bail him The Conviction of Offenders by the Common Law is by Indictment and Jury For Trial by Examination and Witnesses is not allowed but where it is at the Discretion of the Justices or so directed by Statute Justices of Peace ought to be cautious for they may be Punished either in the Sessions or by Justices of Assize Their Reward is 4 s. per Diem for themselves and 2 s. per Diem for their Clerks to be paid with their Charges in some Cases out of Fines levied by the Sheriff besides several Fees and other Allowances Vide Shepherd's Justice They shall not be punished for Ignorance c. The Sessions is a Court where the Justices sit for Execution of their Office and there are Two kinds of Sessions The General or Quarter-Sessions for General Execution of their Commission over all their Limits and kept Quarterly viz. In the first Week after Epiphany The first Week after the Clause of Easter The first Week after Translation of St. Thomas the Martyr being the 7th of July And the first Week after St. Michael or more often if need be And in this Court the Justices are Judges of whom there may not be less than Two whereof one of the Quorum And they ought to sit at the most Principal and Chief Towns and where it hath been usually held And all things done before them are of Record against which no Averment lieth And for their several Powers and Jurisdictions besides what is mentioned before you may read the Statutes and Authors at large who treat thereupon To whom we refer and pass on to their Power in The Special Sessions which is of Special use for Ridding the Gaols and other purposes And herein they may take as much and as little business upon them as they please and have unless in some particular cases the same Power as in their Quarter-Sessions And this Special Sessions may be kept at any place and held at any time and as long as the Justices think fit and may be kept by One Justice or more who have like power in many cases with the Justices in or out of their
Quarter-Sessions of which you may read more in Authors at large And this Special Sessions is also sometimes called Statute Sessions It being enjoyned by several Statutes that they with the Constables of every Hundred do meet and that Masters and Servants do appear for deciding Differences Rating Servant's Wages and bestowing of People are fit to Serve and Refuse or cannot get Masters in Service And now a word or two of their manner of Proceeding which in an ordinary way lieth in Three things 1. Information 2 Hearing and Tryal 3. In giving Judgment and doing Execution By Information the Judges of these Courts take knowledge of Offences either by presentment of Publick Officers as Stewards of Leets Supervisors of High-ways Constables or the like And these are not sent to the Grand Jury to be found by them but are a Perfect Information of themselves to which the party accused must answer And the Information given by the Jury is Two ways either by Indictment or Presentment and the Justices are to receive in this such Indictments they ought but none other and they must ex officio see they are well drawn A Justice may present Defaults as of High-ways c. upon his own View-And any Man may Inform against Offenders without danger But these Common Informers must be allowed of Record and if once turned out are never again to be admitted and must prosecute within the time limited by the Statute of 31 Eliz. and must bring his Informations in the same County and to these ends must be sworn 21 Jac. 1.4 And now we proceed to Hearing and Tryal in which are included the Calling the party his Appearance and Defence The Process for Calling the party upon Indictments for Treason or Felony is 1. Capias 2. Alias Capias 3. Exigi facias If for Indictments of Lesser offences a Venire facias and if Sufficient then Distringas and Process Infinite But if Nihil habet be Returned then Capias Alias Pluries and Exigi facias The Process upon any Indictment or Presentment for an Offence against a Statute shall be such as the Statute shall direct otherwise the Ordinary Process of the Common Law There are other Processes as Freri Facias and Capias after Judgment for doing Execution 5 amp 6 Ed. 6.14 and in some cases Elegit See 31 Eliz. 7. But touching Process Three things must be observed 1. That no Process Issue but upon Inquisition of Twelve Men or Return of a Sworn Officer some Special Cases excepted 2. They are not granted upon Suggestion by Word or Writing 3. Nor may Process Issue but Sedente Curia And sometimes the party comes in by Recognizances which are to be Certisied to the next Sessions after they are taken when and where the Appearance of the party or his Default of Appearance is Recorded and Certified And Bail is to be taken Quando stat indifferenter but not otherwise The Justices cannot Award Process upon Recognizance forfeited but must certifie the same and the cause of Forfeiture into some of the Courts of Record at Westminster That Process may Issue from thence Supersedew from above must be brought by the party at the Sessions for if he send it will scarcely be allowed If one be bound to appear at the Quarter Sessions he must appear there If at the Sessions he may appear at any Sessions Dalt J.P. 237. Certiorari coming before the day to remove the Recognizance into the Chancery or Kings Bench will discharge the appearance Dalt J. P. 237. After Appearance the Party must either confess and submit to the Fine or Traverse the Charge and if so he must be bound to Prosecute it unless it be Tryed presently which must be by Pety-Jury And this is called an Arraignment or Tryal and if they pass for the King And find him guilty of the offence or he confess it or stand out an Utlary so that it come to a Conviction Then are the Justices to give Judgment and see Execution done according to Law In which they must observe these Rules First In giving Judgment They must adjudge Men according to Law For where the Law appointeth a Corporal they may not inflict a Pecuniary Punishment Et sic è converso Neither may the change the Degree of Punishment They have power to inflict Corporal Punishments as Death cutting of the Parts of the Body Burning or Marking Imprisoning Whipping Stocking or Cucking Stool and Pecuniary Punishments as loss of Offices Lands or Goods Fines or Issues Amerciaments In fame as to Brand a Man that is Perjured that his Testimony afterwards shall be of no Credit They may not set a Fine or Amerciament but Sedente Curia and all Fines must be reasonable Where the Stature appoints a Penalty no other can be imposed neither may the Justices mitigate it after the Party is Convicted by Confession or otherwise But if the Party Indicted before his Conviction come into Court and Protest his Innocency yet Quia noluit placitare c. he putteth himeself to the grace of the Court the Justices may and do usually Impose a Moderate Fine and by Order forbear the prosecution Other Judgments being rarely or more seldom given or Executed by Order of these Courts or the Sessions But the Pillory Whipping or Fine The Execution of the two first being commonly known we shall only speake of The Fine which if it be at Common Law hath Imprisonment incident till it be paid yet in such Case the Justices may take a Recognizance for Payment of it and deliver the Party out of Prison or they may cause the Clerk of the Peace to Estreat all Fines and Amerciaments by Indenture into the Exchequer for the Sheriff to levy and they are to keep one part of the Indenture themselves Thus having giving a Short view of the Jurisdictions and Proceedings of these Justices in their Sessions I refer all other Matters concerning them and their Authority to the Authors who have written largely upon that Subject The Court of Inquiry of the Defaults of Justices of Peace Justices of Assize Sheriffs and Under-sheriffs c. THis Court is raised by the Statute of 2 Hen. 5. And is a Court only of Inquiry touching the Execution of the Statute of 13 Hen. 4 cap. 7. concerning Riots Routs and unlawful Assemblies And they are to certifie their Inquests incontinently into the Chancery As by the said Statute more at large appeareth See 19 Hen. 7. cap. 13. For the Execution of Laws in each County THe King every Michaelmas Term upon nominating six by the Justices Itinerant Three whereof are Struck out by the Lord Chancellor Treasurer and Judges out of the remaining three about Crastino Animarum yearly pricks one fit person for Sheriff of each County except for Westmoreland and Durham which are Hereditary who is to Execute the Kings Mandates and all Writs directed to him out of the Kings Courts Impannel Juries bring Causes and Criminals to Tryal and to see Sentences both in Civil and Criminal Affairs
Exectuted To attend and Guard the Itinerant Judges twice a year while in their County with great Pomp and Feasting at the Assizes and hath attendant on him his Under-sheriff Clerks Stewards of Courts Bailiffs of Hundreds Constables Gaolers Serjeants and Beadles with a Train of Servants on Horseback in rich Liveries at the Reception of the Judges He Collects all publick Profits Fines c. of the County And for Exercising his Judicial Power hath these Courts The Court of the Tourn THe Tourn called anciently Shiregmote Is a Court of Record holden before the Sheriff The ancient Institution whereof by King Alfred was before Magna Charta To hear and determine all Felonies Death of Man excepted and Common Nusances See the Charter of William the Conqueror Magna Charta and Exposition thereupon the second part of Coke's Institutes and Coke's 4 Institutes cap. 53. The Stile of this Court is Curia Visus Franc ' pleg ' Domini Regis apud B. coram Vicecomite in Turno suo And seems to have its Denomination from the French Tour i. e. Ambitus circuitus And is as much to say as The Sheriffs Course or Perambulation For which and the Articles Inquirable there See Greenwoods Jurisdiction of County Courts and other Authors at large and Coke's 4 Institutes cap. 53. And this Court is said to be Schola Insigniendi Juvenes A School to Instruct young Men in the ancient Laws of the Kingdom The Court of Leet or View of Frank-pledge THis is a Court of Record at the first derived and taken out at the Tourn because the people did undergo great trouble in travelling to the Sheriffs Tourn Leets or Views of Frankpledge were granted to Lords of Manors within certain Precincts yet this Court in whose Manor soever it is kept is still accompted the Kings Court because the Authority is Originally apertaining to the Crown and thence derived to inferior persons And whosoever hath the Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourn And Lep or Leet is a Saxon word from the Verb Zelepian z being added Euphoniae gratia i. e. Convenire to assemble together unde Conveutus And the Stile of this Court is Curia Visus Franc ' pleg ' tent ' apud B. coram A.B. Seneschallo This Court of the Leet as likewise the Tourn are Instituted for the Common Weal As for Conservation of the Kings Peace Punishment of Common Nusance as for selling Corrupt Wines and Victuals c. And by divers Acts of Parliament the Jurisdiction of this Court hath been increased to the end the Subject might have remedy and Justice at his own Door And therefore the Steward ought to be knowing in the Law for Ignorantia Judicis est calamitas Innocent is Of the Antiquity and Jurisdiction of this Court which is very ample you may Read more at large Coke's 2 Institutes Magna Charta cap. 17.35 4 Institutes cap. 54 There are Three things to be considered in holding of Tourns or Leets 1st Time which must be twice in a year viz. within one Month after Easter and one Month after Michaelmas at the Tourn after Earst No Actions Popular are to be inquired after c But only to take their Suit who are Suitors which at the Sheriffs Tourn are all Men from 12 to 60 years of age within the County Ecclesiastical Persons Peers and Women excepted and at the Leet the like Persons within the Precinct which is called Suit Real by Reason of their Allegiance to which they are Sworn to be true and Loyal to the King and to take the view c. And at the Tourn or Leet after Michaelmas then to inquire of such things which are inquirable there 2ly The place where the Leet is to be holden and that must be within the Precinct or Liberty in Loco debito cosueto and if it be done otherwise whatever is acted in it is void 3ly The Persons who are all Freeholders within the Precinct or Liberty and are obliged to come by the Service of their Fees and all others of fit age except the persons above mentioned to be excepted The Sheriff in the Tourn or Steward in the Leet as Judge hath a double Authority 1. Election of Officers 2. Punishment of Offenders And this Punishment of Offenders is in a twofold manner and in it are to be respected 1. Actus Curiae for Punition of Offences in Curia where the Sheriff or Steward as Judge may punish by Fine without Inquiry by the Country c. As if a Juror sworn refuse to make Presentment depart without giving his Verdict or refuse to be Sworn the Steward may impose a reasonable Fine upon him 2. Actus Patriae for Punishment of Offences Extra Curiam where the Jurors who are sworn have peculiar Cognizance and have Authority to Present and to Assess Amerciaments for them And the Sheriff or Steward by the Statute of 18 Ed. 1. may Inquire of several Misdemeanors from the highest Treason to the lowest Trespass tho' not here punishable He may also Impannel a Second Jury to Enquire of the Defaults and Concealments of the First and so Fine them for their offence And for default of Resiants he may compel a Stranger coming within the view to be of the Inquest And the Officers he hath Election of are The Bailiff who is to Collect the Rents and Profits of the Manor or Liberty and Give a true accompt thereof and to execute all the Precepts of the Court. The Constables who are chosen and are to see the publick peace kept Watch and Ward observed Learn the Contents of the Statute of Winchester made against Rogues c. And to punish such as play at unlawful Games The County Court THe Stile of this Court is Bucks Curia prima Comitatus E.C. Militis Vicecomiti Com. praedict ' Tent ' apud B. c. And the next Court is Curia secunda E. C. c. And soforth of the rest Of the Jurisdiction and Authority of this Court you may Read in the Statute of Magna Charta cap. 35. The Suitors are Judges except in a Redisseis in the Sheriff is Judge and a Writ of Errour lieth upon his Judgment And being no Court of Record It holdeth no Plea of any Debt or Damages to the value of Forty shillings or above Nor of any Trespass Vi armis because a Fine was due thereby to the King But of Debt Detinue Trespass and other Actions personal above Forty shillings The Sheriff may hold Plea by force of a Writ of Justicies for that is in nature of a Commission to him and is Vicountiel and not returnable And the Sheriff may before any County Court award a Summons to his Bailiff returnable within two or three days at his Discretion to Summon the Defendant by his Goods c. to answer and if the Bailiff return Nihil and the Plaintiff remove the same by a Pone into the Common-Pleas that Court shall not grant a Capias for
Honoured his Son J. Duke of Lancaster therewith for Term of his Life It is called Comitatus Palatinus a County Palatine à Comitatu Palatio Regis because the Owner be he Duke or Earl c. Hath in that County Jura Regalia as fully as the King had in his Palace And he may have his Chancery and Writs under his Seal for the Office of the Chancellor to Depute Justices as well touching Pleas of the Crown as all other Pleas and Execution of Writs and making Officers and Servants and all other as by the Letters Patents above mentioned granted in Parliament appears And the King may Erect a County Palatine without Parliament by his Letters Patents But now by the Statute of 27 H. 8. cap. 24. several of those Jura Regalia are taken from them and recontinued and annexed to the Crown And all Writs are now to be made in the King's Name but the Teste in Name of him who hath the County Palatine And they shall have Forfeiture of Lands and Goods for High-Treason which Forfeiture accreweth by the Common Law But Forfeitures given after the Erection of the County Palatine by an Act of Parliament they shall not have Justices of Assize of Gaol-Delivery and of the Peace are and ever since the Erection have been Assigned by Commission under the Seal of the County Palatine of Lancaster Fines were levied with 3 Proclamations c. before the Justices of Assize there or one of them and all Recoveries to be had of Lands there are to be had in the Court of the County Palatine at Lancaster and not at Westminster All Lands c. Parcel of this Dutchy given to the King by the Statute of Monasteries Chantries c. are still within the Survey of the Dutchy Lands within the County Palatine should pass by the Dukes Charter without Livery of Seisin or Attornment But of Lands parcel of a Manor annexed to the Dutchy without the County Palatine there ought to be Livery of Seisin and Attornment of Tenants and in the same Degree is it in the King's Case The Proceedings in this Court of the Dutchy Chamber at Westminster is as in a Court of Chancery for Lands and other Matters within the Jurisdiction of the Court by English Bill c. and Decree But this Chancery is not a mixt Court as the Chancery of England is partly of the Common Law and partly of Equity but admitting only some small mixture of the Common Law in some Cases And in some Cases they are led by their proper Customs and Prescriptions respectively The Process of this Court is by Privy Seal Attachment and Commission of Rebellion as in the Chancery The Officers of this Court be the Chancellor The Attorney The Receiver General Clerk of the Court The Auditors Surveyors The Messenger There is an Attorney of the Dutchy in Chancery and another in the Exchequer And there are Four Learned in the Law Assistants and of Councel with the Court. The Seal of the Dutchy of Lancaster remains with the Chancellor at Westminster And the Seal of the County Palatine remains in a Chest in the County Palatine under the safe Custody of the Keeper thereof All Grants and Leases of Lands Offices c. in the County Palatine of Lancaster shall pass under that Seal and no other And all those out of the County Palatine and within the Survey of the Dutchy under the Seal of the Dutchy See the Statute of 27 Hen. 8. cap. 24. For the great Royalties Priviledges c. the Duke of Lancaster had for him his Men and Tenants which are necessary to be known by all concerned in those Possessions and other matters concerning the same See Coke's 4 Institutes 36. and Books and Records their recited And the Statute of 16 and 17 Car. 1. c. 10. For dissolving the Court of Star-Chamber and annulling and making void the like Jurisdiction excercised in the Court called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court c. The Courts of the County Palatine of Chester THis is the most Ancicent and most Honourable County Palatine remaining at this Day with which Dignity the King 's Eldest Son hath been of long time honoured And this is a County Palatine by Prescription Within this County Palatine and the County of the City of Chester there is and aciently hath been a principal Officer called the Chamberlain of Chester who time out of mind hath had the Jurisdiction of a Chancellor and the Court of Exchequer at Chester is and hath time out of mind been the Chancery Court for the said County Palatine whereof the Chamberlain of Chester is Judge in Equity He is also Judge of Matters at the Common Law within the said County as in the Court of Chancery at Westminster for the Court of Chancery is a mixt Court There is also a Vice-Chamberlain which is the Deputy of the Chamberlain And also the Justice called the Justice of Chester who hath Jurisdiction to hear and determine Matters of the Crown and of Common-Pleas Of Fines and Recoveries levied and suffered as well within the County Palatine as of the City of Chester For which and much more concerning the same See Coke's 4 Institutes cap. 37. and the Statute of 16 17 Car. 1. c. 10. For disabling the Court of Star Chamber and Annulling and making void the like Jurisdiction exercised in the Court of Exchequer in the County Palatine of Chester held before the Chamberlain and Council of that Court. The Courts of the County Palatine of Durham THis is also a County Palatine by Prescription parcel of the Bishoprick of Durham and raised soon after the time of the Conqueror Here is a Court of Chancery which is a mixt Court both of Law and Equity as in the Chancery at Westminster But herein it differeth from the rest that if any Erroneous Judgment be given either in the Chancery upon a Judgment there according to the Common Law or before the Justices of the Bishop a Writ of Error shall be brought before the Bishop himself and if he give Erroneous Judgment thereupon a Writ of Error shall be sued Returnable in the King 's Bench. If the Bishop do wrong within his County Palatine for that he cannot be Judge in his own Cause Justices shall be Assigned to hear and determine the Cause as was done in the case when Richardus de Hoton Prior Dunelm ' queritur de Anthonio Episcopo Dunelm ' alledging several Plaints against the Bishop whereupon Issue was Joyned and Verdict given against the Bishop And by that Record which was Termino Paschae 30 E. 1. it appears the Bishop had within the County of Duresme Regalitatem suam And more concerning the same you may Read in Coke's 4 Institutes cap. 38. The Royal Franchise of Ely KIng Henry the first of the Rich Monastery of Ely made a Cathedral Church and of the Abbey made a Bishoprick and for his Diocess Assigned him the
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
To take care of the Church and Church Assemblies The Overseers of the Poor To take care of the Poor Sick Aged Orphans and other Objects of Charity And Lastly The Clerk to wait on him at Divine Service And for The Civil Government of Villages THe Lord of the Manor or Soil who from the Crown immediately holds or mediately holds Dominium Soli Is said to have in him The Royalty as if he were a little King and hath a kind of Jurisdiction and a Court Baron incident to the Manor and sometimes a Court Leet by Grant from the King to which the Inhabitants owe Suit and Service and where smaller Matters as Escheats upon Felonies or other Accidents common Nusances c. Admitting of Tenants passing of Estates Reliefs Herriots Hunting Hawking Fishing c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts may be heard and determined And under the Lord is The Constable or Headborough Chosen yearly by the Lord or Steward in the Leet to keep the Peace in case of Quarrels to search any House for Robbers Murderers and others who have broken the Peace to raise Hue and Cry after Robbers to seize Offenders and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasions either to bring Criminals before them or to carry them by their Command to the Common Prison Thus having in a Brief and Methodical manner described the Constitution of the English Government For the Excellency thereof we may welâ— conclude with the Poet O Fortunatos nimium bona si sua Norint Angligenas THE ISLANDS Adjacent to ENGLAND CAlled by Heylin The Sporades not as he saith that they are so named in any Author but being many he thought fit to include them under that general Name The Chief of which are The Isle of Man INsula Euboniae modo Manniae hath been an ancient Kingdom as appears by Walsingham pag. 287. and Coke's Reports Lib. 7. fol. 21. Calvin's Case And yet we find it not Granted or Conveyed by the Name of a Kingdom Sed per Nomen Insulae c. cum Patronatu Episcopatus The Patronage of the Bishoprick of Sodor being a Visible Mark of a Kingdom Est nempe Jus ipsius Insulae ut quisquis illius sit Dominus Rex vocetur cui etiam fas est Corona Aurca Coronari Walsingh 17 R. 2. This Island was taken from the Britains by the Scots and from them regained by Edwin King of Northumberland Afterwards the Norwegians seised it from whom Alexander the Third wrested it and about the Year 1340. William Montacute Earl of Salisbury descended from the Norwegian Kings of Man won it from the Scots and afterwards sold it to W. Lord Scroope who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland who being 5 H. 4. Attainted of Treason In 7 H. 4. it was by Parliament Enacted the King should have the Forfeiture of all his Lands and Tenements And afterwards 7 H. 4. the King granted the Isle cum Patronatu Episcopatus unto Sir John Stanley first for Life and afterwards to him and his Heirs Sir John had Issue Sir John Stanley Knight who had Issue Sir Henry Stanly Lord Chamberlain to King Henry the Sixth who Created him Lord Stanley He had Issue Thomas whom King Henry the Seventh Created Earl of Derby to him and the Heirs Male of his Body c. Vide Co. 4 Inst cap. 69. The Laws and Jurisdiction of this Isle differs from other places For they call their Judges Deemsters which they chuse out of themselves And they determine all Controversies without Process Pleading Writing or any Expence at all If any Cases be ambiguous or of greater weight it is referred to Twelve which they call Claves Insulae They have Coroners quos Annuos vocant who supply the Office of Sheriff But altho' the King's Writ runneth not into this Island yet his Commission extendeth thither for Redress of Injustice and Wrong The Bishop was Instituted by Pope Gregory the Fourth is under the Archbishop of York being annexed to that Archbishoprick by King Henry the Eighth but hath neither Place nor Voice in the Parliament of England In hac Insula Judex Ecclesiasticus citat definit infra Octo dies parent aut carcere intruduntur The People are a Religious Industrious and True People They have peculiar Laws or Customs For if a Man steal a Horse or an Ox it is no Felony because he cannot hide them but if he steal a Capon or Pigg he shall be hanged c. In this little Kingdom are Two Castles Seventeen Farishes Four Market Towns and many Villages It is scituate against the South part of Cumberland from which it is distant 21 Miles Is in Length 30 Miles in Breadth 15 but in some part only 8 Miles The Soil is abundant in Flax Hemp Oats Barley Wheat and Bishop Merrick writing to Cambden when he was composing his Britannia saith Our Island for Cattle Fish and Corn hath not only sufficient for it self but sendeth store into other Countries The chief Towns are Balacurri and Russin or Castle-Town the Seat of the Bishop On the Hill Sceaful may be seen England Scotland and Ireland Here are also bred the Soland Geese The People speak a Mixture of the Norwegian and Irish Tongues Anglesey IS accounted a Shire of Wales bordereth on Carnarvanshire is in Length 20 in Breadth 17 Miles containing in former times 360 Towns and Villages the chief whereof are 1. Beaumaris towards Wales 2. Newburg 3. Aberfraw on the South-side This Island for its abundant Fertility is called Mam Cymri i. e. Mother of Wales It was once the Seat of the Druids first Conquered by Suet onius Paulinus and united to the English Crown by the Valour of Edward the First Jersey olim Caesarea IS in Compass 20 Miles and sufficiently strong by reason of the dangerous Seas It containeth 12 Towns or Villages the Chief being St. Hillary and St. Malo and four Castles The Ground is plentiful in Grain and Sheep most of them having four Horns of whose Wool our Jersey Stockings are made Gernsey olim Servia IS distant 20 Miles from Jersey to whom it is much Inferiour in respect of Fertility and Largness but more commodious by reason of the safe Harbours It containeth 10 Parishes the Chief being St. Peters the Port or Haven and Market Town These Islands of Jersey and Gernsey lye both nigh unto Normandy and Bretaign and did in ancient time belong to the Dutchy of Normandy But Henry the First Overthrowing his Elder Brother Robert united the Dutchy of Normandy with these Isles to the Kingdom of England And altho' King John lost Normandy and Henry the Third took Money for it yet these Isles continued Faithful to England the possession thereof being a good Seisin of the whole
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
if any such Person had come to this Court the Steward ought to have given him this Oath If any Customs or Profits as Treasure Trove Waif Estray or Wreck be withheld from the Lord of the Leet or if any claim any Royal Franchise or levy any new Franchise or abuse any old Franchise within the Leet All common and popular Nusances or Grievances done to the Kings Subjects by Purprestures made in any Land Wood or Water by Walls Hedges Ditches or Houses made up or broken down by straightning turning stopping surrounding or otherwise hurting the common Ways Bridges or Waters by poisoning or corrupting the Air by laying of any Carrion or Filth by selling of corrupt and unwholsom Provision or by the breaking of the due Assize of Bread Beer c. By Erecting Cottages and suffering Inmates by not scowring Ditches or not repairing Highways and Bridges and the like And for all these be the Offend or one Man or a whole Parish he or they may be Amerced and the Jury may order the Reforming of them under a Pain And all great Affrays Outcries and Bloodsheds and such like popular Trespasses which are Trespasses by the Common Law Riots Routs and unlawful Assemblies at the Common Law are punishable in this Court and for this the Offendors are to be Amerced according to Discretion but this must be reasonable and the reasonableness tryable and avoidable by Plea or Judgment of the Court in which the Suit depends Evil Members and persons of ill Behaviour that are dangerous to the Neighbours as Malefactors in Parks such as take Doves by Engines such as are common suspected Thieves or that are the common Messengers of Thieves the common Drunkards the common Haunters of Alehouses or Taverns not having whereon to live Nightwalkers and Day-sleepers that live idlely that have no Estate yet fare well Eves-droppers common Hedge-breakers common Peace breakers Railers and Sowers of Discord between Neighbours Keepers or Haunters of Bawdy-houses common Scolds common Barretors common Usurers Innkeepers who do commonly entertain Thieves and suspicious Persons knowing or suspecting them to be so and such as do remove Bounds or Landmarks between Parishes Hundreds or Counties but not such as remove Bounds between Persons only These last the Steward of this Court heretofore might have bound to the Peace or Good Behaviour but at this day he can only by the Presentment of the Jury Amerce them or make way to have them bound to their Good Behaviour by a Justice of Peace Constables Tythingmen Haywards Aleconners Bailiffs and such like Officers which are chosen and sworn in this Court if any such being chosen refuse the Office and to take the Oath or accepting doth not execute his Office duly or misbehave himself therein as if Constables and Tythingmen do not take care of Watch and Ward keeping the Peace raise Hue and Cry and pursue it for the apprehending Felons when any Felony is done or raise Hue and Cry when none is done or do not punish Rogues and the like or Tythingmen Chief Pledges Surveyors of High-ways Searchers and Sealers of Leather and such like Officers as do not their Duty All that Rescue Persons or Things taken in a course of Law as Rescuers of Persons Arrested or Goods or Cattel Distreined Pound-breakers and the like The lack of Stocks Pillory and Tumbrel Cucking-stool or Common Pound All that use Deceit in Buying and Selling that Sell false Wares for good especially if it be that which is to be Eaten or Drunk That Sell by false Weights and Measures Inn-keepers Victuallers Brewers Bakers Fishers Poulterers or Fishmongers that Sell that which is unwholsome for Food or Sell at unreasonable Prices Bakers and Brewers that do not keep the Assize of Bread and Beer and Millers that take excessive Toll Forestallers Regrators and Ingrossers may be punished in this Court by the Common Law And Usurers as Enemies to Trading But in these and such like Cases the Penalty of the Statute cannot be Imposed for Stewards have no Power by the Statutes but it is punished here as an Offence at the Common Law before the Statute which doth remain still and for these the Offender is to be amerced 2. By Statute Law are punishable Tanners Curriers Shoomakers Searchers and Sealers of Leather such as offend about Fish Malt Archery Guns Unlawful Games Artificers and Labourers Musters Highways Horses Hostlers and Victuallers about the price of Wine Pheasants Partridges Tracers of Hares Hunting in Corn about Cottages and Inmates about Drinking and Drunkenness Watering of Hemp where Cattle Drink about Rogues Crows c. Of all these and some others this Court may Inquire by Authority of divers Acts of Parliament for all which see Shepheard's Court-keepers Guide Coke's 4 Inst. and other Authors and the Statutes at large The Articles to be enquired of by the Leet by 18 Ed. 2. were inquirable therein by the Common Law This Court cannot take Indictments of any Felony for the death of a Man or in any other case where it hath not Cognizance And if it do it is void and it seems the Judge may be punished for it Neither can it take a Presentment of an offence done against a Parish or against a Man The like of Presentments of any thing which is not within the Jurisdiction of the Court. The Jury in this Court may make By-Laws and enquire of the breach of them as they have been used to do And for Cawseys High-ways and Bridges the greater part may bind the rest without consent 44 Ed. 3.19 But no By-Law can be made to Imprison Refusers but Distress and Action of Debt in this Case is the proper Remedy for a Penalty Imposed or Breach of a By-Law Coke's 5 Rep. 64. Shepheard's Court-keepers Guide cap. 39. The manner of Summoning this Court Proceeding therein and Adjournment and Discharging thereof you may see in Kitchins Court Leet Shepheard's Court-keepers Guide and other Authors Visus Franc ' Pleg ' i. e. Libere Fide jussores was instituted for the keeping of the King's Peace that every Freeman at his Age of 12 years should in the Leet if he were in any or in the Tourn take the Oath of Allegiance to the King and that Pledges or Sureties should be found for his Truth to the King and to all his People or else to be kept in Prison This Frank-pledge consisted most commonly of ten Housholds which the Saxons called Theothung in the North parts they call him Tenementale in other places of England Tything whereof the Masters of the Nine Families who were bound were of the Saxons called Freeborgh which in some places is to this day called Freebarow i. e. Free Surety or Frank-pledge And the Master of the 10th Houshold was by the Saxons called by divers Names viz. Theothungmon to this day in the West called Tythingman and Tihenheofod and Freoborher i. e. Capitalis plegius chief Pledge and these Ten Masters of Families were bound one for anothers Family that each Man of their
of Felony c. Yet when the Sea doth ebb the Land may belong to a Subject The King shall have Flotsam Jetsam and Lagan when the Ship perisheth or the Owners of the Goods are unknown A Man may have Flotsam and Jetsam by the King's Grant and Flotsam by Prescription as before is said Resolved that the Stat. of Westminst 1. cap. 4. by which it is Enacted That of Wreck of the Sea it is agreed That where a Man Dog or Cat escape alive out of the Ship or Vessel not any thing within them shall be accounted Wreck but the Goods shall be saved and kept by the View of the Sheriff Coroner or King's Bailiff c. So that if any sue for those Goods and can prove that they belonged to him or that they perished in his keeping within a year and a day they shall be restored to him without delay c. was but a Declaration of the Common Law And therefore all that which is provided as to Wreck extendeth also to Flotsam Jetsam and Lagan The Common Law gave all these three as also Estray Treasure-Trove and the like to the King for when no Man can claim Property in Goods the King shall have them by his Prerogative But Wreck may belong to the Subject by Grant from the King or by Prescription Flotsam Jetsam and Lagan so long as upon the Sea do not belong to the King but occupanti conceduntur eo quod constare non possit ad quam regionem essent applicanda And Wreck as well as Estrays of an Infant Feme-Covert Executrix a Man in Prison or beyond Sea if proclaimed and none claim them within a Year and a Day are bounden by the Law Coke's Rep. lib. 5.106 108. Sir Henry Constable's Case Rex pro salute animae suae ad malas consuetudines abolendas concessit quod bona in mari periclitata non perdantur nomine Wrecci quando aliquis homo aut bestia vivus de navi evaserit Veies le Stat. W. Primer Cap. 4. And Coke's 2 Inst 167 168. The Sheriff ought to sell bona peritura within the Year And the Subject must prove his Property in them within the Year and Day But the King may claim when he will and make proof If Treasure be found in the Sea the Finder shall have it at this day But otherwise it is now of Treasure Trove upon Land See Coke's 2 Inst. 168. If Wreck be not rightfully seized but taken by wrong-doers the Party may have a Commission of Oyer and Terminer to enquire of them Wreck shall be tried before the King's Justices at Common Law Coke's 2 Inst. 168. Coke's 4. Inst 134 154. The Coroner is to enquire of Wreck Coke's 4 Inst 271. and 3 Inst Title Appeals FINIS AN ALPHABETICAL TABLE A ARchbishops and Bishops Consistory Courts Page 42 Archdeacons Court Page 44 Aulnager Page 205 Admiralty Court Page 292 638 Aldermen and Mayors Court Page 356 Anglesey Isle Page 436 Anguila Page 520 Antegoa Page 524 B. BArons Court Page 235 Band of Pensioners Page 339 Bridge Page 378 Bantam or Banda Page 491 Bombaine Page 491 Bermudas Islands Page 515 Barbudas I. Page 519 Barbadoes I. Page 527 C. Convocation Page 32 Court of Arches Page 39 Court of Audience Page 39 Court of the Faculties Page 40 Court of Peculiars Page 41 Consistory Courts of Archbishops Bishops Page 42 Court of the Archdeacon or his Commissary Page 44 Court of Delegates Page 44 Civil Government of England Page 51 Court of the High Steward Page 81 539 Chancery High Court Page 90 Court of extraordinary Jurisdiction Page 93 Court of the Star-Chamber Page 104 Court for Redness of Delays Page 108 Court of Kings Bench Page 113 Common Pleas Court Page 121 Court of Exchequer Page 127 Court of Inquiry to certifie untrue Accompts in the Exchequer Page 140 Court of Equity in the Exchequer Page 141 544 Court of Justices of Assize Nisi prius Page 144 Court of Justices of Oyer and Terminer Page 153 Court of special Justices of Oyer and Terminer Page 166 Colledges Hospitals c. for charitable and lawful Purposes and Uses Page 167 Court of Justices of Goal-delivery Page 169 Court of Justices of the Forrest Page 175 Court of Justices in Eyre Page 193 Court of Justices of Trailbaston Page 195 Court of Wards and Liveries Page 196 Court of Ancient Demesne Page 196 559 Court of Commissioners of Sewers Page 198 569 Court of Commissioners upon the Statute of Bankrupts Page 201 573 Commissioners for Examination of Witnesses Page 203 578 Court of the Sessions of the Peace Page 210 591 Court of Inquiry of the Defaults of the Justices of the Peace Page 222 Court of the Tourn Page 223 595 Court Leet or View of Frankpledge Page 224 597 County Court Page 228 615 Court of the Hundred Page 233 630 Court Baron Page 235 632 Coroners Court Page 237 635 Court of Escheators and Commissioners for finding of Offices Page 239 635 Court of the Clerk of the Market Page 241 Court of Pipowders Page 246 Court of the Dutchy-chamber of Lancaster at Westminster Page 247 Courts of the County Palatin of Chester Page 251 Court of the County Palatin of Durham Page 252 Court of the County Palat. of Pembroke Page 255 Courts of the Cinque Ports Page 256 Court of Stannaries in the County of Devon and Cornwall Page 261 Court of the Mayor of the Staple Page 263 Court of the President and Council of Wales Page 269 Court of Chivalry before the Constable and Marshal Page 279 Colledge of Heralds Page 283 Court of Admiralty Page 292 638 Court of Commission by force of the Statute 28 H. 8. Cap. 5. Page 298 Commissioners and others for Beacons Signs of the Sea Light houses c. Page 299 Court of the King of England Page 308 Civil Government of the King 's Court Page 312 Compting-House Page 314 Court of Green-Cloth Page 315 Court of the Marshalsea Page 321 Court of the Pallace Page 322 Court of the Lord Steward Treasurer and Comptroller of the King 's House concerning Felony Page 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea Page 325 Court of the Queen of England Page 341 Civil Government of the Queens Court Page 342 Civil Government of Cities Page 345 Civil Government of London Page 348 Court of Hustings Page 351 Court of Conscience Page 354 Court of the Mayor and Aldermen Page 356 Court of Orphans Page 356 Court of Common Council Page 357 Court of Wardmote Inquest Page 358 Court of Halmote Page 358 Chamberlain 's Court for Apprentices Page 359 Court of the Conservators of the Water and River of Thames Page 360 Court of the Coroner in London Page 360 Court of the Escheator in London Page 360 Court of Policies and Assurances Page 361 Custom-House Page 379 Call or Creation of Serjeants Page 393 Colledge of Civilians in London Page 396 Colledge of Physicians