that there need not be any Written Law had thereof And we find so many Secundary Reasons in the Laws of England that many are willing to affirms the whole Law of England to be proved by Reason which notwithstanding is by no means to be affirmed as by another Example By a certain Statute it is Ordained That he who hath abjur'd the Realm whilst he is in the publick High-way shall be in peace with our Lord the King and not in any sort molested and by the Custom of the Kingdom he is to be conducted from Town to Town by the Constables c. to the Sea-port c. Now if he Escape the Constable ought not to be charged to the King because by reason of the Statute he could not keep him in safe Custody or use any Force or Imprisonment whereby he might be kept in safe Custody and the Reason is grounded upon that Statute And some say Robbery is to be prohibited from Reason Primary even before the Law of Property for that it was not Lawful even when all things were in Common to take any thing from another by force or to throw him out of his Habitation but that such Robbery is to be punished with Death is from the Custom of the Law of England Also from the General Law of Property aforesaid by the Laws of England are excepted Birds Wild beasts and Beasts of Warren in which by the Laws of England is no Property to any One unless they be Tame yet nevertheless by the Laws of England in the Eggs of Herons and such like Building in the Woods of any is a Property And for that every Deduction of Reason in the Laws of England proceeds from the first Principles or from somewhat from those Principles derived no Man althô the most Wise can Judge justly or Argue rightly in the Laws of England if he know not these Principles The Second Fundamental of the Law of England is Lex Divina whereby to punish the Transgressors against the Divine Law The Law of England in many Courts of our Lord the King doth Inquire of Hereticks Also if any Statute be made or set forth against them as that none shall give Alms it ought to be of no force also Persons Excommunicated in the Laws of England may not Prosecute nor have Communication with others whilst the Excommunication is certified And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes and other things which do of right belong to the Ecclesiastical Jurisdiction and receives Canonical or Ecclesiastical Laws Quae non Excedunt potestatem ferentis so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church As if the Law of the Church be that the Sentence of Divorce is not in force till it is affirmed upon Appeal The Judges of our Lord the King shall form their Judgment according to the Laws of the Church And if A. B. and C. D. have Goods and Chattels joyntly and A. B. by his last Will give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void The Third Fundamental of the Law of England is the General Customs of the Kingdom which are divers General Customs used and approved of in Ancient time throughout the whole Kingdom of England and who attempts any thing against them Works against Law and Justice And these are properly called the Common Law and ought always to be determined by the Judges whether a General Custom or not and not by the Country and of these and other Principles or Maxims a great part of the Law of England depends and therefore the King by his Coronation Oath promiseth inter alia that he will faithfully observe all the Customs of the Kingdom and the Ancient Customs of the Kingdom is the Original and Foundation of divers Courts in the same Kingdom Whereof one is The Chancery of the Kingdom in which inter alia Writs original are obtained directed to other Courts of the King another The Kings-Bench in which are handled all Treasons Murders Homicides Felonies and other things done against the Kings Peace another Court is called The Common Bench in which Common Pleas are handled That is to say of Lands and Tenements Debts and Chattels and such like another Court is called The Kings Exchequer in which are handled divers matters touching the King alone as of Sheriffs Escheats or Receivers Bayliffs and other the Kings Officers and the like and these are called Courts of Record because those who preside as Judges ought to be assigned by the Kings Letters Patent and these Courts have many and divers other Authorities of which we shall speak more hereafter in their proper places and likewise of divers other Courts of inferiour Authority in the Kingdom of England And althô in divers Statutes and Books mention is made of the Authority of these Courts yet we have no written Law of their Institution for their Institution depends upon the Custom of the Kingdom which hath so great Authority that they may not be altered or their Names changed or altered but by Act of Parliament Also there is an Ancient Custom which is confirmed by the Statute of Marlebridge That all shall do and receive Justice in the Kings Court and another that none shall be put to Answer or be judged but according to the Law of the Land and this is confirmed by Magna Charta And there are other General Customs in the Kingdom of England which retain the force of Law as that the eldest Son shall succeed the Father in the Inheritance and many more not here to be recited From whence it appears that Customs in the Laws of England may not be proved by Reason alone for how can it be proved by Reason that the Husband shall have the Wife's Land for Term of his Life as Tenant by that Law and that the Wife shall have only the Third part scilicet that it shall be so done and not otherwise And it is certain that the Law of Property is not the Law of Reason but a Customary Law and ought to be accounted amongst the General Customs of the Kingdom and there is not any Statute or written Law of the Institutions of the Customs of the Law of England but according to the Skilful in the Law of England The Ancient Customs of the Law of England are of themselves of sufficient Authority and the Customary Law is the most firm Law provided such a Custom be not against the Law of God or the Law of Reason The Fourth Fundamental of the Law of England consists of Divers Principles which the Learned in the Law call Maxims always esteemed and held for Law of this Kingdom of England which none Learned in the Law may contradict because every one of them gives Faith or Credit to it self and whether a Maxim or not is to be tried by the Judges as before is said of General Customs of
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—
County of Cambridge which was before within the Diocess of Lincoln And this King Henry the first granted to this new Bishop and his Successors Jura Regalia within the Isle of Ely But the Priory and Convent were by Henry the eighth suppressed and instead thereof a Dean and Prebendaries raised to be the Chapter of the Bishop and a Grammar School for a Master and 24 Scholars This Royal Jurisdiction the Bishop hath by Prescription granted upon the said Grant as well in Pleas of the Crown as in Common Pleas before his Justices of his Liberties and other Matters Vide Coke's 4 Instituets cap. 39. The County Palatine of Pembroke THis was an ancient County Palatine within Wales and the Earl was Comes Palatinus and had Jura Regalia and all things belonging to a County Palatine but the Jurisdiction thereof was taken away by the Statute of 27 Hen. 8. cap. 26. It being then in the King's hands The Franchise of Hexam and Hexamshire THis was sometime parcel of the Possessions of the Archbishop of York and claimed by him to be a County Palatine And at the Parliment 2 Hen. 5. resolved that Hexamshire was a Franchise where the Kings b Writ went not And in the Statute of 33 Hen. 8. It is named a County Palatine but by the Statute of 14 Elizab. cap. 13. It is declared no County Palatine or Franchise Royal The Courts of the Cinque-Ports BY Doomesday-Book it appears that the priviledged Ports were but Three at first viz. Dover Sandwich and Rumney afterward Two more Hastings and Hythe were added to them by the Conqueror And these have several Priviledges as to be free from Burthens and Charges and many others and every of these send Two Burgesses to Parliament by Name of Barons of the Cinque-Ports and although Two more viz. Winchelsey and Rye be added yet they hold their former Names of Cinque-Ports These lying towards France Antiquity provided they might be securely kept for performance whereof they have a Governour by his Office called Lord Wardon of the Cinque-Ports who is Admiral also and hath the Jurisdiction of the Admiralty amongst them He is also Constable of Dover Castel of whose Jurisdiction as Constable vide Stat ' Artic ' super Chartas and Coke's 2 Inst. 556. There is a Diversity between the Principality of Wales the Counties Palatine and the Cinque-Ports For Wales was no part of England but Counties Palatine are parcel of the Realm of England but divided in Jurisdiction and the Cinque-Ports are parcel of the County of Kent and yet Ubi Breve Domini Regis non currit but have not Jura Regalia And therefore regularly no Writ of Error did lye of a Judgment in Wales otherwise it is in the Counties Palatine A. Judgment here of Lands in Wales or in the County Palatine is void but a Judgment given here of Lands in the Cinque-Ports is good if the Priviledge be not pleaded for they are part of the County And in the Cinque-Ports are Divers Courts as first The Court before the Constable of the Castle of Dover And there be other Courts before the Majors and Jurators within the Ports themselves and another called Curia Quinque Portuum apud Shepway If any of the King's Courts write to have a Record in the Cinque-Ports or for doing any thing within the same the Writ is directed Constabulario Castri de Dover Guardiano Quinque Portuum And all Plaints against the Barons of the Cinque-Ports ought to be determined at Shepway before the Warden of the Cinque-Ports And if an Erroneous Judgment be given in the Cinque-Ports before any of the Mayors and Jurats it is to be Redressed before the Constable of Dover at the Court at Shepway which Court was raised by Letters Patents of Edward the First Vide more in Coke's 4 Inst cap. 42. and Records there cited The President and Counsel in the North. THis Counsel was raised by H. 8. by his Commission giving them two Authorities under one Great Seal For the King having suppressed Monasteries of 200 l. per Annum by Act of Parliament 27 H. 8. Insurrection was raised by Lord Hussey and 20800 Men in Lincolnshire whom Charles Brandon Duke of Suffolk appeased and afterwards of 40000 Men more commanded by Sir Robert Aske whom the Duke of Norfolk dispersed and afterwards a Great Commotion was raised in Lancashire Westmorland Cumberland and Northumberland whom the Earl of Derby quieted and divers other Rebellions being raised and overcome and appeased the King intending to suppress the Great Monasteries which he brought to pass in 31 H. 8. for preventing future Dangers By Commission 31 H. 8. gave power of Oyer and Terminer De quibuscunque Congregationibus Transgressionibus Riotis Routis c. per quae Pax c. in Com' Ebor ' Northumberland Westmorland Durham Com' Civitatis Ebor ' Kingston super Hull Newcastle super Tinam gravetur c. secundum Legem c. vel aliter secundum Sanas Discretiones vestras c. Necnon quascunque Actiones Reales seu de Libero Tenemento Personales c. audiend terminand ' But afterwards the said Commission being adjudg'd to be against Law First For that the Clause Secundum Sanas Discretiones vestras being Resolved by the Judges 6 Jacobi primi to be against Law and Secondly the latter Clause was then also so Resolved For that Actions Real and Personal were not to be heard and determined by Commission but Secundum Legem c. to the end their Authority should not be known they procured their Commission should not give them any Authority but wholly to refer to Private Instructions given them not to be Inrolled in any Court whereof King James being informed did give Order their Instruictions should be Inrolled for the Advantage of the Subjects This Commission hath had continuance therefore the Lord Coke thinks it worthy of some Establishment by Parliament Henry the Eighth likewise raised a President and Council for the Western parts but they of Devon and Cornwal opposed it Et sic Commissio illa cito evanuit Likewise no doubt is that there hath been a President and Councl of York De facto but what Jurisdiction they had is the Question But now the Courts are Dissolved the Jurisdiction being taken away by the Statute of 17 Car. 1. cap. 10. The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland THey proceed according to Marsh Law or Borders Law but their Jurisdiction was increased by Statutes and confin'd to Northumberland Cumberland Westmorland and Newcastle upon Tine But since King James was Monarch of both Kingdoms the said Courts are vanished and Hostile Laws on both Sides by Authority of Parliament in either of the Kingdoms are Repealed The Court of Stannaries in the Counties of Devon and Cornwal Is so called à Stanno and the Style of this Court is Magna Curia Domini Regis Ducatus sui Cornubiae apud Crokerenton in Com' Devon ' coram A. B. Custode Stannariae
The Grant of Earl Marshal of England by Letters Patents of Rich. the 2d and other Grants thereof you may see more at large Coke's 4 Institutes cap. 17. The Maritime Power of England ALL the King 's Maritime Forces are under the Command of the Lord High Admiral of England so called from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek that is Praefectus Marinis A compound word from the Eastern Empire introduced into England after the Wars in the Holy Land by King Richard or King Edward the first His Patent was antiently Angliae Hiberniae Acquitaniae Magnus Admirallus But now it is Angliae Hiberniae Dominiorum Insularum eorundem Villae Calesiae Marchiarum ejusdem Normandiae Gasconiae Acquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum And this Office for the Great Trust and Honour is usally given to the King 's younger Son near Kinsman Or one of the Principal Nobility He hath power to Commissionate a Vice-Admiral a Rear-Admiral All Sea Captains And also Deputies for particular Coasts Coroners Commissioners and Judges for the Court of Admiralty to Imprison Release c. and sometimes to confer Knighthood on such as deserve it at Sea To him by Law and Custom belong Penalties and Amerciaments of Transgressors at Sea on the shore in Ports and from the first Bridge on Rivers towards the Sea Also the Goods of Pirates Felons or Capital Faulters condemned Outlawed or Horned All Waifs Strays Goods Wrecks of Sea Deodands a share of lawful Prizes Lagon Jetsam and Flotsam that is Goods lying in the Sea on the Ground Goods Floating on the Sea and Goods cast by the Sea on Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea-Hogs and others of Extraordinary bigness called Royal Fishes Except Whales and Sturgeons To the Crown of England belongs the Sovereignty of the Narrow-Sea round the Island of Great Britain whereof by Ancient Right it hath had Possession in all times and King Edgar stiled himself Sovereign of the Narrow-Seas In Testimony whereof the Swedes Danes Hollanders c. were wont to aske leave to pass the British-Seas and to take Licenses to Fish therein And to this day Strike Sail to all the Ships of War belonging to the King of England as oft as they pass by any of them thereby acknowledging his Sovereignty according to an Ordinance made at Hastings in Sussex by King John about 450 years ago To maintain this Right Protect Trade and Defend their Kingdoms The Kings of England have Ships of War for Strength Beauty and Sailing Surpassing all other in the World of these such as Ships then were King Edgar is said to have 3600 And the late King Charles had 7 of the First Rate 9 of the Second Rate 22 of the Fifth and 18 of the Sixth Rate besides 30 Fireships and several Small Vessels for Tenders and Victuallers The Royal Sovereign Built by King Charles the first 1637 being of the First Rate was in Length by the Keel 127 Foot in Breadth by the Beam 47 Foot in Depth 49 Foot her Draught of Water 21 Foot Burthen in all 2072 Tunns and 1492 Tunns besides Guns and Tackle hath 6 Anchors the biggest 6000 l. weight and the least 4300 l. weight 14 Cables the greatest 21 Inches compass and weighs 9000 l. weight the least 8 Inches compass weighing near 1300 l. weight 18 Masts and Yards the Main Mast 113 Foot long and 38 Inches Diameter the Main Yard 105 Foot long and 23 Inches Diameter and her Main Top 15 Foot Diameter Had 10 several sorts of Sails Her greatest called the Main Course contained with her Bonnet 1640 yards of Canvas Ipswich double The least called the Foretop Gallant Sail 130 yards of Canvas The compleat suit cost 404 l. The weight of Sea store in point of Ground Tackle and other Cordage 60 Tuns 800 and odd Pounds Shee carried a Long boat of 50 Foot a Pinnace of 30 Foot and a Skiff of 27 Foot long The weight of her Rigging 33 Tun She hath 3 Tires of Guns 44 in the Upper 34 in the Second and 22 in the Lower Tire in all 100 Guns She carried Officers Soldiers and Mariners in all 850 Men. The charge for Victuals Ammunition Wages Wear and Tear every Month at Sea costs 3500 l. The Charge of Building a First Rate Ship with Guns Tackle and Rigging doth usually amount to 62432 the lesser Rates Charge is proportionable A Second Rate carries from 56 to 80 Guns A Third Rate from 58 to 70 Guns A Fourth Rate from 40 to 60 Guns A Fifth Rate from 24 to 32 Guns A Sixth Rate from 6 to 18 Guns The Lord High Admiral may fitly be reputed Vice-Roy of the Maritime Kingdom of England Nam in Mari sunt Regna distincta idque Jure Gentium sicut in arida Terra The Vice-Admiral is an Officer to whom next under the High Admiral it belongs to see the Royal Navy kept in good Repair The Wages of Mariners and Shipwrights duly paid and the Ships provided of all things necessary The Lord High Admiral doth appoint in divers parts of the Kingdom Vice Admirals with their Judges and Marshals by Patent under the Great Seal of the Admiralty These do Exercise Jurisdiction in Maritime Affairs within their Limits and if any be aggrieved by their Sentence or Decree he may Appeal to the High Court of Admiralty and of these round the Coasts are about 22 in England and Wales The Lord High Admiral hath Courts for the Maritime Affairs whereof the Principal is at London and called The Court of Admiralty IN this Court Erected as some hold by Edward the Third The Lord Admiral hath a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law Because The Proceeding is in all Civil Matters according to the Civil Law The Sea being without the Limits of the Common Law and by Libel they Proceed to the Action the Plaintiff giving caution to prosecute the Suit and to pay what shall be adjudged against him if he fail therein The Defendant also giving Security or Caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratify whatever his Proctors shall do in his name Besides the Civil Law The Laws of Rhodes and Oleron are here used The former for their Excellency being Incorporated into the Volumes of the Civil Laws And Oleron being an Island in the Bay of Aquitain belonging to the Crown of England King Richard the first there Compiled such Excellent Laws for Sea Matters that in the Ocean Sea Westward they had almost as much Repute as the Rhodian Laws in the Mediterranean and these Laws were called La Rool de Oleron Many Statutes and Ordinances were made by King Edward the Third and other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and
Dutchy Concerning the Judicature and Customs of these Isles it appeareth by Records in the Tower Quod Rex Johannes constituit 12 Coronatores Juratos ad Placita Jura ad Coronam spectantia custodienda Et concessit pro securitate Insularum Quod Ballivus de caetero per visum Coronatorum poterat placitare sine Breve de Nov. Disseisinae facta infra Annum De Morte Antecessorum infra Annum De Dote similiter infra Annum And now they have a Governour appointed by the King of England and Twelve Assistants selected out of every several Parish And for the most part they proceed according to the Customs of Normandy Altho' the King's Writ runneth not into these Isles yet his Commission under the Great Seal doth But the Commissioners must judge according to the Laws and Customs of the Isles Insula Vectis or Vecta THe Isle of Wight is esteemed part of Hampshire from which it is severed by a dangerous Streight of the Sea It contains 20 Miles in Length Twelve in Breadth and is Governed by the Laws of England as the other Shires have been the Soyl is answerable to the Husbandman's Expectation The Sheep bear fine Wool and the Trees store of Fruit. Here are One Forest Two Parks and 36 Towns and Villages the Chief being Newport Yarmouth and Brading The Island is strongly scituated being Inaccessible towards France but because the North-shoar is Level it is fortified on that side with Three Castles viz. Yarmouth Cows and Sand-head Castle and in the Midst of the Island is Carisbrooke Castle wherein hath sometimes been Armor for 50000 Men and in every Village a Great Piece of Ordnance This Isle was taken from the Britains by Wolphur King of Mercia and hereof King Henry the Sixth Crowned Henry Beauchamp Earl of Warwick King and he was after named Primus Comes totius Angliae sed cum illo Novus hic insolitus Titulus omnino evanuit The Sorlings CAlled by the English and Belgians Scilly Islands by Antonine in his Itinerary Sigdoles by Solinus Silyres by some Greek Writers Hesperides and Casterides are scituate against the Western Cape of Cornwal from which they are distant 24 Miles They are in Number 145 of which 10 only are of Estimation viz. 1. Armath 2. Agnes 3. Sampson 4. Scilly 5. Bresar 6. Rusoâ— 7. St. Helens 8. St. Martins 9. Arthur 10. St. Maries Chief of all the rest being 8 Miles in compass sufficiently Fruitful and strengthned with a Castle called Stella Maria by Queen Elizabeth These Islands are stored with Grass Grain and Lead which last was once carried hence into Greece Hither the Roman Emperors Banished Condemned Men to Work in the Mines These were subdued to the English Crown by Athelstane The Island Lindisfarne Or LEndisfarne scituate near the River Lied called also Holyfarne or Holy Island on the confines of Northumberland Hath one Castle one Church one Parish and a safe Haven defended by a Blockhouse It was in ancient time a Bishops Seat after Translated to Duresme and is Governed by the Laws of England It was called Holy Island for that many Religious Men in times past retired thither being a Solitary place There are divers other Islands as Denny Londay and Chaldey in the Severn Sea Thanet and Sheppey near Kent Farne Isle near Lindisfarne and Cockat Islands near Northumberland and many others of small account A COMPENDIUM OF THE Laws and Government OF SCOTLAND WITH THE ISLANDS Thereunto belonging Anno Domini 1699 SCOTLAND IS so called from Scotti Scitti or Scythi a People of Germany over whose Northern Bounds the Name Scythia did once extend These seized on a part of Spain next to Ireland and Anno 424. on the West part of this Country It is the rest of the Isle of Albion or Great Britain in Length from Dungesby-Head to the South parts of Gallway 250 Miles in Breadth from Aberdeen to the Isle of Mule 150 Miles hath no place distant from the Sea 62 Miles and ends like the sharp point of a Wedge It was anciently called Calidonia and sometimes Albania now by the French l'Escosse by the Italians la Scotia by the Spaniards la Escocia and by the Germans Schotlandt and is separated from England by the Rivers Tweed and Solway and the Cheviot Hills in the midst between which were The Borders sometimes extended to Edinburgh and Sterling in Scotland and at other times were enlarged and took in Cumberland Northumberland and Westmorland in England and were Secured or Defended by three Officers in each Kingdom called Lord Wardens of the Marshes But now by the Marriage and Union of the two Kingdoms The Officers and Warres which were the cause of them are extinct Scotland was for many Ages Governed by its own Kings but with divers considerable Alterations till the year 1602 it was to our great satisfaction united to England for ever and does still remain under it Governed by a Vice-Roy called Lord Commissioner Here were formerly two Populous Nations the Scots before described and the Picts who were indeed very Britains who Fled into the Northern parts which are still almost Free when the Romans entred the Scuth parts of Britain These using the ancient Customs of Painting their Bodies after the rest were more Civilized were by the Romans called Picts They Swayed here a long while alone till the year 424 when the Scots set footing in Britain with whom they contracted a League against the Britains but after Warring among themselves Kenneth King of Scots vanquished Dunsken King of the Picts and thereby extinguished both their Kingdom and Name Anno 839. After James the 6th being the 36th King united the Crown of England and Scotland Their chief Commodities Cattle Course Cloaths Frizes Fish Lead Oar Iron Saltpetre Linnen Cloath Train Oyl some Hides and Tallow The Country is divided into the High-lands and Low-lands The first Rude The other of like Ingenious Disposition and Language almost with the English these being the Off-spring of the Saxons and the High-landers The true Scots who speak the Irish Tongue and call both the Low-landers and English Saxons The Gospel was first Preached here by Palladius Anno 431. They are now Protestants and those chiefly Presbyterians Their Language in the South parts a corrupt English and on the North and West parts a Dialect of the Irish The Division is into two Parts viz. 1. High-land or North Scotland somewhat the larger of the Two the Seat of the old Scots 170 Miles long and 130 broad divided into 13 Counties viz. 1. Cathness Chief Towns-Wick and Catness 2. Strathnavern Chief Town Strathy 3. Sootherland Chief Town Dornock 4. Rosse Chief Town Tayne 5. Murray Chief Town Elgen 6. Loquabrea Chief Town Innerlochy 7. Broad-Alben Chief Town _____ 8. Athol Chief Town Blaire 9. Buquihan Chief Town Stanes 10. Marr Chief Town Aberdeen 11. Mernis Chief Town Bervy 12. Anguis Chief Towns Dundee and Brechin 13. Perth Chief Town Perth the Chief Town of the whole Aberdeen 2.
Archiepiscoporum meorum hanc meam munificentiam signo meo corroboravi ✚ Ego Alfrye Regina consensi Signo Crueis confirmavi Ego Dunstan Archiepiscopus Dorobor ' Ecclesiae Christi consensi subscripsi ✚ Ege Osticel Archiepiscopus Eboracenses Ecclesiae consensi subscripsi Ego Alferic Dux Ego Buthnod Dux Ego Arigdary Dux And what Ecclesiastical Jurisdiction the Archbishop of Canterbury had in Ireland in ancient time before it was Subject to the Crown of England you may read in Cambden's Britannia p. 735 765. as namely in the Consecration and Confirmation of their Bishops by reason of his Primacy in Ireland Co. 4 Inst 360. King Henry the Second at a Parliament holden at Oxford Created his Son King John King of Ireland But succeeding Kings wrote themselves Domini Hiberniae till 33 Hen. 8 in which year he took upon himself the Style of King of Ireland being so Declared at a Parliament in Dublin Coke's 4 Inst 360. Certain it is that whilst the Liberal Sciences in Europe lay Buried in Darkness their Lustre did shine forth clearly in Ireland Thither did our English Saxons repair as to a Mart of good Literature whence of the Holy Men of those times we often read Amandatus est ad Disciplinam in Hiberniam Co. 4 Inst 360. In the Book of Magna Charta is an Ordinance for Ireland concerning divers Matters Entituled Ordinatio pro statu Terrae Hâ—berniae By the Statute of 17 Ed. 1 cap. 1. The King's Officers in Ireland shall purchase no Land there without the King's License King's Officers in Ireland shall make no Purveyance there but by Writ out of Chancery there or in England and that in time of Necessity only and by the Advice of the Council there All kind of Merchandizes may be Exported out of Ireland except to the King's Enemies and if any Officer restrain them he shall satisfie double Damages to the party grieved and be also punished by the King The Fees for every Bill of Grace in Ireland under the Seal of the Justice there shall be Four pence for the Bill and Two pence for the Writing thereof The Marshals Fee for a Prisoner when he shall be Delivered is Four pence No Pardon of the Death of a Man or other Felony or for flying for the same shall be granted by the Justices there but only at the King's Command and under his Seals No Officers there shall receive any Original Writ which is not Sealed by the Seal of Ireland or by the Exchequer Seal there of things concerning that Court. The Justices of Ireland shall not Delay or Adjourn Assize of Novel disseisin there save only in the County where he is and while he shall remain there By the Statute of 34 Ed. 3.17 all kind of Merchandize may be Exported and Imported out of and into Ireland as well by Aliens as Denizens Persons who have Lands and Possessions in Ireland may freely Import and Export their Commodities thither and from thence without Impeachment By the Statute of 1 Hen. 6.3 all Irish Men shall avoid the Kingdom except Graduates Beneficed Men Lawyers having Inheritance in England and English Parents Religious Persons Professed Merchants Burgesses and other Inhabitants of good Fame and Persons Married in England and all they shall find Surety for their Good Behaviour No Irish Man shall Inhabit here in the Universities or elsewhere without a Testimonial under the Seal of the Lieutenant or Justices of Ireland Testifying that he is of the King's Obeysance to be Delivered to the Chancellor here in pain to be punished as a Rebel No Irishman shall be Head or Governour of any Hall or House By the Statute of 2 Hen. 6.8 Irishmen coming to live in England shall give Surety for their Good Behaviour viz. in the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other Liberties to the Head Officers respectively By the Statute of 16 17 Car. 1.30 an Act for a speedy Contribution and Loan towards the Relief of the King 's Distressed Subjects of the Kingdom of Ireland See the Statutes at large An Act for the Speedy and Effectual reducing of the Rebels in Ireland to their due Obedience to the King and the Crown of England and certain other Additional Acts were made for the same purpose and for the Sale of Forfeited Lands there By the Statute of 32 Car. 2. cap. 2. The Act made 18 Car. 2. Entituled An Act against Importing Cattle from Ireland and other parts beyond the Seas and Fish taken by Foreigners is revived and Power given not only to Constables and Officers but to every Person whatsoever in any place whatsoever to take and seize the Cattle and Goods Imported contrary to the said Act And that such Seizer shall have the Benefit given by this Act. The other Acts concerning Ireland made in England and the divers Acts made in Ireland you may see in the Books of the Statutes of either Kingdom at large The Rule Quando duo jura concurrunt in una persona aequum est acsi in diversis holdeth not in Personal things that is when two Persons are necessarily and inevitably required by Law For no man can now say That the King of England can make War or League with the King of Scotland or King of Ireland c. there being but One Head of both and as Liegance of the Subjects of both Kingdoms is due to their Sovereign by one Law and that is the Law of Nature So there is a Union of Protection of both Kingdoms equally belonging to either of them altho' in other respects they are distinct Kingdoms For and Earl or Baron of Ireland is not a Peer or of the Nobility of this Realm as appeareth by the Book 8 R. 2. where in an Action of Debt Process of Outlawry was awarded against the Earl of Ormond in Ireland which ought not to have been if he had been Noble here But there is a diversity worthy of Observation for the highest and lowest Dignities are Universal For if a King of a Foreign Nation come into England by leave of the King as it ought to be in this case he shall Sue and be Sued by the Name of a King And a Knight shall be so named wheresoever he received that Dignity Co. 7 Rep. Calvin's Case If a King come to a Christian Kingdom by Conquest he having Vitae Necis potestatem may alter the Laws of that Kingdom at his pleasure but until such alteration the Ancient Laws of that Kingdom remain But if a a Christian King Conquer the Kingdom of an Infidel there ipso facto the Laws are abrogated and in that case until certain Laws be established the King by himself and such Judges as he shall appoint shall judge them and their Causes according to Natural Equity in such sort as Kings in ancient time did their Kingdoms before any certain Municipal Laws were given But if a King have a Kingdom by Title of
Descent for that by the Laws of that Kingdom he doth Inherit he cannot change those Laws of himself without Consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after King John had given to them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament And in this case whilst the Realm of England and that of Ireland were Governed by several Laws any Born in Ireland was no Alien to the Realm of England And in case of a Conquest of a Christian Kingdom as well those that served in the Wars at the Conquest as those that remained at home for the Safety and Peace of their Country and other the King's Subjects as well Antenati as Postnati are capable of Lands in the Kingdom or Country Conquered and may maintain any Real Action and have the like Priviledges there as they may have in England Co. 7 Rep. 17 Calvin ' Case Ireland came to the King 's of England by Conquest but who was the first Conquerour hath been a Question The Lord Coke saith he had seen a Charter made by King Edgar in these Words Ego Edgarus Anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omniumque Insularum Oceani quae Britanniam cirumjacent Imperator Dominus gratias ago ipsi Deo Omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum c. mihi concessit propitia Divinitas cum Anglorum Imperio omnia Regia Insularum Oceani c. cum suis ferocissimis Regibus usque Norvegiam maximamque partem Hiberniae cum sua Nobilissima Civitate de Dublina Anglorum Regno subjugare quapropter ego Christi gloriam laudem in Regno meo exaltare ejus servitium amplificare devotus disposut c. Yet for that it was wholly Conquered in the Reign of King Henry the Second the Honour of the Conquest of Ireland is attributed to him and his Style was Rex Angliae Dominus Hiberniae Dux Normanniae Dux Aquitaniae Comes Andegaviae It is evident by our Books that Ireland is a Dominion separate and divided from England And 2 R. 3.12 Hibernia habet Parliamentum faciunt Leges nostra Statuta non ligant eos quia non mittunt Milites ad Parliamentam which is to be understood unless they be especially named sed Personae eorum sunt Subjecti Regis sicut Inhabitantes in Calesia Gasconia Guyan Concerning their Laws Ex Rotulis Patentium de Anno 11 Regis H. 3. there is a Charter which that King made beginning in these Words Rex c. Baronibus Militibus omnibus libere Tenentibus Salutem Satis ut credimus vestra audivit discretio Quod quando bonae memoriae Johannes quondam Rex Angliae Pater noster venit in Hiberniam ipse duxit secum Viros discretos legis peritos quorum Communi consilio ad instantiam Hibernensium Statuit praecepit Leges Anglicanas in Hibernia ita quod Leges easdem in scripturas redactas reliquit sub Sigillo suo ad Scaccarium Dublin ' So as now the Laws of England became the proper Laws of Ireland But because they have Parliaments holden there whereat they have made divers particular Laws and for that they retain unto this day divers of their Ancient Customs The Book 20 H. 6.8 holdeth That Ireland is governed by Laws and Customs separate and diverse from the Laws of England A Voyage Royal may be made into Ireland which proveth it a distinct Dominion In the Statute of 4 H. 7. cap. 24. Of Fines Provision is made for those that be out of this Land and it is holden in Plowden's Commentaries in Stowel's Case 375. That he that is in Ireland is out of the Land and consequently within that Proviso Co. 7 Rep. Calvin's Case But he is no Alien that is Born within the King's Obedience And no Man can be Alien to the Subject that is no Alien to the King Non potest esse Aliegena Corpori qui non est Capiti Non gregi qui non est Regi If an Irish Man dwelling in Ireland hath Lands in England he shall be chargable for the same to all intents as if an English Man were Owner thereof and dwelt in Ireland But if Irish Men or Men of the Isles of Man Jersey Guernsey c. have Lands within England and dwell here they shall be subject to all Services and publick Charges within this Realm as an English Man shall be Co. 7 Rep. 26. Calvin's Case A COMPENDIOUS DESCRIPTION OF THE English Plantations IN ASIA AFRICA AND AMERICA Anno Domini 1699 English Plantations IN ASIA BAntan or Banda Scituate near the Molucco's in the East-Indies abounding more in Nutmegs than any other Island of India and for that cause much frequented but this Trade is now taken from us by the Dutch The chief Town is Nera Here the Christian Faith hath taken deep Root according to the Church of Rome The English have a Colony at Surrat and Fort called the Fort of St. George c. which are not for our purpose more to describe Bombain Is also under the English Government but being of no great account we shall no further describe it The English Colonies in Africa GUinea in Terra Nigritarum doth acknowledge the English Government It extendeth from Sierra Leona in the 10th Degree of Longitude to Benin in the 30th Here is neither Town or Castle except Mina Built by the Portugals This is a Country very Fruitful having Mines of Gold The Juice of a Tree as Strong as Wine and much abounding in Rice Barley Ivory and Guinea Pepper Tanger Did here formerly belong to the English but the Mole and Castle is now Demolished The English Plantations in America THis Immense Country may be properly called a New VVorld being discovered by Christopher Columbus Anno 1492. The ancient Fathers Philosophers and Poets being of Opinion That the places near the North and South Pole were not Inhabitable by reason of the Extremity of Cold and the Middle part because of Excessive heat and thought it a great Solecism to believe the Earth was round For holding which Opinion 'T is said Pope Zacheus was so Zealous against Bishop Virgil That he Sentenced him to be cast out of the Temple and Church of God and to be deprived of his Bishoprick for this perverse Doctrin That there were Antipodes or People whose Feet are placed against ours although this discovery of America hath fully confirmed these Opinions and the yearly compassing the World evidenceth the necessity and certainty of Inhabitants living on all Parts of the Earthly Globe But the particular Discoveries and Voyages into the several parts of America being not for our present purpose I shall proceed to give some Relation of the Discovery Plantation and Government of those Countries and Islands in the VVest-Indies which
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
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
Court Barons Coke's 2 Inst. 123. Copyhold Lands cannot be transferred but by Surrender into the Hands of the Lord according to the Custom of the Manor Coke's 4 Rep. 25. Copy-hold Cases Severance by the Lord shall not destroy the Estate of the Freeholder ibidem The Grantee having but one single Copyhold cannot hold Court Coke's 5 Rep. 27. Copyhold Cases Underwood and Herbage may by Custom be granted by Copy And when a Copyholder shall alledge Custom and when and how he ought to prescribe See Coke's 4 Rep. 31 32. Copyhold Cases The Attorney in surrendring a Copyhold ought to pursue the Custom strictly Coke's 4 Rep. 76. Comb's Case No Steward or Deputy-Steward of any Leet or Court Baron shall make Benefit to the Value of 12 d. or more by colour of any Grant made of the Profits of such Court in Pain to be disabled to be Steward in any Court and to forfeit 40 l. between King and Prosecutor Stat. 1 Jac. 1.5 Of the Diversity of Customs of Manors and other Matters concerning this Court you may read at large in Coke's 4 Rep. Copyhold Cases Shepherd's Court-keeper's Guide and others If a customary Tenant who is out of the Realm shall not be bound by Nonclaim upon a Fine which is a matter of Record à fortiori he shall not be bound by Nonclaim upon a Descent which is a Matter in Fact Coke's 8 Rep. Sir Richard Letchford's Case See before in The Court Baron Page 235. To the Court of the Coroner STat. 3 H. 7. gives the Coroner a Fee of Thirteen Shillings and Four Pence super visum corporis of the Goods of the Murderer Coke's 2 Inst 176. See in County Court See before in Court of the Coroner Page 237. To the Court of Escheator BY Stat. W. 1. cap. 24. No Seisure can be made of Lands or Tenements into the King's Hands before Office found But if the Sheriff seise Lands by Commandment of the Justices then is the Sheriff excused tho' the Justices therein did Err and if he did of his own Head then had the Party Remedy by Assize against the Sheriff and therefore the Party was required to sue out a Writ to the Justices to certifie if the Seisure were by their Commandment If the Escheator taketh an Office virtute Officii he may seise the Land but if of his own Head he seise the Land without Office that Seisure is colore Officii and an Assise is maintainable against him sic de caeteris Coke's 2 Inst 206 207. Upon the Assise the Party shall recover the Land and double Damages and the Escheator shall be in the grievous Mercy of the King ibid. Where before Stat. 34. E. 3.36 E. 3. and 8 H. 6. the Party grieved by any Office might have had his Travers or Monstrans de droit by Common Law and where he was driven to his Petition and how relieved by those Statutes See Coke's 2 Inst 688. Coke's 4 Rep. 54 55. A Termer could not traverse an Office by the Common Law but if it were found in the Office he might have a Monstrans de droit and so of others that had but Chattels Real Where there is double matter of Record to intitle the King to a Chattel Personal as an Attainder and an Office that the Person attainted was possessed of a House the Office may be Traversed because Chattels Personal are Bona peritura and cannot abide the delay of a Petition Coke's 2 Inst 689. By Stat. Lincoln de Escheatoribus the Escheator cannot seise before Office ibidem Houses and Lands which lie in Livery and whereof there is Profit presently taken the Party by finding the Office is out of Possession But of Rents Commons Advowsons and other Inheritances incorporeal which lie in Grant it is otherwise Coke's 2 Inst. 694. Upon Attainder of Felony the King cannot be Entitled without Office but if a special Office were found that the Husband had nothing but in Right of his Wife there the Heir was not put to his Petition Coke's 1 Rep. 50. Alton Wood's Case Tenant for Life or Years of a Manor shall have an Escheat Coke's 2 Inst 146. See before in The Court of Escheator Page 239. To the Court of Admiralty THERE is a Felony punishable by the Civil Law because it is done upon the High Sea as Pyracy Robbery or Murder whereof the Common Law did take no notice because it could not be tryed by twelve Men. If this Piracy be tryed before the Lord Admiral in the Court of Admiralty according to the Civil Law and the Dilinquent there attainted yet shall it work no Corruption of Blood nor Forfeiture of his Lands otherwise it is if he be Attainted before Commissioners by force of the Stat. 28 Hen. 8. And Pirate cometh from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a Rover at Sea Vide Coke's 1 Inst 391. a. If any Injury Robbery Felony or other Offence be done upon the high Sea Lex terrae extendeth not to it therefore the Admiral hath Conusance thereof and may proceed according to the Marine Law by Imprisonment of the Body and other Proceedings as have been allowed by the Laws of the Realm Coke's 2 Inst 51. The like of things done in a Foreign Kingdom which shall be tryed before the Constable and Marshal ibid. Wreck are such Goods only which are cast and left upon the Land by the Sea Flotsam is when a Ship is sunk or otherwise perished and the Goods float upon the Sea Jetsam is when a Ship is in danger to sink and for lightning the Ship the Goods are cast into the Sea and afterwards notwithstanding the Ship perisheth Lagan or rather Ligan is when the Goods so cast into the Sea and afterwards the Ship perisheth and such Goods so cast are so heavy that they sink to the bottom and the Mariners to the intent to have them again tie to them a Buoy or Cork or such thing which will not sink And none of these are called Wrecks unless by the Sea put upon Land And so Flotsam Jetsam and Lagan being cast upon the Land shall pass by the Grant of Wreck Coke Part 5.106 Vid. Termes del Ley. Wreck of Sea therefore is when the Goods are by the Sea cast upon the Land and so infra Comitatum whereof the Common Law taketh Conusance but the other three are all upon the Sea and therefore of them the Admiral hath Jurisdiction Bracton lib. 3. cap. 3. When Wreck is claimed by Prescription as by Law it may be the Pleading is Bona Wreccata super mare ad terram project ' The Soil upon which the Sea floweth and ebbeth scil between the high Water and low-Water-Mark may be Parcel of the Manor belonging to a Subject and yet resolved in Lacy's Case Trin. 25 Eliz. That when the Sea floweth and hath plenitudinem maris the Admiral shall have Jurisdiction of every thing done upon the Sea between the High-Water-Mark and Low-Water-Mark by the ordinary Course of the Sea as