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
was before the Conquest For in an ancient and Authentical Manuscript Intituled Authoritas Seneschalli Angliae where putting an Example of his Authority saith Sicut accidit Godwino Comiti Kanciae tempore Regis Edw ' antecessoris Willielmi Ducis Normandiae pro hujusmodi male gestis consilijs suis per Seneschallum Angliae adjudicatus forisfecit Commitivam suam In the time of the Conqueror William Fitz Eustace was Steward of England and in the Reign of William Rufus and Hen. 1. Hugh Grantsemenel Baron of Hinkley held that Barony by the said Office Of ancient time this Office was of Inheritance and appertained to the Earldom of Leicester as it also appeareth by the said Record Seneschalcis Angliae pertinet ad Comitivam de Leicester pertinuit ab antiquo That is that the Earldom of Leicester was holden by doing of the Office of Steward of England Other Records testified thaâ— it should belong to the Barony of Hinkley The truth is That Hinkley was parcel of the Possessions of the Earâ— of Leicester for Robert Bellomont Earâ— of Leicester in the Reign of Hen. 2 Married with Petronilla Daughter and Heir of the said Hugh Grantsemenel Baron of Hinkley and Lord Steward oâ— England and in her right was Steward of England And so it continued until by the Forfeiture of Simon Montford it came to King Hen. 3. who iâ— the 50th year of his Reign created Edmond his Second Son Earl of Leicester Baron of Hinkley and High Steward of England which continued is his Line until Henry of Bullinbrook Soâ— and Heir of John of Gaunt Duke oâ— Lancaster and Earl of Leicester who was the last that had any Estate of Inheritance in the Office of the Steward of England since which time it waâ— never granted to any Subject buâ— but only hac vice and the reason was for that the Power of the Steward of England was so transcendent that it was not holden fit to be in any Subjects hands For the said Record saith Es Sciendum est quod ejus Officium est supervidere regulare sub Rege immediatè post Regem totum regnum Angliae omnes Ministros legum infra idem Regnum temporibus pacis guerrarum c. and proceedeth particularly with divers exceeding High Powers and Authorities which may well be omitted because they serve for no present use And albeit their Power and Authority have been since the Reign of Henry the Fourth but hac vice yet is that hac vice limited and appointed As when a Lord of Parliament is Indicted of Treason or Felony then the Grant of this Office under the Great Seal is to a Lord of Parliament reciting the Indictment Nos considerantes quod Justitia est virtus excellens Altissimo complacens aeque prae omnibus uti volentes ac pro eo quod Officium Seneschalli Angliae cujus praesentia pro administratione justitiae executione ejusdem in hac parte facien requiritur ut accepimus jam vacat De fidelitate strenuitate provida circumspectione induâ—tria vestris plurimum câ—nfidenteâ— ordâ—nâ—vimus constituimus vos ex hac causa causis Seneschallum nostrum Angliae ad Officium illus cum monibus eidem Officio in hac parte debitis pertinentibus hac vice gerend ' accipiend ' exercend ' dantes concedentes vobis tenore praesentium plenam sufficientem potestatem authoritatem ac mandatum speciale indictamentum praedict ' c. So that it appeareth that this great Officer is wholly restrained to proceed only upon the recited Indictment And he to whom this Offic is granted must be a Lord of Parliament and his proceeding is to be Secundum Leges Consuetudines Angliae for so is his Commission And hereof you may read more at large in Coke's 3 Inst Chap. High Treason Also at every Coronation he hath a Commission under the Great Seal hac vice to hear and determine the Claims for Grand Serjeanties and other Honourable Services to be done at the Coronation for the solemnization thereof For which purpose the High Steward doth hold his Court some convenient time before the Coronation See a President hereof before the Coronation of King Richard the Second John Duke of Lancaster then Steward of England who in Claims before him was styled Tres Honourable Seignior Roy de Castile Leon Seneschalle d' Engleterre and held his Court in Alba Aula apud Westm die Jovis proximè ante Coronationem Quae quidem coronatio habita solemnizata fuit die Jovis sequente viz. 16 Julij Anno 1 Ric. 2. The first that was Created Hac vice for the Solemnization of the Coronation of Henry the Fourth was Thomas his second Son and upon the Arraignment of John Holland Earl of Huntingdon the first that was Created Steward of England Hac vice was Edward Earl of Devon When he sitteth by force of his Office he sitteth under a Cloth of State and such as direct their Speech unto him say May it please your Grace my Lord High Steward of England The style of John of Gaunt was Johannes filius Regis Angliae Rex Legionis Castellae Dux Aquitaniae Lancastriae Comes Derbiae Linconliae Leicestriae Seneschallus Angliae And in respect his Power before it was limited was so Transcendent no mention is made of this Great Officer in any of our ancient Authors the Mirror Bracton Britton or Fleta It seemeth they liked not to treat of his Authority neither is he found in any Act of Parliament nor in any Book Case before the 1st of Henry the Fourth and very few since which hath caused me to be the longer saith the Lord Coke in another place to set forth his Authority and due proceeding upon the Arraignment of a Peer of the Parliament by Judicial Record and Resolution of the Judges agreeable with constant Experience As the Peers of the Realm that be Tryors or Peers are not sworn so the Lord Steward being Judge c. is not sworn yet ought he according to his Letters Patents to proceed Secundum legem consuetudinem Angliae Co. 4. Inst. cap. 4. In Enditemene de Treason ou Felony verâ— un des Pieres del Realm le Tryal est per sâ—s Pieres quel maner de tryal in Appel nesâ— grauntable per que depuis que cel Trial per ses Pieres est le proper Trial que appertient al piere del Realm quant sur Enditement de Treason ou Felony il ad plead dâ—rien culpable Veions l'order proces dâ—cest Tryal Appiert An. 1. H. 4. fol. 1. An 13 H. 8. fol. 11. que quant un Seigniour del Parlement serra arraigne de Treason 〈◊〉 Felony dount il est endite Le Roy persâ—â— Letters patents ferra un graunde sagâ— Seigniour d'estre de grand Seneschaâ—â— d' Engleterre pour le jour de l'arraignment qui devant le dit jour ferra precept a son Serjaunt d'Arms qui
pray to God for him c. and this by divers Writers appears to be the practice used by the Primitive Churches And this Punishment if the Crime be not very notorious may by the Canons of the Church of England be commuted to a Pecuniary mulct to the Poor or to some other pious Use Punishments Ecclesiastical peculiar to the Clergy TO the before-mentioned Punishments both Clergy and Laity are subject but there are Punishments to which the Clergy only are liable as first Suspensio ab Officio Is when the Minister for a time is declared unfit to execute the Office of Minister Then Suspensio à Beneficio when the Minister is for a time deprived from the profits of his Benefice and these two Censures are wont to be for smaller Crimes Then Deprivatio à Beneficio is for a greater Crime wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living And Lastly Deprivatio ab Officio when a Minister is for ever deprived of his Orders and this is called Depositio or Degradatiâ—â— and is commonly for some heinous Crime deserving Death and is performed by the Bishop in a Solemn manner pulling off from the Criminal his Vestments and other Ensigns of his Order and this in the presence of the Civil Magistrate tâ— whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a shoâ—â— view of the Ecclesiastical Government The Civil Government c. A Brief Account of the Ecclesiastical Government having been given In the next place we are to Treat of the Civil Government the first great Wheel moved therein by the King and his Privy Council Being The High Court of Parliament BEfore the Conquest called the Great Council of the King consisting of the Great Men of the Kingdom It was also called Magnatum Conventus or Praelatorum Procerumque Consilium and by the Saxons Michel Gemot and Witenage Mote after the Conquest it was called Parliamentum from the French word Parler still consisting of the Great Men of the Nation as some hold until the Reign of Hen. 3. when the Commons also were called The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago so that now this High Court consists of The King who being Caput Principium Finis Parliamenti Sits there as in his Royal Politick Capacity The Lords Spiritual As the Two Archbishops and Bishops being in number about Twenty four who sit there by Succession in respect of their Baronies and to every one of these Ex Debito Justitiae a Writ of Summons is to be directed The Lords Temporal As Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities and were in the Lord Cokes time about 106 now near twice that number And every of these being of full Age Ex Debito Justitiae ought to have a Writ of Summons And The Commons of the Realm being Knights of Shires Citizens of Cities and Burgesses of Burroughs all which are respectively Elected by the Counties Cities and Burroughs and none of them ought to be omitted and these were in number in the Lord Cokes time 493 now about 513 persons Spiritual Assistants are Procuratores Cleri who are so called as by the Writ to the Bishop before mentioned appears to Consult and to Consent but never had Voices as being no Lords of Parliament And by the Treatise De modo tenendi Parliamentum they should appear cum praesentia eorum sit necessaria Temporal Assistants Are all the Judges of the Realm Barons of the Exchequer and of the Coif The King 's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the upper House of Parliament but have no Voice and their Writs differ from the Barons being Quod intersitis nobiscum cum caeteris de concilio nostro super praemissis tractaturi vestrumque Concilium impensuri Romulus Ordained 100 Senaâ—ours which were afterwards increased to 300 and of that number were our House of Commons in Fortescue's time The Person Summoning is the King or in his Absence the Custos Regni or in his Minority the Protector Regni doth Summon the Parliament which cannot be begun without the Kings Presence either in Person or Representation by Commission under the Great Seal or by a Guardian of England by Letters Patents The manner of Summoning a Parliament is in manner following About 40 days before their time of Sitting the King cum Advisamento Consilij sui Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal Commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to Appear Treat and give their Advice in certain Important Affairs concerning the Church and State c. And the Warrant is per ipsum Regem Concilium And for Summoning the Commons a Writ goeth to the Lord Warden of the Cinque Ports for Election of the Barons of the Cinque Ports who in Law are Burgesses and to every Sheriff in the 52 Counties in England and Wales for the Choice and Election of Knights Citizens and Burgesses within every of their Counties respectively Two Knights for each County Two Citizens for each City and One or Two Burgesses for each Burrough according to Statute Charter or Custom Persons Elected for each County ought to be Milites Notabiles or at leastwise Esquires or Gentlemen fit to be made Knights they ought to be Native Englishmen or at least such as have been Naturalized by Act of Parliament No Alien or Denizen none of the 12 Judges no Sheriff of a County no Ecclesiastical person having Cure of Souls may be a Parliament Man And for Legality of Sitting in Parliament he must be 21 years old All the Members of Parliament both Lords and Commons with their Menial Servants and necessary Goods are Priviledg'd during the time of Parliament Eundo Morando ad proprium redeundo But not from Arrests for Felony Treason or Breach of the Peace If the King do not think fit the Parliament shall Sit at the day of Return of the Writ he may by Writ Patent Prorogue them till another day as was done 1 Eliz. At the day of Meeting of the Parliament The King and by his Direction the Lord Chancellor The Lord Keeper of the Great Seal or some other by the Kings appointment Declares the Causes of Calling the Parliament as in Ed. 3. time Sir Henry Green Lord Chief Justice although the Lord Chancellor were present And when a Bishop is Lord Chancellor he usually takes a Text of Scripture in Latin and Discouses thereupon And when a Judge by way of Oration he Declares the Cause of Calling the Parliament The Lords in their House have power of Judicature The Commons in their House to some purposes have power of Judicature and both together have power of Judicature But this
will require a whole Treatise 4 Co. Inst 23. The Lords give their Voices from the Puisne Lord Seriatim Content or not Content The Commons give their Votes by Yeas and Noes and if it be doubtful Two are appointed one for the Yeas another for the Noes to number them the Yeas going out and the Noes sitting still as being content with their Condition but at a Committee although of the whole House the Yeas go on one side and the Noes on the other whereby the greatest number will easily appear The Royal Assent to Bills passed both Houses is given in this manner The King Sitting in his Throne of State with his Crown on his Head in his Royal Robes and the Lords in their Robes The Clerk of the Crown Reads the Title of the Bills to which the Clerk of the Parliament according to directions from the King Answers if a publick Bill Le Roy le veut if a private Bill Soit fait comme el est Desire or otherwise Le Royn s'advisera being a absolute Denial in a Civil way If it be a Bill for Money given his Majesty then the Answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut The Bill for the King 's General Pardon hath but one Reading in either House for this Reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same Reason When the Bill for the General Pardon is passed by the King the Answer is thus Les Prelates Seigneurs Communes en ce Parliament Assembles au nom de tous vos autres Sujets remercient tres humblement votre Majeste prient Dieu vous donner en sante bonne Vie longue All Acts of Parliament before the Reign of Hen. 7. were passed and enrolled in Latin or French now in English Most of our ancient Acts of Parliament run in this Stile The King at the Humble Request of the Commons with the Assent of the Prelates Dukes Earls and Barons hath Ordained or Enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth Enact Of latter times it hath been thus Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons Although the words of the Writ for Summoning the Commons is only ad Consentiendum and not ad consilium impendendum as it is in the Writ to the Lords The Adjourments are made in the Lords House by the Lord Chancellor to what other Day or Place the King thinks fit The Prorogations are made in the same manner only a Prorogation makes a Sessions and puts an end to all Bills not passed the Royal Assent At the Dissolution of the Parliament the King commonly comes in Person sending for the House of Commons After Speeches made the Lord Chancellor by the King's Command Declares the Parliament Dissolved The House of Commons is not prorogued or adjourned by the prorogation or adjournment of the Lords House but the Speaker upon signification of the King's pleasure by the assent of the House of Commons doth say This House doth Prorogue or Adjourn it self But when it is Dissolved the House of Commons are sent for up to the Higher House and there the Lord Keeper by the King's Commandment Dissolveth them And it may be observed That as the Parliament cannot begin without the King's presence either in Person or by Representation so it cannot end without Nihil enim tam conveniens est Naturali Aequitati unumquodque Dissolvi eo Ligamine quo ligatum est Coke's 4 Inst 28. The Proceedings and Transactions being referr'd to Authors who have Written thereof at large we shall only mention some remarkable things concerning the same And first Any Lord upon just cause to be absent may make his Proxy but he cannot make it but to a Lord of Parliament And a Commoner may not make a Proxy King John in the Thirteenth year of his Reign sent Embassadours to Admiralius Murmelius Great Emperour of Turkey Sir Thomas Harrington and Sir Ralph Nicholson Knights and Sir Robert of London Clerk Nuncios suos Secretissimos to offer to be of his Religion and become Tributary to him and He and his Subjects would be his Vassals and to hold his Kingdoms of him But that Infidel Great Prince as a thing unworthy of a King to Deny his Religion and betray his Kingdom utterly refused to accept King John the next year surrendred his Kingdoms of England and Ireland to Pope Innocent the Third paying 1000 Marks for them which being afterwards Demanded with Homage by the Pope Anno 40. Ed. 3. In full Parliament it was fully agreed That Answer should be Returned That niether King John nor any for him could put Himself his Realm or People in any Subjection without their Consent And that if the Pope did attempt to gain it by Force they would resist with all their power Rot. Parl. 4.2 Ed. 3. It is Declared in full Parliament That they could not assent to any thing in Parliament that tended to the Disherison of the King or his Crown whereunto they were sworn By the Law and Custom of Parliament when any New thing is Devised they may Answer That they dare not Consent to it without Conference with their Countries Co. 4 Inst 14 34. As every Court of Justice hath Laws and Customs for its directions some by the Common Law some by the Civil Law and Canon Law some by Peculiar Laws or Customs c. so the High Court of Parliament Suis propriis Legibus Consuetudinibus subsistit Informations were preferr'd by the Attorney General against 39 Members of the House of Commons for Departing without the King's License whereof six submitted to their Fines and Edmund Plowden the Learned Lawyer pleaded That he remained continually from the beginning to the end of the Parliament and took a Traverse full of Pregnancy and after his Plea was Sine die per demise le Reigne In the Kings-Bench Upon Petition of Right to the King either in English or in French and the Answer thereunto Fiat Justitia a Writ of Errour may be had directed to the Chief Justice of the Kings-Bench to remove a Record in praesens Parliamenâ—um An Act of Parliament must have thâ— Assent of King Lords and Commons but if it want this Threefold Consent it is not an Act but an Ordinance Of Acts of Parliament some be Declaratory of the ancient Law some be Introductory of a New Law and some be of both kinds by addition of greater Penalties or the like In ancient Times all Acts of Parliament were in form of Petitions and for the several Forms of Acts of Parliament see the Prince's Case 8 Co. Rep. 20. The Passing of a Bill doth not make a Sessions but the
might be here moderated and amended according to Conscience and Equity and proceeding by English Bill the Witnesses are examined in private the Decrees in English or Latin no Jury but all Sentences given by the Judge of the Court much like to the Courts of the Civil Law â—â—binds the person only and not his Lands or Goods But referring the full proceeding anâ— practise therein to those Books aâ—â— Authors who treat thereof at large We shall next give a â—rief accompt of The Officers THe Lord Chancellor or Lord Keeper of the Great Seal is created Per traditionem Magni Sigilli sibi per Dominum Regem And by taking his Oath consisting of six Articles the substance whereof is That he shall well and truly serve the King and his People in the Office of Chancellor or Lord Keeper Shall do Right to all People according to the Usages and Laws of the Realm Shall truly Counsel the King and preserve and advance the Rights of the Crown And he is sole Judge in both of the before mentioned Courts in Chancery being Summum ambientis animi quasi solstitium and is Magistratuum omnium Antistes And to the Lord Chancellor are twelve Assistants called Masters anciently Clerici Cancellariae of whom the chief is The Master of the Rolls who hath a Place of great Dignity and is in the Gift of the King either for Life or during the Kings Pleasure and hath Jure Officij the gift of those considerable Offices of the Six Clerks in Chancery hath the keeping of the Rolls and the House of the Converted Jews and in the absence of the Chancellor hears Causes makes Orders by virtue of a Commission with two Masters and that Jure Officij And the Masters of Chancery who are commonly Doctors of the Civil Law are Assistants to the Court and sit there by turns to shew what is the Equity of the Civil Law and course of the Court and what is Conscience And these Masters ought to be expert in the Common Law to see the framing of original Writs according to Law which are not of course whereupon such are called in ancient Authors Brevia Magistralia And next to these is The Clerk of the Crown who by himself or his Deputy continually attends the Lord Chancellor for special matters of State and hath a place in the higher House of Parliament he makes all Writs for Elections of Members of Parliament Sitting in Parliament upon Warrant directed to him upon the Death or removal of any Member and all Commissions of Oyer and Terminer Gaol Delivery and many other Commissions for distribution of Justice And next is The Prothonotary of the Court whose Office is chiefly by himself or Deputy to Expedite Commissions for Embassies And then The Clerk of the Hamper or Hanaper sometime stiled Warden of the Hamper whose Office is to receive all Money due to the King For the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal daily in Term time and at times of Sealing with Leather Bags now but anciently probably with Hampers wherein are put all Sealed Charters Patents c. And then delivers those Bags to the Comptroller of the Hamper The Warden of the Fleet is to take off the Prisoners sent from this Court for Contempt to the King or his Laws or that will not pay their Debts c. who commonly Executes it by a Deputy The Serjeant at Arms whose Office is to bear a great Guilt Mace before the Lord Chancellor or Keeper for the time being The Six Clerks whose Office is to Inrol Commissions Pardons Patents Warrants c. that are passed the Great Seal they were ancienly Clerici and afterwards forfeited their Places if they did Marry These are the Attorneys as well for Plaintiff as Defendant in every Suit in Court Two Examiners Their Office is to Examine Witnesses upon Oath and put their Depositions and Answers to their Interrogatories in Writing Three Clerks of the Petty Bag Their Office is to make all Patents for Customs Comptrollers Conge d'eslire First Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament The Subpoena Office executed by a Deputy is to Issue out Writs to Summon Persons to appear in Chancery The Clerk of the Patents or Letters Patents under the great Seal of England and may be executed a Deputy The Register of the Court hath under him Deputies Two Registers for the Court Two Registers for the Rolls Entring Clerks and one Clerk of the Reports or keeper of the old Book The Affidavit Office granted by Letters Patents where all Affidavits are Filed and may be executed by a Deputy The Cursitors are Twenty and four who are appointed to several Shires and are to make out original Writs that belong to this Court or Common Pleas and these are a Corporation within themselves and many of them Execute their Places by Duputies By Stat. 15 H. 6.4 none shall sue forth a Subpaena untill he find surety to satisfie the Defendant his Damages and Cost in case he do not verisie his Bill Three things are to be Judged in Conscience by the ancient Rule viz. Covin Accident and breach of Confidence This Chancery is ever open and never is or can be Adjourned Cokes 2 Inst 53. In se Defendendo lies no Appeal And when it is found so the King must pardon it of course That is in the Court of Chancery The Pleas whereof be Coram Domino Rege in Cancellaria And there the Lord Chancellor upon the Record certified to him in the Chancery by a Writ of Certiorari shall of course by force of the Statute of Gloucester cap. 9. Grant him his Pardon without speaking thereof to the King Cokes 2 Inst 316. The ordinary power of the Chancery is very ancient but no Court of Equity there until Hen. 4. time But since The Chancellors attend upon the King to decide matters in Equity as the other Judges did to decide Matters in Law The Chancellors in Edward the Thirds time would come and sit in the Common Pleas and speak there to Matters in Law Co. 2. Inst 552 553. The Office of Keeper same power with Chancellor by the Statute of 5 Eliz. cap. 13. King Alfred Anno Domini 872. gave a Pardon to Wolstan which was enrolled in the Court of Chancery which Record Wolstan Vouched Coke's 2 Inst 554. The Chancery cannot bind the Interest in Lands but the Person only 1 Co. Rep. 139. Therefore if Copyholder after Severance alien there is no Means against him but by Decree in Chancery and that cannot bind the Land 4 Co. Rep. 25. Copyhold Cases The Court of Star Chamber Coram Rege in Consilio suo HEld in a Chamber at one End of Westminster-Hall having the Sign of a Star over one Door thereof Anciently called Camera Stellata The Chamber of the Stars Star-Chamber and the Starred Chamber in respect of the Roof of the Court garnished with Golden Stars Some have imagined that it should
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
To take care of the Church and Church Assemblies The Overseers of the Poor To take care of the Poor Sick Aged Orphans and other Objects of Charity And Lastly The Clerk to wait on him at Divine Service And for The Civil Government of Villages THe Lord of the Manor or Soil who from the Crown immediately holds or mediately holds Dominium Soli Is said to have in him The Royalty as if he were a little King and hath a kind of Jurisdiction and a Court Baron incident to the Manor and sometimes a Court Leet by Grant from the King to which the Inhabitants owe Suit and Service and where smaller Matters as Escheats upon Felonies or other Accidents common Nusances c. Admitting of Tenants passing of Estates Reliefs Herriots Hunting Hawking Fishing c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts may be heard and determined And under the Lord is The Constable or Headborough Chosen yearly by the Lord or Steward in the Leet to keep the Peace in case of Quarrels to search any House for Robbers Murderers and others who have broken the Peace to raise Hue and Cry after Robbers to seize Offenders and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasions either to bring Criminals before them or to carry them by their Command to the Common Prison Thus having in a Brief and Methodical manner described the Constitution of the English Government For the Excellency thereof we may welâ— conclude with the Poet O Fortunatos nimium bona si sua Norint Angligenas THE ISLANDS Adjacent to ENGLAND CAlled by Heylin The Sporades not as he saith that they are so named in any Author but being many he thought fit to include them under that general Name The Chief of which are The Isle of Man INsula Euboniae modo Manniae hath been an ancient Kingdom as appears by Walsingham pag. 287. and Coke's Reports Lib. 7. fol. 21. Calvin's Case And yet we find it not Granted or Conveyed by the Name of a Kingdom Sed per Nomen Insulae c. cum Patronatu Episcopatus The Patronage of the Bishoprick of Sodor being a Visible Mark of a Kingdom Est nempe Jus ipsius Insulae ut quisquis illius sit Dominus Rex vocetur cui etiam fas est Corona Aurca Coronari Walsingh 17 R. 2. This Island was taken from the Britains by the Scots and from them regained by Edwin King of Northumberland Afterwards the Norwegians seised it from whom Alexander the Third wrested it and about the Year 1340. William Montacute Earl of Salisbury descended from the Norwegian Kings of Man won it from the Scots and afterwards sold it to W. Lord Scroope who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland who being 5 H. 4. Attainted of Treason In 7 H. 4. it was by Parliament Enacted the King should have the Forfeiture of all his Lands and Tenements And afterwards 7 H. 4. the King granted the Isle cum Patronatu Episcopatus unto Sir John Stanley first for Life and afterwards to him and his Heirs Sir John had Issue Sir John Stanley Knight who had Issue Sir Henry Stanly Lord Chamberlain to King Henry the Sixth who Created him Lord Stanley He had Issue Thomas whom King Henry the Seventh Created Earl of Derby to him and the Heirs Male of his Body c. Vide Co. 4 Inst cap. 69. The Laws and Jurisdiction of this Isle differs from other places For they call their Judges Deemsters which they chuse out of themselves And they determine all Controversies without Process Pleading Writing or any Expence at all If any Cases be ambiguous or of greater weight it is referred to Twelve which they call Claves Insulae They have Coroners quos Annuos vocant who supply the Office of Sheriff But altho' the King's Writ runneth not into this Island yet his Commission extendeth thither for Redress of Injustice and Wrong The Bishop was Instituted by Pope Gregory the Fourth is under the Archbishop of York being annexed to that Archbishoprick by King Henry the Eighth but hath neither Place nor Voice in the Parliament of England In hac Insula Judex Ecclesiasticus citat definit infra Octo dies parent aut carcere intruduntur The People are a Religious Industrious and True People They have peculiar Laws or Customs For if a Man steal a Horse or an Ox it is no Felony because he cannot hide them but if he steal a Capon or Pigg he shall be hanged c. In this little Kingdom are Two Castles Seventeen Farishes Four Market Towns and many Villages It is scituate against the South part of Cumberland from which it is distant 21 Miles Is in Length 30 Miles in Breadth 15 but in some part only 8 Miles The Soil is abundant in Flax Hemp Oats Barley Wheat and Bishop Merrick writing to Cambden when he was composing his Britannia saith Our Island for Cattle Fish and Corn hath not only sufficient for it self but sendeth store into other Countries The chief Towns are Balacurri and Russin or Castle-Town the Seat of the Bishop On the Hill Sceaful may be seen England Scotland and Ireland Here are also bred the Soland Geese The People speak a Mixture of the Norwegian and Irish Tongues Anglesey IS accounted a Shire of Wales bordereth on Carnarvanshire is in Length 20 in Breadth 17 Miles containing in former times 360 Towns and Villages the chief whereof are 1. Beaumaris towards Wales 2. Newburg 3. Aberfraw on the South-side This Island for its abundant Fertility is called Mam Cymri i. e. Mother of Wales It was once the Seat of the Druids first Conquered by Suet onius Paulinus and united to the English Crown by the Valour of Edward the First Jersey olim Caesarea IS in Compass 20 Miles and sufficiently strong by reason of the dangerous Seas It containeth 12 Towns or Villages the Chief being St. Hillary and St. Malo and four Castles The Ground is plentiful in Grain and Sheep most of them having four Horns of whose Wool our Jersey Stockings are made Gernsey olim Servia IS distant 20 Miles from Jersey to whom it is much Inferiour in respect of Fertility and Largness but more commodious by reason of the safe Harbours It containeth 10 Parishes the Chief being St. Peters the Port or Haven and Market Town These Islands of Jersey and Gernsey lye both nigh unto Normandy and Bretaign and did in ancient time belong to the Dutchy of Normandy But Henry the First Overthrowing his Elder Brother Robert united the Dutchy of Normandy with these Isles to the Kingdom of England And altho' King John lost Normandy and Henry the Third took Money for it yet these Isles continued Faithful to England the possession thereof being a good Seisin of the whole
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is firâ—t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes oâ—t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.
his Deed confirm his Estate in the Land then the Conusee shall retain and have the Land notwithstanding the Fine be avoided Coke's 10 Rep. 50. Lampet's Case In a Praecipe if one plead That the Manor of D. is Ancient Demesne and the Land in Demand is parcel of the Manor and so Ancient Demesne The Demandant cannot say That the Land in Demand is not Ancient Demesne for the same is the conclusion upon the precedent proposition viz. The first That the Manor is Ancient Demesne The second That the Land in Demand is parcel of the Manor for Sequitur Conclusio super Praemâ—ssis and therefore cannot be denied Coke's 11 Rep. 10. Priddle and Napper's Case The like in Case of Tithes ibid. Neither the Lord of Ancient Demesne Nor of a Court Baron Nor the Sheriff in the County Court when the Plea is holden by Writ of Right Justicies Admeasurement c. are Judges but the Suitors who by the Common Law are the Judges of the Court Coke's 6 Rep. 12. Jentleman's Case The Writ of Droit Close is directed unto the Lord of Ancient Demesne and lieth for these Tenants who hold their Lands by Charter in Fee-simple Fee-Tail for Life or in Dower if any of them be Ousted or Disseized he or his Heir may Sue this Writ F.N.B. 23 c. If any Land in Ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ of Right Close after the Custom of the Manor and that shall be always brought in the Lords Court and thereupon he shall Declare in the Nature of what Writ he will and this Writ shall not be removed but for a great Cause or Non power of the Court Terms del Ley. If the Lord in Ancient Demesne confirm the Estate of the Tenant to hold by certain Service at the Common Law altho' the Estate of the Tenant be not changed nor any Transmutation of the Possession yet the quality of his Estate is changed for the Tenant shall not be afterwards Impleaded by Petit Writ of Droit And the Land by the Confirmation is discharged from the Customs of the Manor Coke's 9 Rep. 140. Beaumont's Case Monstraverunt is a Writ that lieth for Tenants in Ancient Demesne who hold by Free Charter but not those Tenants who hold by Copy of Court Roll Or by the Rod according to the Custom of the Manor at the Will of the Lord. And it is directed to the Lord commanding him not to Distrein his Tenant to do other Service And if the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Justices and all the names of the Tenants shall be put in the Writ although but one of them be grieved F.N.B. 31 32 33 c. The Lord shall not be put to Answer to the Writ of Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlains of the Exchequer whether the Manor be Ancient Demesne And it therefore behoveth the Plaintiff to Sue forth a Writ directed to the Treasurer and Chamberlain for that purpose Fitz. Herb. N. B. fo 31. to 35. If a Lord in another place out of Ancient Demesne Distrein his Tenant to do other Service than he ought He shall have a Writ of Right called Ne injuste Vexes and it is a Writ of Right Patent which shall be Tryed by Battail or Grand Assize Terms del Ley. See before in Court of Ancient Demesne Page 196. To the Court of Commissioners of Sewers SEwers seems to be a Word compounded of two French Words Seoir to Sit and Eau Water for that the Sewers are Commissioners that Sit by Virtue of their Commission and Authority Grounded upon divers Statutes to Enquire of all Nusances and Offences committed by the Stopping of Rivers Erecting of Mills not Repairing of Banks and Bridges c. and to Tax and Rate all whom it may concern for the amending of all defaults which tend to the hindrance of the free passage of the Water through the old and ancient Courses See the Statute of 6 H. 6. cap. 5. and 23 H. 8. cap. 5. for the form of their Commission Commission is as much in the Common Law as Delegate in the Civil and is taken for the Warrant or Letters Patent which all Men using Jurisdiction either Ordinary or Extraordinary have for their Power to hear and determin any Matter or Action Yet this word sometimes extends more largely than to matters of Judgment as the Commission of Purveyors c. And all Commissions are grounded upon the Words in Magna Charta Terrae Legem And have this Clause Facturi quod ad Justitiam pertinet secundum Legem Consuetudinem Angliae And no new Commission can be raised but by Statute Coke's 2 Inst 51 54 57. The King may send his Commission to Repair a Bridge F. N B. 281. Legal Commissions have their due Forms as well as Original Writs and therefore cannot be newr famed without Act of Parliament The like of Oaths Coke's 2 Inst. 478 479. Rumney Marsh in Com. Kanc. containing 24000 Acres Is at this day and long time hath been governed by certain Ancient and equal Laws of Sewers made by a Venerable Justice Henry de Bathe in the Reign of Hen. the 3d from which Laws not only other parts in Kent but all England receive Light and Direction For Example The General Act of 23 Hen. 8. cap. 5. in the Clause which giveth power to the Commissioners to make Statutes Ordinances and Provisions c. necessary and behoveful after the Laws and Customs of Rumney Marsh in the County of Kent or otherwise by any means or ways c. Both the Town and Marsh of Rumney took their name of one Robert Rumney which Robert as it appeareth by the Book of Doomes-day held this Town of Odo Bishop of Baieux wherein he had 13 Burgesses who for their Service at Sea were discharged of all Actions and Customs of Charge except Felony Breach of the Peace and Forestalling The Lord Mayor hath Jurisdiction for the time being for the Conservation and Rule of the Water and River of Thames and the Issues Breaches and Lands over-flowed c. from the Bridge of Stanes unto the Water of Yendal and Medway And in all Commissions touching the Water of Ley The Mayor of London shall be one By Stat. 3 Jac. cap. 14. Sewers that fall into the Thames shall be Subject to the Commission of Sewers Coke's 4 Inst. cap. 62. The Commissioners ought to Tax all who are in danger to be endamaged for the not repairing equally and not he who hath the Land next adjoyning to the River only And Walmesley Justice held and it was not denied by any That if the Owner of the Land were bound by Prescription to Repair the River Bank that yet upon such Commission Awarded the Commissioners ought not to charge him only but ought to Tax all who had Land in danger And to this
of the King 's Writ it doth not change the Nature and Jurisdiction of the Court. For as these without Writs are not Courts of Record so when the Plea is holden by Writ the Courts are of the same Nature For upon a Judgment given in both Cases a VVrit of false Judgment lieth and not a Writ of Error But it is true the King may create a new Court and appoint new Judges in it but after the Court is established and created the Judges of the Court ought to determine Matters in the Court. And therefore neither the Lords of Ancient Demesne nor the Court Baron nor the Sheriff in the County Court when the Plea is holden by Writ of Right Justicies Admeasurement c. are Judges but the Suitors who by the Common Law are the Judges of the Court But in some Cases the Sheriff is made Judge by Parliament as in the Redisseisin by the Stat. of Merton cap. 3. And all his proceeding by force of that Act is of Record and a Writ of Error doth lie of a Judgment given against him Coke's 6 Rep. 11 12. Jentleman's Case In some Actions the Defendant shall be fined in one Court and but amerced in another and yet the Offence shall be all one as in a Writ of Recaption if it be brought in the Common Pleas and Judgment be there given the Defendant shall be fined and imprisoned But if the Writ be brought in the County Court and the Defendant be convict before the Sheriff in the County the Judgment shall not be Quod capiatur quia nulla Curia quae Recordum non habet potest imponere finem neque aliquem mandare carceri quia ista spectant tantummodo ad Curias de Recordo and therefore in such cases he shall be only amerced Coke's 8 Rep. 60. Beecher's Case By Stat. W. 1.33 3 E. 1. No Sheriff shall suffer Barretors or Maintainers of Quarrels or Stewards of great Lords or other unless Attorney for his Lord to make Suit or to give Judgment in the Counties or to pronounce them if he be not required so to do by all the Suitors and Attorneys of the Suitors there present in Pain that both the Sheriff and they shall be grievously punished by the King By Stat. 19 H. 7.24 the Shire Court for Sussex shall be holden one time at Chichester and the next at Lewis alternis vicibus in pain that the Court otherwise kept and the things therein transacted shall be void By Stat. 2 3 E. 6.25 County Courts shall be adjourned from Month to Month and no longer The Sheriff of Northumberland shall keep his County Court at Alnwicke and not elsewhere Stat. 2 3 E. 6.25 This Court is incident to the Office of Sheriff and cannot be divided from it by Letters Patent or otherwise but by Act of Parliament Coke's 4 Rep. 33. Mitton's Case See the Court of the Tourn and the Court Leet and after in the Court of the Hundred and Court Baron See before in The County Court Page 228. To the Court of the Hundred AFter King Alfred had divided the Realm into Shires called so from the Saxon Scyran signifying to cut he divided the Shires into smaller Parts called Lathes of the Word Gelathian which is to Assemble together Others Tythings because there were in each of them Ten Persons whereof each one was Surety or Pledge for the others good a bearing Others Hundreds because they contained Jurisdiction over one Hundred Men or Pledges dwelling in Two Three or more Parishes Boroughs or Towns in which he appointed Administration of Justice severally among them of the same Hundred In Stat. of Marlebridge cap. 11. hundredum is taken pro Visu Franci Plegii so as the Sense is That he who hath Tenements in the Town and in some other View of Frankpledge of some other Lord or in divers Views of Frankpledge he shall not need to come to any other but where he is conversant and Hundreds there are named because Sheriffs keep their Tourns in every Hundred If a Man hath a House and Family in two Leets he shall be taken to be conversant where his Bed is If a man hath a House and Family in Two Hundreds yet he shall do his Suit to the Tourn or Leet where his Person is commorant Coke's 2. Inst. 122. A Man may have a Writ to the Sheriff for discharging him from coming to the Sheriff's Tourn or Hundred or Leet or other Place than in the Leet or Precinct of the Hundred where he dwelleth and if the Sheriff distrain him to come contrary to the Statute of Marlebridge cap. 10. and a Writ be delivered to him he shall have an Attachment against the Sheriff All the Tenants in Ancient Demesne may have this Writ And if a Man be distrained to do Suit twice in the Year appertaining to the Leet he shall have a Writ upon Magna Charta but it is otherwise of the Hundred because Suit is there from There Weeks to Three Weeks Vide F. N. B. 356 to 360. Articuli super Chartas 28 E. 1. Bailywicks and Hundreds shall not be let to Farm at over-great Sums whereby the People may be over-charged to make Contributions to such Farms See the Statute and in Court of the Leet and County Court See before in The Court of the Hundred Pag. 233. To Court Baron THE Court Baron is so called because amongst the Laws of King Edward the Confessor it is said Barones vero qui suam habent Curiam de suis hominibus c. taking his Name of the baron who was Lord of the Manor or for that properly in the Eye of the Law it hath relation to the Freeholders who are Judges of the Court. And in Ancient Charters and Records the Barons of London and the Barons of the Cinque-Ports signifie the Freemen of London and of the Cinque-Ports Coke's 1 Inst 58. a. The Lord of a Manor that hath a Court Baron of common Right and by Course of Law all Pleas therein are determinable by Wager of Law and yet by Prescription the Lord may prescribe to determine them by Jury In a Writ of Right Patent directed to the Lord of the Manor Plea shall be holden of Freehold and the Court in that Case may give an Oath for there is the King 's Writ of Praecipe quod reddat Coke's 2 Inst. 143. Before the Statute of Marlebridge cap. 22. Lords would distrain their Free Tenants to come and shew their Deeds especially the Original Deed whereby they might know by what Rent and Services the Tenancy was held of them and obliquely many times perusing the Deeds which are the Secrets and Sinews of a Man's Land brought in question the Title of the Freehold it self Another Mischief was That the Lords of Court Barons Hundreds c. where the Suitors were Judges would constrain them to swear between Party and Party both which Mischiefs are taken away by the said Statute Coke's 2 Inst 142. Fines for Beaupleader are yet paid in some