vel Contâ—nuum Regis Concilium This is the Higâ— Watch-Tower wherein the King anâ— his Nobles Counsellors survey all hâ—â— Dominions and sometimes all the Dâ—minions of the World Consulting thâ— Honour Defence Profit and Peace 〈◊〉 his People and their Protection froâ— Violence or Injuries either at home 〈◊〉 from abroad And these Privy Counsellors by the Custom of the Kingdom being part of the Fundamental Laws of England as before is mentioned are such as the King pleaseth to choose and are made without Patent or Grant being only Sworn that according to their Power and Direction they shall truly justly and evenly Counsel and Advise the King in all Matters to be treated in His Majesties Council and shall keep Secret the Kings Council c. And they are so to continue during the Life of the King or during the Kings Pleasure And these Lords of the Privy Council are as it were incorporate with the King in bearing the burthen of his Cares wherefore the Striking in the House or Presence of a Privy Counsellor shall be grievously Fined Conspiring his Death by any within the Cheque-Roll is Felony and Killing any one of them is High Treason And although before the latter end of Henry the Third Quod provisum fuit per Regem Consilium suum Privatum Sigilloque Regis Confirmatum proculdubio Legis habuit vigorem saith Spelman yet at present they take Cognizance of few Matters that may well be determined by the known Laws and Ordinary Court of Justice The President of this Council was sometime called Principalis Conciliarius and sometimes Capitalis Conciliarius and this Office was never granted but by Letters Patent of the Great Seal durante bene placito and is very ancient for John Bishop of Norwich was President of the Council Anno 17 Regiâ— Johannis Dormivit tamen hoc Officium regnante magna Elizabetha The Lord President is said in the Statute of 21 H. 8. cap. 20. to be attending upon the King most Royal Person and the reason oâ— his attendance is for that of latter times he hath used to report to the King the Passages and the State of the Business at the Council Table Next to the President sitteth in Council c. The Lord Privy Seal who besides his Oath of a Privy Counsellor taketh a particular Oath of the Privy Seal which consisteth of four parts First That he justly exercise the Office of Keeper of the King 's Privy Seal to him committed Secondly Not leaving so to do for Affection Love Doubt or Dread of any Person Thirdly That he shall take special regard that the said Privy Seal in all places where he shall go to may be in such substantial wise used and safe kept That no Person without the Kings Special Command or Assent shall Move Seal or Imprint any thing with the same Fourthly Generally he shall observe fulfil and do all and every thing which to the Office of the Keeper of the Kings Privy Seal duly belongeth and appertaineth This is an Office of great Trust and Skill That he put his Seal to no Grant without Warrant nor with Warrant if it be against Law undue or inconvenient but that first he acquaint the King therewith Upon the Lord Privy Seal are attendant four Clerks of the Privy Seal How the Kings Grants Writings and Leases pass the three Seals viz. The Privy Signet the Privy Seal and the Great Seal and the Duties of the Clerk of the Privy Signet and Privy Seal and what Fees shall be paid and where none at all c. and many Articles concerning the passing of the Kings Grant c. you may Read in the Stat. of 27 Hen. 8. This Officer is named in some Statutes Clerk of the Privy Seal in others Garden del Privy Seal and in the Stat. 34 Hen. 8. Lord Privy Seal By Stat. 11. R. 2. cap. 10. It is provided That Letters of the Signet nor of the Kings secret Seal shall be from henceforth sent in Damage or Prejudice of the Realm nor in Disturbance of the Law It appeareth by Writs and Records of Parliament that the High Court of Parliament is resolved to be holden by the King Per advisamentum Consilij sui viz. by advice of his Privy Council Acts and Orders of Parliament for the Privy Council and other things concerning them in the Rolls of Parliament you may Read in the Statutes and Originals at Large mentioned in Cokes 4. Inst. cap. 2. No Loâ—d of Parliament takes any place of Precedency in respect he is a Privy Councellor but under that Degree such place a Privy Councellor shall take as is set down in Serie ordinum tempore Hen. 7. The King by advice of his Privy Council doth publish Proclamations binding to the Subject provided they be not against Statute or Common Law The Privy Councellors sit in order Bareheaded when the King Presides and the lowest declares his Opinion first and the King last declares his Judgment and thereby determins the matter For their Precedency and Place see the Statute of 31 H. 8. directing the same The time and place of holding the Council is wholly at the Kings pleasure which is seldom or never held without the presence of One of The Secretaries of State of which since the latter end of the Reign of H. 8. there have been Two both of equal Authority and both styled Principal Secretaries of State these every day attend upon the King and receive and make dispatch of the Petitions and Desires of the Subjects at home and for Foreign matters The Sectetaries have the Custody of the Kings Seal called the Signet which gives denomination to an Office constantly attending the Court called The Signet Office wherein Four Clerks prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The Four Clerks in Ordinary of the Privy Council are to Read what is brought before the Council and draw up such Orders as the King and Lords shall direct and cause them to be Registred And belonging to the Secretaries is The Paper-Office where all Paper-Writings and publick Matters of State and Transactions of Ministers abroad and what passes the Secretaries is transmitted and kept And now we proceed to The Ecclesiastical Government THe King being Chief Person as being Persona Sacra Mixta cum Sacerdote is the Supream Bishop of England For at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical having both Corona Regni Stola Sacerdotis put upon him He is Patron Paramount of all Ecclesiastical Benefices to whom the last Appeal in Ecclesiastical Affairs is made and who alone hath the Nomination of all Persons for Bishopricks and Chief Dignities and Deaneries and some Prebends in the Church c. And next to the King are the Primates Metropolitans or Archbishops one of Canterbury the other of York each of which have their peculiar Diocess besides a Province of several Diocesses and
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
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—
Manuscripts There have been in that time and since the Conquest till the Lord Cokeâ— time 280 Sessions of Parliament and at every Sessions divers Acts made nâ—â— small number whereof are not in Print Cokes 1 Inst 110. a. The Jurisdiction of this Court is sâ— Transcendent That it Maketh Inâ—largeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning Matters Ecclesiastical Capital Criminal Common Civil Marshal Maritime c. And none can begin continue or dissolve the Parliament but by the King's Authority Cokes 1 Inst 110. None can be sent out of the Realm no not into Ireland against his will albeit by Order of Parliament Cokes 2 Inst. 47 48. Trial by Peers of Peers of Parliament was very ancient and in the time of the Conqueror both for Men and Women and anciently those that were not Lords of Parliament were Judged in case of Treason or Felony by the Peers of the Realm By Authority of Parliament it was declared That Urban the 12th was duly elected Pope Cokes 2 Inst 274. Few or none of the Acts made in Ed. 1. time have been Repealed Cokes 2 Inst 280. Where Communitatem Angliae and many such Words are taken for the Parliament and as there was a legal word Guidagium being an Office for guiding Travellers through dangerous passages so the Laws of the Realm are â—o guide the Judges in all Causes Cokes 2 Inst. 526. Cardinal Woolsey endeavouring to bring in the Civil Law was the occasion that but one Parliament was held from the 7th to 21th year of Hen. 8. Cokes 2 Inst. 626. George Nobles a Priest Attainted by Verdict for Clipping the Kings Coiâ— was Adjudged and Executed at Tyburâ— as a common person and Merx 〈◊〉 shop of Carlisle for Treason againâ—â— Hen. 4. had Judgment as in case 〈◊〉 High Treason But Cor Regis in manu Dâ—mini he was pardoned Cokes 2 Inst 63â— The Parliament at Oxford 42 Hen. 〈◊〉 was called Insanum Parliamentum 12 Ed. 2. The Parliament of Whiteband 5 Ed. 3. Parliamentum bonum 10 R. 〈◊〉 Parliamentum quod fecit Mirabilia 21 R. 〈◊〉 Magnum Parlimentum 6 H. 4. Parlâ—â—mentum indoctum 4 Hen. 6. Parliamâ—â—tum Fustium 14 H. 8. The Black Parlâ—â—ment 1 E. 6. Parliament ' pium 1 Maâ—â— Parliament ' propitium Parliaments of Q. Pia Justa Provida 21 Jac. 1. Foelix Paâ—â—â—amentum And the Parliament in the 〈◊〉 year of King Ch. 1. Benedictum Parlâ—â—mentum The Reasons of most of the Appellations appear upon Record Câ—â— 3 Inst 2. It is Lex Consuetudo Parliamenâ—â— That wheresoever the Parliament Sâ—â— Proclamation should be made forbâ—ing wearing of Armour and all Plays and Games of Men Women or Children Cokes 3 Inst 160. The Britons loved the Laws of England and petitioned to have the Laws of England in all cases of the Crown used in Wales And now seeing there are Sheriffs in Wales the Writs for Election of Knights Citizens and Burgesses are directed to them returnable in Chancery Cokes 4 Inst. 241. Every Lord of Parliament ought to have a Writ of Summons sent to him out of the Chancery at least 40 Days before the Parliament begin and the Writ of Summons to the Barons is Quod intersitis cum Praelatis Magnatibus Proceribus super dictis Negotijs tractaturi vestrumque Consilium Impensuri but the Writ to the Assistants as all the Judges Barons of the Exchequer of the Coif the Kings Learned Councel and the Civilians Masters of the Chancery are different from the other as thus Quod intersitis Nobiscum cum caeteris de Concilio nostro and sometimes Nobiscum only super Praemissis tractaturi vestrumque Consilium Impensuri and the Writs of Summons to the Bishops c. you may see in Cokes 4 Inst 4 5 6 9 10 14 47 48 50. And at the Return of these Writs the Parliament cannot begin but by the Royal Presence of the King either in Person or by Representation Cokes 4. Inst. 6. The Writs of Summons are to be found in the Close Rolls and the Forms of them you may see in Cokes 4 Inst 9 10. Which Forms as also the Forms of all other original Writs are not to be altered but by Act of Parliament and where they Issued out of the Chancery and were Returnable in the Court of Parliament the Return thereof could not be altered and Returnable into the Chancery But by Act of Parliament 7 H. 4. cap. 15. They be now returned into the Chancery and kept in the Office of the Clerk of the Crown there see the Statute of 4 H. 7. cap. 15. and Cokes 4 Inst. 9 10. Who shall be Electors and the Sheriffs duty in Electing you may see in the several Statutes whereof some are mentioned in Cokes 4 Inst. 48. If Erroneous Judgment be given in the Kings-Bench it shall upon petition of Right be brought into Parliament to be reversed or affirmed and the proceedings thereupon you may read in Cokes 4 Inst 21. None of the Judges of Kings-Bench Common-Pleas or Exchequer are Eligible because Assistants in the House of Lords nor any of the Clergy because of the Convocation but those who have Judicial places in other Courts are Eligible Cokes 4 Inst 47. Thorpe could not be Speaker unless he were Knight of the Shire Cokes 4. Inst 47. in the margent Tenants in ancient Demesne not contributary to the expences of Members in Parliament nor Chaplains who are Masters in Chancery to Proctors in Parliament F. N. B. 507. Cokes 1 Rep. 25 160. A saving in an Act of Parliament Repugnant to the Body of the Act is void Cokes 1 Rep. 47. Alton Woods's Case He who taketh a Gift by Act of Parliament shall not have other Estate than is given by the Act Cokes 1 Rep. 47 48. Alton Woods Case An Act of Parliament or the Common Law may make an Estate void as to one and good as to another which a Man by his breath or words cannot do Cokes 1 Rep. 87. Corbet's Case The Statute of 27 Hen. 8. Extirpating and Extinguishing all the Estate of the Feoffees Non possunt agere seu permittere aliquid in prejudice of Cestuy que use Cokes 1 Rep. 132. Chudley's Case An Act of Parliament may make Division of Estates and therefore not like to Cases at Common Law Cokes 1 Rep. 137. Chudleigh's Case An Act of Parliament is the Highest Conveyance and a latter doth take away a former Act Cokes 2 Rep. 46. Parliamentum Testamentum Arbitramentum to be construed according to the intent of the makers Cokes 3 Rep. 27. Butler and Baker's Case Of Statutes which concern the King the Judges ought to take notice Cokes 4 Rep. 13. Lord Cromwell's Case The like of general Acts Cokes 4 Rep. 76. Holland's Case The of Stat 13 18 Eliz. concerning Leases by Deans and Chapters are general Statutes whereof the Court ought to take notice although they be not found by the Jurors Cokes 4 Rep. 120. Davenport's Case Mistaking the
word Districtionem for Destructionem altering the sense of the Statute of Gloucester although but by one letter adjudged it was matter of substance and the Writ could not be amended Cokes 5 Rep. 45. Freeman's Case The Acts of 7 Hen. 7. and 3 Hen. 8. are perpetual Acts for the word King doth include all his Successors Cokes 6 Rep. 27. Case of Soldiers Althô the Statutes speak only of the Party yet Executors and Administrators shall take advantage of it Cokes 6 Rep. 80. Sir Edw. Phitton's Case Resolved in Englefield's Case That by tender of the Ring according to the Condition the Uses were void and the Estate vested in the Queen by force of the Attainder and of the Act 33 H. 8. Cokes 7 Rep. 15. In the case of the Prince the King's Charter having the Force of Parliament is sufficient in it self without any other Act for it is affirmed by Parliament by Stat. 9 H. 5. That it was agreed at the Parliament 11 Ed. 3. That the eldest Sons of the Kings of England were Dukes of Cornwal and that Dutchy should remain to them without being given else where Cokes 8 Rep. Case of the Prince from 25 to 29. In many cases the Common Law doth comptrol Acts of Parliament and sometimes shall adjudge them void For when an Act of Parliament is against common Right and Reason or repugnant and impossible to be performed the Common Law shall adjudge it void Cokes 8 Rep. 118. Dr. Bonham's Case and 128 129 Case of the City of London When an Act of Parliament maketh any Coveyance good against the King or other Person certain it shall not take away the Right of any other althô there be not any saving in the Act Cokes 8 Rep. Sir Francis Barington's Case 138. In case of Sentence of Deprivation of one and Presentment Institution and Induction of another after by relation of a General Pardon all are restored without Appeal or new Presentation Admission or Institution Cokes 9 Rep. Lord Sanchar's Case In an Act of Parliament misnaming of a Corporation when the express meaning appeareth shall not avoid the Act no more than in a Will Cokes 10 Rep 54 to 57. Case of the Chancellor of Oxford If an Act of Parliament were intended to Repeal a former Act it could not be by general and doubtful words Cokes 10 Rep 138. the Case of Chester Mills It cannot be intended that a Statute made by Authority of the whole Realm should do any thing against Truth Cokes 11 Rep. 14. Priddle and Napper's Case The Title of the Act is no part of the Act as the preamble is and Penal Statutes shall be taken by intendment to remedy mischiefs and suppress Crimes Cokes 11 Rep. 34. Powlter's Case Penal Statutes are to be followed chiefly in Informations strictly and in terminis according to the purview of the Act Cokes 11 Rep. 56. Dr. Forster's Case Where the Rule is Leges Posteriores priores contrarias abrogant countrarium est duplex Vide Cokes 11 Rep. 63. Dr. Foster's Case Statut ' Praerogativa Regis saith The King shall have Annum Diem Vastum which is as much as to say he shall have the Trees c. to his own disposition Cokes 11 Rep. 83. Levis Bowles's Case By Stat. 4. Ed. 3.14 A Parliament shall be holden once a year and oftner if need be By Stat. 36 Ed. 3.10 A Parliament shall be holden every year By Stat. 5 R. 2. Stat. 2.4 Every Person and Comminalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished and if the Sheriff doth not Summon them he shall be likewise amerced or otherwise punished as hath been used in times past What persons are to be Elected Knights Citizens and Burgesses to serve in Parliament the manner of their Election and Levying of their Expences and the divers Acts of Parliament for regulating their Elections you may see in the Statutes at large By Stat. 6 Hen. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-Ports shall depart from the Parliament without License of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book on pain to lose their Wages By Stat. 33. H. 8.21 The Kings Royal Assent by his Letters Patents under the Great Seal and Signed by his Hand and notified in his absence to the Lords and Commons assembled in the upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto By Stat. 12 Car. 2. cap. 1. It 's declared That the Parliament begun the 3d of November 16. Car. 1. is dissolved and that the Lords and Commons now sitting are the two Houses of Parliament notwithstanding any want of the Kings Writs of Summons or any other defect Stat. 16 Car. 2 cap. 1. The sitting and holding of Parliament shall not be intermitted above three years and now a new Parliament is to be called every Three years Stat. 6 W. M. Stat. 30 Car. 2. cap. 1. No Peer shall Vote make Proxy or Sit during any Debate in the House of Peers nor any Member of the House of Commons Vote or Sit there after their Speaker Chosen till they first take the Oaths of Allegiance and Supremacy and Subscribe and Repeat the Declaration in the Act mentioned between the hours of nine in the Morning and four in the afternoon at the Tables in the middle of the said Houses in a full House in such order as each House is called over for which Declaration and other Matters see the Statute at large But now those Oaths by late Acts are altered and others appointed in their stead Tbe Executive Power in Temporal Affairs A Brief account having been given of the Parliament in which is comprehended the Legislative power in Temporal Affairs We are next to consider the Executive power in the same and that is generally in the King he being the Fountain of Justice and Lord Chief Justice of Englaâ—d and because he is Caput Principium Finis Parliamenti by which the Laws are made and nothing can have the force of Law without his consent given in Parliament by Le Roy le veut therefore All the Laws of England are called the Kings Laws All the Courts of Judicature are called the Kings Courts And all the Judges of these Courts are called the Kings Judges And the High Court of Parliament being the Highest Court of Judicature all other Courts and Person in England are subject to it The Court of the High Steward of England HIs Stile is Seneschallus Angliae which word Seneschallus hath several Derivations yet as being applied to England it is properly derived from Sen that is Justice and Schale that is Governour or Officer that is Praefectus seu Officiarius Justitiae And this agreeth well with his Authority and Duty to proceed Secundum Leges Consuetudines Angliae This Office is very ancient and
Honoured his Son J. Duke of Lancaster therewith for Term of his Life It is called Comitatus Palatinus a County Palatine à Comitatu Palatio Regis because the Owner be he Duke or Earl c. Hath in that County Jura Regalia as fully as the King had in his Palace And he may have his Chancery and Writs under his Seal for the Office of the Chancellor to Depute Justices as well touching Pleas of the Crown as all other Pleas and Execution of Writs and making Officers and Servants and all other as by the Letters Patents above mentioned granted in Parliament appears And the King may Erect a County Palatine without Parliament by his Letters Patents But now by the Statute of 27 H. 8. cap. 24. several of those Jura Regalia are taken from them and recontinued and annexed to the Crown And all Writs are now to be made in the King's Name but the Teste in Name of him who hath the County Palatine And they shall have Forfeiture of Lands and Goods for High-Treason which Forfeiture accreweth by the Common Law But Forfeitures given after the Erection of the County Palatine by an Act of Parliament they shall not have Justices of Assize of Gaol-Delivery and of the Peace are and ever since the Erection have been Assigned by Commission under the Seal of the County Palatine of Lancaster Fines were levied with 3 Proclamations c. before the Justices of Assize there or one of them and all Recoveries to be had of Lands there are to be had in the Court of the County Palatine at Lancaster and not at Westminster All Lands c. Parcel of this Dutchy given to the King by the Statute of Monasteries Chantries c. are still within the Survey of the Dutchy Lands within the County Palatine should pass by the Dukes Charter without Livery of Seisin or Attornment But of Lands parcel of a Manor annexed to the Dutchy without the County Palatine there ought to be Livery of Seisin and Attornment of Tenants and in the same Degree is it in the King's Case The Proceedings in this Court of the Dutchy Chamber at Westminster is as in a Court of Chancery for Lands and other Matters within the Jurisdiction of the Court by English Bill c. and Decree But this Chancery is not a mixt Court as the Chancery of England is partly of the Common Law and partly of Equity but admitting only some small mixture of the Common Law in some Cases And in some Cases they are led by their proper Customs and Prescriptions respectively The Process of this Court is by Privy Seal Attachment and Commission of Rebellion as in the Chancery The Officers of this Court be the Chancellor The Attorney The Receiver General Clerk of the Court The Auditors Surveyors The Messenger There is an Attorney of the Dutchy in Chancery and another in the Exchequer And there are Four Learned in the Law Assistants and of Councel with the Court. The Seal of the Dutchy of Lancaster remains with the Chancellor at Westminster And the Seal of the County Palatine remains in a Chest in the County Palatine under the safe Custody of the Keeper thereof All Grants and Leases of Lands Offices c. in the County Palatine of Lancaster shall pass under that Seal and no other And all those out of the County Palatine and within the Survey of the Dutchy under the Seal of the Dutchy See the Statute of 27 Hen. 8. cap. 24. For the great Royalties Priviledges c. the Duke of Lancaster had for him his Men and Tenants which are necessary to be known by all concerned in those Possessions and other matters concerning the same See Coke's 4 Institutes 36. and Books and Records their recited And the Statute of 16 and 17 Car. 1. c. 10. For dissolving the Court of Star-Chamber and annulling and making void the like Jurisdiction excercised in the Court called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court c. The Courts of the County Palatine of Chester THis is the most Ancicent and most Honourable County Palatine remaining at this Day with which Dignity the King 's Eldest Son hath been of long time honoured And this is a County Palatine by Prescription Within this County Palatine and the County of the City of Chester there is and aciently hath been a principal Officer called the Chamberlain of Chester who time out of mind hath had the Jurisdiction of a Chancellor and the Court of Exchequer at Chester is and hath time out of mind been the Chancery Court for the said County Palatine whereof the Chamberlain of Chester is Judge in Equity He is also Judge of Matters at the Common Law within the said County as in the Court of Chancery at Westminster for the Court of Chancery is a mixt Court There is also a Vice-Chamberlain which is the Deputy of the Chamberlain And also the Justice called the Justice of Chester who hath Jurisdiction to hear and determine Matters of the Crown and of Common-Pleas Of Fines and Recoveries levied and suffered as well within the County Palatine as of the City of Chester For which and much more concerning the same See Coke's 4 Institutes cap. 37. and the Statute of 16 17 Car. 1. c. 10. For disabling the Court of Star Chamber and Annulling and making void the like Jurisdiction exercised in the Court of Exchequer in the County Palatine of Chester held before the Chamberlain and Council of that Court. The Courts of the County Palatine of Durham THis is also a County Palatine by Prescription parcel of the Bishoprick of Durham and raised soon after the time of the Conqueror Here is a Court of Chancery which is a mixt Court both of Law and Equity as in the Chancery at Westminster But herein it differeth from the rest that if any Erroneous Judgment be given either in the Chancery upon a Judgment there according to the Common Law or before the Justices of the Bishop a Writ of Error shall be brought before the Bishop himself and if he give Erroneous Judgment thereupon a Writ of Error shall be sued Returnable in the King 's Bench. If the Bishop do wrong within his County Palatine for that he cannot be Judge in his own Cause Justices shall be Assigned to hear and determine the Cause as was done in the case when Richardus de Hoton Prior Dunelm ' queritur de Anthonio Episcopo Dunelm ' alledging several Plaints against the Bishop whereupon Issue was Joyned and Verdict given against the Bishop And by that Record which was Termino Paschae 30 E. 1. it appears the Bishop had within the County of Duresme Regalitatem suam And more concerning the same you may Read in Coke's 4 Institutes cap. 38. The Royal Franchise of Ely KIng Henry the first of the Rich Monastery of Ely made a Cathedral Church and of the Abbey made a Bishoprick and for his Diocess Assigned him the
of England by Letters Patent under the Great Seal Or in respect of some Infirmity or other urgent Occasions hath sometimes by Commission under the Great Seal of England appointed certain Lords of Parliament to represent his Person he being within the Realm The Patent of the Office of a Guardian of England reciteth his speedy going beyond Sea or in remotis or urgent Occasions and the Causes thereof Nos quod pax nostra tam in nostra absentia quam praesentia inviolabiliter observetur quod fiat communis Justitia singulis conquerentibus in suis actionibus querelis de fidelitate dilecti fidelis nostri Edwardi Ducis Cornub. Comitis Cestriae filii nostri primogeniti plenarie confidentes constituimus ipsum Custodem dicti Regni nostri ac locum nost um tenent ' in eodem Regno quamdiu in dictis transmarinis partibus moram fecerimus vel donec inde aliud duxerimus And this is that Capitalis Justiciarius mentioned in Magna Charta Cap. 1. when the King is extra Regnum with a Clause of Assistance But yet if any Parliament is to be holden there must be a Special Commission to the Guardian to begin the Parliament and to proceed therein But the Teste of the Writ of Summons shall be in the Guardian 's Name A Parliament was holden Anno 5 H. 5. before John Duke of Bedford Brother and Lieutenant to the King and Guardian of England and was summoned under the Teste of the Guardian or Lieutenant By Stat. 8 H. 5. Cap. 1. It was Enacted That if the King being beyond the Seas cause to summon a Parliament in this Realm by his Writ under the Teste of his Lieutenant and after such Summons of Parliament gone out of the Chancery the King arriveth in this Realm That for such Arrival of the same King such Parliament shall not be dissolved but the Parliament shall proceed without new Summons In 3 E. 4. a Parliament was begun in the presence of the King and prorogued until a further day and then William Archbishop of York the King's Commissary by Letters Patent held the same Parliament and Adjourned the same c. The Cause of the said prorogation was for that the King was enforced to go in person to Gloucestershire to Repress a Rebellion there The King's Person may be represented by Commission under the Great Seal c. as before is said to certain Lords of Parliament authorizing them to begin the Parliament Both the Guardian and such Commissioners do sit on a Form placed near the Degrees that go up to the Cloth of Estate Coke's 4th Inst Cap. 1. fo 6 7. To the Court of Equity in the Exchequer-Chamber BY the Statute of 33 Hen. 8. Cap. 39 the Judges of this Court have full Power and Authority to discharge cancel and make void all and singular Recognizances and Bonds made to the King for Payment of any Debt or Sum of Money or for performance of Conditions c. upon shewing the Acquittance c. or any Proof made of Payment and performance also to cancel and make void by their Discretion all Recognizances made for any Appearance or other Contempt And that if any Person of whom any such Debt or Duty is demanded alledge plead declare or shew in the said Court sufficient Cause and Matter in Law Reason and good Conscience in Barr or Discharge of the said Debt or Duty and the same Matter sufficiently prove in the said Court then the said Court shall have Power and Authority to judge and allow the said Proof and clearly acquit and discharge such Person and Persons Also Lands chargeable to the King's Debts in the Seisin and Possession of divers and sundry Persons the same shall be wholly and intirely and in no wise severally liable to the payment of the said Debt and Duty But in the said Act of 33 Hen. 8. All manner of Estate Rights Titles and Interests as well of Inheritance as Freehold other than Joyntures for Term of Life are excepted J. S. holdeth Lands of the King by Fealty and yearly Rent and maketh a Lease thereof for Years to A. B. pretends that J. S. leased the same to him by a former Lease Albeit there is a Rent issuing out of these Lands to the King yet neither A. nor B. can sue in this Court by any priviledge in Respect of the Rent for that the King can have no prejudice or Benefit thereby For whether A. or B. doth prevail yet must the Rent be paid And if this were a good Cause of Priviledge all the Lands in England holden of the King by Rent c. might be brought into this Court. But if Black-acre be extended to the King for Debt of A. as the Lands of A. and the King leaseth the same to B. for Years reserving a Rent C. pretends that A. had nothing in the Land but that he was seized thereof c. this Case is within the Priviledge of this Court for if C. prevail the King loseth his Rent The King maketh a Lease to A. of Black-acre for Years reserving a Rent and A. is possessed of a Term for Years in White-acre the King may distrain in White-acre for his Rent Yet A. hath no Priviledge for White-acre to bring it within the Jurisdiction of this Court Some are of Opinion that a Court of Equity was holden in the Exchequer-Chamber before the Stat. of 33 Hen. 8. And then it must be a Court of Equity by Prescription for we find no former Act of Parliament that doth create and establish any such Court And if it be by Prescription then Judicial Presidents in Course of Equity must guide the same As to the Jurisdiction certain it is that there hath been of ancient time an Officer of the Exchequer called Cancellarius Scaccarii of whom amongst other Officers of the Exchequer Fleta saith thus Officium vero Cancellarij est Sigillum Regis custodire simul cum controrotulis de proficuo Regni And the Mirror saith Perjure est per la ou il fuit Chancellor del Exchequer vea a tiel a fair luy Acquittance de tant que avoit payè al Eschequer de la deit le Roy south le Seal del Exchequer ou delay faire Acquittance de tiel jour tanque a tiel jour c. His ancient Fee is 40 Marks Livery out of the Wardrobe 12 l. 17 s. 4. d. in toto 39 l. 10 s. 8 d. See 15. Hen. 8. Cap. 16. The Exchequer hath a Chancellor and Seal and the Writs usual in the Chancery in the Exchequer to seize Lands are more ancient than Praerog Regis Hereunto it is collected that seeing there hath been timeout of mind a Chancellor of the Exchequer that there should also be in the Exchequer a Court of Equity In Rot. Par. 2 Hen. 4. we find a Petition of the Commons That no Writs or Privy Seals be sued out of the Chancery Exchequer or other place to any Man to appear
know as in himself but the Blessed alone But God of his Goodness revealeth it to all in as much as is necessary for them otherwise he should bind his Creatures to impossible things which to be in God is most wicked to think And God reveals this Law Eternal or the Divine Will to the Rational Creature Three manner of ways that is First by the Light of Natural Understanding and then it is called The Law of Reason Secondly by Divine Revelation and then it is called The Divine Law Thirdly by Reason in the Prince or any other Secondary Pe son Governing who hath power to Impose a Law upon this Subjects and then it is called Humane Law altho' it be Originally instituted from God And because whatsoever the Second Cause doth the First doth also by a more Noble manner therefore the aforesaid Three Laws are called in God One Law Eternal and this is that Law of which it is written Prov. 8. Perâ—me Reges regnant Et legum conditores justa discernunt The Law of Reason LEx Rationis which amongst Doctors is also called The Law of Nature or Jus Gentium The Law of Nations may be doubly considered that is either as it respects all Creatures even Irrationals for all Irrational Creatures not hindred do live and subsist under certain Rules to them set by Nature they also conserve their kind and by Instinct of Nature nourish their Young and things by Nature contrary to them they fear and especially when alone it respects the Rational Humane Creature created to the Image of God And it is called The Law of Nations for that it ought to be kept by all Nations as well among the Jews and Gentiles as Christians And thus The Law of Reason is a participation of The Law Enternal From whence it is said in the Psalms Signatum est super nos Lumen vultus tui Domine scilicet Lumen Veritatis Divine Law LEx Divina is a true Sign reveal'd to the Rational Creature of the Divine Reason Willing the Rational Creature to be held or bound to do something or not do it for obtaining Eternal Felicity as are the Laws of the Old Testament which are called Morals and the Evangelical Law and sometimes it is called Law instituted by Man but improperly nevertheless when the Law is for obtaining Eternal Felicity Moreover besides The Law of Reason and Humane Law it was necessary for the Direction of Humane Life to have the Divine Law for Four Reasons First Whereas Man was created to enjoy Eternal Beatitude it was necessary that besides the Law of Reason and Humane Law he should be Directed to his End by a Law Divinely instituted Secondly For the incertainty of Humane Judgment that he should be directed by a Law given by Divine Inspiration from which it appeared that he might by no means deviate Thirdly Because the Judgment of Man may not be of Interior Acts therefore it was necessary to have a Law Divine which should rectifie the Interiors as well as the Exteriors of Men Fourthly Because Human Law cannot punish every evil Act it was necessary to have a Divine Law which should let no Evil go unpunished and these four Reasons are touched in this Verse Lex Domini immaculata convertens animas Testimonium Domini Fidelis sapientiam praestants Parvulis Humane Law LEx Humana sive Positiva is a Law Deduced by Reason from the Law of Reason and the Divine Law and therefore in every Positive Law well Instituted there is somewhat of the Law of Reason and the Divine Law And Humane Law is a true sign by Humane Tradition and Authority immediately Constituted And that Human Law be Just Two things are required That is Prudence and Authority because it is called Lex à ligando but every Sentence of a Prudent Man doth not bind the Community or any of them if he do not preside over them And in the Law of Men these Proprieties are required viz. That they be Honest Just Possible according to the Custom of the Country and convenient to the place and time Necessary Profitable Manifest also that they be Ordained for no Private end but for the Common good and Humane Laws not contrary to the Divine Law ought to be kept also in Conscience Et qui eas spernit Deo resistit From what hath been said it appears That the Divine Law respects the Spiritual end The Law of Reason the Natural end and that Human Law may direct to both And the Law of Reason takes of Nature of the thing for a Foundation but Human Law the publick Expedience or Good Now of these Four Laws all Laws in general consist and be sounded if they are good And that we may shew particularly and more especially from whence arise The Fundamentals of the Law of England WE must know that the Law of England or Humane Law in England takes its Fundamentals from Six chief Principles First The Law of Reason Secondly Divine Law Thirdly Divers Customs of the Kingdom Fourthly Divers Principles called Maxims Fifthly Particular Customs in certain places Sixthly From divers Statutes of the Common Council of the Kingdom in Parliament of which we shall speak something in order And first The Law of Reason is held in this as in all other Kingdoms and the Learned in the Laws of England make two Degrees of the Law of Reason scilicet Lex Rationis Primariae Lex Rationis secundariae Ex Primaria From the first are forbidden Murder Manslaughter Oppression of the Innocent Perjuries Deceits and many such like But the manner of punishing these sorts of Offences is according to divers Principles and Maxims or Statutes to this end especially ordained and it is called the Law of Reason primary For that those things which are Commanded or Forbidden by that Law are grounded upon Reason also without any other Law joyned or opposed to it The Law of Reason secundary is likewise divided in two parts That is General and Particular The Law of Reason secundary General is derived from that Law of Propriety General which is held throughout the World From this are prohibited Thefts Disseisins and many other And it is called the Law of Reason Secundary for that it is founded not upon Reason alone but from the Law of Propriety and the Reason derived from that Law for because the Law of property saith Such a thing is the proper Goods of such a Man Therefore saith Reason grounded upon that Law that thing is not to be taken from him unjustly against his Will And the Law of Reason Secundary Particular is that which is Founded upon divers General and Particular Customs and divers Maxims and Statutes only had and ordained in the Kingdom of England As if a Distress dye it shall not be imputed to him who distrained but to him who hath the Propriety because the Defect is to be assigned in him for that he did not pay the Rent And Reason is founded upon the Custom aforesaid so
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
be called the Starred Chamber because Crimina Stellionat ' was there handled Others of the Saxon word Steeran to Steer or Rule as doth the Pilot because this Court did steer and govern the Commonwealth Others because it is full of Windows But the true cause of the Name was because the Roof was starred This Court sate twice a Week in Term-time viz. on Wednesdays and Fridays except either of those Days fell out to be the first or last Day of the Term then it sate not but was constantly held the next Day after Term ended But if any Cause was begun to be heard in Term-time and for length or difficulty could not be sentenced within the Term it was continued and sentenced after the Term. Divers Acts of Parliament gave Jurisdiction to this Court for to punish horrible and enormous Crimes and other exorbitant Offences in Great Men but ordinary Offences and such as may be sufficiently punished by the proceedings of the Common Law this Court left to the ordinary Courts of Justice The proceeding in this Court wasby Bill or Information by Examination of the Defendant upon Interrogatories and by Examination of Witnesses and rarely Ore tenus upon the Confession of the party in Writing under his Hand which he again must confess freely in open Court upon which Confession the Court did proceed But if the Confession was set down too short or otherwise than he meant he might deny it and then they could not proceed against him but by Bill or Information which was the fairest way The Informations Bills Answers Replications c. and Interrogatories were in English Engrossed in Parchment and Filed up All the Writs and Process of the Court were under the Great-Seal The Sentences Decrees and Acts of this Court were Ingrossed in a fair Book with the Names of the Lords and others of the King's Council and Justices that were present and gave their Voices In the 28th year of the Reign of Edward the Third it appeareth that the Retorns Coram nobis are in three manners 1 Coram nobis in Camera which was afterwards called Camera stellata 2. Coram nobis ubicunque fucrimus in Anglia which is the Kings-Bench And 3. Coram nobis in Cancellaria By the Statute of 3 Hen. 7. the Letter whereof followeth It was Ordained That the Chancellor and Treasurer of England and the Keeper of the King 's Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings most Honourable Privy Council and the two Chief Justices of the Kings-Bench and Common-Pleas for the time being or other two Justices in their absence upon Bill or Information put to the said Lord Chancellor or any other against any person for unlawful Maintenance giving of Liveries Signs and Tokens and Retainers by Indentures Promises Oaths Writings or otherwise Imbraceries of his Subjects Untrue demeaning of Sheriffs in making of Pannels and other untrue Returns by taking of Money by Injuries by great Riots and unlawful Assemblies have Authority to call before them by Writ or Privy Seal the said Misdoers and they and others by their Discretion by whom the Truth may be known to Examine and such as they find therein Defective to punish them after their Demerits after the Form and Effect of Statutes thereof made in like manner and form as they should and ought to be punished if they were thereof Convict after the due Order of Law Camerae Stellatae authoritatem prudentissimus Princeps Henricus Septimus ita Parliamentaria adauxit Constabilivit nonnulli primum instituisse falso opinantur But the Act of 3. Hen. 7. did not raise a New Court for there was a Court of Star Chamber before and all the Kings Privy Council Judges of the same But By the Statute of 16 17. Car. 1. cap. 10. this Court is absolutely Dissolved The Court for Redress of Delays of Judgments in the Kings great Courts THis Court is raised by the Statute of 14. E. 3. which followeth in these words Item Because divers Mischiefs have hapned of late that in divers places as well in the Chancery as in the Kings-Bench the Common-Bench and in the Exchequer before the Justices assigned and other Justices to hear and determine matters the Judgments have been delayed sometimes by Difficulty sometimes by divers Opinions of the Judges and sometimes for some other Cause It is assented established and accorded That from henceforth at every Parliament shall be chosen a Prelate two Earls and two Barons which shall have Commission and Power of the King to hear by Petition delivered unto them the Complaints of those that will complain to them of such Delays and Grievances made and they shall have power to come before them at Westminster or elswhere where the places or any of them shall be the Tenour of Records and Processes of such Judgments so delayed and to cause the same Justices to come before them which shall be then present to hear their cause and reasons of such delays which Cause and Reasons so heard by Good Advice of themselves the Chancellor Treasurer the Justices of the one Bench and of the other and other of the King's Counsel as many and such as shall seem convenient shall proceed to take a good Accord and make a good Judgment and according to the same Accord so taken the Tenor of the same Accord together with the Judgment which shall be Accorded shall be remanded before the Justices before whom the Plea did depend and that they shall give Judgment according to the same accord and in case it seems to them that the Difficulty be great that it may not well be determined without Assent of the Parliament that the said Tenor or Tenors shall be brought by the said Prelate Earls and Barons in the next Parliament and there shall be a final Accord taken what Judgment ought to be given in this case and according to this Accord it shall be commanded to the Judges before whom the Plea did depend that they shall proceed to give Judgment without delay Before the making of this Statute delay of Judgments was forbidden both by the Common Law and by Acts of Parliament By the Common Law 1. It is required That Plena celeris Justitia fiat partibus c. not plena alone nor celeris alone but both plena celeris All Writs of Praecipe quod reddat are Quod juste sine dilatione reddat c. All Judicial Writs are Sine dilatione c. 2. There did and yet doth lye a Writ De procedendo ad judicium when the Justices or Judges of any Court of Record or not of Record delayed the party Plaintiff or Defendant Demandant or Tenant and would not give Judgment and thereupon an Alias Plur and an Attachment c. doth lye And the Words of the Writ be Quia redditis Judicij loquelae quae est coram vobis c. de quadam transgressione eidem A. perpraefat B. illata ut
hand of a Subject 2ly Not to be Impannelled to appear at Westminster or else where upon any Inquest or Tryal 3ly To be Free of all Tolls for things concerning Husbandry or Sustenance 4ly To be Free from Taxes and Tallages by Parliaments unless specially named 5ly Of Contributions to Expences of Knights of Parliament 6ly If they be severally distrained for other Services they all may join in a Writ of Monstraverunt to save charges And these Priviledges remain altho' the Manor be come to the hands of Subjects and altho' their Services of the Plough is for the most part changed into Money Lands in ancient Demesne may be extended upon a Statute Merchant Staple or Elegit and regularly all general Statutes extend to ancient Demesne But Redisseisin and some others do not lie in ancient Demesne For which see Coke's 4 Institutes cap. 58. and their Priviledge doth not extend to Personal Actions in which by common Intendment the Title of the Freehold cannot come in debate The Demandant cannot remove the Plea but the Tenant may for Seven Causes Vide Coke supra Those Manors are called Ancient Demesne of the Crown which were in the hands of St. Edward the Confessor or William the Conqueror and so expressed in Doomesday Book begun in the 14 year of Will the Conqueror 1081 and finished in Six years And against this Book for Trial of Ancient Demesne lies no Averment And therefore is like the Doom and Judgment at Doomes-day The Court of Commissioners of Sewers THeir Authority is by Commission under the Great Seal Now grounded and warranted by the Statute of 23 H. 8. cap. 5. where upon mentioning only some Observations made by the Lord Coke we shall briefly set forth their Juisdiction and Authority First That the Commissioners shall be named by the Lord Chancellor Lord Treasurer and two Chief Justices or any Three of them whereof the Lord Chancellor to be one Secondly Every Commissioner must take the Oath prescribed by the Act before the Lord Chancellor or Justices of Peace in their Quarter Sessions And ought to have Lands c. of Forty Marks yearly and no Farmer of Lands within the Precinct of the Commission unless he have Lands of Freehold worth 40 l. yearly Thirdly The Avowry or Justification for a Distress taken shall be generally that the Distress was taken by force of the Commission for a Lot or Tax Assessed by the Commission or for such other cause Fourthly There must be Six Commissioners to Sit by force of the Commission Fifthly The Act of 23 Hen. 8. Doth not extend to reform Nusance by Sand rising out of the Sea and driven to Land by Storms A special Provision is therein made for the County of Glamorgan Sixthly A Commission of Sewers shall continue Ten years unless repealed or determined by any new Commission or by Supersedeas Seventhly That Laws Ordinances and Constitutions made by force of such Commission and written in Parchment and Indented under the Seals of the Commissioners or Six of them whereof one part to remain with the Clerk and the other in such Place as Six of the Commissioners shall appoint shall without the Royal Assent or any Certificate stand in force Eighthly That if any such Commission be determined by Expiration of Ten years from the Teste Then such Laws so Indented and Sealed shall stand in force for a year after and the Justices of the Peace or Six whereof One to be of the Quorum shall have Power to Execute the same Ninthly Upon granting a new Commission during that year the Power of the Justices shall cease Tenthly The Commissioners not to make any Certificate or Return of their Commission orany their Ordinances Laws and doings by force of the same Eleventhly See an Alteration by the Statute of 13 Eliz. concerning Fees Twelfthly Neither the Commissioners of Sewers nor any other have any such Absolute Authority but their proceedings are bound by Law By Act of Parliament 3 Jac. 1. Walls Ditches Banks Gutters Sewers Gates Causeys Bridges and Water-courses in or about the City of London where is no Passage for Boats nor the Water doth Ebb and Flow are made subject to the Commission of Sewers which they were not before And of their Jurisdiction and Authority to Supervise all Walls Sewers and Gutters c. upon the Sea-Coasts and else where and to enforce all Persons concerned to pay a proportionable part according to the Lands or Estate they have towards the Repair of them and to that end to make Laws and Ordinances and to force the Observation of them Vide F. N. B. fo 113 114. Coke's 4. Inst cap. 62. And the Statutes at large And it is to be noted that Sewer or Suera is derived from the word Sue or Issue as the Lord Coke observes and taken for a Sewer Channel or Gutter of Water The Court of Commissioners upon the Statute of Bankrupts THe name and wickedness of Bankrupts comes from Foreign Nations for Bâ—ruque in French is Mensa and a Banqueror or Exchanger is Mensarius in Latine and Rout is a Sign or Mark metaphorically taken for one that hath so spent his Estate that nothing remains but the Mark or mention thereof The Commission upon complaint made in Writing to the Lord Chancellor is granted under the great Seal of England and their Jurisdiction and Authority is declared and warranted by the Statute of 34 Hen. 8. being the first made against English Bankrupts and the Statute of 13 Eliz. 7. and 1 Jac. 1. cap. 15. and 21 Jac. 1. cap. 19 c. And the Commissioners must pursue the Power given by those Acts or they are liable to the Action of the Party grieved But they may plead generally They have power to Examine the Offender upon Oath and after he be declared a Bankrupt to Examine his Wife upon Oath and Witnesses also And have power to break open any Houses Ware houses Chambers Trunks Chests c. of the Offenders For all which see Coke's 4 Inst cap. 63. and the Statutes at large There is a Court called Curia Cursus Aquae apud Gravesend and others like it in private Of which it belongs not to us to treat Commissioners for Examination of Witnesses COmmissioners and Examiners are not bound strictly to the Letter of the Interrogatory but ought to Explain every other thing which necessarily ariseth thereupon for manifestation of the whole Truth They ought not to discover to either Party or any other any of the Depositions taken before publication granted Nor ought to confer with either Party after the Examination begun or take any new Instructions They must take the Depositions Gravely Temperately and without Menace or Interruption in hindrance of the Truth which are grievously to be punished And after the Depositions taken must Read the same distinctly to the Witnesses and suffer them to explain themselves and it is safe that the Witnesses subscribe their Names or Marks to the Paper-Book But they must be certified in Parchment
can Examine after Judgment 10 Hen. 6.14 15. Also there is a practise called Marking of a Cause before the Lord Mayor which is after a Verdict given for the Plaintiff in the Sheriffs Court the Defendant may get the Cause marked by one of the Clerks in the Lord Mayor's Court to stay Judgment and Execution until the matter be Examined in Equity where the Lord Mayor doth oftentimes mitigate the Damages or give the Defendant time to pay it c. This Court is held Mondays Tuesdays and every day if the Lord Mayor please to sit The Court of the Mayor and Aldermen THis is a Court of Record consisting of the Lord Mayor Recorder and Twenty three Aldermen whereof the Two Sheriffs are part And their Proceedings is by Arrest of the Body or Attachment of the Defendants Goods and in that case much like the other Courts of Common Law By the Statute of 43 Eliz. cap. 12. They have power to correct Errors used for default of good Governance c. in the City The Court of Orphans THe Mayor and Aldermen by Custom have the Custody of Orphans within the City And if they commit the custody to another Man he should have a Ravishment of Ward if the Orphan be taken away And they shall have custody of the Lands and Goods of such Orphans A Recognizance may be acknowledg'd in this Court before the Mayor and Aldermen to the Chamberlain for Orphans and he being a sole Corporation the Recognizance and Bond made to him and his Successors concerning Orphans shall by Custom go to his Successors Executors or Administrator are to Exhibite true Inventories before the Lord Mayor and Aldermen and give Security by Rocognizance or the Court may commit them to Prison till they do it If the Father advance any of his Children by part of his Goods that shall bar him to demand any further unless the Father under his Hand or by Will declare it was but in part of Advancement and then that Child putting his part in Hotchpot with the Executors and Widow may have a Third part of the whole and this the Civil Law calls Collatio Bonorum How the Goods of a Freeman shall be divided See Coke's 1 Inst Sect. 207. The Court of Common Councel THis is held by the Lord Mayor Aldermen and Commonalty Resembling the High Court of Parliament The Commonalty being chosen out of every Ward constitute the Lower House and Represent all the Commonalty of the City Here they make Acts for the better Government of the City For the Execution of the Laws and Statutes of this Realm Pro Bono publico and for the better advancement of Trade and Traffick Provided such Constitutions be not contrary to the Laws of the Realm And these being made by Mayor Aldermen and Commonalty do bind within the City And they of the Common Assembly do give their Assent by holding up their Hands The Court of Wardmote Inquest THis Resembles the Country Leets Every Ward being as a Hundred and the Parishes as Towns And in in every Ward there is an Inquest of Twelve or more Sworn every year to Inquire of and present Nusances and other Offences within the Ward The Court of Hallmote THis is as much as to say The Court of the Hall being the Court which every Company in London keeps in their Halls which was anciently called The Hallmote or Folke Mote The Chamberlain 's Court for Apprentices BEfore the Chamberlain all Indentures of Apprentices are or ought to be Inrolled and if they be not Inrolled and if they be not Inrolled the Apprentice may refuse to Serve and Sue out his Indenture in this Court at his Pleasure and be discharged of his Master The Chamberlain is Judge in all Complaints either of the Servant against the Master or Master against the Servant and punisheth the Offenders at his Discretion In this Court are all Apprentices made Free And that may be Three manner of ways By Service as are Apprentices By Birthright as being the Son of a Freeman which is called Freedom by his Fathers Copy or by Redemption by Order of the Court of Aldermen The Court of the Conservator of the Water and River of Thames THe Lord Major of London for the time being is the Conservator or Governor of the River of Thames and the Issues Breaches and Lands overflown from Stanes Bridge to the Waters of Yendal or Medway And hath Authority for punishment of such as use unlawful Netts or Engins in Fishing or take Fish under Size or unseasonably c. 4 Hen. 7. cap. 15. And in all Commissions touching the Water of Lee the Lord Mayor shall be one 3 Jac. cap. 14. The Court of the Coroner in London THe Mayor is Coroner within the City And this Court is holden before him or his Deputy See Coroner before in the Counties The Court of Escheator in London THe Lord Mayor is also Escheator within the City And this Court is holden before him or his Deputy Vide Escheator before in Counties The Court of Policies and Assurances THis Court Sitteth by Force of the Commission under the Great Seal Warranted by Act of Parliament Ann. 43 Eliz. cap. 12. there being an Officer or Clerk to Register Assurances The Jurisdiction of which Court you may read in that Act of Parliament being for Incouragement of Trade The Judge of the Admiralty Recorder Two Doctors of Civil Law Two Common Lawyers Eight Merchants or any five of them to determine all differences concerning Assurances as they shall think fit without Formalities of Pleadings And to Commit to Prison without Bail all such as disobey their Decrees And to that end they are to meet once a Week at the Assurance Office and not to take any Fee If any be grieved by their Decree he may Exhibit his Bill in Chancery for Re-examination of that Decree The Lord Mayor is Chief Judge at the Court or Sessions of Gaol Delivery held Eight times in the year or oftner at the Sessions-House in the Old Baily for the City of London and County of Middlesex for the Tryal of Criminals and hath power to Reprieve Condemned persons The Tradesmen in London are divided into Corporations or Companies and are so many Bodies Politick of these Twelve are called Chief Companies and he that is chosen Lord Mayor if he be not before must be made Free of one of these Companies viz. Mercers Grocers Drapers Fishmongers Goldsmiths Skinners Merchant Taylors Haberdashers Salters Ironmongers Vintners Cloth-Workers All which Companies have Assembling places called Halls and each of them hath a Master chosen Annually from amongst themselves and Subordinate Governours called Wardens or Assistants And these in their Companies exactly correspond to the General Government of the City Several of our Kings have to honour some of these Companies taken their Freedom of it as VII several Kings had been of the Taylors Company whereof the last of these Seven being King Henry the 7th gave them the Name and Title of Merchant Taylors
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.
the Conviction of the Defendant shall have a Fine there the Sheriff in his County cannot hold Plea of it for no Court can assess a Fine but a Court of Record because a Capias to take the Body is incident to it For it is a Rule in Law Quod placita de transgressione contra pacem Regis in Regno Angliae vi armis factis secundum legem consuetudinem Angliae sine Brevi Regis placitari non debent Neither shall he hold Plea of Trespass for taking away of Charters concerning Inheritance or Freehold for it is a Maxim in Law Quod Placita concernent ' Chart ' seu script ' liberum tenementumâ— tangentia in aliquibus Curiis quae recordum non habent secundum legem consuetudinem Regni Angliae sine Brevi Regis placitari non debent And as inferiour Courts which are not of Record regularly cannot hold Plea of Debt c. or Damages but under 40 s. so the Superiour Courts that are of or Damages regularly unless the Sum amount to 40 s. or above Ne dignitas Curiarum illarum vilesceret ne materiam superaret opus Now as the Superiour Courts ought not to incroach upon the Inferiour so the Inferiour Courts ought not to defraud the Superiour Courts of those Causes that belong to them For Example If in the County Court or other Inferiour Courts they shall divide a Debt of 20 l. into several Pleints under 40 s. in this case the Defendant may plead the same to the Jurisdiction of the Court or may have a prohibition to stay that indirect Suit for as an ancient Record saith Contra jus commune est petere integrum Debitum excedens summam 40 s. per diversas querelas per parcellas scilicet 39 s. 11 d. ob q. The Maxim of the Common Law is Quod placita de catallis debitis c. quae summam 40 s. attingunt vel eam excedunt secundum legem consuctudinem Angliae sine Brevi Regis placitari nondebent And these Words sine Brevi Regis are material Words for by the King 's Writ the Sheriff in the Country Court may hold Plea of Goods debt c. above the Value of 40 s. and by force of the King 's Writ of Justicies he may hold Plea of an Obligation of what Sum soever For Example of 1000 Marks the which Writ is in the nature of a Commission to the Sheriff to hold Plea of Debt above 40 s. The words of which Writ are Rex Vicecom ' salutem Praecipimus tibi quod Justicies A. quod juste sine dilatione reddat B. mille Marcas quas ei debet ut dicit c. ne amplius inde clamorem audiamus pro defectu Justiciae By force of which Writ he may hold Plea of the same and the Process therein is Attachment by his Goods c. but no Capias and altho' the Power of the Court by this Writ is in this particular inlarged and the Words of the Writ to the Sheriff are quod Justicies c. Yet is not the Jurisdiction of the Court as concerning the Judicature thereof altered for those Words of the Writ do not nor can make the Sheriff Judge of that Court in that particular Case for that were to alter the Juristiction and Judicature of the Court whereof by the Common Law the Suitors be Judges which cannot be altered but by Act of Parliament The Plaintiff may remove this Plea without Cause shewed but the Defendant cannot without shewing of Cause Also by force of a Justicies to the Sheriff he may hold Plea of a Trespass Vi Armis See the Register and F. N. B. divers forms of Writs of Justicies in many Actions The Sheriff may also hold Plea in a Replevin of Goods and Chattels above the value of 40 s. For if it be by Writ the Words of the Writ be Rex Vicecom ' c. Praecipimus tibi quod juste sine dilatione replegiari facias B. averiâ— sua Or Bona Catalla sua quae D. cepit injuste detinet ut dicit c. ne amplius inde clamorem audiamus pro defectâ— Justiciae By force of which Writ which is in nature of a Commission the Sheriff may deliver the Beasts or Goods and Chattels of what Value soever And if the Replevin be by Plaint in the County Court the Sheriff by the Statute of Marlebridge may hold Plea of what Value soever The like Writs in the nature of a Commission directed to Sheriffs are the Admeasurement of Pasture Recaption Nativo habendo and many others The said Words Vailent 40 s. al meins have received this Construction that the same must so appear to be of Value in the Plaintiffs Count for it is not sufficient that it appears by Verdict the Sum is under 40 s. For Example if the Plaintiff count in Trespass Debt Detinue Covenant c. to the damage of 40 s. and the Jury find the Damages under 40 s. yet the Plaintiff shall have no Judgment albeit in truth the Case de jure belong'd to the Inferior Courts And it appeareth by this Act that the County Court hath no Jurisdiction to hold Plea de Plagis Maihemiis of Wounds and Maihems but those Pleas must be determined in the King 's Higher Courts but of Battery without wounding or maihming this Act proveth that the Country Court hath Jurisdiction Albeit this Statute speaketh only of the Execution of the Body yet might he have had at the making of this Act a Fieri Fac ' and afterwards by the Stat. W. cap. 45. he may have an Elegit for this Branch being in the Affirmative doth not restrain the Plaintiff to take any other Remedy Coke's 2 Inst 311 312 and 313. In all Writs directed to Sheriffs concerning the County Court the King saith In Comitatu suo and in all Returns of Exigents made by him he saith Ad Comitatum meum tentum c. and the Stile of the Court proveth the same also And by Stat. 33. H. 8. cap. 13. it is provided That the Sheriff of Denbigh shall keep his Shire-Court at the Shire-Hall in the said County c. by which as by many other Parliaments it appeareth That the County or Shire Court is the Court of the Sheriff altho' the Suitors be there Judges in some Cases And as the Custody of the Entries and Rolls thereof do belong to the Office of the Sheriff he shall answer for them as immediate Officer to the Court. And therefore the Sheriff shall appoint Clerks under him in his County Court for whom he shall answer at his Peril The same Law is of the Sheriffs Tourne Coke's 4 Rep. 191. Mitton's Case Resolved That if the Plea be holden by Writ or without Writ the Suitors are Judges The Reason why the Writ is directed to the Lord or Sheriff is because the Court Baron is the Lord's Court and the County Court is the Sheriff's Court. And in case they hold Plea by force
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
in London Page 400 Chartereux in London Page 404 Cambridge City Page 426 Civil Government of Villages Page 431 Carolina Page 512 Caribee Islands Page 519 St. Christophers Page 526 Court of First-fruits and Tenths c. Page 548 D. DIvine Law Page 6 Delegates Court Page 44 Durham County Palatine Court Page 252 De Conservatore Treugarum i. e. Induciarum c. Page 302 Dominica Island Page 522 E. ENgland's Government Page 22 Ecclesiastical Government of England Page 28 Executive power in Causes Ecclesiastical Page 36 Executive power in Temporal Affairs Page 80 Exchequer Court Page 127 Eyre Justices Court Page 193 Execution of Laws in each County Page 222 Escheator 's Court Page 239 Ely's Royal Franchise Page 254 Ecclesiastical Government of the King's Court Page 308 Ecclesiastical Government of the Queen's Court Page 341 Ecclesiastical Government of Cities Page 344 Ecclesiastical Government of London Page 347 Ecclesiastical Government of Villages Page 431 English Plantations in Asia Page 491 English Colonies in Africa Page 492 English Plantations in America Page 492 F. FUndamentals of the Laws Page 8 Forrest Justices Court Page 175 Franchise of Ely Page 254 Franchise of Hexam and Hexamshire Page 255 First-fruits and Tenths Ecclesiastical Page 548 G. GOvernments in General Page 1 Government of England Page 22 Government Ecclesiastical of England Page 28 Government civil of England Page 51 Gaol-Delivery Justices Court Page 169 Government of Counties in England Page 207 Great Sessions in Wales Page 270 Government Military of England Page 275 Government Ecclesiastical of the King 's Court Page 308 Government civil of the King's Court Page 312 Green-cloth Court Page 315 Government Military of the King's Court Page 338 Government of the Queen's Court Page 341 Government Ecclesiastical of the Queen 's Court Page 341 Goveonment civil of the Queens Court Page 342 Government of Cities Page 344 Government Ecclesiastical of Cities Page 344 Government civil of Cities Page 345 Government Ecclesiastical of London Page 347 Government civil of London Page 348 Government Military of London Page 363 General Post-Office Page 381 Gresham Colledge in London Page 402 Government of the two Universities Page 415 Government of Boroughts in England Page 430 Government of Villages in England Page 430 Government Ecclesiastical of Villages Page 431 Government civil of Villages Page 431 Guernsey olim Servia Page 437 Government of Scotland Page 445 Government of Ireland Page 463 Guinea Page 492 Guardian of England Page 540 H. HUmane Law what Page 7 High Commission Court Page 36 High Court of Parliament Page 51 535 High Stewards Court Page 81 539 High Court of Chancery Page 90 Hundred Court Page 233 630 Heralds Colledge Page 283 Hustings Court Page 351 Halmote Court Page 358 Hebrides Islands Page 460 I. JUstices of Assize Nisi-prius Court Page 144 Justices of Oyer Terminer Court Page 153 Justices of Gaol-delivery Court Page 169 Justices of the Forrest Court Page 175 Justices in Eyre's Court Page 193 Justices of Trailbastons Court Page 195 Inns of Chancery Page 383 Inns of Court Page 384 Inns of Court manner of keeping Christmas Page 390 Judges Page 394 Islands adjacent unto England Page 433 Jersey olim Caesarea Page 437 Insula Vectis or Vectae Page 439 Ireland Page 463 Jamaica Page 530 K. KING Page 22 King's Bench Court Page 113 King 's Swanherd Page 204 587 King's Aulnager Page 205 590 King of England's Court Page 308 Knight Marshal Page 320 King 's great Wardrobe Page 332 St. Katherine's Page 378 Keeping Christmas in the Inns of Court Page 390 L. LAws in General Page 4 Law Eternal Page 4 Law of Reason Page 5 Law Divine Page 6 Law Humane Page 7 Law fundamentals Page 8 Laws and Constitutions Ecclesiastical Page 45 Leet Court Page 224 Law study Page 383 London Page 346 Lindisfarne Page 441 M. MOney collected for Houses of Correction or for the Poor Page 166 Mayor of the Staple's Court Page 263 Military Government of England Page 275 Maritime Power of England Page 287 Marshalsea Court Page 321 Military Government of the King's Court Page 338 Mayor and Aldermens Court Page 356 Military Government in London Page 363 Mootings in the Inns of Court Page 388 Mootings in the Inns of Chancery Page 390 Manner of holding Parliaments in the Inns of Court Page 392 Man Isle Page 433 Mariland Page 507 Montserrat Page 521 Mevis or Nevis Page 524 N. NAvy Office Page 295 Norwich City Page 411 Newfoundland Page 494 New England Page 496 New York Page 500 New Jersey Page 504 Nevis or Mevis Page 524 O. OFfice of Pleas in the Exchequer Page 142 Office of Tents Page 335 Office of the Robes to the King Page 335 Officers of the Robes to the Queen Page 342 Orphans Court Page 356 Office of the Ordnance Page 368 Office of the Warden of the Mint Page 373 Office of Records in the Tower Page 375 Oxford Page 415 Orcades Page 459 P. PRivy Council Page 22 Prerogative Court of Canterbury Page 40 Punishments by Ecclesiastical Courts Page 47 Punishments Ecclesiastical peculiar to the Clergy Page 49 Parliament High Court Page 51 535 Pipowders Court Page 246 Pembroke Palatine's Cuort Page 255 President and Council in the North Page 258 Principality of Wales Page 266 President and Council of Wales Court ibid. Port Courts Page 298 Parliament-holding in the Inns of Court Page 322 The Palace ibid. Post-Office General Page 381 Physicians Colledge in London Page 400 Plantations in Asia Page 491 Plantations in Africa Page 492 Plantations in America ibid. Pensylvania Page 505 Protector of England Page 540 Q. QUeen of England's Court Page 341 R. ROyal Franchise of Ely Page 254 River of Thames Conservator's Court Page 360 S. STar-chamber Court Page 104 Swanherd Page 204 587 Sessions of the Peace Court Page 210 Stannaries Court in the County of Devon and Cornwall Page 261 Lord Steward 's Court Page 324 325 Sheriffs Court in London Page 352 Serjeants Inns Page 392 Serjeants Call or Creation Page 393 Sion Colledge Page 403 Schools in London Page 405 Southwark ibid. Sorlings Page 440 Scotland Page 445 Scottish Isles or the Lesser-Islands near Scotland Page 459 Schetland I. ibid. T. TRyals Ecclesiastical in civil Causes Page 46 Tryals Ecclesiastical in criminal Causes ibid. The Tourn Page 223 Tower of London Page 365 Tangier Page 492 V. UNiversities Page 415 Virginia Page 510 St. Vincent Page 523 260 W. WItnesses Examination by Commissioners Page 203 Wardens Courts c. Page 260 Wales 266 Wardrobe of the King 332 Wardmote Inquest 358 Westminster City 406 Wight Island 439 Y. YEomen of the Guard 340 FINIS ERRATA PAge 14. line 11. read Escheators p. 17. l. 31. r. the. p. 21. l ult for of the Laws of England r. of the Jame p 25. l. 11. the Comma at without Warrant p. 57. l. 4. r. Roy. p. 69. l. 4. r. Martial p. 74. l. 23. r. The Stat of p. 78. l. 1. r. Sess 2. cap. 4. p. 102. l. 20. r. by a Deputy p 114. l. 12. r. Westminster p. 133. l. 4. r. Auditeth p. 136. l. 13. r. 2d p. 141. l ult r. 4. Instit p. 171. l. 10. r. plevisable p. 182. l. 7. r. circa l. 3. for nolucrint r. vâ—lâ—â—rint p. 185. l. 22. r belong p. 190. l. 15. r. nor p. 193. l. 19. r. of a Commission p. 201. l. 24. r. Banque p. 307. l. 15. dele in p. 209. l. 18. dele and. p. 225. l. 27. r. Easter p. 243. l. 10. r. Drachme l. 17. r. Avoir p. 275. l. 15. r. Pay p. 276. l. 21. r. were heretofore p. 279. l. 13. r. scale p. 280. l. 5. r. seale l. 7. r. surcease l. 13. surcease 281. l. 4. r. fact ' l. 16. r. Foy p. 291. l. 3. r. 62432. pounds p. 298. l. 19. r. 4 Instit 147. p. 301. r. Lynne p. 302. l. 6. r. Raised p. 303. l. 24. the Comma at concitat p. 304. l. 27. r. Foreign p. 306. l. 23. r. to that Sin p. 307. the Comma at Tacitus p. 327. l. 26. r. stick p. 350. l. 21. r. Camera Regis Reipublicae Cor totius Angliae Epitome p. 353. l. 6. dele and if they be not Inrolled p. 407. l. 13 r. secular p. 411. l. 17. for ortam r. ortum p. 463. l. ult r. called p. 464. l. 24. r. Belfast p. 468. l. 8. r. Universities one p. 476. l. 27. r. Ego p. 486. l. 6. r. Alienigena l. 19. r. 25. p. 510. l. 27. r. as p. 564 r. Plea p. 565. l. 4. r. F. N. B. 27 28 l. 7. r. 100. p. 570. l. 29. r. new framed p 579. l. 15. r. Testmoignes l. ult r. Bokland p. 607. l. 25. r. Letae