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
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
Prayers The Parliament when required confirms the Consults of the Clergy that the People may be thereby induced to obey the Ordinances of their Spiritual Governours The Archbishop of York at the same time holds a Convocation for his Province at York in like manner and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury Inter Leges Inae Anno Domini 727 A Convocation of the Clergy is called Magna Servorum Dei frequentia All the Members of both Houses have the like Priviledges for themselves and Menial Servants as the Members of Parliament and this by Statute Now they are required to subscribe Three of the XXXIX Articles Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James 1 Jac. 1. And for The Executive Power in Causes Ecclesiastical THere are provided divers Excellent Courts the chief whereof for Criminal Causes was The High Commission Court THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty Her Heirs and Successors should have power by Letters Patents under the Great Seal to Nominate and Authorize such person or persons being Natural born Subjects to Her Highness as Her Highness her Heirs or Successors should think fit to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other Her Highness Dominions to Visit and Reform all Errours Heresies or Schisms Abuses Offences and Contempts c. which by any manner of Spiritual and Ecclesiastical Power can or may be lawfully Reformed c. And that such person or persons should have full Power by Virtue of the said Act and Her Majesties Letters Patents to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent And upon Declaration of this Act the Lord Coke raises two Questions First What Causes should belong to this Court Secondly In what cases they may Fine and Imprison As to the first it is certain That by the principal Clause of Restitution in that Act all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used or which might have been lawfully exercised or used were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm For whatever Power or Jurisdiction did belong to or was exercised by the Pope De facto doth now De jure belong to the King But by reason the Ecclesiastical Judges before the making of that Act ought to have proceeded according to the Ecclesiastical Censures of the Church and could not Fine and Imprison unless they had Authority by Act of Parliament Therefore the Lord Coke by reason of the Clause iâ— this Act That the Commissioners shall Execute the Premisses according to the Tenoâ—â— of the Letters Patent which Clauâ—â— refeâ—s â—o the former parts of this Act viz The Ancient Jurisdiction restoreâ— by this Act â—aâ—th the Commissioneâ— had not power to Fine and Imprison This Commission was usually granteâ— to persons of the Highest Quality iâ— Church and State so often and for 〈◊〉 long time as the King did thinâ— fit In Queen Elizabeths Time saith thâ— Lord Coke it was Resolved the Higâ— Commission should be limitted to certiaâ— Enormities and Exorbitant Causes And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison both out of thâ— Kings-Bench and Common-Pleas Bâ—â— this Court being now Abrogated by thâ— Statute of 16 17 Car. 2. cap. 11. The Courts of the Archbishop 〈◊〉 Canterbury come next in course thâ— Highest of which is The Court of Arches SO called from the Arched Church of St. Mary in Cheapside where this Court hath been usually kept as appears by Record in Edward the First 's time The Judge hereof is the Dean of the Arches who under the Archbishop of Canterbury hath Jurisdiction over a Deanery consisting of Thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical Matters within the Province of Canterbury And to this Court belong divers Advocates all Doctors of the Civil Law Two Registers and Ten Proctors The next Court of the Archbishop is The Court of Audience KEpt within the Archbishop's Palace and medleth not with any manner of Contentious Jurisdiction but only with Matters pro forma as Confirmation of Bishops Elections Consecrations and Matters of Voluntary Jurisdiction as granting the Guardianship of the Spiritualties Sede vacante of Bishops Admission and Institution to Benefices Dispensing with Banns of Matrimony and such like The Court of the Faculties THis is also a Court although it holdeth no Plea of Controversie 〈◊〉 belongeth to the Archbishop and his Officer is called Magister ad Facultates And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations Faculties c. by himself or his sufficient Commissary or Deputy for any such matter heretofore had at the See of Rome or by the Authority thereof The Prerogative Court of Canterbury THis is the Court where Testaments are proved and Administrations granted where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth which regularly is to be to the value of Five pounds but in the Diocess of London it is Ten pounds composition By 16 Rich. 2. Rot. Par. not in Print It is assented in full Parliament that the King may make his Testament which before that was doubtful and Hen. 4th made his Testament and his Executors refusing Administration was granted by the Archbishop of Canterbury with the Testament annexed to the same When the King is made Executor he Deputes certain Persons to take the Execution upon them and appoints others to take the Accompt The Probate of every Bishop's Testament or Granting Administration of his Goods althô he hath not Goods but within his own Jurisdiction doth belong to the Archbishop From this Court the Appeal is to the King in Chancery The Archbishop of York hath the like Courts and also the Court of Audience The Court of Peculiars THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. and there are Fifty seven such Peculiars within the Province of Canterbury It is an Ancient Priviledge of the See of Canterbury that wheresoever any Manors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of thâ— Diocess of Canterbury And there are certain peculiar Juriâ—dictions belonging to some certain Parâ—shes the Inhabitants whereof are exemâ—â— from the Archdeacon's Jurisdiction anâ— sometimes from the Bishops Jurisdictioâ— And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anothâ—â— Bishop's Diocess hath often a Court 〈◊〉 Peculiars held for him in that particâ—lar Parish Note That there are some Deans 〈◊〉 England without any Jurisdiction onâ— for Honour so Stiled as
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
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.
308 Civil Government of the King's Court 312 Compting-House 314 Court of Green-Cloth 315 The Knight Marshal 320 Court of the Marshalsea 321 Court of the Palace 322 Court of the Lord Steward Treasurer and Comptroller of the King's Houshlod concerning Felony c. 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea 325 King 's great Wardrobe 332 The Office of the Tents 335 The Office of the Robes ibid. Military Government in the King's Court 338 The Band of Pensioners 339 The Yeomen of the Guard 340 Court of the Queen of England Government of the Queen's Court 341 Ecclesiastical Government of the Queen's Court 341 Civil Government of the Queens Court 342 Officers of the Robes ibid. Government of Cities Government f Cities 34â— Ecclesiastical Government of Cities 344 Civil Government of Cities 345 City of London 34â— The Ecclesiastical Government of London 347 The Civil Government of London 34â— Court of Hustings 351 Sheriffs Court in London 352 Court of Conscience 354 Court of the Mayor and Aldermen 356 Court of Orphans 356 Court of Common Council 357 Court of Wardmote Inquest 358 Court of Halmote ibid. Chamberlain 's Court for Apprentices 359 Court of the Conservators of the Water and River of Thames 360 Court of the Coroner in London ibid. Court of the Escheator in London ibid. Court of Policies and Assurances 361 Military Government of London 363 Tower of London 365 Office of the Ordnance 368 Office of the Warden of the Mint 373 Office of Records in the Tower 375 St. Katherine's 378 Bridge ibid. Custom House 379 General Post-Office 381 Law Study 383 Inns of Chancery ibid. Inns of Court 384 Mootings in the Inns of Court 388 Mootings in the Inns of Chancery 390 Keeping Christmas in the Inns of Court ibid. Manner of holding Parliaments in the Inns of Court 392 Serjeants Inns ibid. Call or Creation of Serjeants 393 The Judges 394 Colledge of Civilians in London 396 Colledge of Physicians in London 400 Gresham Colledge in London 402 Sion Colledge in London 40â— Chartreux in London 40â— Schools in London 40â— Southwark ibid City of Westminster 40â— City of Norwich 41â— Government of the Two Universitieâ— The two Universities in England 41â— Oxford ibid Cambridge 42â— Government of Boroughs Government of Boroughs is England 43â— Government of Villages Government of Villages in England 43â— Ecclesiastical Government of Villages 43â— Civil Government of Villages ibid Islands adjacent to England Islands adjacent unto England 43â— Isle of Man ibid Anglesey 43â— Jersey olim Caesarea 437 Guernsey olim Servia ibid Insula Vectis or Vecta 43â— Sorlings 44â— Island Lindisfarne 44â— The Government of Scotland Scotland 445 The Islands near Scotland The Lesser Islands near Scotland 459 Orcades ibid. Schetland ibid. Hebrides 460 The Government of Ireland Ireland 463 English Plantations in Asia English Plantations in Asia 491 Bantan ibid. Bombaine ibid. English Colonies in Africa English Colonies in Africa 492 Guinea ibid. Tangier ibid. English Plantations in America 492 Newfoundland 494 New England 496 New York 500 New Jersey 504 Pensylvania 505 Mariland 507 Virginia 510 Carolina 512 Bermudas 515 Caribee Islands 519 Barbuda ibid. Anguilla 520 Montserrat 521 Dominica 522 St. Vincent 523 Antegoa 524 Mevis or Nevis ibid. St. Christophers 526 Barbadoes 527 Jamaica 530 See the Alphabetical Table at the End of the Book Finis Tabulae OF GOVERNMENTS c. The Original of Governments OF GOVERNMENTS there can be but Three kinds viz. One or More or All must have the Sovereign Power of a Nation If one then it is a Monarchy If more as an Assembly of Choice Persons then it is Aristocracy if All that is a General Assembly of the People then it is a Democracy And now in course we are first to speak of The Monarchical Government which as most resembling the Divinity and approaching nearest to Perfection being esteemed the most Excellent is of two sorts Regal and Political The first sort Monarchy Regal was begun by Nimrod who after the World began to increase got unto himself a Dominion over others and yet in Scripture he is not called a King but a Mighty Hunter before the Lord So Belus did subdue the Assyrians and Ninus the most part of Asia and so did the Romans usurp the Empire of the World And thus having set forth the beginning of the Regal Government of Kingdoms which Law Regal was no other thing but the Pleasure of the Prince as in the First of Kings you may read more at large We will now as being more for our purpose declare how Kingdoms of Political Government were first begun which we may term Monarchy Political St. Augustine in the 19th Book De Civitate Dei saith Aâ— People is a Multitude of Men associated by the Consent of Law and Communion of Wealth And yet such a People without a Head is not worthy to be called 〈◊〉 Body as in Natural things the Head cut off is not called a Body but a Trunk Wherefore Aristotle in his Civil Philosophy saith Whensoever One is made of Many among the same One shall be the Ruler and the other shall be the Ruleâ— And this Ruler thus raised and appointed in Kingdoms is called a King from the Saxon word Koning intimating Power and Knowledge wherewith every Sovereign ought especially to be Invested And thus of a Multitude of People ariseth a Kingdom which is a Body Mystical And in this Body Mystical or Political the Intent of the People like Blood in the Natural Body is the first lively thing that is Politick provision for the Utility and Wealth of the same People which is imparted to the Head and members of the same Body whereby it is Nourished and Maintained and by the Law which cometh from Ligando of Binding this Mystical Body is knit and preserv'd together and the Members and Parts thereof as the Natural Body by Sinews do every one retain their proper Functions And as the Head of a Natural Body cannot change his Sinews nor withhold from his Inferiour Members their peculiar Powers of Nourishments no more can a King which is the Head of the Body Politick change the Laws of that Body or withdraw from the said People their proper Substance against their Wills And therefore it now follows that we speak somewhat of the Fundamentals of laws in General and then descend to the particular Fundamentals of the Laws of England and afterwards briefly declare the Executive Powers of the same And first of Laws in General WHich are Four that more properly belong to this our Business viz. The Law Enternal The Law of Nations Divine Law and Human Law The Law Eternal LEx Aeterna is the Reason of the Divine Will whereby God will â—ave all things of him Created to be moved and directed to a good End and it is called The first Law and all other Laws are derived from it And this Law Eternal none may be able to
these Archbishops have the Style of Grace with the Title of Lord prefixed in speaking to them and are termed Arch or Chief Bishops it seeming requisite to our Ancestors according to other Christian Churches since the first Nicene Council to have amongst a certain number of Bishops One to be Chiefest in Authority over the rest for the remedy of General Disorders or when the Actions of any Bishop should be called in question c. And next under these Archbishops are Bishops Twenty four whereof Twenty one Bishops with their Bishopricks or Diocesses are in the Province of Canterbury and the other Three in the Province of York who are in Conformity to the first Times and Places of Established Christianity One of the Clergy Ordained in every City to have the preheminence over the rest of the Clergy within certain Precincts And these are likewise Lords in respect of their Baronies annexed to their Bishopricks and for easing the Bishop of some part of his Burthen as the Christians waxed Great or as in respect of the Largness of the Diocess in the primitive Times there were Ordained Chorepiscopi Suffragan or Subsidiary Bishops so in England are such Ordained by the Name of Bishops Suffragans or Titular Bishops who have the Name Title Style and Dignity of Bishops and as other Bishops are Consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as are limited by the Bishop or Diocesan whose Suffragan he is By Act of Parliament of King Henry the 8th still in force they are to be only of several Towns therein named and in case the Archbishop or some other Bishop desire the same the Bishop is to present Two Able Men whereof the King chuseth One for any of the places named And the next in the Church Government is the Arch-Deacon who tho' a Presbyter himself is so named for that he hath Charge over the Deacons who are to be guided and directed by him under the Bishop and of these are Sixty in England And next under them are Deacons or Deans from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because anciently set over Ten Canons at the least which Canons were prudent and pious Pastors placed in a Collegiate manner at every Cathedral or Apostolick See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves for Government and Authority in the Church and accordingly in every Cathedral Church in England is A Dean and under him a certain number of Prebendaries or Cannons and this Dean is sometimes styled Alter Episcopi Oculus the other being the Arch-Deacon and of these Deacons are 26 Deans of Cathedral and Collegiate Churches and 544 Prebendaries And next are Rural Deans or Archi-Presbyters so called because they had usually charge over Ten Country Parsons Presbyters or Priests having the Guidance and Direction of them and of these are many in England And in the last place are Pastors Presbyters or Priests of every Parish commonly called Rectors unless the Praedial Tithes are Impropriated and then they are called Vicars quasi Vice Fungentes Rectorum and of these Rectors or Parsons and Vicars are about 9700 besides Curates who for Stipends assist such Rectors and Vicars that have the Cure of more Churches than One. Of all which with their manner of Election Consecration Function Precedence Priviledges and Duties c. you may Read more at large in several Authors who have writ particularly thereof to whom I refer and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government which is The Convocation BEing a National Synod which the King by the Advice of his Privy Council usually Convokes for the Church Legislative Power or for making Ecclesiastical Laws or consulting of the more weighty Affairs of the Church in this manner The King directs his Writ to the Archbishop of each Province whereupon the Archbishop directs his Letter to his Dean citing himself peremptorily and then willing him in like manner to Cite all the Bishops Deans Archdeacons Cathedrals and Collegiate-Churches and all the Clergy of his Province to the Place and at the Day prefixt in the Writ But directeth withal that One Proctor sent for each Cathedral and Collegiate Church and Two for the Body of the Inferiour Clergy of each Diocess may suffice The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province Citing them in like manner to appear personally and the Cathedral and Collegiate Churches and Inferiour Clergy of his Diocess to send their Proctors to the Place and at the Day appointed also to certifie to the Archbishop the Names of all so Summoned by them The Place where the Convocation of the Clergy was usually held was heretofore at St. Paul's Church of latter Times in King Henry the Sevenths Chappel at Westminster The Higher House in the Province of Canterbury consisting of Twenty two Bishops of whom the Archbishop is President sitting in a Chair at the Upper end of a Great Table and the Bishops on each Side of the same Table all in their Scarlet Robes and Hoods the Archbishops Hood Furr'd with Ermin the Bishops with Minever The Lower House consisting of Twenty two Deans Twenty four Prebendaries Fifty four Archdeacons and Forty four Clerks representing the Diocesan Clergy in all One hundred Sixty six Persons Their Jurisdiction is to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein to proceed Juxta Legem Divinam Canones Ecclesiae and as they are called so they are often commanded by the King 's Writ to deal with nothing that concerns the King's Laws of the Land his Crown and Dignity c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent are binding upon themselves and all the Laity But before the above-mentioned Act a Dism◠granted by the Clergy in the Convocation did not bind the Clergy before the Royal Assent The first Day of their meeting the Upper House chuse a Bishop for their Prolocutor and the Lower House being required by the Higher chuse them a Speaker or Prolocutor whom by two Members they present to the Upper House One of them making a Speech in Latin and then the Elect Person makes another Speech in Latin and then the Archbishop Answers in Latin and in the Names of all the Lords approves the Person Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth In the Higher House all things are first proposed and then communicated to the Lower House The Major Vote in both Houses prevails Out of Parliament time they usually assemble about Nine of the Clock in the Morning And first the Junior Bishop says in Latin Prayers beginning with the Litany and Prayer for the King c. In the Lower House the Prolocutor says
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
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—
of each Inns of Court who sitting as the Benchers do in the Inns of Court at their Mootes they hear and Argue his Case In the Term time the only Exercise of Learning is Arguing and debating Cases after Dinner and Mooting after Supper as in the Vacation time The Keeping Christmass in the Inns of Court IF there be a sufficient number of Students to keep a Solemn Christmass then the Students before Christmass hold a Parliament and certain of them are appointed to be Officers in Imitation of the Kings Court as Comptroller of the Inner Temple so of the Middle Temple stiled Lieutennant of the Tower and Treasurer c. These bear Rule during the time of Christmass and are to behave themselves with that Port and Gravity as if they as perhaps they may afterwards were so in the Kings House At such time they have divers Divertisments as Feasting every day Singing Dancing Dicing which is allowed to all Comers and is so Excessive that the Butlers Box usually amounts to above 50 l. a Day and Night With which and a Small Contribution from each Student are the great Charges of the Christmass defrayed When their Treasure is great they sometimes create a Prince giving him such Title they think fit And he hath all Officers and a Court Suitable to a Great Prince and many of the Prime Nobility and Great Officers of State have been Entertained by him with Feasting Enterludes c. As was sometime done with Great Magnificence by Sir John Lort by the Title of Prince de la Grange From All Saints-day to Candlemass each House usually hath Revells on Holy days that is Musick and Dancing and for this is usually chosen some young Student to be Master of the Revels The Manner of holding Parliaments in the Inns of Court EVery Quarter the Benchers cause one of the Standing Officers of the House to Summon a Parliament which is an Assembly of the Benchers which are called the Sage Company in a place called the Parliament Chamber Where they treat of matters for good Ordering of the House Here are the Readers for Lent and Summer Vacation Elected The Treasurer chosen Auditors appointed To take the Accompts of the old Treasurer Offences committed by any of the Society Punished c. In the Four Inns of Court are about 800 Students The Serjeants Inns. THe Common Law Student when he hath been admitted of some Inn of Court where he is first called a Moote Man and after about Seven years Study an Utter Barrister and after Twelve years more and having performed his Exercises is chosen a Bencher and sometime after a Reader He then wears a long Robe different from other Barristers and is in Capacity to be made Serjeant when the King please to call him and when he is arrived to that Degree he hath his Diet and Lodging in one of those Two Inns called Serjeants Inn And these are called Servientes ad Legem Serjeants at Law and are as Doctors in the Civil Law Only Doctoris appellatio est Magisterij Servientis vero Ministerij And therefore Doctors of Law are allowed to Sit within the Bar in Chairs covered whilst Serjeants stand without the Bar bare Headed Only their Coifs or Caps on And The Call or Creation of Serjeants IS when the number of Serjeants is Small The Lord Chief Justice of the Common Pleas by the Advice and Consent of the other Judges makes choice of 6 or 8 more or less of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellor or Keeper who sends by the Kings Writ to each of them to appear on such a day before the King to Receive the State and Degree of a Serjeant at Law at the Time appointed They being habited in Robes of Two Colours viz. Brown and Blew come accompanied with the Students of the Inns of Court and attended by a Train of Servants and Retainers in certain Peculiar Cloth Liveries to Westminster-Hall there in Publick take a Solemn Oath and are Clothed with certain Robes and Coifs without which they may no more be seen in publick and making their Count at the Common Pleas Bar and causing Rings to be distributed amongst the Officers and Clerks of the Court they afterwards Feast the great Officers and Persons of the Kingdom in a Magnificent manner and give Gold Rings to the Princes of the Blood Archbishops Chancellor and Treasurer of Forty shillings value to Earls and Bishops Rings of Twenty Shillings value to other Officers Barons Prelates c. Rings of less value And out of these are chosen The Judges WHen any Judges are wanting The King by Advice of his Counsel makes choice of some of these Serjeants to supply his or their Places and Constitutes him if Chief Justice of the King's Bench by Writ But if others then he or they are Constituted by Letters Patents Sealed by the Chancellor who Sitting in the Middle of the rest of the Judges in open Court by a Set Speech Declares to the Serjeant or Serjeants there brought in the King's Pleasure and to the People the Kings Goodness in providing the Bench with such Able Honest Men and causeth the Letters Patent to be Read and being departed The Chief Justice placeth him on the Bench Junior to all the rest and having taken his Oath well and truly to serve the King and his People in the Office of Justice To take no Reward To do equal and Speedy Justice to all c. he Sits to the Execution of his Office And now being a Judge hath thereby great Honour and a Considerable Salary besides Perquisites for each one hath at least 1000 l. a year from the King and now besides his Serjeants Habit he hath a Cloak put over him and closed on his right Shoulder and instead of his Caputium lined with Lamskins it is now lined with Minever or De Minuto vario only the Two Lord Chief Justices and the Lord Chief Baron of the Exchequer have their Hoods Sleeves and Collars turn'd up with Trimme To these Two Serjeants Inns belong the Twelve Judges and about Twenty six Serjeants The Colledge of Civilians in London CAlled Doctors Commons being Purchased by Dr. Henry Harvy long since Dean of the Arches for the Professors of the Civil Law in this City where Commonly the Judge of the Arches The Judge of the Admiralty And the Judge of the Prerogative and divers other Eminent Civilians Presiding and having their Diet and Lodging there in a Collegiate Manner It was usually known by the name of Doctors Commons which being consumed in the late Dreadful Fire and now Rebuilt at the Charge of the said Doctors they now keep their Courts and Pleadings there every Term which begins and ends almost at the same time with that at Westminster Those that are allowed to be Advocates and plead in these Courts are all to be Doctors of the Civil Law in one of the Universities of England who upon their Petition to
the use of the Clergy in London and Liberties â—hereof and a part thereof for Twenty â—oor People for which he gave Three Thousand pounds and for the Mainâ—enance of the poor People 120 l. yearly for ever and 40 l. yearly for a Sermon in Latin at the beginning of â—very Quarter and a plentiful Dinner â—or all the Clergy that shall meet â—here There was a Spacious Library â—uilt by John Sympson Rector of St. Olaves Hartstreet and well furnished with Books The Chartreaux in London THis was heretofore a Convent of Carthusian Monks called in French Des Chartreaux It is called Sutton's Hâ—â—pital also and consists of A Master oâ— Governour A Chaplain A Master and Usher to Instruct 44 Scholars besideâ— 80 Decayed Gentlemen Souldiers anâ— Merchants who have all a plentifâ—â— Maintenance of Dyet Lodging Cloath and Physick c. The Scholars fit for the University have Twenty poundâ— yearly allowed them for Eight year after they come to the University 〈◊〉 and others fitter for Trades have a considerabl Sum of Money to bind them out Apprentices And they have all Officers expedient for such a Society as Physician Apothecary Steward Cooks Butlers c. who have all Competent Salaries This vast Revenue was the Gift of an ordinary Gentleman Mr. Thomas Sutton Born in Lincolnshire and was of such Account that by the King's Letters Patents Persons of the Highest Quality as the Archbishop of Canterbury Lord Chancelor Lord Treasurer and Thirteen others are Governours and Overseers thereof Schools in London ARe St. Paul's Founded An 1512. by John Collett Dr. of Divinity and â—ean of St. Paul's for 153 Children to â—e Taught gratis There being a Master Usher and Chaplain who have â—arge Stipends and the Master Wardens and Assistants of The Company of â—ercers in London have the oversight â—hereof And divers other Schools which are â—ndowed as Merchant-Taylors Mercers-Chappel c. which for brevity sake I â—mit The Arms of the City of London â—re Argent A Cross Gules with the Sword of St. Paul not the Dagger of William â—alworth as some have conceited â—or this Coat did belong to the City before Walworth slew Wat Tyler as â—earned Antiquaries affirm Southwark THis Burrough was granted by King Edward the Sixth by Lettâ—ers Patents to the Major Commonalâ—y and Citizens of London and is calâ—ed the Bridge-Ward without and Governed by One of the 26 Aldermen of London It hath nothing Remarkable but that it pays more in a Subsidy to the King and Musters more Men than any City in England except London The City of Westminster THE Ancient Stately Abby Church here was Founded by the Pious King Edward thâ— Confessor and richly Endowed afterwards Rebuilt by King Henry the Third with that rare Architecture now seen Wherein are most Magnificent Tombs and Monuments of our Kings Queens and Greatest Nobles To the East-end of which is added A Chappel by King Henry the Seventh which for curiouâ— Artificial Work without and within For a Monument of Massy Brass most curiously wrought is scarce to be parallel'd in the whole World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the First Christened King of the East Saxons who first Built St. Paul's Church in London Built here likewise this Church to St. Peter It taketh the name from this Monastery which Minster signifieth it being called Westminster in respect of the East Minister not far from the Tower of London This Monastery 30 Hen. 8. was Surrendred to the King who Erected thereof a Dean and Chapter Anno 33 Hen. 8. It was raised to a Bishopâ—ick and Tho. Thurlby made the first and last Bishop thereof Queen Eliz. Converted it into a Collegiate Church and therein placed a Dean Twelve seculiar Canons or Prebendaries Pety Canons and others of the Quire to the number of Thirty Ten Officers belonging to the Church as many Servants belonging to the Collegiate Diet Two School-Masters Forty Scholars Twelve Alms-men with plentiful Allowance for all besides Stewards Receivers Registers Collectors and other Officers The Principal whereof is the High Steward of Westminster who is usually one of the Prime Nobility The Dean is intrusted with the Regaâ—ia at the Coronation and Honoured with a place of necessary Service at â—ll Coronations and with a Commisâ—ion of the Peace within the City and Liberties of Westminster The Dean and Chapter invested with all Jurisdiction both Ecclesiastical and Civil not only within the City and Liberties of Westminster but within the Precincts of St. Martins le Grand and in some Towns in Essex Exempted in the one from the Jurisdiction of the Bishop of London And in the other from that of the Archbishop of Canterbury It hath a Royal Jurisdiction for Ecclesiastical Causes and Probate of Wills and a Commissary from whom is no Appeal but to the King in his Chancery Who thereupon Issueth out a Commission of Delegates under the Great Seal of England When the Convocation is Adjourned from St. Pauls for the conveniency of being nearer the Parliament to Westminster The Bishops first declare upon a Protestation made by the Dean there that they intend thereby not to violate that High Priviledge viz. That no Archbishop or Bishop may come there without leave of the Dean first obtained There is also a fair publick Library free for all Strangers to Study both Morning and Afternoon always in Term time Within this City are Twelve Wards Out of which are Elected One Burgess and One Assistant in every Ward and out of these Twelve Two are Elected yearly on the Thursday in Easter Week to be Chief Burgesses and so to continue for the year ensuing These Burgesses have Authority by Act 27 Eliz. To Hear Examine Determine and Punish according to the Laws of the Realm and lawful Customs of the City of London Matters of Incontinency Common Scolds Inmates and Common Annoyances and to commit such Persons as shall offend against the Peace and thereof give knowledge within Twenty four hours to some Justice of Peace within the County of Middlesex Next the Abbey Church stood the Palace Royal and usual Place of Residence of the Kings of England who ordinarily held their Parliaments and Courts of Judicature in their Dwelling Houses and many times sate themselves in the said Courts of Judicature as they do still in Parliament But after the Parliament was divided into two several Houses which was about 50 Ed. 3. The Commons assembled in the Chapter House of the Abbot of Westminster until 1 Ed. 6. which gave to the King Colledges Chauntries Free Chappels c. The King being thereby Possessed of the Ancient Beautiful Free Chappel of St. Stephen Founded by King Stephen which had Revenues of the old yearly value of 1085 l. It afterwards served for the House of Commons A great part of this Huge Palace was in the time of Hen. 8. destroyed by Fire what remained hath still been Employed for the use of the Parliament and Courts of Judicature The
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such
Jurisdiction of the Ordinary be saved as by 1 Eliz. in case of hearing Mass or 13 Eliz. for Usury or the like neither Clerk nor Layman shall be compelled to take Juramentum Calumniae because it may be an Evidence against him at the Common Law upon the Penal Statutes The Oath Juramentum Calumniae was warranted by Act of Parliament It is an High Contempt to Minister an Oath without Warrant of Law to be punished by Fine and Imprisonment A Christian may not induce an Infidel or Idolater to Swear by false Gods but may take his Credit by so Swearing to a good end Coke's 4 Inst 155. No Ecclesiastical Person shall tender the Oath Ex Officio or any Oath whereby the party shall be compelled to Accuse or Purge himself See Statutes Title Crown 162. The 2 Houses of parliament being either of them Courts may take voluntary Oaths Coke's 2 Inst. 536. The Lord Coke saith I wonder so little consideration is had of an Oath as I daily observe Cum jurare per Deum actus Religionis sit Quo Deus testis adhibetur tanquam is qui sit omnium rerum Maximus c. Coke's 4 Rep. 95. Slade's Case Jurare in propria causa est Saepenumero hoc Seculo praecipitium Diaboli ad destruendas miserorum animas ad infernum Coke's 4 Rep. 95. Slade's Case See before in Commissioners for Examination of Witnesses Page 203. To the King's Swanherd BY Stat. 1 Jac. 1.27 Every Person Convicted by his Confession or 2 Witnesses before 2 or more Justices of Peace To have killed or taken any Pheasant Partridge Pigeon Duck Heron Hare or other Game or to have taken or destroyed the Eggs of Pheasants Partridges or Swans shall by the said Justices be Committed to Prison without Bail unless he pay 20 s. to the use of the Poor for every Fowl Hare and Egg And after one Months Commitment to give Sureties in 20 l. each never to offend Vide Statutes for Preservation of the Game All White Swans not marked which have gained their Natural Liberty and are Swimming in an Open and Common River may be seized to the King's use by his Prerogative Because Volatilia Quae sunt ferae naturae alia sunt Regalia alia Communia And so Aquatilium alia sunt Regalia alia Communia And as a Swan is a Royal Fowl and all those the Property whereof is not known do belong to the King So Whales and Sturgeons are Royal Fishes and belong to the King But the Subject may have property in White Swans not marked as in his own private Waters And if they go out of those private Waters into Open and Common Rivers yet Eousque nostra intelliguntur quandin habuerunt animum revertendi The like are Cervi Pavones Columbae hujusmodi Resolved That every one who hath Swans within his Manor that is to say within his private Waters hath a property in them For a Writ of Trepass was brought of wroungful taking his Swans scilicet Quare Cygnos suos c. 2. One may prescribe to have a Game of Swans within his Manor as well as to have a Warren or a Park 3. He who hath such a Game of Swans may prescribe that his Swans may Swim within the Manor of another 4. A Swan may be an Estray and so cannot any other Fowl Coke's 7 Rep. 16. Case of Swans The Custom of the County of Bucks is for him who hath property of Swans in the Thames to have two Cygnets and Owner of the Land where the Swan buildeth shall have one Cygnet If one â—ave a Cock and tother a Hen the â—ygnets of them shall be equally divided between them None can have a Swan-mark called Cygni-nota but by Grant of the King or of his Officers thereto authorised or by Prescription and if a Man hath a Swan-mark and hath Swans swimming in an open River lawfully marked therewith they belong to him ratione Privilegii and he may grant such Swan-mark over But if he hath not Five Marks per Annum he forfeits his Swan-mark The King may grant Swans unmarked and by consequence a Man may prescribe to have Swans unmarked in such a place In some Creatures which are ferae Naturae a Man hath Jus Proprietatis and in others Jus Privilegii and there are three kinds of Property 1. Absolute 2. Qualified 3. Possessory Of all which you may read in Coke's 7 Rep. 16 to 18. Case of Swans By Stat. 22 Ed. 4.6 None but the King's Son shall have any Mark or Game of Swans of his own or to his use except he hath Lands and Tenements of Freehold worth Five Marks per Annum besides Reprizes in pain to have them seized by any having Lands of that Value to be divided between the King and the Seizor See before in The King's Swanherd Pag. 204. To the King's Aulnager NOte by Stat. 12 Ed. 3.3 No Clothes made beyond Sea shall be brought into the King's Dominions on pain to forfeit the same and to be further punished at the King 's Will. By Stat. 11 Ed. 3.5 Cloath workers of strange Lands which come into the King's Dominions shall have the King's Protection dwell where they please and have convenient Franchises granted unto them By Stat. 17 E. 3. Stat. 1.4 Cloaths shall not be forfeit for want of Measure but the Aulnager shall measure them and fix a Mark thereunto expressing what each Cloath contains By Stat. 3 R. 2.2 the Aulnager shall not feal a pieced Cloath in pain that the Owner shall forfeit the Cloath and the Aulnager his Office By Stat. 17 R. 2.2 No Cloath shall be sold before it be measured and sealed by the Aulnager upon the Pains contained in the Statutes thereof made By Stat. 4. H. 4.24 the Aulnage may be let to Farm by Improvement according to the Discretion of the Lord Treasurer and barons of the Exchequer notwithstanding the Statute of 17 R. 2. And much more of his Office and Duty and Measuring Regulating and making of Cloaths c. you may read in the many divers Statutes concerning the same Vid. the Statutes concerning Drapery See before in the King's Aulnager Page 205. To the Court of the Sessions of the Peace A Justice of Peace may make a Warrant to bring the Party before himself but if the Warrant be any Justice then the Constable may carry the Party before whom he will Coke's 5 Rep. 59. Foster's Case Where Stat. 8 H. 6. speaketh of Justices of Peace Justices of King's-Bench are within the Statute because they have the Sovereign and Supreme Authority in such Cases Stat. 5 H 4. Enacts That no Justice of Peace shall commit any to Prison but only in the Common Goal saving to Lords and others who have Goals their Franchises in such Case Therefore Justices of Peace offend in committing Felons c. to the Compters in London Coke's 9 Rep. 118 119. Lord Sanchar's Case A Justice of Peace upon the View of the Force may commit but he ought to
so suddenly overflow through the Rains falling from the Mountains that the Inhabitants are thereby surprized The whole Island is divided into Four Cantons or Quarters Two whereof are possessed by the English and Two by the French but so separated that People cannot go from one Quarter to the other without passing over the Lands of one of the two Nations The English have more little Rivers in their Division The French more of the Plain Country fit for Tillage The English exceed the French in Number but the French have Four Forts and the English only Two and to prevent Differences between the Two Nations each of them have a Guard upon the Frontiers of their Division which is renewed every Day Barbadoes IS the most Considerable Island the English have amongst the Caribees and lies in 13 Degrees and 20 Minutes on this side the Aequator and tho' not above 24 Miles long and 15 broad yet was many years ago accounted to have above 20000 Inhabitants besides Negro Slaves who are thought a far greater Number In the Reign of King James the First a Ship of Sir William Curteens returning from Fernambuck in Brasile being driven by foul Weather upon this Coast chanced to fall upon this Island and Anchoring before it staid sometime to inform themselves of the Nature thereof which was so exceedingly overgrown with Woods that they could find no Champain or Savana's for Men to Live in nor any Beasts but a multitude of Swine which the Portugals put ashoar long before for Breed if they should at any time be cast on that Shoar in foul Weather and the Fruits and Roots that grew there afforded so great plenty of Food as they multiplyed abundantly so that the Natives of the other Islands use to come hither to Hunt This Discovery being made and Advice given to their Friends in England other Ships were sent and having cut down the Woods and clear'd the Ground they planted Potatoes Plantain and Maize which with the Hogs-flesh they found serv'd to keep Life and Soul together and their Supplies from England coming slow and uncertain they were oft driven to great Extremity But in the Year 1627. when they had more Hands and having Tobacco Indico Cotton Wool and Fustick Wood to Trade with some Ships were Invited with hope of Gain to Visit them bringing for Exchange such things as they wanted as Working Tools of Iron and Steel Cloths Shirts Drawers Hose Shoes Hats and more Planters so that in a short time they grew very Considerable especially when their Sugar-Canes were grown and they had Learned the Art of making Sugar The Inhabitants which consist of English Scotch Irish with some few Dutch French and Jews were Calculated lately to be above 50000 and the Negroes about 100000. So that they can in a short time Arm 10000 Fighting Men which with the Natural Advantage of the Place is able to Defy the most potent Enemy as the Spaniards have found to their Cost having in vain Assaulted it several times It hath only one River or rather a Lake which runs not far into the Land yet the Country lying low and level they have divers Ponds and are supply'd with Rain-water by making Cisterns in their Houses The Air is very hot for 8 Months and would be more insupportable were it not for the cool Breezes which rise with the Sun and blow still fresher as that grows higher but always from the North-east except in the Turnado and then it chops about to the South and hour or two and after returns as before The other 4 Months are not so hot but like the Air of England about the middle of May and tho' they Sweat find not such Faintnesâ— as in England in August neither are they Thirsty unless over heated with Labour or strong Drink their Bread is made of the Root of a small Tree or Shrub which they call Cassavy and account it wholsom and nourishing The Chief Towns in this Isle are St. Michael's formerly called Bridge Town Little Bristol St. James and Charles Town with other Parishes of less Note and several Bayes on the Sea-Coasts The Government is by Laws agreeable to those in England for which they have Courts of Judicature Justices of Peace Constables Churchwardens and the like The Island is very strong as well by Nature as Art It is divided into 11 Precincts wherein are 14 Churches or Chapels the whole so filled with Houses that it may almost seem one Great Town Jamaica SCituate in 17 or 18 Degrees of Northern Latitude it 's shape somewhat Oval being about 170 Miles long and about 70 broad in the midst whereof runs a continued Ridge of Mountains so that some have compared the Island to a Saddle From hence flow divers fresh Springs which cause many Rivers to the great Refreshment of the Inhabitants The Island is divided into 14 Precincts or Parishes Named Port Royal St. Catherines St. Johns St. Andrews St Davids St. Thomas and Clarendon c. many whereof are well Inhabited by the English that have there very good Plantations whose Number is not certainly known but according to Survey taken and returned into England some years since there were about 1700 Families and more than 15000 Inhabitants in the fore-named 14 Precincts and in the Four Parishes on the North-side of the Isle that is St. Georges St. Maries St. Anne and St. James above 2000 more all which are now extreamly increased even to Double if not Treble that Number The great Encouragement of gaining Wealth and a pleasant Life inviting abundance of People to Transplant themselves from Barbadoes and other English Plantations every year so that in a small time it is like to be the most Potent and Rich Plantation in all America And besides the afore-mentioned Number of Inhabitants there are reckoned to belong to Jamaica of Privateers or Buccaneers Sloop and Boat-men which Ply about the Isle at least Thirty Thousand stout Fighting Men whose Courage is sufficiently discovered in their daily Attempts upon the Spaniards in Panama and other places which for the Hazard Conduct and Daringness of their Exploits have by some been compared to the Actions of Caesar and Alexander the Great The Laws of this Island are as like those of England as the difference of Countries will admit They having their several Courts and Magistrates and Officers for Executing Justice on Offenders and Hearing and Determining all Civil Causes between Man and Man ADDENDA OR A SUPPLEMENT OF Things omitteed in the Impression of the Book To be Added To The Respective COURTS in the PLACES after-mentioned WITH REFERRENCES To the same COURTS In the Book before contained By the Author Anno Domini 1699. ADDENDA OR A SUPPLEMENT Of Things omitted in the Impression In the High Court of Parliament THE manner of Debates or passing of Bills into Acts is thus It is the Practice of each House to debate not only of what the King hath proposed but of any other Lay-matters unless their Sovereign shall