ARCHEION
,
OR
,
The
High
Courts
of
Iustice
in
England
.
Contention
hath
beene
from
the
beginning
.
AS
there
is
no
doubt
,
but
that
continually
,
even
from
the
first
propagation
of
Mankinde
upon
the
Face
of
the
Earth
,
there
hath
been
before
●he
Floud
,
Cain
,
Cainists
,
and
proud
Gyants
;
and
after
the
Floud
;
Cham
,
Nimrod
,
Esau
,
and
such
others
,
mightie
hunters
,
and
injurious
oppressors
of
the
servants
of
God
:
So
it
is
not
to
be
thought
,
but
from
time
to
time
,
even
sithence
also
God
hath
of
his
fatherly
care
and
mercifull
providence
,
alwayes
stirred
up
some
of
his
owne
,
whom
hee
hath
endowed
,
and
armed
with
sufficient
Wisdome
,
Authoritie
,
and
Power
,
not
onely
to
preserve
his
little
ones
from
the
greedie
jawes
of
such
ravenous
persecutors
;
but
also
after
some
sort
to
resist
their
furie
,
and
to
chastise
them
for
their
excesse
and
outrage
.
And
hereof
it
was
,
that
whilest
all
the
world
consisted
of
a
few
Householders
,
the
Elder
(
or
Father
of
the
Family
)
exercised
authoritie
over
his
Meyney
,
and
did
distribute
Reward
and
Paine
amongst
them
after
his
owne
discretion
,
according
as
the
old
Poet
saith
,
Iura
dant
singuli
natis
&
uxoribus
.
The
beginning
of
Kingdomes
.
BVt
after
such
time
as
by
Multiplication
of
Families
and
Hamlets
,
naturall
Love
was
somewhat
more
cooled
,
as
being
derived
,
and
drawne
further
from
the
Fountain
:
And
after
such
time
also
,
as
greedinesse
of
enjoying
the
fat
of
the
Land
had
moved
debate
and
dissention
,
sometimes
from
the
Limits
of
grounds
(
whereof
the
word
Lis
tooke
the
name
)
sometime
for
the
use
of
a
River
or
Water
that
ran
betweene
the
possessions
of
two
men
,
(
whereof
also
such
Contenders
were
called
Rivales
)
and
sometimes
for
some
other
causes
;
but
yet
so
,
that
alwayes
the
mightier
,
and
more
mischievous
,
did
(
as
Bulls
in
the
Heard
)
gore
and
grieve
the
weaker
and
better
sort
.
Then
fled
men
(
as
Cicero
conjectureth
)
to
some
one
among
them
,
excelling
others
in
Vertue
,
and
submitted
themselves
unto
him
,
praying
that
hee
would
by
equity
save
them
from
injury
,
and
maintaine
both
the
mightiest
and
the
meanest
in
one
indifferencie
of
right
and
justice
.
And
truly
,
so
long
as
they
found
this
at
his
hand
,
they
tooke
for
Law
whatsoever
hee
pronounced
,
and
they
obeyed
(
as
an
Oracle
)
whatsoever
was
commanded
by
him
.
The
beginning
of
Lawes
.
BVt
when
as
(
at
the
length
)
hee
also
either
did
convert
to
his
singular
gaine
,
that
Authority
which
was
given
unto
him
for
the
common
benefit
of
others
,
or
else
dealt
not
a
like
measure
unto
all
;
but
abandoning
Iustice
,
made
Lust
his
Iudge
,
and
Might
his
Minister
;
then
forthwith
alteration
of
the
former
estate
followed
,
and
then
were
lawes
and
rules
of
Iustice
devised
,
within
the
which
(
as
within
certaine
Limits
)
the
power
of
Governors
should
from
henceforth
be
bounded
,
Iura
inventa
metu
iniusti
,
fatea●e
necesse
est
,
Horat
.
and
which
should
have
but
one
tongue
and
voyce
,
wherewith
to
speake
to
all
sorts
of
Suiters
.
The
beginning
of
Courts
of
Iustice
.
AGaine
,
after
all
this
also
,
when
not
only
the
multitude
of
men
was
growne
infinite
;
but
wickednesse
also
was
much
increased
with
the
time
:
and
consequently
contentions
waxed
so
many
in
number
,
and
manifold
in
matter
,
as
neither
any
one
person
was
found
able
to
determine
the
Suits
,
nor
any
one
place
sufficed
to
containe
the
Suitors
:
Then
accordingly
(
as
Iethro
advised
Moses
)
the
Iurisdiction
(
or
chardge
of
administring
Iustice
)
was
first
broken
into
parts
,
the
hearing
of
causes
was
divided
amongst
many
persons
,
and
sundry
places
were
appointed
to
that
speciall
end
,
and
service
.
Whereof
it
came
to
passe
,
that
the
Israelites
(
which
were
the
first
people
of
the
world
,
to
whom
any
written
Law
was
given
)
did
pronounce
their
Iudgements
in
the
Gates
of
every
Citie
,
to
the
end
,
that
both
all
men
might
behold
the
indifferencie
of
their
proceedings
,
and
that
no
man
should
need
to
goe
out
of
his
way
to
seeke
Iustice
.
The
old
Romans
first
within
their
Temples
,
of
purpose
to
shew
that
Iudgement
was
a
Divine
thing
;
then
afterward
in
Curia
&
Foro
.
The
Athenians
also
,
and
their
Temple
called
(
by
reason
of
a
speciall
judgement
)
Areopagus
,
and
in
the
places
called
Palladium
and
Pritaneum
:
And
albeit
that
the
Gauls
(
our
Neighbours
,
that
bee
now
called
Frenchmen
)
did
hold
their
Assemblies
for
Iustice
only
at
Carnute
or
Chartres
,
a
place
so
situate
in
the
middest
of
their
Countrie
,
that
all
the
people
might
have
indifferent
resort
thereunto
:
After
which
order
also
the
Britans
of
this
Iland
did
make
their
like
meetings
as
it
might
be
well
gathered
out
of
Caesars
Commentaries
,
where
he
plainly
writeth
,
that
those
Druydes
(
which
then
were
the
Iudges
amongst
the
Gauls
)
had
fetched
that
their
manner
of
Discipline
out
of
Britaine
,
where
wee
now
dwell
:
Yet
neverthelesse
,
the
Saxons
,
our
Ancestors
,
(
which
succeeded
them
in
this
Countrie
)
they
(
I
say
)
retained
the
manner
of
the
old
Germans
,
their
owne
Elders
,
who
(
as
Tacitus
writeth
)
Iura
per
pagos
vicosque
reddebant
;
and
they
made
distribution
of
Iustice
,
not
onely
in
one
Towne
,
or
in
the
Princes
Palace
,
but
also
at
sundry
other
speciall
places
within
the
Countrie
.
And
truly
,
the
Normans
(
that
invaded
the
posteritie
of
the
same
Saxons
here
)
did
not
so
much
alter
the
substance
,
as
the
name
of
the
Saxons
order
,
which
they
found
at
their
comming
hither
.
Of
Courts
.
For
(
in
effect
)
they
did
but
change
the
word
Gemot
,
which
in
the
Saxon
tongue
signified
an
Assembly
(
or
Meeting
)
into
the
French
word
Court
,
or
Cour
;
(
for
so
it
is
also
found
written
)
being
a
terme
of
the
selfe-same
force
and
signification
.
What
a
Court
signifieth
.
THis
Court
,
or
Cour
,
therefore
is
derived
of
the
Latine
Curia
;
which
also
is
fetched
from
Cura
,
(
as
Valla
writeth
)
whereby
it
is
notified
,
that
heed
and
care
ought
to
be
taken
in
the
deciding
of
Contro●ersies
.
It
signifieth
properly
both
the
●ssembly
of
men
for
the
hearing
of
●auses
in
variance
,
and
the
place
●●so
where
the
Assembly
is
made
:
●ccording
to
the
first
of
which
significations
,
the
Saxons
(
as
I
said
)
called
it
Which
signifieth
a
meeting
(
ad
exercitationes
Legis
congressus
)
from
whence
we
have
the
word
Mootes
.
Gemot
,
a
meeting
,
of
Ge●ettan
,
to
meet
:
and
agreeable
to
the
●●cond
,
the
Kings
house
was
first
called
a
Court
,
because
the
chiefe
Court
of
Iustice
was
holden
there
.
The
Division
of
Courts
.
BVt
now
of
Courts
,
some
may
be
called
Ecclesiasticall
,
some
,
Lay
;
and
othersome
,
mixed
,
(
that
is
to
say
)
both
Ecclesiasticall
and
Lay
.
Ecclesiasticall
Courts
,
what
they
be
.
ECclesiasticall
Courts
be
many
in
number
,
and
divers
in
nature
;
whereof
the
greatest
,
is
the
Convocation
of
all
the
Archbishops
,
Bishops
,
and
whole
Clergy
of
both
the
Provinces
of
Canterburie
and
Yorke
;
the
which
is
alwayes
summoned
by
the
Kings
Writ
,
13.
Eliz
.
cap
.
12.
24.
H.
8.
cap
.
12.
and
which
can
doe
nothing
without
the
Royall
assent
first
had
and
obtained
.
And
so
the
spirituall
Prelats
of
the
upper
House
being
assembled
by
the
Queenes
Writ
in
the
Convocation
might
after
appeale
made
unto
them
determine
of
matter
touching
the
Queene
.
The
next
to
those
,
be
the
two
Provinciall
Synodes
of
Canterburie
and
Yorke
:
to
the
latter
of
the
which
,
there
are
onely
three
Bishoprickes
subject
;
that
is
to
say
,
Durham
,
Carlile
,
and
Chester
:
all
the
residue
owing
their
obedience
to
the
Sea
of
Canterburie
.
Then
follow
the
Court
of
the
High
Commissioners
,
in
Causes
of
Religion
and
the
Court
of
Delegates
;
to
the
which
there
lyeth
Appeale
,
from
sen●●nce
given
in
the
Arches
.
After
these
,
be
the
generall
Courts
〈◇〉
the
Archbishop
of
Canterburie
;
●●at
is
to
say
,
the
Consistorie
,
(
or
Court
o●
Arches
)
as
well
for
Appellations
,
as
for
matters
of
the
first
instance
.
The
Court
of
Audience
,
(
or
the
Chancelors
Court
)
which
was
wont
to
bee
holden
in
the
Archbishops
House
.
The
Commissaries
(
or
the
Prerogative
)
Court
,
for
Probats
of
Testaments
;
and
the
Court
of
Faculties
,
for
Dispensations
:
if
at
the
least
,
that
may
be
called
a
Court
,
which
holdeth
no
Plea
of
controversie
.
Lastly
,
the
speciall
Courts
of
this
Archbishop
,
namely
,
the
Confistorie
,
holden
by
his
Commissarie
at
Canterbury
,
for
his
owne
Diocesse
;
his
Archdeacons
Court
,
and
the
Court
of
●hose
peculiar
Deaneries
,
which
doe
belong
to
him
,
and
doe
lye
in
th●
Diocesse
of
other
Bishops
.
The
other
Archbishop
(
and
eac●
other
Bishop
also
)
hath
in
his
Diocesse
the
Court
of
his
Chancelor
,
an●
the
Court
of
his
Archdeacon
,
or
Off●ciall
.
But
for
as
much
as
the
description
of
these
Ecclesiasticall
Courts
pertaineth
to
another
Learning
,
meane
to
the
Civill
and
Canon
Lawe●
(
by
which
they
be
governed
;
)
an●
for
that
they
doe
not
peculiarly
(
a●
the
rest
)
belong
to
our
Nation
,
an●
may
withall
require
a
severall
Treatise
by
themselves
;
I
will
at
thi●
time
content
my selfe
with
thi●
bare
enumeration
of
them
,
as
bending
my
labour
chiefely
to
the
discoverie
of
the
Lay
or
Temporal
Courts
that
had
,
or
now
have
plac●
amongst
us
.
Lay
Courts
of
two
sorts
in
ancient
time
.
LAy
Courts
were
at
first
of
two
sorts
onely
,
Base
and
High
:
Concerning
the
beginning
whereof
,
I
●ead
,
that
even
as
Moses
(
the
speciall
Minister
of
Iustice
appointed
by
God
,
finding
himselfe
unable
to
●●staine
the
burthen
of
deciding
all
●ontroversies
of
the
people
)
did
set
●●dges
over
Tribes
,
Hundreths
,
Fifties
,
●nd
Tenths
of
the
multitude
;
to
●hom
he
referred
the
determination
of
smaller
causes
;
reserving
to
himselfe
the
knowledge
of
matters
that
were
of
greater
importance
.
The
first
division
of
this
Realme
,
for
Iurisdiction
.
SO
also
the
Saxon
,
(
but
Christian
King
of
England
)
Alfred
,
divided
this
whole
Realme
first
into
Shires
,
then
those
Shires
into
Lathes
,
Rapes
,
or
Ridings
,
and
those
againe
into
Wapentakes
,
Ingulf
.
Croyland
,
12.
H.
7
●7
.
b
.
Fineux
or
Hundreds
;
and
lastly
those
also
into
Leets
,
Boroughs
,
o●
Tythings
:
and
did
withall
establish
Iurisdiction
in
every
of
these
,
permitting
to
the
Reeves
(
or
Iudges
of
the
lower
Roomes
)
Authoritie
of
hearing
smaller
Suits
,
granting
greater
power
to
the
Sheriffe
,
and
Aldermen
,
which
had
charge
of
greater
Assemblies
,
and
retayning
to
himself
the
decision
of
such
matters
,
as
by
just
cause
of
Appellation
,
either
for
Law
,
or
Equitie
,
should
be
brought
unto
him
.
Shire-Mote
,
or
Shire-Court
.
The
Court
of
the
whole
Shire
was
of
two
sorts
:
whereof
the
first
then
called
Scyregemote
,
that
is
,
the
Assemblie
of
the
Shire
(
and
now
termed
the
Sheriffes-turne
)
was
then
(
as
now
also
)
holden
twice
a
yeare
.
And
this
Court
was
of
like
Iurisdiction
to
the
Court
of
the
Leet
,
or
of
●he
Burroughs
or
Tythings
,
as
it
was
●hen
called
.
The
second
and
the
Hundred
●ourt
,
then
named
Hundresmote
,
Hundred
Court
.
was
●n
those
dayes
appointed
to
bee
●olden
once
in
a
month
at
the
least
,
●nd
that
was
of
like
nature
to
the
Countie-Court
,
(
which
is
now
kept
●nce
every
moneth
also
:
)
And
to
the
Court
Baron
,
anciently
called
●eal-gemot
,
and
corruptly
Haylemot
,
Court
Baron
.
that
is
,
(
as
I
said
)
the
Court
of
the
Hall
,
Mannor
,
or
chiefe
place
which
〈◇〉
now
at
this
day
to
bee
kept
,
and
maintained
once
in
three
weekes
,
if
the
Lord
will
so
have
,
and
use
it
.
I
read
further
in
the
Lawes
of
the
●axon
King
Edgar
thus
,
Sax
.
Lawes
,
Cap.
2.
f
.
79.
Negesecenam
●an
won
Cyng
rot
&c.
Let
no
man
●eeke
to
the
King
in
matter
of
●ariance
,
unlesse
he
cannot
find
●…
ght
at
home
:
but
if
that
right
●…
e
too
heavie
for
him
,
then
let
him
seeke
to
the
King
,
to
have
〈◇〉
lightned
.
The
very
like
whereof
,
in
effect
is
to
be
seene
in
the
Lawes
of
Canutus
the
Dane
,
sometime
King
of
thi●
Realme
also
:
Out
of
which
Law
,
gather
foure
things
.
1
First
,
That
every
man
ha●
meanes
to
sue
in
those
base
Courts
at
home
in
the
Countrey
,
for
the
recoverie
of
his
right
.
2.
Then
,
that
no
man
ought
to
sue
out
of
the
Countrey
,
or
to
draw
his
Plea
from
thence
,
without
good
cause
;
both
which
things
doe
lye
plainely
in
the
Letter
of
this
Law
.
3.
Thirdly
,
that
the
King
himselfe
had
a
High
Court
of
Iustice
,
wherein
,
it
seemeth
,
that
he
sate
in
person
:
For
the
words
be
,
Let
him
not
seeke
to
the
King
.
4.
And
lastly
,
that
the
same
Court
of
the
King
did
judge
not
onely
according
to
meere
Right
,
and
●aw
,
but
also
after
Equitie
and
good
●onscience
.
For
first
the
words
be
,
(
Vnlesse
he
●●nnot
finde
right
at
home
:
)
by
which
〈◇〉
is
permitted
,
that
then
hee
might
●●e
to
the
King
for
right
.
Againe
,
●he
words
stand
thus
;
If
that
Right
〈◇〉
too
heavie
,
then
let
him
seeke
to
the
King
,
&c.
whereby
it
is
meant
,
that
●ee
should
have
the
rigour
of
the
●aw
mitigated
by
the
conscience
of
●he
Prince
.
And
after
this
order
,
●nd
in
those
two
sorts
of
Courts
was
●ll
Iustice
administred
,
untill
the
time
of
King
William
the
Conque●●ur
:
During
whose
Reigne
(
as
●●so
under
the
Government
of
●ing
Rufus
,
his
Sonne
)
it
is
to
be
●hought
,
that
the
ordinarie
course
●f
Iustice
was
greatly
disturbed
,
●s
well
by
reason
of
the
intestine
●nd
forraine
Warres
,
as
also
be●ause
that
these
two
Princes
go●erned
by
a
meere
and
absolute
power
,
as
in
a
Realme
obtained
by
Conquest
.
But
yet
it
was
so
farre
off
,
that
any
of
them
did
utterly
abolish
these
Courts
,
that
the
same
did
not
only
remaine
during
all
their
times
(
howsoever
put
to
silence
for
a
season
;
)
but
also
had
continuance
afterwards
,
and
doe
yet
(
as
they
may
)
beare
life
amongst
us
.
For
(
as
I
said
)
those
base
Courts
of
the
Shires
,
Hundreds
,
Burroughes
,
and
Mannors
,
doe
yet
remaine
(
in
a
manner
)
the
same
in
substance
that
they
then
were
.
And
that
the
Pleas
ought
no
more
to
be
taken
from
them
now
in
our
dayes
(
without
cause
)
than
they
ought
then
to
have
beene
,
may
evidently
be
proved
by
the
Writs
of
Folt
Pone
,
Accedas
ad
Curiam
,
and
Recordare
,
which
wee
now
yet
use
;
and
that
to
this
onely
end
,
to
remove
Suits
(
upon
cause
)
out
of
one
Court
into
another
.
The
Kings
Bench
.
THe
like
I
may
also
affirme
of
that
High
Court
,
The
High
Court
of
Justice
before
the
Conquest
for
Law
and
Equity
.
which
then
fol●owed
the
King
himselfe
;
and
is
thereof
,
till
this
day
,
called
the
Bench
of
the
King
.
For
albeit
that
many
peculiar
High
Courts
be
now
,
sithence
that
time
,
advanced
,
by
reason
that
the
multitude
of
Suits
still
●ncreasing
with
the
iniquitie
and
●ge
of
the
World
,
would
not
suffer
them
all
to
be
ordered
in
one
place
,
without
both
intollerable
delay
of
matters
,
and
great
vexation
of
men
:
Yet
neverthelesse
,
if
you
will
throughly
behold
the
matter
and
subject
about
which
all
these
Courts
are
now
occupied
,
you
shal
perceive
,
that
they
are
but
,
as
it
were
,
so
many
branches
sprung
out
of
that
one
Tree
,
or
streames
derived
from
the
same
Spring
and
Fountaine
.
Pye
Powders
,
of
Pyes
feet
,
and
Powlders
dustie
,
because
it
is
for
Travellers
to
the
Faire
.
For
letting
passe
those
Courts
of
the
Countrie
,
which
I
have
already
touched
;
and
also
those
other
smal
Courts
of
Record
,
that
be
in
Cities
and
Townes
corporate
;
yea
,
and
the
Pye-Powders
Court
it selfe
,
that
lasteth
no
longer
than
the
Faire
;
I
say
,
that
all
our
Higher
Courts
at
this
day
,
be
either
Courts
of
Rights
and
Law
,
or
else
of
Equitie
and
Conscience
,
as
they
then
were
;
although
they
now
require
another
subdivision
than
they
then
had
,
and
that
if
you
will
,
may
be
this
.
The
Division
of
meere
Lay
Courts
at
this
day
.
THe
Courts
of
Law
doe
either
hold
civill
,
or
criminall
Causes
(
more
anciently
tearmed
Common
Pleas
,
and
Pleas
of
the
Crowne
)
and
these
civill
Causes
be
either
moved
betweene
the
Prince
himselfe
,
and
his
Tenants
and
Subjects
;
or
else
be●weene
Subjects
themselves
;
and
that
either
of
our
own
Realme
only
,
●r
of
it
,
and
another
Realme
.
Those
Courts
of
Law
that
hold
Plea
of
common
,
or
civill
matters
growing
betweene
the
King
,
or
the
Prince
,
and
his
Subjects
,
be
these
:
The
Exchequer
,
devised
for
the
safe
●ustodie
of
the
Crowne-lands
,
and
for
●he
faithfull
answering
of
the
Re●enues
of
the
same
.
The
Court
of
Wards
and
Liveries
,
the
Court
of
●he
Dutchy
of
Lancaster
,
and
the
Chancery
Court
,
at
the
least
so
farre
forth
as
the
same
hath
to
doe
with
Petitions
,
Travers
juram
.
de
droit
,
and
such
like
causes
.
Those
other
Courts
of
Law
,
that
have
Iurisdiction
of
civill
or
common
Pleas
,
arising
betweene
our
owne
Subjects
,
be
these
:
The
Common
Pleas
,
or
Bench
;
the
Marshalsey
,
for
matters
within
the
Verge
,
or
limits
assigned
to
the
Kings
House
,
or
Palace
.
The
Admiralty
Court
for
marine
causes
,
and
the
Kings
Bench
,
so
farre
forth
as
it
doth
retaine
jurisdiction
in
matters
of
Debt
,
Assumption
,
Actions
upon
the
case
,
and
such
other
things
more
properly
tryable
in
the
Common
place
,
than
here
;
and
these
be
the
Courts
of
meere
Law
,
that
have
ordinary
resort
and
limited
Iurisdiction
.
The
Courts
of
absolute
conscience
for
civill
Causes
,
be
these
:
The
Chancerie
open
to
all
men
:
The
Court
of
Requests
,
that
specially
heareth
the
Suits
of
poore
men
,
and
of
the
Princes
servants
.
The
Chancellors
Court
within
the
Exchequer
,
and
the
two
Councells
establisht
the
one
in
Wales
,
the
other
in
the
North-countrey
,
both
consisting
of
President
and
Counsell
,
like
unto
those
which
in
France
are
commonly
called
Parliaments
.
Criminall
Causes
belong
yet
still
either
generally
to
the
Kings
Bench
;
or
specially
to
the
Court
of
Star-chamber
;
or
else
particularly
to
the
Constables
Court
,
to
the
Marshalsey
,
Admiraltie
,
Gaol-deliverie
,
Oyer
and
Terminer
,
and
Sessions
of
Peace
for
our
owne
Subjects
,
or
to
the
Wardens
Courts
in
the
Marches
,
for
causes
of
that
kind
between
us
and
the
Scots
.
But
now
,
to
the
end
that
it
may
the
more
evidently
appear
,
how
,
The
order
of
this
discourse
of
Lay
Courts
.
and
by
what
degrees
of
encrease
these
many
Courts
have
sprung
out
of
that
one
,
it
is
requisit
that
I
proceed
in
the
History
of
King
William
the
Conqueror
,
where
I
left
,
and
descend
from
him
downward
,
untill
I
have
set
them
all
on
foot
,
some
in
the
order
which
I
have
laid
,
and
some
Historically
,
as
the
time
it selfe
begat
them
.
The
Court
of
Exchequer
.
IT
is
confessed
by
all
Writers
,
that
the
Conquerour
(
after
such
time
as
he
had
suppressed
the
forces
of
those
that
made
head
against
him
here
)
did
immediately
cause
the
whole
Realme
to
be
exactly
surveyed
by
Shires
and
Hundreds
severally
;
as
well
for
the
understanding
of
Woods
,
Pastures
,
Meadowes
,
and
Tillages
thereof
,
as
also
for
the
profit
of
Churches
,
Mills
,
Villains
,
and
of
all
other
commodities
whatsoever
.
The
Record
of
which
Survey
was
then
called
Doomes-day
Book
,
and
was
appointed
to
be
kept
in
the
Exchequer
at
Westminster
;
where
it
now
resteth
.
And
that
Court
also
did
he
then
newly
erect
for
the
order
of
his
Revenues
,
after
the
name
of
his
Exchequer
in
Normandie
,
though
in
the
manner
thereof
it
differed
not
a
lit●●●
from
it
:
For
the
Exchequer
of
●●rmandie
had
not
onely
the
go●●●nment
of
the
Revenues
of
the
●●ke
there
,
but
was
also
the
Sove●●●gne
Court
for
administration
of
●●stice
among
his
subjects
;
and
so
continued
,
untill
that
Lewis
the
twelfth
,
King
of
France
,
in
the
yeare
after
Christ
,
1499.
converted
it
into
a
Court
of
Parliament
,
consisting
of
President
and
Counsellors
,
and
es●●blished
it
at
Roan
in
Normandie
,
where
it
now
remaineth
.
But
this
his
Exchequer
in
England
had
onely
the
direction
of
his
Demesnes
and
Receipts
;
the
administration
of
common
Iustice
continuing
still
in
that
other
High
Court
of
〈◇〉
,
as
it
was
before
his
comming
h●●her
.
For
proofe
of
which
matter
,
I
c●ll
to
witnesse
Gervasius
Tilburiensis
,
●earned
man
,
that
lived
so
neere
to
the
time
of
the
Conquest
,
that
he
co●fessed
that
he
had
conference
wi●●
Henry
the
Bishop
of
Wincheste●
which
was
sonne
to
the
Conquer●●
owne
Sister
.
This
man
was
an
Officer
of
th●
Exchequer
here
,
and
penned
speci●●
Dialogues
of
the
Observations
of
th●
Exchequer
,
which
hee
dedicated
〈◇〉
King
Henry
the
second
,
and
be
〈◇〉
remaining
in
the
Receipt
,
under
〈◇〉
custodie
of
the
Chamberlaines
of
th●
Exchequer
,
in
the
Blacke
booke
the●
In
the
first
part
of
which
his
Di●logues
,
and
the
first
Chapter
,
hee
writeth
(
for
the
antiquitie
of
the
E●chequer
)
that
it
was
brought
out
〈◇〉
Normandie
by
the
Conquerour
;
an●
for
the
authoritie
of
that
Court
,
〈◇〉
hath
(
amongst
other
words
)
the●
following
:
Nulli
licet
Statuta
Sc●carii
infringere
,
vel
eis
quavis
teme●tate
resistere
;
habet
enim
hoc
comni●
cum
ipsa
Domini
Regis
Curia
,
in
q●●
ip●e
in
propria
persona
Iura
decernit
,
●●od
nec
Recordationi
nec
Sententiae
〈◇〉
eo
latae
liceat
alicui
contradicere
.
Whereby
it
is
plainely
proved
,
that
the
Court
of
the
Exchequer
was
at
●●at
time
a
distinct
Court
from
that
Court
of
the
King
;
in
the
which
he
himselfe
sometimes
,
and
commonly
his
Iustice
(
called
then
Prima
Iustitia
)
did
use
to
sit
:
The
one
Court
having
authoritie
over
the
Kings
Demeasnes
and
Receipts
,
as
●ervasius
(
in
all
that
Worke
)
at
●●rge
discourseth
;
and
the
other
●sing
the
power
of
distributing
common
Iustice
,
as
his
words
in
this
place
,
doe
sufficiently
pur●ort
.
And
therefore
I
cannot
but
(
here
●y
the
way
)
note
the
error
of
them
which
doe
maintaine
,
Commentar
.
f
.
208.
Sand
.
that
the
Ex●hequer
was
(
in
this
time
of
King
Henry
the
second
)
a
Court
of
whatsoever
Common
Pleas
for
all
subjects
whatsoever
,
and
which
(
for
proo●
of
their
Assertion
)
doe
alledge
th●
Title
of
Master
Glanviles
Booke
i●
part
thus
:
Et
illas
solum
Leges
cu●
tinet
,
&
consuetudines
,
secundum
qu●
Placitatur
in
Curia
Regis
ad
Scac●●rium
.
For
overthrow
whereof
,
first
〈◇〉
say
,
that
the
words
of
the
Title
be
not
the
words
of
Glanvile
himselfe
but
of
that
man
(
whatsoever
he
were
)
that
published
his
Book
i●
Print
;
for
hee
intituleth
his
Book
thus
:
Tractatus
de
legibus
de
tempore
Regi●
Henrici
secundi
,
compositus
illustri
vi●●
Ranulpho
de
Glanvillo
juris
regni
,
&
antiquarum
consuetudinum
eo
tempore
peritissimo
:
which
doth
plainly
bewray
that
he
spake
of
Glanvile
as
of
another
man
,
and
which
also
lived
not
then
,
but
at
another
time
.
Secondly
,
I
affirme
,
that
if
it
were
the
speech
of
Glanvile
himself●
yet
if
you
will
take
the
rest
of
his
●ords
with
you
,
you
shall
see
that
●●ey
have
another
meaning
:
for
the
●ords
stand
together
,
Secundum
quas
●●citatur
in
Curia
Regis
ad
Scaccari●●
,
&
coram
Iustitiis
ubicunque
fue●●●t
:
so
that
if
you
read
them
with
the
point
Comma
next
after
the
word
Regis
,
then
they
will
yeeld
you
three
Courts
,
that
is
to
say
,
the
Exchequer
,
the
Kings
Court
(
or
●●nch
)
or
the
Court
of
the
Iustices
〈◇〉
large
:
But
if
they
be
taken
without
any
such
point
,
yet
the
words
,
●●ram
Iusticiariis
ubicunque
fuerint
,
doe
set
forth
that
other
Court
of
the
King
,
whereof
I
doe
now
entreat
.
Lastly
,
I
undertake
to
shew
you
,
not
by
the
Title
,
but
by
the
Text
of
●●anviles
owne
Booke
;
that
in
his
time
the
Kings
Court
was
one
,
and
the
Exchequer
was
another
:
For
●●●oughout
his
whole
Worke
,
hee
calleth
the
Court
of
Common
Plea●
Curiam
Domini
Regis
,
and
the
Sti●●
of
the
Writs
thereof
is
,
Quod
sit
●●ram
me
vel
Iusticiariis
meis
;
bu●
when
he
commeth
to
speake
of
th●
Exchequer
,
he
talketh
of
Accompt
to
be
made
to
the
King
there
,
an●
of
none
other
matter
;
as
namely
in
the
7.
Booke
and
10.
Chapte●
where
he
hath
this
,
Si
Dominus
Re●●●
aliquam
Custodiam
alicui
commiseri●
tunc
distinguitur
,
utrum
ei
custodia●
pleno
jure
commiserit
:
Ita
quod
null●●
inde
reddere
computum
oportet
ad
Sca●carium
aut
aliter
.
The
first
beginning
of
Iustices
in
Eyre
.
Math
.
Par.
Ann.
1176.
BVt
before
that
I
leave
this
Kin●
Henry
the
second
,
I
must
add
this
also
;
That
he
in
the
three
a●●
twentieth
yeer
of
his
Reign
,
di●
(
by
the
advice
of
his
Son
and
B●shops
)
cut
the
Realme
into
sixe
●●ts
,
and
to
every
of
those
parts
●●●ointed
three
Iustices
,
which
by
●●nry
Bracton
are
called
Itinerantes
:
●●d
in
Brittons
Booke
Iustices
in
〈◇〉
,
quasi
errantes
,
(
as
Gervase
of
●●●bury
expoundeth
it
)
in
respect
(
as
it
seemeth
)
of
those
other
which
were
first
called
Residentes
,
S●●●entes
,
and
afterwards
de
Banco
,
〈◇〉
the
reason
of
their
certaine
sit●●●g
without
remove
.
The
proper
names
of
which
Iustices
are
set
downe
by
Roger
Hove●●●
,
who
also
describeth
their
circ●●ts
,
not
to
differ
much
from
the
●●me
that
our
Iustices
of
Assize
doe
●●w
ride
:
and
these
Iustices
held
●●ea
as
well
of
criminall
as
of
civill
●●its
,
and
so
continued
till
the
be●●nning
of
the
Reigne
of
King
Ed●●rd
the
third
,
by
which
time
their
●uthoritie
was
by
little
and
little
●eakned
,
partly
by
a
former
advancing
of
certaine
new
Iustices
,
calle●
of
Assize
;
because
their
first
Offic●
was
,
to
take
Assizes
of
Mortdances●●
and
of
Novel
disseisin
(
which
in
th●
customes
of
Normandie
,
from
whic●
it
came
,
is
called
La
Novellette
)
i●
every
Country
:
whereunto
it
wa●
afterwards
added
,
that
they
wit●
others
should
take
Attaints
,
I●ries
,
and
Certificats
,
and
deliver
th●
Gaoles
also
;
and
partly
by
erecting
of
Wardens
of
the
Peace
(
afterwards
called
Iustices
of
the
Peace
to
whom
likewise
Iurisdiction
o●
sundry
sorts
was
given
,
and
committed
;
so
that
about
the
beginning
of
the
Reigne
of
King
Edwar●
the
third
,
the
Sessions
in
Eyr
di●
altogether
cease
,
and
take
leave
And
so
I
conclude
,
that
not
onel●
during
all
the
time
of
the
Conquer●●
himselfe
,
of
William
his
Sonne
,
an●
of
his
other
Sonne
Henry
(
whic●
was
a
peaceable
Prince
,
and
a
maintainer
of
ancient
Lawes
,
and
learned
〈◇〉
them
;
whereof
he
had
the
name
●●●auclarke
)
but
also
under
the
go●●rnment
of
King
Stephen
,
and
of
●●is
Henry
the
second
,
there
was
one
●igh
Court
following
the
King
,
●hich
was
the
place
of
soveraigne
Iustice
both
for
matter
of
Law
and
Conscience
;
and
one
other
standing
Court
,
which
was
governesse
onely
〈◇〉
the
Land
and
Revenues
of
the
Crowne
.
The
first
of
which
,
was
●●en
called
Curia
Domini
Regis
,
and
●●ula
Regia
;
for
that
the
Prince
him●●lfe
did
many
times
sit
in
person
there
,
and
had
Iustices
à
latere
suo
●●●identes
,
(
as
Bracton
saith
)
namely
,
●●s
chiefe
Iustice
,
Chancellor
,
Consta●●e
,
Marshall
,
and
others
:
for
which
●●ason
,
it
is
called
the
Bench
of
the
●ing
even
to
this
day
.
The
latter
●as
then
,
as
it
is
now
,
called
Scacca●●m
,
eo
quod
lucibilis
Scaccarii
for●●●m
haberet
,
if
you
will
give
faith
to
Gervase
Tylburie
;
or
else
it
tooke
the
name
of
Stattarium
,
(
as
Paulus
Aemilius
,
and
after
him
Polydor
Virgil
doe
write
of
it
)
or
not
unprobably
was
called
Exchequer
,
of
Escheats
;
because
it
had
the
order
of
those
things
which
the
Civilians
doe
call
Caduca
,
and
we
Escheats
.
And
in
this
the
Prince
sate
not
personally
at
any
time
,
but
his
chiefe
Iustice
as
President
,
and
then
the
Chancelour
of
the
Exchequer
,
the
Treasurer
,
and
Barons
.
The
Court
of
Common
Pleas
.
IN
this
plight
that
High
Court
of
the
King
continued
,
untill
that
Henry
the
third
,
in
the
ninth
yeare
of
his
reigne
,
(
which
was
about
the
time
in
which
he
aspired
to
the
age
of
21.
yeares
)
finding
by
experience
,
that
it
was
either
chargeable
or
dilatorie
,
or
both
,
for
his
subjects
to
have
no
other
remedie
for
tryall
of
their
rights
,
but
either
before
himselfe
,
in
that
Supreme
Court
,
(
which
removed
with
him
wheresoever
he
went
)
or
before
those
Iustices
in
Eyre
(
which
came
not
yearely
into
the
Countrie
)
granted
unto
his
subjects
that
great
Charter
of
the
Liberties
of
England
;
in
the
11.
Chapter
whereof
,
he
ordained
thus
:
Communia
Placita
non
sequantur
Curiam
nostram
,
sed
teneantur
in
aliquo
certo
loco
.
Whereupon
followed
two
things
:
The
first
,
that
a
new
Court
wa●●●●cted
for
the
determination
of
such
Pleas
as
did
not
concerne
the
Crowne
and
Dignitie
of
the
Prince
,
but
were
meerely
Civill
,
and
did
belong
to
the
subjects
betweene
themselves
:
The
second
,
that
this
Court
was
established
in
a
place
certaine
,
and
that
was
at
Westminster
;
to
the
end
,
that
the
people
might
have
a
standing
Seat
of
Iustice
,
whereunto
they
might
resort
,
for
the
tryall
of
their
owne
Causes
,
and
not
be
driven
to
follow
the
King
and
his
Court
,
but
onely
where
the
matter
respected
him
.
And
after
this
,
all
the
Writs
that
are
recited
in
Henry
Bractons
Booke
,
(
which
was
written
in
the
latter
end
of
the
reigne
of
this
King
Henry
the
third
)
have
this
commandement
to
the
partie
;
Quod
sit
coram
Iusticiariis
meis
apud
Westminster
,
and
not
Coram
me
vel
Iusticiariis
meis
,
as
the
former
forme
in
Glanvile
was
.
And
thus
began
that
Court
;
which
,
because
it
hath
power
over
Common
Pleas
,
wee
now
call
the
Common
Pleas
.
The
division
of
the
Courts
by
Britton
.
ABout
this
time
also
,
(
or
not
long
after
)
some
other
Courts
of
Iustice
were
likewise
opened
,
as
it
may
partly
appeare
by
Henry
Bracton
,
but
more
plainely
by
Iohn
Britton
,
who
followed
immediatly
after
him
.
For
in
the
Reign
of
King
Edward
the
first
,
this
Iohn
Britton
,
then
Bishop
of
Hereford
(
whose
name
Master
Bale
in
his
Centuries
,
or
his
Printer
mistaketh
,
and
calleth
Becton
)
being
singularly
learned
in
the
Lawes
of
the
Realme
,
(
did
)
at
the
commandement
of
that
King
,
in
his
name
compile
a
Book
,
now
imprinted
,
and
named
Britton
,
in
the
beginning
whereof
he
parteth
all
Iurisdictions
thus
:
1
First
,
that
the
King
himselfe
hath
soveraigne
Iurisdiction
above
all
others
in
his
Realme
,
to
judge
of
all
causes
whatsoever
.
2
Secondly
,
that
the
Marshal
of
Mars
,
Marshal
of
Mare
a
Horse
,
and
Shal
be
a
Governour
,
that
is
,
Master
of
the
Horse
.
Marshall
of
the
Kings
House
have
the
place
of
the
King
,
to
heare
and
determine
Pleas
of
the
Crowne
within
the
Verge
,
and
that
the
Iustices
in
Eyre
have
like
Authoritie
in
every
countrie
once
in
seven
yeeres
.
3
Thirdly
,
that
the
Iustices
shall
follow
the
King
wheresoever
he
goeth
,
and
sit
in
his
place
,
have
Connuzance
of
erroneous
Iudgements
,
Appeales
,
and
other
matters
concerning
the
Crowne
.
4
Fourthly
,
that
the
Coroner
of
the
Household
have
his
proper
power
within
his
Verge
,
and
that
he
and
others
have
the
order
of
Weight
and
Measure
throughout
the
Realme
.
5
Then
that
Sheriffes
,
Coroners
,
Hundreders
,
Burgesses
,
Serjeants
,
and
Beadles
,
have
their
Courts
within
every
their
particular
limits
.
6
Sixthly
,
that
Iustices
(
being
continually
at
Westminster
)
have
Authoritie
concerning
the
Kings
Debts
,
and
Fees
,
and
all
things
incident
thereunto
.
And
lastly
,
that
other
Iustices
have
the
charge
of
Assizes
,
and
of
the
deliverie
of
Gaoles
in
every
Countie
.
And
forasmuch
as
after
this
distribution
of
power
thus
made
to
hold
Plea
,
some
of
these
Courts
would
not
containe
themselves
within
their
appointed
limits
,
but
sought
to
enlarge
their
Authoritie
by
usurping
Iurisdiction
that
was
appropriate
to
others
,
the
same
King
did
by
Parliament
(
holden
the
28.
yeere
of
his
Reigne
)
confirme
the
great
Charter
for
ever
,
Cap.
3.
4.
&
and
in
certaine
Articles
(
as
he
called
them
)
set
forth
upon
the
Charter
,
did
then
by
like
Authoritie
of
Parliament
,
enact
,
that
they
of
the
Exchequer
should
not
take
knowledge
of
any
common
Plea
;
that
the
Seneschall
,
of
Sein
,
a
house
,
and
Schale
,
a
Governor
:
So
Steward
of
Stow
,
a
house
,
Ward
a
Keeper
.
Seneschall
,
or
Steward
,
and
the
Marshall
of
the
Kings
Houshold
should
not
hold
Plea
of
Frank
tenement
,
but
content
themselves
with
the
hearing
of
Trespasses
,
Contracts
,
and
Covenants
,
made
within
the
Verge
,
and
that
the
Chancellor
and
the
Iustices
of
the
Kings
Bench
should
follow
him
wheresoever
he
went
,
to
the
end
he
might
alwayes
have
men
about
him
,
that
were
able
to
deliver
Law
to
such
as
should
require
it
.
Hitherto
as
you
see
,
there
is
no
expresse
mention
in
Britton
,
either
of
the
Court
of
the
Admiraltie
,
the
Constables
Court
,
or
of
the
Chancerie
.
Therefore
it
remaineth
yet
,
that
wee
labour
to
find
out
from
whence
they
also
fetched
their
beginning
.
And
that
shall
we
the
more
easily
doe
,
if
we
give
heed
to
this
that
Britton
hath
already
opened
;
for
he
leaveth
the
soveraigne
Iurisdiction
of
all
Causes
in
the
King
:
So
that
whatsoever
the
King
hath
not
particularly
delivered
out
to
others
,
his
Iustices
Commissioners
and
Delegats
that
still
remained
in
himselfe
,
and
was
exercised
either
by
himselfe
in
person
,
or
by
his
Chancellor
,
Counsellors
of
Estate
,
and
Iustices
of
Law
that
continually
attended
upon
himselfe
for
that
service
.
The
Admiraltie
,
and
its
name
.
ANd
therefore
,
first
concerning
the
Admiraltie
,
I
thinke
that
the
decision
of
marine
Causes
was
not
put
out
of
the
Kings
House
,
and
committed
over
to
the
charge
of
the
Admirall
,
untill
the
time
of
King
Edward
the
third
,
whereunto
I
am
led
partly
by
the
consideration
of
the
time
of
his
Reign
,
which
●as
much
occupied
with
affaires
●eyond
the
Sea
,
both
by
reason
of
●he
warres
in
France
,
and
of
the
Entercourse
and
Trade
of
Merchandize
which
then
flourished
,
and
partly
for
that
I
finde
no
mention
of
the
Admiralty
before
the
second
yeere
of
the
Reigne
of
King
Richard
the
second
,
who
going
about
(
by
a
Statute
made
in
the
13.
yeere
after
his
comming
to
the
Crowne
)
to
restraine
the
authoritie
of
that
Court
(
which
had
exceeded
her
knowne
limits
,
doth
take
order
that
shee
doth
meddle
no
further
than
she
wonted
to
doe
in
the
time
of
his
grandfather
King
Edward
the
third
,
thereby
reducing
her
authoritie
(
as
I
thinke
)
to
the
first
originall
.
Admirall
.
{αβγδ}
.
This
Admirall
hath
the
name
of
the
Greeke
word
{αβγδ}
;
which
being
declined
,
and
fallen
from
Almurar
to
Almurall
,
as
Doctor
Cain
(
our
Country-man
,
following
Paulus
Aemilius
,
writeth
)
doth
signifie
the
Governour
,
or
Captaine
of
the
Navie
.
The
Constables
Court
,
and
whence
the
Name
.
THe
Court
of
the
Constable
,
or
Marshall
of
England
,
determi●eth
Contracts
touching
deeds
of
●rmes
out
of
the
Realme
,
and
●●ndleth
things
concerning
Warre●ithin
the
Realme
,
as
Combats
,
Bla●●n
,
Armorie
,
&c.
but
it
may
not
●eale
with
Battaile
in
Appeales
,
nor
●enerally
with
any
other
thing
that
●ay
be
tryed
by
the
Lawes
of
the
●and
.
And
albeit
that
Britton
(
whose
●urpose
was
only
to
set
forth
the
●ourts
whereof
there
was
common
●se
)
hath
not
numbred
it
among
●●e
Courts
of
that
time
,
yet
I
doe
●●rily
beleeve
,
that
it
came
hither
●ith
the
Conqueror
out
of
Norman●●e
:
for
amongst
other
Lawes
of
his
,
●●is
is
one
.
That
if
a
French
man
doe
appeal
an
English
man
of
perjurie
or
mu●der
,
the
French
man
may
defend
himselfe
by
Battaile
,
which
was
the●
termed
in
English
,
Ernest
;
a
wor●
that
we
keep
yet
,
saying
,
when
we
see
a
man
fight
,
hee
is
an
Ernest
.
And
forasmuch
as
the
thing
itself●
was
then
(
and
never
before
)
pe●mitted
by
Law
,
it
is
to
be
granted
that
there
was
even
then
also
som●
Officer
who
had
the
charge
to
se●
it
performed
according
to
Law
,
who
no
doubt
was
the
Constable
,
as
〈◇〉
may
well
appeare
,
not
onely
by
some
Records
of
Historie
,
but
also
by
a
speciall
President
that
I
have
seen●
concerning
the
whole
order
of
proceeding
in
that
behalfe
before
him
this
man
also
had
the
name
of
Connestable
,
as
Iohannes
Tullius
thinketh
of
the
Latin
word
Comestabilis
,
qu●●
comes
stabuli
,
that
is
,
Archippocomes●
or
the
Master
of
the
Horse
,
as
we●
speake
:
but
as
Iohannes
Goropius
af●●rmeth
,
the
word
Constable
(
or
ra●her
Conning
stable
)
is
derived
of
●onning
,
that
is
to
say
,
a
King
,
and
●f
Stable
,
which
signifieth
a
Proppe
,
●r
Stay
;
because
the
Constable
(
being
〈◇〉
principall
Personage
neere
unto
●he
King
)
is
a
great
stay
and
aid
un●o
him
.
The
Chancellor
and
Chancerie
Court
.
BVt
now
as
touching
the
Chancellor
,
(
because
I
purpose
to
●peake
of
him
and
his
Court
some●hat
more
largely
)
it
shall
not
be
●misse
,
first
to
derive
his
Name
,
then
●o
divide
his
Authoritie
and
Office
;
●nd
after
that
,
to
search
for
the
be●●nning
of
him
,
and
his
Court
:
and
●●stly
,
to
speake
a
word
or
twaine
of
the
Equitie
by
which
he
is
said
to
●●le
his
Sentence
.
The
name
of
Chancellor
,
Caro
.
Steph
.
in
Dictionar
.
Latinograec
.
ex
Budaei
vigiliis
.
Our
French
word
Chancellier
,
is
fetched
from
the
Latine
,
Cancellorius
;
and
that
,
from
cancello
;
and
they
all
three
framed
out
of
the
Greeke
{αβγδ}
;
which
signifieth
properly
,
to
make
Lattises
,
Grates
,
o●Crosse-barres
,
to
enclose
any
thing
withall
;
and
metaphorically
,
to
bound
and
containe
any
thing
within
certaine
barres
and
limits
.
And
out
of
these
two
significations
,
two
principall
parts
of
his
Office
doe
issue
:
For
after
the
similitude
to
those
crossed
Barres
or
Lattises
,
he
is
said
to
cancell
,
deface
,
o●
make
void
a
Record
,
because
the
vacat
thereof
is
done
,
by
drawing
certaine
crosse
lines
Lattise-wise
with
his
Pen
over
it
;
whereby
it
is
so
inclosed
and
shut
up
,
that
from
thenceforth
no
exemplifications
thereof
may
be
given
abroad
.
And
likewise
in
his
Court
of
Equitie
,
he
doth
(
when
the
Case
requireth
)
so
cancell
and
shut
up
the
rigour
of
the
generall
Law
,
that
it
shall
not
breake
forth
to
the
hurt
of
some
one
singular
Case
and
person
.
The
great
Scale
,
and
the
Office
of
him
that
beareth
it
.
THe
Office
and
Iurisdiction
of
this
man
,
is
manifold
:
For
usually
he
is
a
great
Personage
,
a
Counsellor
of
the
Estate
,
and
Prolocutor
or
Mouth
of
the
higher
House
of
Parliament
:
He
is
also
Keeper
of
the
Great
Seale
of
the
King
,
and
was
wont
to
be
elected
hereunto
by
authoritie
of
Parliament
.
For
I
have
read
,
that
Ralph
Nevil
,
the
Bishop
of
Chichester
,
being
Chancellor
to
King
Henry
the
third
,
Math
.
Par.
refused
to
yeeld
up
his
Seale
unto
him
,
●hen
he
required
it
;
affirming
,
that
●s
hee
had
received
it
by
the
Common
Councell
of
the
Realme
,
so
hee
would
not
,
without
like
Warrant
resigne
it
againe
:
And
in
the
daye
of
the
same
King
,
it
was
told
him
by
all
his
Lords
spirituall
and
temporall
,
That
of
ancient
time
the
Creation
and
Deposition
of
the
chiefe
Iustice
,
7.
H.
7.
15
Comment
.
76.
the
Chancellor
,
and
the
Treasurer
,
belonged
to
the
Parliament
.
And
besides
this
Seale
of
spee●
all
Grace
,
Stanf
.
Prerog
.
65.
a.
the
Chancellor
hath
also
the
Seale
of
simple
Iustice
,
and
keepeth
(
as
it
were
)
the
Forge
and
Sho●
of
all
Originals
.
He
hath
moreover
double
Iurisdiction
;
the
one
,
of
Common
Law
;
the
other
,
of
Equitie
:
that
first
being
limitted
in
power
,
and
his
latter
being
meere
absolute
,
and
infinite
.
According
to
the
Rule
of
Law
,
he
holdeth
Plea
(
by
Bill
in
Latine
)
for
priviledge
of
the
ministers
of
his
Court
,
and
their
attendants
.
So
also
upon
Recognizances
,
Statutes
,
Audita
querela
,
Petitions
,
Monstrans
de
Droit
:
and
so
of
Wards
,
Liveries
,
and
Ouster
●e
main
,
before
a
speciall
Court
was
erected
therefore
.
And
of
these
he
may
hold
Plea
at
all
times
,
Fitz
.
Nat.
Bre.
201
,
as
well
within
the
Terme
,
as
after
.
According
to
his
Conscience
(
guided
by
Equitie
)
hee
relieveth
those
that
complaine
(
by
English
Bill
)
either
for
that
the
Common
Law
oppresseth
them
with
rigour
,
or
else
for
that
it
hath
not
fit
medicine
for
their
diseases
and
griefe
.
Hitherto
of
the
Name
of
Office
of
the
Chancellor
.
Now
for
the
better
understanding
of
the
beginning
of
them
both
,
wee
will
examine
the
matter
by
parts
:
And
first
,
for
his
originall
dutie
,
I
will
use
one
or
two
testimonies
of
Antiquitie
.
King
Edward
the
Confessor
imme●iately
before
his
death
,
granted
by
●is
Charter
many
Possessions
and
●riviledges
to
the
Abbey
that
was
called
Saint
Peters
,
in
Westminster
,
in
the
conclusion
of
which
Charter
,
he
saith
thus
:
Ad
ultimum
Chartam
istam
sigillari
jussi
,
&
ipse
manu
mea
propria
Signum
X
Crucis
impressi
,
&
idoneos
testes
annotari
praecepi
.
And
then
,
after
the
Subscription
of
Him
and
the
Queene
,
and
after
the
Archbishops
,
Bishops
,
and
Abbots
,
one
Reinbaldus
is
named
Cancellarius
.
And
in
the
end
of
all
,
after
the
Date
of
the
Charter
,
it
is
written
thus
:
Siwardus
Notarius
ad
vicem
Reinbald
Regiae
dignitatis
Cancellarii
hanc
Chartam
scripsi
,
&
subscripsi
.
After
this
,
King
William
the
Conquerour
gave
,
by
another
Charter
,
to
the
same
Abbey
sundry
Lands
in
exchange
for
Windsor
,
which
King
Edward
had
bestowed
upon
them
And
in
the
end
of
this
Grant
he
likewise
saith
;
Ego
Willielmus
De
gratia
Rex
,
&
Dux
Normaniorum
atque
Princeps
Caenomanorum
hoc
scril
praecepi
,
&
scriptum
hoc
signo
Dominica
Crucis
X
confirmando
stabilivi
,
nostraeque
imaginis
sigillo
insuper
assignari
curavi
:
And
then
(
in
order
as
before
)
it
followeth
;
Ego
Mauricius
Regis
Cancellarius
favendo
relegi
&
sigillavi
.
Hereby
it
appeareth
,
that
the
Office
of
the
Chancellor
then
was
,
at
the
first
,
to
make
and
seale
the
Instruments
that
passed
from
the
Prince
.
And
this
I
call
his
Originall
Dutie
,
because
it
cannot
be
credibly
shewed
out
of
any
Historie
(
as
I
thinke
)
that
ever
there
was
in
England
any
sealing
of
Writings
,
or
mention
of
the
Name
of
Chancellor
,
before
the
dayes
of
this
Edward
;
who
having
spent
a
great
part
of
his
age
in
Normandie
,
first
brought
the
use
of
the
Seale
from
thence
into
this
Realme
;
and
with
it
(
as
I
suppose
)
the
Name
of
Chancellor
also
.
Florent
.
Wigor
.
In
whose
time
also
,
Leofricus
the
Brittaine
is
the
first
that
I
find
named
Chancellor
.
For
,
that
we
learned
of
the
Normans
our
manner
of
sealing
,
Ingulphus
the
Abbot
of
Croyland
,
(
which
came
out
of
Normandie
hither
,
in
the
traine
of
the
Norman
Conquerour
)
assureth
us
in
writing
thus
:
Normani
Chiragraphorum
confectionem
cum
crucibus
aureis
,
&
aliis
signaculis
sacris
in
Anglia
firmari
solitam
in
caerae
impressionem
mutabit
,
&c.
And
that
the
Name
of
him
that
kept
this
Seale
,
came
out
of
France
also
,
it
may
be
probably
conjectured
,
both
by
the
words
which
wee
found
neerer
to
the
pronuntiation
of
the
French
,
than
of
the
Latine
;
and
also
by
the
Office
it selfe
which
hath
beene
exercised
in
France
(
under
the
very
same
name
and
nature
that
wee
use
it
)
ever
since
the
time
of
Charlemaine
at
the
least
.
Vincent
.
sup
.
l.
●
.
de
Gall
.
Magist
.
And
so
it
is
manifest
,
that
the
Chancellor
did
beare
this
Name
,
and
had
this
charge
of
the
Kings
Seale
,
and
Writings
,
both
before
and
in
the
time
of
the
Conquerour
:
The
which
also
,
without
all
doubt
,
he
hath
ever
since
continued
.
Howbeit
,
when
I
say
Writings
,
I
doe
not
meane
that
he
had
the
authoritie
of
making
originall
Writs
here
,
before
the
time
of
the
Conquest
:
For
those
came
out
of
Normandie
also
,
as
the
very
formes
of
the
most
of
them
(
being
expressed
in
the
Booke
of
the
Norman
Customes
)
may
lead
a
man
to
thinke
.
And
that
the
rather
,
because
the
Saxons
(
our
Ancestors
)
whose
proceeding
in
Iudgement
was
de
plano
,
and
without
solemnitie
,
did
not
use
(
so
farre
as
I
have
hitherto
observed
)
to
call
the
parties
by
any
Writ
,
or
Writing
,
out
to
send
for
them
by
certaine
Messengers
,
which
they
tearmed
Which
signifies
,
famulus
&
minister
:
Ic
Thein
,
by
the
corrupting
of
one
Saxon
Letter
,
is
that
which
is
the
Motto
at
this
day
of
the
Princes
Plum●
.
Theignes
;
that
is
to
say
,
Ministers
,
or
Servants
:
even
as
in
the
Norman
Customes
,
it
seemeth
that
they
sent
Sergeants
,
without
originall
Writs
,
or
Mandate
in
writing
.
Yea
,
and
when
that
manner
of
summoning
by
Writ
was
brought
into
use
here
,
yet
was
not
the
sealing
of
the
Writs
forthwith
committed
to
the
Chancellor
:
For
you
may
see
in
Glanviles
Booke
,
that
the
originall
Writs
of
this
time
had
this
forme
;
Teste
Ranulpho
de
Glanvillo
,
&c.
which
was
the
Name
of
the
Chiefe
Iustice
of
the
Kings
Courts
then
,
under
whose
sealings
they
passed
abroad
.
Neverthelesse
,
for
as
much
as
it
is
to
be
read
in
Bracton
,
Quod
omnis
brevia
de
pace
(
which
are
Probihitions
indeed
)
irrotulari
debent
in
Rotulo
de
Cancellaria
;
and
for
that
,
not
onely
the
Statute
of
Westminster
the
second
,
which
was
made
in
the
thirteenth
yeere
of
King
Edward
the
first
,
saith
in
plaine
words
,
that
the
Formedone
in
Reverter
fatis
est
in
usu
in
Cancellaria
,
and
hath
often
mention
of
the
Clerks
there
;
but
also
that
other
Statute
of
Articuli
super
Chartas
,
hath
the
expresse
names
both
of
the
Chancellor
,
and
Chancerie
:
It
must
be
confessed
,
that
the
Chancellor
had
the
keeping
of
the
Rolls
of
Record
,
and
the
making
out
of
Writs
originall
,
either
at
the
same
time
that
the
Common
Place
was
erected
,
or
not
long
after
it
;
that
is
to
say
,
either
under
the
Reigne
of
King
Henry
the
third
,
or
else
in
the
beginning
of
Edward
the
first
:
Which
later
King
(
as
Iudge
Prisot
reporteth
of
him
)
laboured
carefully
to
reduce
our
Law
into
order
,
and
writing
;
and
in
my
opinion
,
Math
.
Par.
may
therefore
not
unworthily
bee
accounted
our
English
Iustinian
.
And
albeit
the
House
of
the
Rolls
(
which
hath
beene
of
long
time
,
as
it
were
,
the
Colledge
of
the
Chanceriemen
)
was
builded
at
the
first
by
the
same
King
Henry
the
third
for
another
purpose
;
namely
,
for
the
sustentation
of
such
Iewes
as
would
give
their
names
to
Christ
,
and
was
therefore
called
Domus
Iudaeorum
conversorum
:
yet
that
hindereth
not
,
but
that
the
same
House
might
shortly
after
be
converted
to
another
use
;
upon
experience
,
as
it
is
likely
,
that
few
Converts
were
found
amongst
the
Iewes
,
for
to
inhabite
it
.
And
then
,
thus
have
you
the
Chancellor
furnished
with
the
Seale
of
Grace
,
and
Seale
of
Common
Iustice
;
and
with
him
the
Chancerie
,
for
the
keeping
of
Records
;
and
the
Clerkes
thereof
,
for
the
framing
of
Writs
.
And
as
touching
the
Authoritie
in
Iudgement
,
I
see
not
what
Iurisdiction
hee
hath
,
(
his
Court
of
Equitie
,
and
some
powers
given
by
●te
Statutes
only
excepted
)
which
〈◇〉
not
incident
to
the
making
or
●eping
of
the
Records
:
For
hee
●nnot
reforme
the
error
of
ano●er
Court
;
yea
,
error
committed
〈◇〉
his
owne
Court
,
shall
be
rever●d
in
the
Parliament
:
37.
H.
6
,
14.
&
15.
Neyther
●n
hee
trie
any
Issue
,
taken
before
●m
;
for
that
also
must
be
done
〈◇〉
the
Kings
Bench
,
Scire
facias
,
Fitzh
.
129.
as
a
thing
with●t
his
Iurisdiction
.
And
that
mo●d
Scroope
,
Chiefe
Iustice
of
the
●ings
Bench
,
(
as
I
have
seene
)
●i
.
1.
Edward
3.
in
a
written
Re●rt
to
say
,
That
the
Chancerie
and
●he
Kings
Bench
were
but
one
place
,
●tz
.
the
Bench
of
the
King
;
and
●at
the
Chancellor
may
(
by
his
●nd
,
without
Writ
)
deliver
any
●ng
to
be
tryed
in
the
Bench
of
●●e
King
.
The
Court
of
Equitie
,
or
Chancerie
.
IT
remaineth
then
,
that
I
speak
of
his
Court
of
Equitie
;
which
in
my
fantasie
,
is
not
altogether
s●
ancient
as
the
other
:
For
,
as
yo●
have
heard
before
,
King
Edward
th●
first
,
and
the
Parliament
,
then
took
order
,
That
the
Chancellor
shoul●
follow
the
King
,
even
as
the
Iudg●
of
the
Bench
did
;
to
the
end
,
tha●
he
might
have
alwayes
at
hand
ab●
men
for
his
direction
in
Suits
th●
came
before
him
.
The
meaning
whereof
(
as
I
think●
was
,
That
the
Iustices
should
i●●forme
him
of
the
Law
,
and
the
Cha●cellor
of
Equitie
:
For
otherwise
,
see
not
what
use
he
could
have
the
Chancellor
in
this
behalfe
;
be
onely
,
for
that
hee
(
being
commonly
a
Bishop
,
or
other
Spirituall
pe●n
)
was
the
more
meet
(
after
the
●pinion
of
men
in
those
dayes
)
to
●…
ve
advice
according
to
Equitie
,
●…
d
a
good
Conscience
;
in
which
re●…
ect
also
hee
was
Visitor
for
the
●…
ing
,
and
bestowed
his
Benefices
:
●o
that
,
such
as
then
sought
reliefe
●y
Equitie
,
were
suitors
to
the
King
●imselfe
,
who
being
assisted
with
●is
Chancellor
and
Councell
,
did
mi●…
gate
the
severitie
of
the
Law
in
●is
owne
person
,
when
it
pleased
●im
to
be
present
;
and
did
(
in
ab●ence
)
either
referre
the
same
to
the
●hancellor
alone
,
or
to
him
and
some
●ther
of
the
Councell
:
So
,
as
the
●hancellor
had
not
then
any
Court
●roper
to
himself
,
but
rather
assisted
●…
e
King
(
as
then
did
the
Chiefe
Iu●…
ice
,
and
the
rest
of
he
Kings
Coun●…
ll
also
)
or
otherwise
supplyed
the
●ings
absence
,
by
special
commande●ent
,
for
deciding
of
Causes
that
had
●een
presented
to
his
royall
person
.
For
when
as
King
Edward
the
first
,
in
his
Booke
commonly
called
Britton
,
(
which
he
caused
to
be
penned
about
the
first
part
of
his
reign
,
by
the
labour
of
learned
Iudges
,
in
the
vulgar
French
,
for
the
better
publication
of
the
Lawes
,
which
then
stood
written
in
Latine
by
Glanvile
and
Bracton
.
)
had
set
downe
all
the
sorts
of
Lay
Iurisdiction
;
beginning
his
distribution
at
the
highest
(
even
his
owne
Princely
Tribunall
)
and
ending
with
the
lowest
Leet
,
and
common
Court
Baron
:
Wherein
also
he
laboureth
(
as
it
seemeth
)
to
peruse
all
,
and
pretermit
none
:
Yet
speaketh
he
never
a
word
touching
any
Iurisdiction
of
a
Chancerie
Court
;
albeit
the
Chancellor
were
then
one
of
the
neerest
of
his
Councell
,
and
did
not
onely
attend
him
with
advice
,
but
did
also
keepe
his
sacred
Seale
,
and
exercised
therewith
the
awarding
of
all
the
Kings
originall
Writs
,
whereupon
the
rest
of
his
Courts
of
Iustice
did
worke
,
and
proceed
.
Yea
,
it
is
probable
also
,
that
either
then
,
or
soone
after
,
it
rested
in
the
Chancellors
power
to
devise
any
Writ
for
the
direction
of
Suits
at
the
Common
Law
,
for
remedie
in
Cases
,
where
no
proper
helpe
was
formerly
knowne
.
The
doing
whereof
(
conformed
to
the
Authoritie
of
the
Roman
Praetors
)
was
extraordinarie
,
and
speciall
;
and
was
therefore
then
,
and
yet
is
called
the
Action
or
Writ
upon
the
Case
;
as
by
the
benefit
whereof
,
the
Suitor
in
Law
might
have
readie
reliefe
,
according
to
the
exigencie
of
his
businesse
,
and
fitting
to
the
Specialtie
,
Reason
,
and
Equitie
of
his
very
Case
.
And
here
it
is
,
that
our
Register
affordeth
so
plentifull
varietie
of
Writs
upon
the
Case
,
warranted
by
the
Statute
of
Westminster
the
second
,
saying
in
the
first
and
25.
Chapter
,
In
novo
casu
,
novum
remedium
est
apponendum
;
ne
Curia
Domini
Regis
deficiat
,
conquaerentibus
in
justitia
perquirenda
.
And
thus
I
take
the
matter
to
have
stood
,
during
such
time
as
the
Kings
high
Court
of
Iustice
accompanied
his
Royall
presence
.
But
when
as
afterwards
the
Court
of
the
Kings
Bench
was
left
to
it selfe
(
the
King
no
longer
frequenting
the
same
in
person
)
and
therewithall
,
the
Authoritie
of
the
Chiefe
Iustice
of
England
(
who
formerly
had
,
as
a
Vice-roy
,
the
absolute
Royall
power
,
as
well
of
matters
of
Estate
,
as
for
Warre
and
civill
Iustice
)
did
cease
,
and
decline
from
that
originall
greatnesse
,
and
was
restrained
by
a
new
forme
of
Patent
(
as
now
it
stands
)
ad
placita
coram
nobis
tenenda
,
which
is
an
ordinarie
and
limitted
Iurisdiction
:
Then
,
I
say
,
the
King
did
commit
to
his
Chancellor
(
together
with
the
charge
of
the
great
Seale
)
his
owne
Regall
,
absolute
,
and
extraordinarie
preheminence
of
Iurisdiction
in
Civill
Causes
,
as
well
for
amendment
as
for
supply
of
the
Common
Law
.
And
therefore
this
great
Officer
doth
beare
sundry
apparant
markes
,
by
the
which
hee
is
plainely
knowne
and
distinguished
from
whatsoever
Iudges
:
For
hee
is
the
Mouth
,
as
it
were
,
of
the
Prince
,
as
appeares
by
his
imployment
in
the
Session
of
Parliament
:
he
commandeth
the
whole
great
Seale
,
whereas
other
Courts
doe
use
onely
a
part
thereof
;
acknowledging
thereby
,
their
derived
Authoritie
underneath
him
.
This
Seale
he
holdeth
(
without
any
Parent
)
by
the
onely
deliverie
thereof
into
his
hands
:
He
writeth
,
Teste
me
ipsa
,
in
the
name
and
person
of
the
Queene
her selfe
;
when
the
other
Iudges
say
,
Teste
Iohanne
Popham
,
Edmundo
Anderson
,
or
Willielme
Periam
:
His
Court
is
said
to
be
alwayes
open
,
and
(
touching
Equitie
)
to
have
no
Record
;
as
well
because
extraordinarie
Cases
may
not
be
limitted
to
any
times
certaine
,
as
for
that
his
Iudgements
be
in
his
owne
brest
,
not
tyed
to
any
preceding
Records
:
Neither
doth
he
trie
any
Issue
,
because
he
may
examine
both
parties
and
witnesses
upon
Oath
,
and
may
(
without
judiciall
Ceremonie
)
judge
summarie
&
de
plano
;
therefore
also
his
Sentence
bindeth
not
the
thing
judged
.
His
Supersedeas
may
not
stay
a
Court
of
Common
Iustice
from
proceeding
;
neyther
doth
a
Scire
facias
lye
,
for
the
summe
contained
in
the
Subpoena
,
when
it
is
not
obeyed
;
because
his
power
is
singular
,
and
of
it selfe
,
which
may
rule
the
person
which
is
commandable
by
the
absolute
and
Regall
Iustice
of
the
Prince
,
where
no
ordinarie
Law
is
yet
provided
.
And
even
as
the
necessitie
of
an
Officer
of
this
sort
is
inevitable
in
every
well-polliced
Kingdome
,
where
the
Prince
is
by
Office
bounden
and
by
Oath
sworne
to
deliver
Iustice
to
his
subjects
,
howsoever
the
Positive
Law
of
his
Countrie
doth
not
afford
it
;
so
hath
this
manner
of
Iurisdiction
here
beene
both
approved
and
enlarged
by
sundry
Lawes
of
Parliament
.
For
,
when
as
King
Edward
the
third
prepared
for
his
Warres
in
France
,
it
was
enacted
in
the
twentieth
yeere
of
his
Reigne
,
That
the
Chancellor
and
Treasurer
should
heare
and
determine
upon
Extortions
,
Embraceries
,
Maintenances
,
and
other
like
offences
that
should
be
committed
in
this
Kings
absence
.
In
which
,
albeit
(
as
you
see
)
the
Power
given
was
absolute
,
yet
was
not
the
Chancellor
made
the
onely
Iudge
:
But
afterwards
(
in
the
36.
yeere
of
the
same
King
)
it
was
enacted
,
That
if
any
man
were
grieved
against
the
Articles
of
that
Statute
,
or
others
,
he
should
have
remedie
in
the
Chancerie
,
without
further
or
other
suit
:
And
hereby
hee
was
not
onely
to
judge
alone
,
but
also
at
the
libertie
of
his
owne
discretion
.
Sundry
other
accessions
of
honour
were
after
that
also
given
by
sundry
Statutes
:
As
by
one
,
to
award
Damages
upon
an
untrue
suggestion
made
before
him
:
By
another
,
to
send
Proclamation
of
Rebellion
against
such
as
by
contumacie
would
not
appeare
,
when
Processe
had
been
awarded
against
them
:
And
by
other
Lawes
,
to
grant
Commissions
of
sundry
kinds
,
and
to
doe
and
dispatch
many
Businesses
;
whereof
it
is
neither
needfull
nor
profitable
to
make
enumeration
or
report
in
this
place
;
where
I
doe
rather
seeke
to
finde
the
Originall
,
than
follow
the
Off-spring
;
to
taste
of
the
Well-head
,
rather
than
pursue
the
Channell
.
That
I
may
therefore
change
this
path
,
and
make
choice
of
another
;
even
as
these
be
the
first
,
the
beginnings
,
(
that
hitherto
I
can
finde
amongst
our
Statute-Lawes
)
concerning
this
preheminent
Authoritie
of
the
Chancerie
Court
;
so
also
I
doe
not
remember
,
that
in
our
Reports
of
Common
Law
there
is
any
frequent
mention
of
Causes
usually
drawne
before
the
Chancellor
,
for
helpe
in
Equitie
,
but
onely
from
the
time
of
King
Henry
the
fourth
;
in
whose
dayes
(
by
reason
of
those
intestine
troubles
)
Feoffements
to
Vse
did
either
first
begin
(
as
some
hath
thought
)
or
else
did
first
grow
common
and
familiar
,
as
all
men
must
agree
.
For
remadie
in
which
Cases
of
Vses
,
chiefely
the
Chancerie
Court
was
then
fled
unto
,
as
the
only
Altar
of
helpe
and
refuge
:
But
whensoever
this
Court
of
Equitie
tooke
beginning
to
be
a
distinct
Court
,
I
have
made
proofe
(
as
I
thinke
)
that
the
power
thereof
was
alwayes
in
exercise
.
And
considering
that
the
Prince
of
this
Realme
is
the
immediate
minister
of
Iustice
under
God
,
and
is
sworne
at
his
Coronation
,
to
deliver
to
his
subjects
aequam
&
rectam
Iustitiam
;
I
cannot
see
how
it
may
otherwise
be
,
but
that
besides
his
Court
of
meere
Law
,
he
must
either
reserve
to
himselfe
,
or
referre
to
others
a
certaine
soveraigne
and
preheminent
Power
,
by
which
he
may
both
supply
the
want
,
and
correct
the
rigour
of
that
Positive
or
written
Law
,
which
of
it selfe
neither
is
nor
can
be
made
such
a
perfect
Rule
,
as
that
a
Man
may
thereby
truly
square
out
Iustice
in
all
Cases
that
may
happen
.
For
written
Lawes
must
needs
bee
made
in
a
generalitie
,
Leges
habent
se
ut
universalia
ad
singularia
.
Aristot
.
Ethic
.
5.
and
be
grounded
upon
that
which
happeneth
for
the
most
part
,
because
no
wisdome
of
man
can
fore-see
every
thing
in
particularitie
,
which
Experience
and
Time
doth
beget
.
And
therfore
,
although
the
written
Law
be
generally
good
,
and
just
;
yet
in
some
speciall
case
,
it
may
have
need
of
Correction
,
Ipsae
etiam
Leges
cupiunt
ut
iure
regantur
.
Cato
.
by
reason
of
some
considerable
Circumstance
falling
out
afterwards
,
which
at
the
time
of
the
Law-making
was
not
fore-seene
:
Whereas
otherwise
,
to
apply
one
generall
Law
to
all
particular
cases
,
were
to
make
all
Shooes
by
one
Last
,
or
to
cut
one
Glove
for
all
Hands
,
which
how
unfit
it
would
prove
,
every
man
may
readily
perceive
.
And
hereof
this
Equitie
hath
the
name
in
Greek
{αβγδ}
,
of
{αβγδ}
secundum
,
and
{αβγδ}
conveniens
,
vel
rationi
consentaneum
;
because
it
doth
not
onely
weigh
what
is
generally
meet
for
the
most
part
,
but
doth
also
consider
,
the
person
,
time
,
place
,
and
other
circumstances
in
every
singular
case
that
commeth
in
question
,
and
doth
thereof
frame
such
judgement
as
is
convenient
and
agreeable
to
the
same
:
So
that
in
sum
the
written
Law
is
like
to
a
stiffe
rule
of
Steel
,
or
Iron
,
which
will
not
be
applied
to
the
fashion
of
the
Stone
or
Timber
whereunto
it
is
laid
:
And
Equitie
(
as
Aristotle
saith
well
)
is
like
to
the
leaden
rule
of
the
Lesbian
Artificers
,
which
they
might
at
pleasure
bend
,
and
bow
to
every
stone
of
whatsoever
fashion
.
And
hereby
it
may
also
appeare
,
what
use
there
ought
to
be
aswell
of
the
Positive
or
Written
Law
,
as
also
of
Equitie
it selfe
:
For
seeing
that
the
Positive
and
Common
Law
is
made
meet
for
the
most
part
,
and
that
Equitie
is
added
for
helpe
in
some
few
or
singular
cases
,
it
followeth
by
reason
,
that
commonly
and
regularly
the
positive
Law
should
bee
put
in
ure
,
and
that
Equitie
should
not
bee
appealed
unto
but
only
in
rare
and
extraordinary
matters
,
lest
on
the
one
side
,
if
the
Iudge
in
Equitie
should
take
Iurisdiction
over
all
,
it
should
come
to
passe
(
as
Aristotle
saith
)
that
a
Beast
should
beare
the
rule
:
For
so
hee
calleth
man
,
whose
Iudgement
,
if
it
bee
not
restrained
by
the
Chaine
of
Law
,
is
commonly
carried
away
,
with
unruly
affections
.
And
on
the
other
side
,
if
onely
streight
Law
should
bee
administred
,
the
helpe
of
GOD
which
speaketh
in
that
Oracle
of
Equitie
,
should
be
denyed
unto
men
that
neede
it
.
And
therefore
even
as
two
Herbes
being
in
extremitie
of
heate
,
or
cold
,
bee
by
themselves
so
many
poysons
,
and
if
they
bee
skilfully
contempered
,
will
make
a
wholesome
Medicine
:
So
also
would
it
come
to
passe
,
if
either
this
Arithmeticall
Governement
,
(
as
they
call
it
)
by
rigour
of
Law
onely
,
or
this
Geometricall
Iudgement
at
the
pleasure
of
the
Chancellour
or
Praetor
onely
should
bee
admitted
;
and
yet
if
they
bee
well
compounded
together
,
a
most
sweete
and
harmonicall
Iustice
will
follow
of
them
.
A
good
Chancellor
will
not
then
make
this
Proclamation
,
Nullus
recedat
à
Cancellaria
sine
remedio
,
and
thereby
not
onely
abuse
the
Text
of
the
Statute
,
which
meant
onely
the
making
of
Writs
(
that
there
might
bee
in
consimile
casu
remedium
consimile
)
but
also
arrogate
authoritie
in
every
complaint
that
shall
bee
brought
before
him
,
upon
whatsoever
suggestion
,
and
thereby
both
overthrow
the
authoritie
of
the
Courts
of
Common
Law
:
Then
to
bring
upon
men
such
a
confusion
and
uncertainetie
,
as
hardly
any
man
should
know
how
,
or
how
long
to
hold
his
owne
assured
to
him
.
Nay
rather
a
good
Chancellour
will
permit
the
Common
Law
to
hold
her
just
honour
,
and
not
make
such
violent
irruption
upon
her
borders
,
but
will
so
moderate
his
power
,
and
provide
,
that
the
Gate
of
Mercie
may
bee
opened
in
all
Calamitie
of
Suit
:
to
the
end
,
(
where
need
shall
bee
)
the
Rigour
of
Law
may
bee
amended
,
and
the
short
measure
thereof
extended
by
the
true
consideration
of
Iustice
and
Equitie
.
In
which
behalfe
this
our
Age
hath
greatly
to
thanke
God
,
for
that
by
the
ministerie
of
our
gracious
Queene
Elizabeth
,
hee
doth
not
onely
leave
unto
us
the
right
use
of
those
Courts
of
meere
Law
,
furnished
with
men
of
greater
learning
and
integritie
,
but
hath
also
by
her
own
selection
placed
in
that
Praetoriall
Seat
of
Chancerie
,
a
man
no
lesse
learned
in
the
Common
Lawes
of
this
Realme
,
than
accomplished
with
the
skill
of
this
Moderation
for
Equitie
.
I
see
that
occasion
is
here
offered
me
,
to
enter
into
the
handling
of
sundry
Questions
concerning
the
Order
of
the
Chancerie
,
and
chiefly
of
this
one
thing
:
whether
it
be
meet
,
that
the
Chancellor
shold
appoint
unto
himselfe
,
and
publish
to
others
any
certaine
Rules
&
Limits
of
Equity
,
or
no
;
about
the
which
men
both
godly
and
learned
doe
varie
in
opinion
:
For
on
the
one
part
it
is
thought
as
hard
a
thing
to
prescribe
to
Equitie
any
certaine
bounds
,
as
it
is
to
make
any
one
generall
Law
to
be
a
meet
measure
of
Iustice
in
all
particular
cases
.
And
on
the
other
side
it
is
said
,
that
if
it
be
not
knowne
before-hand
in
what
cases
the
Chancellour
will
reach
forth
his
helpe
,
and
where
not
,
then
neither
shall
the
Subject
bee
assured
how
,
or
when
he
may
possesse
his
owne
in
peace
,
nor
tne
Practizer
in
Law
be
able
to
informe
his
Client
what
may
become
of
his
Action
:
But
because
this
and
the
like
matters
be
of
more
difficultie
then
that
I
may
with
modestie
take
upon
me
to
determine
them
,
and
for
that
also
it
is
not
my
present
purpose
to
dispute
what
is
convenient
to
bee
done
in
any
Court
,
but
rather
to
discourse
the
beginning
,
and
acknowledge
the
benefit
of
them
all
,
I
will
onely
wish
these
two
things
.
First
,
some
good
meanes
were
advised
,
whereby
Suitors
in
the
Chancerie
,
and
such
like
Courts
,
might
before
their
day
of
hearing
,
which
they
purchase
not
without
great
expences
learne
whether
they
shall
be
dismissed
thence
to
the
tryall
of
the
Common
Lawes
,
or
no
;
which
thing
whether
it
might
be
better
performed
by
suffering
Plea
,
to
the
Jurisdiction
of
the
Court
,
or
by
summary
consideration
of
the
case
,
collected
out
of
the
Bill
and
answer
,
or
by
a
faithfull
report
of
the
estate
of
the
matter
,
under
the
Oath
,
and
at
the
perill
of
both
parties
;
or
by
some
other
way
,
I
will
leave
to
the
Iudgement
of
such
as
have
more
Wisedome
to
advise
,
and
Power
to
execute
.
Againe
,
when
as
the
Chancerie
,
or
any
such
Court
shall
be
intituled
to
hold
Plea
of
right
of
Land
upon
the
suggestion
of
uncertaine
Charters
or
Evidences
should
be
brought
into
the
Court
;
that
the
parties
should
be
dismissed
to
the
Common
Law
,
or
enterplead
for
the
Right
in
the
Land
;
that
those
Evidences
also
should
be
sent
thither
at
the
day
of
Tryall
,
to
be
given
in
Evidence
;
and
that
,
according
to
the
Right
,
should
fall
out
for
the
Land
:
So
the
Charters
also
should
be
delivered
to
the
one
,
or
to
the
other
of
the
parties
:
Whereas
now
it
is
often
seene
,
that
one
man
doth
implead
another
,
by
this
pretence
,
in
the
Court
of
Equitie
,
for
cause
that
requireth
no
helpe
of
Equitie
at
all
;
but
doth
most
properly
pertaine
to
the
determinations
of
the
Common
Law
.
But
leaving
to
others
the
consideration
of
this
also
;
let
mee
summe
up
the
rest
of
your
Lay
Courts
,
and
labour
to
make
an
end
of
them
.
The
Court
of
Star-chamber
.
AS
in
the
Government
of
all
Common-weales
,
sundry
things
doe
fall
out
,
both
in
Peace
and
Warre
,
that
doe
require
an
extraordinarie
helpe
,
and
cannot
await
the
usuall
cure
of
common
Rule
,
and
setled
Iustice
;
the
which
is
not
performed
,
but
altogether
after
one
sort
,
and
that
not
without
delay
of
helpe
,
and
dispense
of
time
:
So
,
albeit
here
within
this
Realme
of
England
,
the
most
part
of
Causes
in
complaint
are
and
ought
to
be
referred
to
the
ordinarie
processe
&
solemne
handling
of
Common
Law
,
and
regular
distribution
of
Iustice
;
yet
have
there
alwayes
arisen
,
and
there
will
continually
,
from
time
to
time
,
grow
some
rare
matters
,
meet
(
for
just
reason
)
to
be
reserved
to
a
higher
hand
,
and
to
be
left
to
the
aide
of
absolute
Power
,
and
irregular
Authoritie
.
The
which
thing
that
it
may
the
more
plainely
appeare
by
particularitie
,
The
three
parts
of
this
Discourse
.
it
shall
peradventure
be
worthy
the
labour
to
examine
:
First
,
for
what
sort
of
Offences
the
Suits
ought
to
be
commenced
;
then
,
before
whom
they
ought
to
be
heard
;
and
lastly
,
what
speciall
Place
hath
beene
the
most
usuall
and
frequented
Court
,
for
the
receiving
of
the
same
.
The
first
part
of
this
Discourse
.
SEeing
that
all
Actions
be
eyther
Civill
,
or
Criminall
,
that
is
,
either
concerning
Right
,
or
Revenge
;
and
the
Common
Place
heareth
the
Suits
of
Civill
nature
,
and
the
Kings
Bench
receiveth
those
things
that
doe
concerne
Offences
:
It
might
seeme
that
all
manner
of
Suits
(
both
Common
,
and
of
the
Crowne
)
ought
to
be
drawne
in
the
one
or
the
other
of
the
Courts
;
and
that
it
should
be
in
vaine
to
imagine
upon
any
other
Iudgement-place
besides
them
.
But
yet
,
even
as
by
the
usage
of
all
Lawes
it
is
confessed
,
that
in
the
necessitie
of
Civill
Causes
,
and
calamities
of
that
kind
,
recourse
may
be
had
to
the
Praetor
,
or
Chancellor
,
for
aid
against
the
inflexible
rigour
of
the
Common
Law
:
So
likewise
it
is
to
be
granted
,
that
wheresoever
the
ordinarie
Courts
of
Iustice
be
hindered
in
their
course
and
orderly
proceeding
;
or
where
the
Evill
and
Crime
it selfe
is
either
new
in
Device
,
for
which
no
Law
hath
beene
yet
provided
;
or
where
the
Mischiefe
doth
surmount
the
common
growth
so
farre
,
that
standing
Law
hath
no
reach
,
nor
condigne
punishment
,
to
make
it
exemplarie
;
there
,
and
in
such
cases
,
helpe
and
supply
must
elsewhere
be
sought
,
and
found
;
or
otherwise
,
Iustice
must
limpe
on
the
better
legge
,
and
must
let
Offenders
to
escape
,
and
passe
unpunished
.
Now
,
albeit
these
Offences
be
variable
,
and
infinite
in
their
sundry
sorts
,
according
to
the
changeable
and
bottomelesse
Devices
and
Draughts
of
those
wicked
Artificers
,
out
of
whose
Shops
they
be
sent
;
so
as
I
may
truly
say
with
the
Poet
,
Non
,
mihi
si
linguae
centum
,
sint
oraque
centum
.
Fetrea
vax
,
omnes
scelerum
comprehendere
formas
,
Omnia
poenarum
percurrere
nomina
possem
.
Yet
,
to
the
end
that
they
may
in
some
open
manner
be
detected
,
I
will
endeavour
to
containe
them
●ll
within
some
of
these
generall
●ounds
that
doe
ensue
.
The
sundry
sorts
of
extraordinarie
Criminall
Causes
.
AS
all
these
extraordinarie
Causes
be
in
their
owne
nature
Criminall
,
and
not
Civill
;
so
all
these
Criminall
doe
proceed
either
from
Fraud
,
or
Force
,
or
from
them
both
mixed
together
;
and
likewise
they
be
all
committed
either
by
publike
or
private
persons
,
and
sometimes
against
the
one
and
other
,
sometimes
against
the
other
of
them
.
The
Offences
of
publike
persons
.
BY
the
misdemeanours
of
publike
men
,
and
Officers
,
that
are
forged
out
of
fraud
,
and
wilinesse
;
I
meane
the
Corruptions
of
the
Iudges
of
any
Courts
,
of
the
Iustices
of
Peace
,
and
whatsoever
other
Commissioners
,
or
Delegates
,
that
either
for
Covetousnesse
in
themselves
,
or
through
Friendship
,
or
Hatred
towards
any
of
the
parties
,
will
dip
their
owne
fingers
in
the
Suits
that
depend
before
them
;
and
will
be
seene
more
like
to
affectionate
Advocates
,
or
Parties
,
than
to
sincere
and
indifferent
Iudges
;
either
racking
Law
too
long
,
that
it
may
overreach
the
one
side
;
or
shrinking
it
too
short
,
that
the
benefit
thereof
shall
not
extend
to
the
other
side
;
or
otherwise
,
indirectly
abusing
the
course
of
their
Courts
,
or
leaping
the
Pale
of
integritie
,
and
Iustice
;
within
the
limits
or
bounds
whereof
,
they
ought
to
have
and
keepe
them
.
And
in
this
part
,
as
some
may
slyly
●buse
those
good
gifts
,
in
respect
of
●hich
they
are
called
to
the
Magi●racie
;
so
other-some
sticke
not
to
●se
meanes
both
forcible
and
sub●ll
,
for
the
winning
of
their
wills
:
thinking
,
that
for
then
apparant
Nobilitie
,
ancient
Gentrie
,
large
Possessions
,
overflowing
Riches
,
or
store
of
Friends
,
(
joyned
with
the
Roomes
of
high
Authoritie
,
that
they
have
above
their
Neighbours
)
no
passage
ought
to
bee
fore-closed
against
them
;
howsoever
it
lead
both
to
the
discredit
of
themselves
,
and
to
the
danger
or
undoing
of
other
men
.
Now
,
howsoever
there
be
no
ordinarie
Medicine
of
Lawes
for
infinite
particular
Maladies
,
that
becaused
of
these
evill
humours
;
yet
I
doubt
not
,
but
that
all
wise
Men
will
readily
acknowledge
,
that
there
is
not
any
one
kind
of
Example
,
proceeding
from
any
Court
of
ordinarie
resort
,
that
can
be
more
fruitful
or
beneficiall
to
the
Common
good
than
it
shall
be
by
some
stately
Authoritie
,
to
checke
the
insolencies
an●
outrages
(
if
any
such
shall
happen
of
the
Iudges
,
Iustices
,
and
other
men
that
be
great
by
their
places
,
and
Authoritie
;
for
thereby
both
themselves
may
be
either
amended
,
or
removed
;
their
equalls
shall
be
taught
to
beware
,
to
take
heed
,
and
their
inferiours
shall
quake
for
feare
,
when
seeing
their
betters
condignely
punished
,
they
can
promise
to
themselves
no
hope
of
escape
,
or
impunitie
.
The
Misdemeanors
of
private
Men
.
ON
the
other
side
,
the
private
and
meaner
sort
of
men
,
wanting
the
furniture
of
Authoritie
,
and
of
sundry
other
Advantages
,
wherewith
the
great
ones
are
apparelled
,
doe
beat
their
braines
for
the
find●ng
out
of
shifts
and
subtilties
,
and
doe
for
the
most
part
lay
Hookes
,
●nd
make
Traps
as
it
were
for
the
taking
,
intangling
,
and
snaring
of
silly
and
simple
folks
.
And
hereof
spring
those
so
many
cunning
Cosenages
;
crafty
reaches
,
undermining
devices
,
subtile
complots
,
counterfeit
drifts
,
and
fraudulent
fetches
;
the
Egges
whereof
be
laid
sometimes
by
desire
of
money
,
and
sometime
by
thirst
of
revenge
,
but
be
alwayes
,
or
for
the
most
part
hatched
by
Perjurie
,
Briberie
,
and
Corruption
,
and
are
wholly
addressed
to
the
discredit
of
the
good
name
of
some
,
to
the
detriment
of
others
in
their
Goods
and
Fortunes
,
and
to
the
great
danger
,
and
hazard
of
the
bodie
and
life
of
many
a
man
.
And
here
againe
it
is
not
meet
and
just
,
that
when
the
wicked
sort
of
men
have
excogitated
any
thing
with
great
Labour
of
wit
and
cunning
,
so
as
it
may
seeme
they
have
drawne
a
quintessence
of
mischiefe
,
and
set
the
same
abroach
,
to
the
remedilesse
hurt
of
the
good
and
quiet
Subject
;
Is
it
not
meet
(
I
say
)
that
Authoritie
it selfe
also
,
which
is
the
ordinance
of
God
,
for
the
defence
of
the
one
,
and
punishment
of
the
other
,
should
straine
the
line
of
Iustice
beyond
the
ordinarie
length
and
wonted
measure
,
and
thereby
take
exquisite
avengement
upon
them
for
it
?
yea
is
it
not
right
necessarie
,
that
the
most
godly
,
honourable
,
wise
,
and
learned
persons
of
the
Land
,
should
be
appealed
unto
,
that
they
may
apply
new
remedies
for
these
new
diseases
,
and
that
they
may
be
prayed
to
whet
,
and
exercise
the
edge
of
their
honourable
Authorities
,
excellent
Wisdomes
,
and
gifts
of
the
highest
learning
against
such
divellish
imposters
,
mischievous
deceivers
,
and
most
dangerous
Sycophants
?
No
lesse
reason
it
is
also
,
that
all
such
good
and
upright
Iustices
,
Commissioners
,
Officers
,
and
whatsoever
publike
persons
,
as
without
seeking
any
by-paths
,
or
starting
holes
,
doe
walke
Regia
via
in
their
severall
duties
,
(
and
yet
neverthelesse
be
assailed
by
the
evill
tongues
,
oppugned
by
the
injurious
wrenches
,
or
discomforted
by
the
unruly
countenances
of
insolent
men
)
should
have
some
place
whereunto
,
in
default
of
common
helpe
,
they
may
flye
for
refuge
,
as
to
a
certaine
Sanctuarie
,
and
holy
Anchor
,
and
where
they
may
shrowd
themselves
in
their
innocencie
,
and
finde
the
defence
of
their
Authoritie
at
the
hands
of
them
,
by
whose
gift
,
meanes
,
or
commendation
they
first
received
the
same
.
The
apparant
lacke
of
ordinarie
Helpe
.
BVt
lest
it
be
said
unto
me
,
that
these
things
be
not
hid
from
the
Wisdome
of
the
standing
Law
,
which
hath
also
opened
remedie
by
way
of
ordinarie
jurisdiction
in
whatsoever
evills
of
these
kindes
,
it
shall
be
meet
for
the
more
manifestation
of
that
which
I
intend
,
to
fall
to
some
more
specially
,
and
to
exemplifie
my
whole
conceit
,
by
giving
a
true
taste
of
all
in
these
few
heads
of
particular
cases
.
1
If
therefore
such
a
one
as
hath
Iura
regalia
,
will
denie
originall
Writs
,
or
other
meanes
of
Iustice
.
2
If
one
that
hath
a
judiciall
place
,
shall
by
corruption
mis-lead
the
whole
course
of
an
Evidence
given
to
a
Iurie
that
is
charged
before
him
,
or
shall
pleasingly
heare
the
proofes
of
the
one
partie
,
and
peremptorily
cut
off
the
other
,
whereby
the
truth
of
their
controversie
is
not
brought
to
light
.
3
If
a
good
and
serviceable
Iudge
,
Iustice
,
or
Officer
shall
bee
baited
,
and
bitten
with
libells
and
slanders
that
be
not
actionable
.
4
If
a
Iustice
of
peace
shall
bee
contemptuously
despised
,
and
offered
indignities
,
for
which
no
private
Action
will
bee
maintained
.
5
If
one
shall
attempt
to
coyne
monie
,
and
shall
be
deprehended
in
the
doing
thereof
before
he
hath
performed
it
.
6
If
a
Counseller
at
the
Law
shall
give
advice
standing
with
the
Learning
at
Law
,
and
yet
tending
onely
to
vexation
,
delay
of
Iustice
,
or
deceit
of
private
persons
,
or
to
the
defrauding
of
the
Queenes
Majestie
in
her
lawfull
Prerogative
,
or
to
the
breaking
of
a
good
and
wholesome
Statute-Law
.
7
If
a
man
of
behaviour
and
countenance
,
shall
secretly
practice
with
others
for
the
beating
or
murthering
of
any
other
person
,
and
bringeth
it
not
to
effect
.
8
If
Cities
,
Townships
,
Colledges
,
or
other
Corporations
,
shall
wilfully
wrangle
,
and
factiously
rent
themselves
in
sunder
,
whereby
their
whole
politique
body
shall
be
hindered
,
or
otherwise
become
unprofitable
;
or
shall
causelesly
discountenance
,
or
displace
any
honest
person
of
their
company
.
9
If
one
private
member
of
such
a
body
,
shall
by
vexation
in
Law
so
unquiet
the
Head
,
and
all
the
rest
of
the
Companie
,
that
they
cannot
apply
their
common
calling
.
10
If
Wilfull
perjurie
be
committed
by
any
person
,
in
case
where
no
Indictment
lyeth
,
nor
Action
upon
the
Statute
of
Perjurie
may
be
maintained
.
11
If
a
man
should
accuse
another
to
the
Queenes
Majestie
,
for
speaking
words
against
her
,
and
cannot
maintaine
the
accusation
.
12
If
a
man
shall
wilfully
offend
a
Proclamation
made
by
her
Majestie
upon
urgent
cause
,
for
a
time
onely
,
and
untill
that
Law
by
Parliament
may
be
provided
.
13
If
the
Iurie
,
or
Homage
in
a
Court
Baron
,
will
passe
against
plaine
Evidence
,
in
a
Plaint
of
Aiel
Formedone
,
or
such
like
.
14
If
a
Grand
Iurie
will
,
against
their
Evidence
,
finde
Ignoramus
;
or
a
Iurie
for
Life
,
or
Death
,
will
finde
a
hainous
murtherer
to
be
Not
guiltie
.
15
If
an
Officer
that
ought
to
be
sworne
,
will
exercise
his
Office
,
without
any
Oath
taken
by
him
.
16
If
a
lewd
fellow
shall
counterfeit
,
upon
a
Writ
of
Covenant
,
the
Officers
Hands
,
to
deceive
her
Maiestie
of
her
due
Fine
;
or
the
Hand
of
her
Atturney
Generall
,
for
the
better
passing
of
a
Pardon
;
or
shall
set
the
Name
of
a
Counsellor
to
a
Bill
in
Chancerie
,
without
his
privitie
and
knowledge
.
17
If
one
that
is
sued
upon
a
Title
of
Lease
for
yeeres
,
be
outlawed
,
and
hath
his
Pardon
,
and
yet
will
conceale
his
Pardon
,
and
cause
his
Chattels
to
be
seized
for
the
Queene
,
and
then
procure
them
to
be
committed
to
a
friend
of
his
.
18
If
a
man
will
suborne
some
to
appeare
for
others
as
Defendants
,
in
a
Criminall
Cause
.
19
If
a
coozening
Crew
shall
entice
a
young
man
to
the
companie
of
a
woman
,
and
cause
him
to
be
deprehended
by
one
that
pretendeth
to
be
her
Husband
;
and
so
,
for
his
redemption
,
be
sealeth
Leases
of
his
Lands
,
and
maketh
Gifts
of
his
Goods
:
If
(
I
say
)
any
of
these
,
or
the
like
misdemeanours
,
(
whereof
the
number
is
infinite
)
shall
be
committed
,
I
see
not
how
they
may
be
chastised
by
the
Rod
of
any
ordinarie
Authoritie
,
standing
Law
,
or
Statute
.
And
therefore
,
considering
that
they
tend
(
though
in
divers
degrees
)
to
the
dishonour
of
God
,
the
contempt
of
her
Royall
Majestie
,
the
disturbance
of
the
Common
peace
,
and
the
disherison
,
danger
,
&
death
of
good
Subjects
;
I
suppose
,
that
no
man
will
be
either
so
wicked
,
as
to
affirme
,
that
they
ought
not
to
be
punished
;
or
so
unadvised
,
as
to
hold
,
that
the
ancient
and
godly
Policie
of
this
Kingdome
,
and
Commonwealth
,
hath
not
left
the
meanes
to
bring
them
into
Iudgement
:
For
howsoever
the
Nationall
,
Civill
,
or
Positive
Lawes
of
particular
People
and
Countries
(
which
doe
worke
upon
Generalities
,
and
must
therefore
faile
in
many
Specialls
)
doe
not
provide
punishment
for
all
sorts
of
evils
that
may
arise
;
yet
may
it
not
be
doubted
,
but
that
the
Iustice
of
God
(
whereof
the
Law
of
Humanitie
,
Reason
,
and
Nature
hath
some
remnants
saved
for
us
,
from
that
great
shipwracke
of
our
first
Parent
Adam
)
doth
keepe
correction
in
store
for
them
.
And
therefore
let
us
rather
enquire
,
who
it
is
that
both
may
and
ought
to
award
this
correction
and
chastisement
for
the
same
.
The
second
Part
:
Enquiring
who
is
Iudge
of
these
extraordinarie
Criminalls
.
I
Shall
not
need
to
repeat
that
which
I
have
before
this
time
opened
,
touching
the
beginning
of
the
Kingly
Power
,
and
Authoritie
,
for
the
deliverie
of
Iustice
to
all
the
sorts
,
The
King
.
and
in
all
the
Suits
of
his
Subjects
.
But
I
will
confirme
by
proofes
drawn
out
of
our
Countrie
Lawes
,
and
Lawyers
,
that
the
selfe-same
general
jurisdiction
is
appropriated
to
all
the
Kings
of
this
Realme
of
England
.
Master
Henry
Bracton
,
that
lived
in
the
time
of
King
Henry
the
third
,
hath
in
the
ninth
and
tenth
Chapter
of
his
Booke
,
these
words
following
:
Rex
(
&
non
alius
)
debet
judicare
,
si
solus
ad
id
sufficere
possit
:
cum
ad
hoc
per
veritatem
sacramenti
teneatur
astrictus
.
Excercere
igitur
debet
Rex
potestatem
Iuris
,
sicut
Dei
Vicarius
,
&
Minister
in
terra
.
Sin
Dominus
Rex
ad
singulas
causas
determinandas
non
sufficiat
,
ut
levior
sit
illi
labor
in
plures
personas
,
partito
onere
eligere
debet
viros
sapientes
,
&
timentes
Deum
,
&
ex
illis
constituere
Iusticiarios
.
The
words
doe
prove
two
things
serviceable
for
this
purpose
:
First
,
That
the
King
ought
onely
to
be
the
Iudge
of
his
people
,
(
if
he
alone
were
able
to
performe
that
Office
)
as
well
because
hee
is
within
his
owne
Kingdome
the
Vice-roy
of
God
,
(
the
supreme
Iudge
of
the
World
)
as
also
for
that
hee
is
thereunto
bounden
by
Oath
,
taken
at
the
Coronation
.
The
second
,
That
albeit
he
doe
(
for
the
multitude
of
Causes
)
substitute
others
underneath
him
,
yet
is
hee
not
thereby
discharged
himselfe
;
for
it
is
done
,
ut
levior
sit
illi
labor
,
that
his
labour
be
the
lighter
;
not
,
that
he
should
sit
unoccupied
.
And
lest
you
should
doubt
,
that
so
much
is
not
comprised
in
that
Oath
of
his
,
one
question
therein
,
amongst
others
,
is
this
;
Facies
fieri
in
omnibus
Iudiciis
tuis
aequam
,
&
rectam
Iustitiam
,
&
discretionem
in
misericordia
&
veritate
secundum
vires
tuas
:
To
the
which
hee
answereth
,
faciam
:
wherein
the
words
,
Iudiciis
tuis
,
&
vires
tuas
,
doe
more
properly
denote
his
owne
doing
,
than
the
doing
of
his
subalterne
Iustices
;
albeit
their
Iudgement
be
after
a
certaine
manner
,
the
Iudgement
of
the
King
himselfe
also
,
from
whence
their
Authoritie
is
derived
.
Much
like
the
words
of
Bracton
,
speaketh
King
Edward
the
first
,
in
the
beginning
of
his
Book
of
Lawes
,
commonly
called
Brittan
:
where
,
after
hee
had
shewed
that
hee
is
the
Vicar
of
God
,
and
that
he
hath
distributed
his
Charge
into
sundry
portions
,
because
he
alone
is
not
sufficient
to
heare
and
determine
all
complaints
of
his
people
;
then
he
addeth
these
words
:
Nous
volons
que
nostre
Iurisdiction
soit
sur
touts
Iurisdictions
en
nostre
Realme
:
Iffentque
en
touts
maners
de
Felonies
,
Trespas
,
Contracts
,
&
en
touts
maners
de
autres
actions
personals
,
ou
real
ayons
poer
arendre
,
&
faire
rendre
les
Iudgments
tiels
come
ils
afferont
sans
auter
processe
,
par
la
ou
nous
sçcavous
la
droit
verite
come
Iuges
:
Wee
will
(
saith
the
King
)
that
our
owne
Iurisdiction
be
above
all
the
Iurisdiction
of
our
Realme
:
So
as
in
all
manner
of
Felonies
,
Trespasses
,
Contracts
,
and
in
all
other
Actions
personalls
or
realls
,
we
have
power
to
yeeld
(
or
cause
to
yeeld
)
such
Iudgements
as
doe
appertaine
(
without
other
Processe
)
wheresoever
wee
know
the
right
truth
,
as
Iudges
.
Neither
may
this
be
taken
to
be
meant
of
the
Kings
Bench
,
where
there
is
only
an
imaginarie
presence
of
his
Person
;
but
it
must
necessarily
be
understood
of
a
Iurisdiction
remaining
,
and
left
in
the
Kings
Royall
Body
and
Brest
,
distinct
from
that
of
his
Bench
,
Marshalsey
,
Common
Pleas
,
Exchequer
,
and
the
other
ordinarie
Courts
:
because
he
doth
immediately
after
,
in
the
same
place
,
severally
set
forth
by
themselves
,
as
well
the
Authoritie
of
the
Kings
Bench
,
as
of
the
rest
of
those
his
ordinarie
Courts
of
Iustice
.
And
that
this
was
no
new-made
Law
,
or
first
brought
in
by
the
Norman
Conquest
,
I
must
put
you
in
mind
of
that
which
I
have
vouched
before
,
out
of
the
Saxon
Lawes
of
King
Edgar
,
where
you
did
reade
it
thus
:
Nemo
in
lite
Regem
appellato
,
nisi
quando
domi●us
consequi
non
poterit
,
sin
juris
summi
onere
domi
prematur
,
ad
Regem
ut
is
id
oneris
allevet
,
provocato
:
Let
no
man
in
Suit
appeale
to
the
King
,
unlesse
he
may
not
get
right
at
home
;
but
if
that
right
be
too
heavie
for
him
,
goe
to
the
King
to
have
it
eased
.
By
which
it
may
evidently
appeare
,
that
even
so
many
yeeres
agoe
there
might
Appellation
be
made
to
the
Kings
Person
,
whensoever
the
Cause
should
enforce
it
.
The
Kings
Councell
.
BVt
now
although
I
speake
here
expressely
of
the
Kings
person
,
yet
I
meane
not
so
precisely
,
as
though
that
either
the
King
ought
to
performe
these
Iudgements
in
his
owne
person
alone
,
or
that
hee
must
of
necessitie
be
present
in
person
,
whensoever
others
shall
accomplish
them
on
his
behalfe
.
Only
I
doe
affirme
,
that
the
King
hath
a
supreme
Court
of
Prerogative
,
whereunto
his
Subjects
in
such
their
necessities
may
provoke
,
as
to
his
owne
Royall
person
;
and
wherein
there
is
place
left
for
him
to
sit
,
the
which
our
Kings
in
person
have
oftentimes
frequented
,
and
were
assisted
with
such
men
of
Nobilitie
,
Wisedome
,
and
Learning
,
as
he
shall
chuse
,
he
may
in
Royall
presence
use
his
judiciall
Authoritie
,
or
otherwise
for
the
time
abstaine
to
be
present
there
,
and
leave
the
proceedings
to
those
selected
men
:
but
yet
so
,
as
both
the
suits
bee
exhibited
to
himselfe
by
name
,
and
that
he
also
receive
intelligence
thereof
when
as
it
shall
be
requisite
:
and
these
men
thus
taken
for
their
counsell
and
advice
,
wee
doe
commonly
call
The
Kings
Councell
;
which
words
forasmuch
as
it
is
diversly
used
in
our
Law
,
and
doth
not
alwayes
import
the
same
thing
,
it
shall
be
fit
in
some
few
words
to
distinguish
the
significations
,
and
sorts
thereof
.
The
generall
Assembly
in
Parliament
,
is
termed
in
our
old
Writs
,
Commune
Consilium
Regni
Angliae
,
the
Common
Councell
of
the
Realme
of
England
,
called
together
by
the
King
,
for
advice
in
matters
concerning
the
whole
Realme
:
of
which
Assemblie
,
some
be
Counsellors
by
Birth
,
as
the
Barons
;
some
by
Succession
,
as
the
Bishops
;
and
some
by
Election
,
as
Knights
and
Burghesses
;
and
these
be
all
(
for
the
time
)
the
Kings
Councell
.
The
Masters
of
the
Requests
also
,
which
doe
hold
Plea
of
Complaints
exhibited
for
Equitie
to
his
owne
person
,
be
according
to
the
usuall
forme
of
writing
there
,
named
the
Kings
Councell
.
And
besides
both
these
,
there
is
another
Councell
of
the
King
,
whereof
there
is
mention
made
by
name
both
in
the
Statute
37.
Edward
3.
cap
.
18.
which
I
reserve
to
be
hereafter
recited
for
another
purpose
,
and
likewise
in
one
agreement
of
an
Exchange
,
had
for
the
Castle
of
Berwicke
,
betweene
King
Henry
the
fourth
,
in
the
5.
yeere
of
his
Reigne
,
and
the
Earle
of
Northumberland
,
where
the
King
promiseth
to
deliver
to
the
Earle
,
Lands
and
Tenements
to
the
value
of
the
Castle
,
by
these
words
,
Per
avise
&
assent
des
Estates
de
son
Royalme
,
&
de
son
Parlement
(
perains●
que
Parlement
soit
devant
le
Feast
de
St.
Lucie
)
ou
auterment
per
assent
de
son
grand
Counseil
,
&
auters
Estates
de
son
dit
Realme
,
que
le
Roy
ferra
assembler
devant
le
dit
Feast
en
case
que
le
Parlement
ne
soit
,
&c.
That
is
;
By
the
advice
and
assent
of
the
Estates
of
his
Realme
,
and
of
his
Parliament
,
(
so
that
the
Parliament
happen
before
the
Feast
of
St.
Lucie
;
)
otherwise
,
by
the
assent
of
his
Great
Councell
,
and
other
Estates
of
his
said
Realme
,
which
the
King
will
cause
to
bee
assembled
before
the
said
Feast
,
in
case
the
Parliament
doe
not
happen
,
&c.
as
in
the
instrument
thereof
,
Dated
at
Lichfield
27.
of
August
,
in
that
yeere
,
and
remaining
in
the
Tower
,
may
be
read
.
By
which
words
it
is
plaine
,
that
there
is
a
Great
Councell
besides
the
Parliament
,
which
no
doubt
,
is
the
same
whereof
the
Statute
(
made
afterwards
in
the
13.
yeere
of
the
same
King
Henry
4.
chap.
7.
against
Riots
,
doth
specially
speake
,
commanding
,
that
where
the
truth
of
a
Riot
may
not
be
found
by
the
inquirie
of
twelve
men
,
there
the
Iu●tices
of
the
peace
,
and
Sheriffe
,
or
Vnder-Sheriffe
shall
certifie
before
●he
King
and
his
Councell
all
the
●eeds
and
circumstances
thereof
:
which
speech
cannot
be
meant
,
ei●her
of
the
Chancerie
,
or
of
the
Kings
Bench
,
because
the
latter
is
distinguished
from
it
by
expresse
words
of
the
same
Statute
,
and
the
former
was
afterward
8.
Hen
.
6.
cap
.
14.
en●bled
to
receive
Certificats
of
this
●inde
,
by
the
Letters
of
the
same
●ustices
and
Sheriffe
or
Vnder-sheriffe
.
This
Councell
of
the
King
,
consisteth
onely
of
persons
thereunto
especially
elected
by
himselfe
,
and
thereupon
sworne
to
serve
him
with
their
faithfull
advice
and
counsell
;
and
whether
they
be
Nobles
,
or
no
,
it
is
not
materiall
,
seeing
that
the
Calling
commeth
not
by
Birth
,
but
groweth
by
Election
;
so
as
it
excludeth
all
that
be
not
admitted
:
A
thing
that
may
well
appeare
,
not
onely
by
the
speciall
forme
of
their
Oath
,
by
the
number
of
themselves
(
distinctly
knowne
to
bee
more
or
lesse
at
sundry
times
)
by
keeping
in
Record
the
entrie
of
their
severall
Names
,
and
by
the
Fee
that
each
of
them
doth
ratably
pay
after
his
degree
when
he
is
admitted
:
but
also
by
experience
of
former
times
,
and
not
without
some
example
of
Execution
in
our
owne
Age
:
And
the●
also
of
this
Councell
of
the
King
have
bin
diversly
termed
some
of
th●
Privie
Councell
,
for
that
they
were
more
inwardly
and
secretly
used
it
matters
of
Estate
:
Besides
,
tha●
they
were
ordinarily
imployed
also
upon
other
causes
with
the
rest
that
have
beene
called
of
Councell
at
large
.
For
whereas
it
is
reported
in
Dorso
clauso
de
Anno
16.
Edwar
.
2.
Membr
.
5.
That
Henry
the
Lord
Beaumont
was
for
his
unreverent
speeches
to
the
King
,
commanded
out
of
the
Councell-house
,
it
is
there
said
withall
,
that
he
was
Iuratus
de
magno
&
secreto
Consilio
Regis
;
howbeit
they
both
are
for
this
our
purpose
,
that
great
Councell
of
the
King
whereof
I
spake
even
now
,
and
be
so
incorporate
with
him
,
as
hee
speaketh
by
them
,
and
their
Iudgements
are
reputed
to
bee
his
owne
:
To
which
I
may
the
more
boldly
affirme
,
when
I
read
2.
Rich
.
3.11
.
&
18.
Hen
.
8.1
.
That
Fynes
assessed
by
the
Kings
Iustices
of
any
Court
,
are
to
be
understood
to
bee
Fynes
adjudged
by
the
King
himselfe
.
And
thus
now
have
I
both
shewed
and
confirmed
who
it
is
that
ought
to
hearken
to
these
complaints
.
The
Conflicts
betweene
the
Law
absolute
and
ordinarie
.
BVt
here
have
I
mightie
Adversaries
to
encounter
withall
;
the
which
maintaining
with
their
whole
Forces
the
ordinarie
Iurisdiction
,
will
in
no
wise
yeeld
to
any
such
absolute
and
unbridled
Authoritie
,
as
I
may
seeme
to
advance
.
And
therefore
first
of
all
,
that
Great
Charter
of
the
Liberties
of
England
,
(
which
I
may
call
the
first
Letters
of
Manumission
of
the
people
of
this
Realme
out
of
the
Norma●
servitude
)
doth
by
the
Mouth
of
the
King
(
amongst
many
other
Freedomes
)
specifie
this
one
:
Nullus
liber
homo
capiatur
,
vel
imprisonetur
,
aut
disseisietur
de
libero
tenemento
su●
,
vel
libertatibus
,
vel
liberis
consuetudinibus
suis
,
aut
utlagetur
,
ut
exuletur
,
aut
aliquo
modo
destruatur
,
nec
super
eum
ibimus
,
nec
super
eum
mittemus
,
nisi
per
legale
judicium
parium
suorum
,
vel
per
Legem
terrae
.
By
pretence
of
which
Grant
,
the
common
Subject
thought
himselfe
free
from
that
irregular
Power
which
the
former
Kings
and
their
Councell
of
Estate
had
exercised
upon
him
;
and
phantasied
,
that
he
ought
not
thenceforth
to
be
drawne
to
answer
in
any
Case
,
except
it
were
by
way
of
Indictment
,
or
by
tryall
of
good
and
lawfull
men
(
being
his
Peeres
)
onely
after
the
course
of
the
Common
Law
:
Whereas
indeed
,
these
words
of
the
Statute
ought
to
be
understood
of
the
restitution
then
made
of
the
ordinarie
Iurisdiction
in
common
Controversies
,
and
not
for
restraint
of
the
absolute
Authoritie
;
serving
onely
in
a
few
rare
and
singular
Cases
:
And
therefore
see
what
followed
;
some
Cases
dayly
creeping
out
of
Suits
,
for
which
no
Law
had
beene
provided
;
and
some
misdemeanours
also
happening
from
time
to
time
,
in
the
distribution
of
those
Lawes
that
were
alreadie
established
.
It
came
to
passe
,
that
many
finding
none
other
helpes
for
their
griefes
,
were
enforced
to
sue
to
the
Kings
Person
it selfe
,
for
remedie
:
And
hee
againe
knowing
himselfe
to
be
the
Chiefe
Iustice
and
Lieutenant
of
God
within
his
owne
Realme
,
thought
himselfe
bound
to
deliver
Iudgement
and
Iustice
,
whensoever
it
should
be
required
at
his
hands
.
The
which
,
for
as
much
as
he
could
not
evenly
,
and
with
uprightnesse
performe
,
unlesse
hee
called
the
adversarie
partie
;
neither
had
he
many
times
;
especially
in
a
new
and
sudden
occurrent
,
any
ordinarie
Writ
,
or
Processe
,
whereby
to
call
him
of
necessitie
;
hee
was
to
resort
to
the
Kingly
and
absolute
Power
againe
,
and
by
his
Pursuivant
,
or
Letters
,
to
convent
him
,
and
then
to
proceed
to
the
hearing
and
determining
of
the
Cause
,
as
to
his
Princely
Office
did
appertaine
.
The
which
thing
was
so
farre
from
offending
the
Subject
for
a
long
time
together
,
that
in
the
Parliament
28.
Edw
.
1.
cap
.
5.
the
Commons
assented
to
an
Act
,
by
which
it
was
provided
,
That
the
Chancellor
and
the
Iustices
of
the
Kings
Bench
should
follow
the
King
wheresoever
hee
went
;
to
the
end
,
that
he
might
alwaies
have
at
hand
men
learned
,
and
able
to
advise
him
in
such
Cases
as
he
admitted
to
his
hearing
.
Neverthelesse
,
(
such
is
the
weaknesse
and
imperfection
of
man
)
the
time
was
not
long
,
but
the
Subject
,
which
so
desirously
fled
to
the
King
and
his
Councell
for
succour
,
did
as
hastily
retire
,
and
run
backe
to
the
ordinarie
Seat
and
Iudge
againe
.
The
which
thing
,
whether
it
happened
by
the
chargeable
and
hard
accesse
to
the
person
of
the
King
,
(
who
could
not
but
be
many
wayes
busied
with
more
important
matters
)
or
by
some
delay
of
Iustice
that
fell
in
his
absence
out
of
the
Realme
,
by
occasion
of
forraine
Warres
,
and
other
Affaires
;
or
by
the
undertaking
of
Causes
,
without
the
advice
and
presence
of
the
said
Councellors
and
Iustices
,
it
needeth
not
any
long
and
curious
inquisition
:
But
this
is
certaine
,
that
within
five
yeeres
next
after
the
beginning
of
the
Reigne
of
King
Edward
the
third
,
it
was
commanded
by
Parliament
,
That
the
forme
of
the
Great
Charter
,
in
this
point
,
should
be
wholly
and
inviolably
observed
.
And
for
the
more
assured
suppression
of
all
attempts
that
might
breake
forth
to
the
contrarie
,
it
was
afterwards
by
the
Parliaments
,
25.
Edward
.
4.
cap
.
4.28
.
Edward
.
3.
cap
.
31.
provided
and
prohibited
,
That
no
man
should
be
put
to
answere
before
the
King
,
or
his
Councell
,
without
presentment
before
the
Iustices
,
due
Processe
,
matter
of
Record
,
and
Writ
originall
,
according
to
the
ancient
Lawes
of
the
Land
.
Moreover
,
for
the
utter
discouragement
and
beating
downe
of
all
such
as
used
to
preferre
unto
the
King
any
Accusations
,
Suggestions
,
or
Petitions
against
other
men
,
further
Law
was
given
by
the
Parliament
,
37.
Edw
.
3.
cap
.
18.
That
they
should
be
sent
with
their
Suggestions
,
before
the
Chancellor
,
Treasurer
,
and
the
Kings
Great
Councell
,
and
should
there
put
in
Sureties
of
Taliation
;
that
is
,
to
incurre
the
same
paine
that
the
other
should
have
,
in
case
the
Suggestion
were
found
untrue
.
But
one
yeeres
experience
made
that
Point
to
be
mollified
,
by
the
making
of
a
new
Law
,
38.
Edward
.
3.
cap
.
9.
which
taking
away
the
Taliation
,
gave
order
,
That
such
false
Suggestors
should
be
imprisoned
onely
,
untill
they
had
both
made
full
agreement
with
the
partie
molested
,
and
Fine
and
Ransome
with
the
King
.
And
then
,
within
a
few
yeeres
after
,
also
these
accusations
grew
still
more
and
more
odious
:
So
that
it
was
decreed
by
the
Parliament
,
42.
Edw
.
3.
cap
.
3.
That
if
any
thing
should
be
done
in
that
behalfe
contrarie
to
the
old
Law
of
the
Land
,
the
same
should
be
void
in
the
Law
,
and
holden
for
errour
.
Neverthelesse
,
these
Complaints
were
yet
againe
afterwards
thought
meet
to
be
admitted
:
And
thereupon
the
Statute
,
17.
Rich
.
2.
cap
.
6.
willed
,
the
Chancellor
alone
should
have
power
,
by
his
discretion
,
to
award
Damages
against
any
person
that
should
make
untrue
suggestion
against
another
,
before
the
Kings
Councell
:
The
which
Authoritie
the
Chancellor
exercised
many
yeeres
together
,
and
untill
at
the
length
his
Writs
of
Subpoena
flew
so
thicke
abroad
,
for
matters
determinable
at
the
Common
Law
,
that
he
also
was
charged
to
exceed
the
bounds
of
Authoritie
delivered
unto
him
:
So
that
the
Parliament
,
15.
Hen
.
6.
cap
.
4.
stayed
the
granting
of
the
Subpoena
,
untill
that
Suretie
were
found
,
to
answer
to
the
partie
grieved
as
well
his
Damages
as
expences
,
if
that
the
matter
could
not
be
made
good
,
that
was
contained
in
the
Bill
of
Complaint
against
him
.
Now
by
the
tossing
of
this
Ball
to
and
fro
,
betweene
the
Councell
and
Commons
,
it
may
at
once
very
well
appeare
on
the
one
side
how
hard
,
and
rare
a
thing
it
is
,
for
great
men
arrayed
with
high
Authoritie
,
to
containe
themselves
within
prefixed
limits
and
pale
of
their
power
,
and
on
the
other
side
,
how
impatient
the
Common
Man
of
this
Realme
hath
alwayes
beene
,
and
without
doubt
yet
is
,
and
ever
will
be
,
to
have
his
Causes
determined
either
at
the
Councell-board
without
open
hearing
,
or
by
absolute
authoritie
,
without
prescribed
rule
of
ordinary
proceeding
;
in
either
of
which
cases
he
is
very
jealous
of
evill
weight
,
and
hard
measure
in
the
former
,
because
hee
is
perswaded
,
that
as
his
controversie
is
not
at
the
first
drawne
from
the
ordinarie
tryall
without
the
speciall
labour
of
his
Adversarie
,
and
for
great
favour
extended
to
him
:
so
hee
feareth
,
that
the
same
good-will
being
once
planted
,
will
continually
possesse
the
roome
,
and
will
prove
prejudiciall
for
him
even
to
the
end
of
his
Suit
and
businesse
in
the
latter
:
because
,
when
he
is
to
be
judged
by
an
irregular
and
uncontroulable
authoritie
,
he
findeth
himselfe
utterly
destitute
of
all
counsel
which
way
to
turne
him
,
since
no
man
of
learning
can
assure
him
before-hand
what
will
be
the
consciences
or
discretion
of
the
Iudges
:
whereas
the
successe
may
easily
be
fore-told
in
most
of
these
other
Controversies
which
come
to
determination
by
ruled
Law
and
bounded
jurisdiction
.
The
Office
of
the
King
.
ANd
thus
whilest
the
King
and
his
Councell
embraced
all
manner
of
Complaints
without
exception
,
It
is
the
Office
of
the
King
,
to
deliver
Iustice
.
the
Subjects
were
thereby
many
times
injuriously
vexed
,
and
put
to
travaile
and
charge
:
So
as
this
repugnancie
tooke
root
betweene
them
,
and
this
Antinomia
(
or
Contrarietie
of
Law
)
did
spring
out
of
the
same
:
The
which
howsoever
in
appearance
it
may
seeme
great
and
irreconciliable
,
yet
if
recourse
may
be
had
to
that
golden
Mediocritie
,
which
both
Religion
,
Reason
,
and
Law
doe
maintaine
in
this
point
,
the
Controversie
will
soon
be
decided
,
and
that
without
any
derogating
from
the
Authoritie
of
the
King
and
his
Councell
,
or
prejudicating
that
lawfull
Freedome
of
the
Subject
,
which
is
claimed
for
him
.
For
as
it
is
inseparably
annexed
to
the
Office
of
a
King
,
to
be
the
Iudge
of
his
people
,
and
as
he
cannot
any
longer
remaine
King
indeed
,
C●sus
in
3.
Polic
.
300.
Cic
.
1.
de
Orat
.
than
he
shall
be
readie
to
deliver
Iudgement
and
Iustice
unto
them
,
which
two
things
Bracton
saith
,
Faciunt
ipsam
Coronam
,
nec
ab
ea
separari
possunt
:
So
how
soever
many
Courts
of
ordinarie
resort
shall
bee
established
by
him
,
yet
if
either
they
have
not
,
as
I
said
,
authoritie
to
apply
Remedie
for
all
wrongs
and
diseases
,
or
if
that
power
and
authoritie
which
they
have
,
may
not
enjoy
her
free
course
and
passage
,
then
must
the
King
either
exercise
his
pre-eminent
and
royal
Iurisdiction
,
or
else
must
the
injuriously
afflicted
be
deprived
of
that
helpe
and
remedie
,
which
both
the
Ordinance
of
God
,
the
Dutie
of
a
Kingly
Iudge
,
and
the
common
Law
of
Nature
and
Reason
doe
afford
unto
him
.
And
on
the
other
side
againe
,
it
is
not
to
be
doubted
,
but
that
if
the
subject
were
once
utterly
barred
of
this
accesse
to
the
person
of
the
King
in
case
of
such
his
distresse
,
he
would
cry
out
upon
the
ordinarie
Law
,
for
the
Authoritie
whereof
he
so
eagerly
striveth
;
and
would
not
sticke
to
lay
to
the
Kings
charge
,
that
hee
bare
the
Sword
in
vaine
;
that
he
kept
not
the
promise
of
the
Great
Charter
;
Nulli
negabimus
aut
differemus
Iustitiam
;
and
that
hee
violated
the
solemne
Oath
and
Vow
of
his
Coronation
,
faciam
fieri
justitiam
.
The
true
moderation
of
Iurisdidiction
absolute
.
WHat
is
then
to
be
said
?
Shall
the
King
and
his
Councell
open
a
Court
for
all
sorts
of
Pleas
that
be
determinable
by
the
course
of
Common
Law
?
that
were
to
set
an
Anomy
,
and
to
bring
disorder
,
doubt
,
and
incertaintie
over
all
:
Shall
no
helpe
at
all
bee
sought
for
at
the
hands
of
the
King
,
when
it
cannot
be
found
in
the
Common
Law
?
that
were
to
stop
his
eares
at
the
crie
of
the
oppressed
,
and
would
draw
wrath
and
punishment
from
Heaven
.
Betweene
these
two
extremes
,
Medio
tutissimus
ibis
,
there
lieth
a
meane
,
that
will
both
uphold
the
Majestie
of
the
King
,
maintaine
the
Authoritie
of
the
Common
Courts
,
and
succour
the
distressed
Client
in
his
greatest
necessitie
.
The
which
,
to
deliver
it
shortly
,
is
this
:
If
the
ordinarie
Iurisdiction
of
the
Common
Court
be
not
hindred
by
this
infinite
authoritie
,
but
onely
where
either
(
as
I
said
)
they
have
no
Warrant
to
receive
the
Plea
,
or
where
the
tenure
of
their
due
proceedings
is
disturbed
;
or
where
the
matter
is
such
,
as
deserveth
to
be
heard
upon
the
highest
Stage
,
or
the
partie
such
,
as
is
unable
to
●un
the
wearisome
race
of
solemne
Law
&
Processe
;
or
where
some
other
rare
,
extraordinary
,
&
weighty
consideration
shall
promote
the
same
.
The
maintenance
of
that
Moderation
.
ANd
this
Mediocritie
is
maintainable
,
not
onely
by
reason
of
the
Kingly
and
judiciall
Office
(
wherof
I
have
oftentimes
spoken
)
but
also
by
the
meaning
of
many
Statutes
,
and
by
the
continuall
practice
of
our
owne
Kings
.
For
whereas
the
Statute
27.
Edw
.
3.
cap
.
13.
did
provide
,
that
if
any
Merchant
were
robbed
at
the
Sea
of
his
goods
,
and
the
same
came
to
the
hands
of
any
person
within
the
Realme
,
the
Merchant
should
bee
received
,
to
prove
the
goods
to
bee
his
owne
,
either
by
the
Marke
,
Chartre
party
,
or
Cocket
,
or
by
the
testimonie
of
good
Merchants
;
and
thereupon
they
should
be
delivered
unto
him
,
●3
.
Ed
4.9
.
without
any
Suit
at
the
Common
Law
.
It
was
construed
,
that
the
Remedie
in
such
a
case
was
to
be
had
at
the
hands
of
the
King
.
And
therefore
Richard
the
third
,
in
the
2.
yeere
of
his
Reigne
,
sate
in
person
with
his
Councell
,
and
heard
the
cause
of
a
Spanish
Merchant
,
that
sued
before
him
upon
the
same
Statute
,
and
in
the
Statutes
,
13.
Hen
.
4.
cap
.
7.19
.
Henry
7.
cap
.
13.31
.
Hen
.
6.
cap
.
2.
and
others
,
doe
make
mention
of
the
King
,
and
his
Councell
:
it
is
not
so
to
be
wrested
,
as
though
they
then
erected
any
new
authoritie
,
but
onely
had
regard
to
that
which
was
before
.
Againe
,
in
that
the
Commons
of
the
Realme
assented
first
in
the
Parliament
,
28.
Edward
1.
cap
.
5.
that
the
Chancellor
and
Chiefe
Iustices
should
attend
the
King
with
their
advice
upon
these
Complaints
:
then
in
the
Parliament
37.
Edward
3.
cap
.
18.
that
these
Petitioners
should
put
in
Suerties
of
Taliation
.
After
that
,
in
the
Parliament
38.
Edward
3.
cap
.
9.
that
they
should
bee
imprisoned
till
they
satisfied
the
King
,
and
the
party
of
their
false
suggestions
.
And
lastly
,
in
the
Parliament
17.
Richard
2.
cap
.
6.
that
damages
onely
should
be
awarded
against
them
.
It
is
in
all
these
,
I
say
,
covertly
confessed
,
that
Complaints
upon
just
Causes
might
be
moved
before
the
King
and
his
Councell
,
and
that
the
Commons
of
the
Realme
sought
onely
to
be
delivered
from
troubles
and
costs
that
grew
by
unjust
accusations
:
Which
also
is
made
plaine
in
that
Petition
of
the
Commons
(
of
Parliament
1.
Henry
6.
Numb
.
41.
in
the
Records
)
where
they
prayed
,
That
none
should
be
called
before
the
Chancellor
,
or
the
Kings
Councell
,
for
any
matter
,
but
such
onely
as
had
no
remedie
at
the
Common
Law
;
and
in
such
case
also
,
by
the
testimonie
of
an
Indenture
,
to
be
made
betweene
the
Plaintifes
and
two
of
the
Iudges
of
either
Bench
.
And
albeit
the
Commons
have
seemed
in
some
other
Parliaments
generally
,
and
without
any
exception
,
to
impugne
this
Kingly
Prerogative
;
yet
here
the
Kings
alwayes
most
gravely
and
considerately
repelled
that
sort
of
attempt
:
As
,
when
in
the
Parliament
begun
at
Glocester
,
2.
Richard
.
2.
the
Commons
made
a
Supplication
to
the
King
,
That
no
Writ
out
of
the
Chancerie
,
or
Letter
of
Privie
Seale
,
might
be
directed
,
to
make
any
appeare
before
the
Kings
Councell
,
or
others
,
to
answer
touching
his
Free-hold
;
but
that
the
Common
Law
of
the
Land
bee
maintained
,
to
have
her
full
course
:
The
King
then
answered
,
That
he
thought
it
not
reasonable
,
that
he
should
be
restrained
to
send
for
his
Lieges
upon
cause
unreasonable
.
And
albeit
he
did
not
purpose
,
that
such
as
were
so
sent
for
,
should
answer
Finalment
peremptorily
touching
their
Free-hold
,
but
should
be
demanded
for
tryall
thereof
,
as
Law
required
it
:
Purvie
touts
voyes
que
a
Suits
de
partie
,
ou
le
Roy
&
son
Counceil
seroit
creablement
enformees
,
que
(
pur
Maintenances
,
Oppressions
,
&
autres
outrages
dascun
en
pais
)
le
Common
Ley
ne
purra
avoyer
duement
son
course
,
que
en
tiel
case
le
Counceil
purra
envior
pur
le
person
,
pur
luy
metre
a
response
de
sa
misprision
:
&
à
leur
bon
discretion
de
luy
compeller
à
faire
suertie
perserement
,
&
in
autre
maner
de
son
bon
partie
,
&
que
il
ne
ferra
maintenance
ne
autre
riens
que
purra
disturber
le
course
del
Common
Ley
in
oppression
du
peuple
.
Provided
alwayes
,
(
saith
he
)
That
at
the
Suit
of
the
partie
,
where
the
King
and
his
Councell
shall
be
credibly
informed
,
that
(
because
of
Maintenances
,
Oppressions
,
or
other
Outrages
of
any
persons
in
the
Countrey
)
the
Common
Law
cannot
have
her
course
;
in
such
case
,
the
Councell
may
send
for
the
partie
upon
whom
the
Complaint
is
made
,
to
make
his
answer
for
his
contempt
:
and
furthermore
,
by
their
good
discretion
to
compell
him
to
finde
Sureties
by
Oath
,
or
in
other
manner
,
for
his
good
behaviour
;
and
that
he
shall
not
by
himselfe
,
or
by
any
other
,
commit
Maintenance
,
or
other
thing
,
which
may
disturbe
the
course
of
the
Common
Law
.
And
likewise
,
when
as
the
Commons
in
the
Parliament
holden
at
Westminster
in
the
13.
yeere
of
the
same
King
,
did
pray
,
That
upon
pain
of
a
forfeiture
,
the
Chancellour
or
Councell
of
the
King
should
not
,
after
the
end
of
the
Parliament
,
make
any
Ordinance
against
the
Common
Law
,
or
the
ancient
Customes
or
Statutes
of
the
Land
;
nor
make
any
Writ
called
Quibusdam
certis
de
causis
,
for
the
answering
in
any
sort
,
where
Recoverie
is
given
by
the
Common
Law
,
but
that
the
Common
Law
should
run
wholly
amongst
all
the
people
;
and
that
no
Iudgement
given
should
be
adnulled
,
without
due
processe
of
the
Law
.
The
King
then
answered
thus
:
Soit
use
come
ad
estre
use
devant
ses
heures
issint
,
que
la
Regalie
du
Roy
soit
sauve
;
car
le
Roy
voit
saver
sa
Regalie
come
ses
progenitors
ont
fait
devant
luy
:
&
si
ascun
soyent
grieve
,
monstre
en
special
,
&
droit
luy
serra
fait
.
Let
it
be
used
(
saith
the
King
)
as
it
hath
beene
used
before
this
time
,
so
as
the
Regalitie
of
the
King
be
saved
;
for
the
King
will
save
his
Regalitie
,
as
his
Progenitors
have
done
:
And
if
any
person
doe
finde
himselfe
grieved
,
let
him
shew
it
in
specialtie
,
and
right
shall
be
done
unto
him
.
Moreover
,
where
in
the
Parliament
holden
the
fourth
yeere
of
King
Henry
the
fourth
,
the
Commons
complained
,
That
notwithstanding
the
said
Statute
25.
Edw
.
3.
cap
.
3.
many
of
the
Kings
Liege
people
were
unquieted
;
some
,
by
Writs
of
Subpoena
,
issuing
upon
false
suggestions
out
of
the
Chancerie
;
some
,
by
that
Writ
out
of
the
Exchequer
,
called
Quia
datum
est
nobis
intelligi
;
and
some
,
by
Letters
of
Privie
Seale
:
and
therefore
prayed
the
King
,
That
the
partie
accused
might
be
received
,
to
traverse
such
surmises
,
and
to
trie
them
by
an
Enquest
;
which
also
if
they
found
for
him
,
might
give
him
Damages
,
with
regard
of
his
Slander
,
Costs
,
and
Travaile
;
and
that
the
Accuser
should
not
onely
make
Fine
and
Ransome
to
the
King
,
but
also
endure
imprisonment
by
the
space
of
a
yeere
.
The
Kings
answer
then
was
,
That
hee
would
give
in
charge
to
his
Officers
,
that
they
should
abstaine
more
than
before-time
they
had
,
to
send
for
his
Subjects
in
that
manner
:
But
yet
(
saith
he
)
it
is
not
our
intention
,
that
our
Officers
shall
so
abstaine
,
that
they
may
not
send
for
our
Subjects
in
matters
and
causes
necessarie
,
as
it
hath
beene
used
in
the
time
of
our
good
Progenitors
.
Finally
,
when
as
in
the
Parliament
3.
Hen
.
5.
the
Commons
eftsoones
complaining
against
those
Writs
of
Subpoena
,
and
Quibusdam
certis
de
causis
,
and
Quia
datum
est
nobis
intelligi
,
which
issued
of
matters
determinable
at
the
Common
Law
,
and
that
were
(
as
they
said
)
first
devised
in
the
time
of
King
Richard
the
second
,
by
the
subtletie
of
Ioh
.
Waltham
,
the
Bishop
of
Salisbury
:
And
therefore
prayed
the
King
,
that
it
might
be
enacted
,
That
those
Writs
should
be
enrolled
in
the
Courts
from
whence
they
proceeded
,
and
thereby
made
open
to
the
Defendant
,
that
hee
might
thereupon
have
his
Action
of
Debt
for
fortie
pounds
against
him
that
should
pursue
any
such
.
The
answer
was
;
Le
Roy
s'adviseta
,
The
King
will
be
advised
of
it
:
The
which
is
the
sa●e
phrase
whereby
the
Kings
of
this
Realme
doe
use
to
denie
their
assent
to
any
Act
that
hath
passed
the
Lords
and
Commons
in
Parliament
.
All
which
Rescripts
and
Answers
of
the
Kings
,
doe
fully
disclose
that
Moderation
which
I
seeke
;
that
is
,
That
the
course
of
the
Common
Law
be
commonly
holden
;
That
men
bee
not
causelesly
convented
before
the
King
,
and
his
Councell
;
and
that
the
proceeding
at
the
Councell-Board
,
be
not
upon
every
light
suggestion
,
nor
to
determine
finally
concerning
Free-hold
,
or
Inheritance
.
And
yet
,
that
upon
cause
reasonable
,
upon
credible
information
,
and
that
in
matters
necessarie
,
the
Kings
Regalitie
,
Prerogative
,
or
Iudiciall
Power
,
in
sending
for
his
Subjects
,
be
maintained
,
as
of
right
it
ought
,
and
before
hath
beene
used
.
The
which
thing
(
as
you
see
)
●s
so
farre
from
impeaching
the
free
course
of
the
Common
Law
,
that
it
not
onely
concurreth
with
her
,
and
removeth
all
impediments
of
her
proceeding
,
where
shee
hath
the
Iurisdiction
:
But
also
,
by
the
plenitude
of
the
Royall
Power
,
supplyeth
her
wants
,
and
defects
,
wheresoever
shee
is
not
authorized
to
deliver
the
helpe
of
Iustice
.
Examples
of
that
Moderation
.
ACcording
to
this
moderation
,
King
Edward
1.
seeing
that
Bogo
de
Clare
was
discharged
of
an
accusation
put
against
him
in
Parliament
;
for
some
imperfections
of
forme
that
were
discovered
in
the
Complaint
,
commanded
him
neverthelesse
to
appeare
before
himselfe
,
ad
faciendum
&
recipiendum
quod
per
regem
&
ejus
consilium
fuerit
faciendum
,
and
so
proceed
to
a
reexamination
of
the
whole
cause
,
Anno
18.
Edward
1.
And
according
to
this
Moderation
,
King
Edward
3.
in
the
41.
yeere
of
his
Reigne
,
at
the
complaint
of
Elizabeth
,
the
widdow
of
Nicholas
Audley
,
to
appeare
before
himselfe
and
his
Councell
,
(
viz.
)
the
Chancellor
,
Treasurer
,
and
Iustices
,
and
Other
Sages
,
and
upon
their
submission
to
stand
to
the
ordinance
of
him
,
and
his
Councell
,
he
determined
a
controversie
betweene
them
,
touching
the
assurance
of
certaine
Lands
contained
in
the
Covenants
of
her
marriage
.
Rot
.
clauso
de
Anno.
41.
Edward
the
third
.
According
to
this
Moderation
,
King
Henry
5.
in
a
Suit
before
him
and
his
Councell
,
betweene
William
Goddard
and
his
Wife
,
complainants
against
Hugh
Straule
for
the
title
of
the
Mannor
of
Serrie
,
and
St.
Laurence
,
in
the
Isle
of
Tannet
in
Kent
,
tooke
order
for
sequestring
the
profits
,
till
the
right
were
tryed
;
as
well
for
the
avoiding
of
the
breach
of
the
peace
,
as
for
the
prevention
of
waste
and
spoile
.
R●t
.
Paten
.
An●o
6.
Henry
6.
According
to
this
Moderation
,
when
Robert
Danvers
,
a
Counsellor
at
the
Law
,
had
exhibited
his
Bill
to
King
Henry
6.
and
his
Councell
,
in
the
11.
yeere
of
his
Reigne
,
praying
thereby
,
That
forasmuch
as
he
was
defamed
with
the
suspicion
of
raising
a
Record
,
of
an
Inquisition
after
the
death
of
Iohn
Saint-Iohn
,
the
matter
might
be
examined
,
aswell
for
the
behalfe
of
the
King
,
as
for
the
declaration
of
his
owne
innocencie
.
The
request
was
granted
unto
him
,
and
upon
proofe
,
that
William
Brocket
,
a
Clarke
of
the
Exchequer
,
had
made
the
razure
,
Brocket
was
fore-judged
to
have
accesse
for
writing
in
any
of
the
Kings
Courts
of
Record
,
and
Danvers
was
acquitted
of
all
fault
;
with
order
,
that
his
Declaration
of
his
innocencie
should
be
inrolled
.
The
like
whereof
,
for
the
Declaration
of
the
Innocencie
to
the
Lord
Ralph
Cromwell
,
Chamberlaine
to
the
same
King
,
made
by
him
before
the
Kings
Councell
,
against
the
villanous
accusation
of
one
Robert
Collison
,
Priest
,
for
suspition
of
Treason
,
may
you
read
in
Rot
.
Paten
.
de
Anno
31.
Henry
6.
According
to
the
same
Moderation
also
,
the
Counsell
of
the
same
King
proceeded
against
Iohn
Foard
,
a
Mercer
of
London
;
and
punished
him
for
the
fraudulent
packing
of
26.
stone
of
Wooll
amongst
certaine
Broad
Cloathes
,
that
he
sold
to
a
Dutchman
,
which
did
transport
them
;
Rotulo
claus
.
de
Anno
17.
Henry
6.
According
to
this
Moderation
,
the
same
King
likewise
commanded
the
Iustices
of
his
Bench
to
stay
the
arraignment
of
one
Verney
of
London
,
till
they
had
other
Commandement
from
him
and
his
Counsell
:
Because
Verney
being
indebted
to
the
King
,
and
others
,
practised
to
be
indicted
of
Felony
;
wherein
he
might
have
his
Clergie
,
and
make
his
purgation
,
of
intent
to
defraud
his
Creditors
;
34.
Henry
6.
Rotulo
37.
in
Banco
Regis
.
According
to
this
Moderation
,
King
Edward
the
4.
and
his
Counsell
heard
the
Cause
of
the
Master
and
poore
Brethren
of
the
Hospitall
of
St.
Leonards
in
Yorke
;
complaining
,
That
Sir
Hugh
Hastings
,
Iohn
Wombell
,
and
others
,
withdrew
from
them
a
great
part
of
their
living
,
which
consisted
chiefly
upon
having
of
a
Thrave
of
Corne
of
each
Plow-land
,
A
Thrave
hath
24.
sheaves
,
as
a
Stack
hath
12.
within
the
Counties
of
Yorke
,
Westmerland
,
Cumberland
,
and
Lancashire
;
and
for
the
which
,
they
being
very
poore
men
,
were
not
able
to
sue
the
redresse
at
the
Common
Law
,
Rotulo
Paten
.
de
Anno
8.
Edward
3.
part
3.
memb
.
14.
And
yet
had
they
of
that
Hospitall
a
speciall
Act
of
Parliament
made
for
them
,
to
give
them
Action
in
that
very
Case
,
2.
Henry
6.
cap
.
2.
According
to
the
same
Moderation
,
the
same
King
and
his
Councell
made
a
Decree
for
Richard
the
Abbot
of
Saint
Edmonds-Bury
,
See
Holling
.
Cron
.
p.
344
sur
Records
de
Burie
1.
Ed.
3.
against
Walter
Thurstone
,
William
Sigo
,
and
others
,
the
inhabitants
of
Bury
,
whom
he
there
punished
,
for
turbulent
elections
of
their
Aldermen
,
Constables
,
and
other
Officers
;
whereas
they
had
no
Corporation
at
all
,
nor
any
other
Head
,
besides
the
Abbet
.
Rot
.
Paten
.
Anno
20.
Edward
4.
Part
2.
According
to
the
same
Moderation
,
King
Henry
7.
and
his
Councell
,
in
the
first
yeere
of
his
reigne
,
heard
the
Cause
of
Sanctuarie
at
Culva●…
,
claimed
for
Treason
by
Humfrey
Stafford
,
under
colour
of
the
Priviledges
of
the
Abbey
of
Abbington
;
and
gave
order
,
that
the
Iudges
should
deliberate
thereupon
;
that
Stafford
,
with
his
learned
Councell
,
should
be
heard
before
them
,
and
that
the
Abbot
should
be
called
to
shew
his
Priviledges
.
In
which
yeere
also
,
a
Privie
Seale
was
awarded
to
the
Maior
of
Briston
,
Ad
faciendam
Iustitiam
;
to
Ferdinando
de
Saint
Iago
,
a
Spaniard
;
or
otherwise
,
to
appeare
coram
Rege
.
And
likewise
,
the
same
yeere
the
Kings
Councell
decreed
,
that
Margery
and
Florence
Becket
should
sue
no
further
in
their
Cause
against
Alice
Radley
,
widdow
,
for
Lands
in
Wolwich
,
and
Plumstead
;
for
so
much
as
that
matter
had
been
heard
first
before
the
Councell
of
King
Edward
4.
After
that
,
President
of
the
Requests
.
before
the
President
of
the
Requests
of
that
King
Henry
7.
and
then
lastly
,
before
the
Councell
of
the
same
King
.
And
to
conclude
,
I
have
seene
it
registred
,
That
the
same
King
Henry
the
seventh
,
did
personally
sit
in
Iudgement
,
with
his
Councell
,
in
the
Star-chamber
,
twelve
severall
times
within
the
compasse
of
that
first
and
second
yeere
of
his
Reigne
:
where
according
to
his
moderation
,
the
Plaintiffe
was
commonly
bound
either
alone
,
or
with
Sureties
,
to
justifie
the
matter
of
Complaint
;
or
otherwise
,
to
pay
Costs
and
Expences
of
the
Defendant
;
and
in
default
of
such
proofe
,
was
many
times
committed
to
prison
for
his
wrongfull
vexation
.
The
Defendant
likewise
,
most
commonly
,
gave
Bond
for
the
Peace
,
or
for
the
Good-abearing
,
as
the
case
required
,
to
prevent
all
danger
of
force
,
and
disturbance
of
the
Common
Law
;
whereunto
,
for
tryall
,
they
both
were
oftentimes
dismissed
.
But
amongst
other
things
which
it
hath
chanced
me
to
see
,
that
order
which
the
Councell
during
the
minoritie
of
Henry
6.
did
set
downe
to
be
observed
amongst
themselves
,
is
no
lesse
memorable
than
serviceable
for
this
purpose
:
The
which
,
although
it
doe
containe
some
Articles
not
altogether
proper
to
this
Argument
;
yet
for
as
much
as
it
hath
many
points
well
tempered
for
the
maintenance
of
this
Moderation
,
and
the
same
so
interlarded
with
the
rest
,
that
it
should
be
violent
to
dissever
them
;
I
will
set
it
downe
wholly
,
as
it
came
to
my
hands
.
Order
taken
for
the
Councell
,
during
the
Minoritie
of
King
Henry
the
sixt
.
1
THat
the
Lord
of
Bedford
,
of
Glocester
,
nor
other
of
the
Councell
shall
behote
any
favour
,
but
that
each
Bill
and
Suit
shall
be
seene
by
all
the
Councell
,
and
by
them
to
have
reasonable
Answer
.
2
That
in
the
plaine
Terme
the
Councell
shall
one
day
in
the
Weeke
intend
to
the
reading
and
answering
of
Bills
;
which
Answer
shall
be
endorsed
on
the
Bill
by
the
Clarke
of
the
same
Councell
,
and
on
the
Friday
declare
it
to
the
partie
suing
,
unlesse
the
great
and
notable
Causes
of
the
Realme
let
it
.
3
All
Bills
comprehending
matters
terminable
at
the
Common
Law
,
shall
be
remitted
thither
,
unlesse
the
discretion
of
the
Councell
feele
too
great
might
on
the
one
partie
,
and
unmight
on
the
other
,
or
cause
reasonable
to
move
them
.
4
No
Councellor
take
upon
him
to
be
partie
in
any
matter
,
there
to
be
s●ed
,
but
if
it
touch
himselfe
;
and
the●
he
not
to
be
present
,
while
it
is
in
hearing
.
5
Each
Councellor
shall
have
full
freedome
to
speake
what
he
thinketh
,
in
the
matters
demanded
there
,
and
none
other
of
the
said
Councell
shall
conceive
indignation
;
therefore
alwayes
due
reverence
kept
to
every
estate
and
person
.
6
For
avoiding
of
anger
,
and
indignation
of
persons
out
of
the
Councell
,
by
discoverie
of
things
spoken
,
and
treated
there
;
no
person
whatsoever
shall
abide
in
the
Councell
,
while
matters
of
the
Councell
be
treated
,
save
onely
the
Councellors
sworne
.
7
No
matter
shall
be
assented
,
but
at
the
least
there
assent
thereunto
foure
Councellors
,
and
an
Officer
,
assembled
in
the
forme
of
Councell
,
and
at
a
place
appointed
;
and
that
shall
not
suffice
,
unlesse
they
make
the
more
part
of
the
number
then
present
in
Councell
.
8
No
Bill
be
sped
,
but
in
place
ordained
for
Councell
,
and
the
Councell
being
there
in
forme
of
a
Councell
,
and
the
Bill
to
be
read
there
first
before
them
all
,
whereunto
every
man
shall
singularly
say
his
advice
;
and
then
it
may
bee
subscribed
by
the
Lords
there
,
or
in
any
other
place
,
where
the
Clarke
of
the
Councell
shall
bring
it
himselfe
unto
him
.
9
The
correction
or
removing
of
any
Councellor
,
or
great
Officer
of
the
King
,
shall
proceed
of
the
advice
and
assent
of
the
more
part
of
all
those
that
had
been
appointed
of
the
Kings
Councell
.
10
All
matters
touching
the
King
,
shall
be
preferred
to
all
other
,
both
in
Parliament
and
Councell
.
11
To
Benefices
and
Offices
becomming
void
,
and
belonging
to
the
Kings
disposition
,
those
shall
be
preferred
that
have
served
the
King
or
his
predecessors
;
so
that
there
be
found
among
them
persons
able
thereto
.
12
Out
of
the
Terme-time
,
nothing
shall
be
sped
in
this
Councell
,
but
such
things
for
the
good
of
the
King
,
and
the
Land
,
that
aske
necessarie
speed
,
and
may
not
godly
be
abidden
unto
the
Terme-time
.
13
If
the
Opinions
of
my
Lord
of
Bedford
,
or
of
Glocester
,
fall
on
the
part
of
the
lesse
number
,
and
yet
doe
move
the
greater
number
forthwith
to
condescend
;
then
shall
the
matter
dwell
in
deliberation
,
till
the
next
day
;
at
which
every
man
shall
say
his
reason
,
and
then
shall
stand
the
opinion
of
the
more
part
in
number
:
and
if
the
number
be
equall
,
then
shall
that
partie
on
which
the
Lord
of
Bedford
or
Glocester
is
in
,
be
holden
for
the
more
partie
.
14
Where
the
Kings
Prerogative
,
or
Free-hold
,
is
in
question
,
there
the
Kings
Iudges
shall
be
called
,
and
their
names
and
advices
shall
be
entred
of
Record
.
15
The
Clarke
of
the
Councell
shall
be
sworne
,
That
each
day
of
sitting
,
hee
shall
cause
the
Bills
of
the
poorest
Suitors
to
be
first
read
,
and
answered
,
so
neere
as
he
can
aske
,
or
enquire
;
and
the
Kings
Sergeant
to
be
sworne
,
to
give
Counsell
without
Fee
,
to
such
as
shall
be
accepted
for
poore
,
upon
paine
to
be
discharged
of
their
Offices
.
16
No
Lord
of
this
Councell
shall
wittingly
receive
,
cherish
,
hold
in
household
,
nor
maintaine
any
Piller
,
Robber
,
Oppressor
,
Man-slayer
,
Felon
,
Outlaw
,
Ravisher
,
unlawfull
Hunter
,
open
misdoer
,
or
other
,
openly
named
or
famed
for
such
,
till
his
innocencie
be
declared
:
Nor
shall
take
any
other
mans
Cause
,
or
Quarrell
,
into
favour
,
by
word
,
deed
,
or
message
,
by
giving
Liverie
,
or
otherwise
,
by
any
colour
,
or
occasion
of
feoffement
,
gift
,
or
Deed
of
Lands
,
or
moveables
;
nor
shall
conceive
indignation
against
any
Iudge
,
or
Officer
,
for
doing
his
Office
in
forme
of
Law
;
and
shall
cause
their
servants
,
and
all
others
in
their
Countries
,
to
doe
the
like
.
17
No
Lord
of
this
Councell
shall
by
colour
,
or
occasion
of
feoffement
,
or
gift
of
Lands
,
or
other
goods
,
receive
,
or
take
by
himselfe
,
or
by
any
other
,
to
his
use
,
any
thing
that
shall
stand
in
debate
,
or
demand
;
without
it
be
first
spoken
of
,
and
committed
to
the
Kings
Councell
,
and
by
the
more
part
of
them
considered
to
be
lawfull
to
doe
.
18
None
of
the
said
Councell
shall
by
himselfe
,
or
by
any
other
,
take
any
gift
,
for
favour
,
or
furthering
of
any
person
,
or
matter
;
upon
paine
to
restore
the
double
to
the
partie
,
sixe
times
as
much
to
the
King
,
and
to
be
forbidden
to
sit
in
the
said
Councell
,
till
the
King
be
otherwise
advised
.
Thus
having
made
it
clearely
to
appeare
,
who
is
,
and
ought
to
bee
Iudge
of
these
Complaints
;
let
us
now
also
discover
what
is
,
and
hath
beene
the
most
usuall
Place
for
the
exhibition
of
them
.
The
third
part
,
touching
the
place
.
IT
must
be
true
,
that
the
King
and
his
Councell
are
not
to
bee
tyed
to
any
one
place
,
seeing
that
the
place
it selfe
neither
addeth
,
nor
derogateth
to
,
or
from
their
authoritie
;
and
there
be
many
causes
of
remove
and
change
,
from
place
to
place
:
But
yet
,
even
as
the
Palace
at
Westminster
hath
evermore
beene
reputed
the
chiefe
Royall
Seat
of
the
Realme
,
as
being
most
frequented
with
the
personall
presence
of
the
Kings
,
and
honoured
with
the
Solemnity
of
Coronations
and
assemblies
of
Estates
in
Parliament
;
so
the
Councell-Chamber
of
that
Palace
hath
obtained
that
dignitie
,
to
beare
a
name
above
all
others
,
and
hath
beene
of
long
time
called
the
Star-Chamber
.
The
Star-Chamber
is
the
usuall
place
.
IT
is
said
in
the
close
Roles
de
Anno
41.
Edw
.
3.
That
the
same
King
,
upon
the
fourth
day
of
May
,
in
the
fortieth
yeere
of
his
reigne
,
received
the
Complaint
offered
by
Elizabeth
,
the
widdow
of
Nicholas
Audley
,
whereof
I
have
spoken
;
and
thereupon
caused
Iames
Audley
to
appeare
before
his
Councell
,
(
viz.
)
his
Chancellor
,
Treasurer
,
Iustices
,
and
other
Sages
assembled
,
En
la
Chambre
des
Estoyers
pres
de
la
resceipt
al
Westm
.
in
the
Chamber
of
the
Stars
neere
the
Receipt
at
Westminster
:
And
the
Roll
,
of
Patents
de
Anno
2.
Richard
,
part
1.
membr
.
28.
hath
the
expresse
name
of
the
Starre-Chamber
.
Furthermore
as
it
appeareth
by
Record
,
that
the
same
purgation
of
Robert
Danvers
,
which
I
have
before
mentioned
,
was
made
the
20.
of
Iune
,
Anno
11.
Hen
.
6.
in
Camera
Stellata
coram
Consilio
Regis
.
So
was
that
fraud
aforesaid
of
Iohn
Foard
,
detected
and
punished
in
the
Star-chamber
,
within
the
Kings
Palace
at
Westminster
;
as
by
the
Close
Roll
de
Anno
17.
Hen
.
6.
it
is
recorded
.
It
is
moreover
noted
,
That
upon
the
28.
day
of
November
,
28.
Hen
.
6.
the
Kings
Councell
being
assembled
in
the
Councell-House
,
called
the
Star-chamber
at
Westminster
;
William
Talbois
,
of
Southkind
in
Lincolnshire
,
came
accompanied
with
many
riotous
persons
,
arrayed
in
warlike
sort
,
and
attempted
to
have
slaine
the
said
Ralph
,
Lord
Cromwell
,
of
whom
I
told
you
before
,
being
one
of
the
Kings
Councell
,
and
then
sitting
in
Councell
there
,
in
the
Kings
Palace
.
I
finde
likewise
,
That
upon
the
21.
day
of
November
,
32.
Hen
.
6.
Richard
,
the
Duke
of
Yorke
,
being
called
before
the
Kings
great
Councell
by
Privie
Seale
,
in
the
Star-chamber
at
Westminster
,
complained
,
That
his
learned
Councell
was
withdrawne
from
him
;
and
therefore
prayed
,
they
might
without
impediment
resort
unto
him
againe
:
Whereunto
the
Lords
assented
,
and
commanded
,
that
the
same
their
assent
should
be
entred
amongst
the
Acts
of
Councell
.
It
appeareth
also
,
That
upon
the
first
day
of
Easter-Terme
,
35.
Hen
.
6.
at
Westminster
,
in
the
Star-chamber
,
before
the
Councell
of
the
King
,
a
Writ
of
Proclamation
,
awarded
by
them
against
Iohn
the
Duke
of
Norfolke
,
was
adnulled
;
because
the
first
Writ
issued
upon
the
Statute
of
Riots
,
made
31.
Hen
.
6.
cap
.
2.
and
contained
in
it selfe
no
mention
of
Riots
,
and
other
the
Contents
of
that
Statute
.
After
the
time
of
King
Henry
the
sixth
,
this
place
was
frequented
for
the
like
service
by
King
Edward
the
4.
who
,
in
the
eighth
yeere
of
his
Reigne
,
sate
there
personally
in
Councell
,
attended
with
the
Archbishop
of
Yorke
,
the
Bishop
of
Durham
,
Bath
,
and
Rochester
,
and
the
Earle
of
Warwicke
,
&c.
there
decreed
that
Cause
of
the
Master
and
Brethren
of
Saint
Leonards
Hospitall
,
of
which
I
have
used
some
mention
before
.
And
in
the
20.
yeere
of
the
reign
of
the
same
King
,
was
that
other
Decree
published
in
the
Star-Chamber
,
which
I
noted
before
to
have
been
made
for
the
Abbot
of
Saint
Edmonds-Bury
,
against
the
inhabitants
of
the
same
Towne
.
Of
which
King
also
,
the
Chiefe
Iustice
,
1
Henry
7.3
.
reporteth
,
That
he
sate
and
conferred
with
his
Nobility
in
the
Star-Chamber
,
about
the
Execution
of
sundry
Statute-Lawes
;
for
the
better
observation
of
which
,
hee
there
tooke
the
Corporall
Oathes
of
them
all
.
But
to
omit
that
of
Rich
.
3.
and
sundry
other
Records
of
other
times
,
concurring
in
the
same
testimonie
,
those
twelve
severall
stately
Sessions
,
honoured
with
the
Royall
presence
of
King
Henry
7.
and
sometimes
with
almost
forty
of
his
Councell
,
in
the
1.
and
2.
yeeres
of
his
Reigne
,
whereof
I
spake
,
and
sundry
others
performed
by
his
Chancellors
and
Councell
in
the
same
place
,
doe
assuredly
teach
,
that
it
was
the
ordinarie
Councell
Chamber
of
the
King
,
whensoever
he
and
his
Court
did
●ye
,
and
sojourne
at
his
Palace
,
in
Westminster
,
frequented
no
lesse
for
deliberation
on
matters
of
estate
,
than
for
decreeing
extraordinarie
Suits
and
Causes
of
Complaint
.
And
I
thinke
it
no
doubt
,
but
that
Iudge
Shard
,
which
28.
Lib
.
Assis
.
Pl.
52.
openeth
the
severall
significations
of
the
words
Coram
nobis
,
in
the
Kings
Writs
,
meanes
this
place
,
when
hee
saith
,
that
Coram
nobis
,
without
any
more
,
requireth
an
appearance
before
the
King
and
his
Chamber
,
even
as
Coram
nobis
ubicunque
,
&c.
commandeth
in
the
Kings
Bench
,
&c.
and
Coram
nobis
in
Ca●cellaria
willeth
it
before
the
Lord
Chancellour
.
The
Name
of
Star-chamber
.
BVt
from
whence
this
place
first
purchased
the
name
of
Star-chamber
,
there
may
be
divers
conjectures
;
one
,
by
derivation
from
the
old
English
word
Steoran
,
which
signifieth
to
steare
,
or
rule
,
as
doth
the
Pilot
in
a
ship
;
because
the
King
and
Councell
doe
sit
here
,
as
it
were
at
the
Sterne
,
and
doe
governe
the
Shippe
of
the
Common-wealth
:
Then
,
of
the
Latine
word
Stellio
,
which
betokeneth
that
starry
and
subtile
Beast
,
of
whose
name
the
fault
of
craftie
Cozenage
is
borrowed
by
the
Civillians
,
which
they
call
Crimen
stellionatum
,
because
the
Sinne
is
punished
in
this
Court
by
an
extraordinary
paine
,
even
as
it
was
in
the
Law
Civill
.
Lastly
,
because
happily
the
Roofe
thereof
was
at
the
first
garnished
with
gilded
Stars
,
as
the
Roome
it selfe
is
starry
,
or
full
of
Windows
and
Light
;
in
which
respect
,
some
of
the
Latine
Records
name
it
Camera
Stellata
;
the
French
,
Le
Chamber
des
Estoyels
;
and
the
English
,
the
Starred
Chamber
;
as
you
may
observe
by
that
I
have
spoken
before
.
The
ancient
usage
of
the
Starre-Chamber
.
BVt
leaving
the
choyce
of
these
,
as
also
all
further
conjecture
therein
,
to
other
men
;
I
will
proceede
to
set
forth
the
usage
of
proceeding
in
this
place
,
before
the
making
of
the
Statute
3.
Hen
.
7.
cap
.
1.
the
which
,
some
men
(
but
much
deceived
)
doe
take
to
have
laid
the
first
stone
of
this
farre
more
ancient
and
stately
Erection
.
Vpon
Complaint
exhibited
,
the
Plaintiffe
either
came
freely
,
or
was
sent
for
by
Corpus
cum
causa
,
if
hee
were
in
prison
:
The
Defendant
was
summoned
,
or
called
in
,
either
by
Writing
,
or
Messenger
;
by
Writing
,
as
by
the
Kings
owne
Letter
;
or
by
his
Privy
Seale
,
directed
under
a
peine
to
the
partie
selfe
,
or
to
the
Sheriffe
,
to
take
Sureties
for
his
appearance
;
or
by
Letters
missive
,
from
the
Councell
;
and
if
hee
made
default
,
then
upon
Affidavit
made
,
by
an
Attachment
and
Proclamation
of
Rebellion
,
if
the
case
require
it
.
By
monition
of
a
Messenger
,
as
by
a
Sergeant
at
Armes
;
who
,
upon
contempt
of
former
Processe
,
or
upon
doubt
of
the
flying
of
the
partie
,
or
for
his
being
neere
at
hand
,
or
in
respect
of
the
hainousnesse
of
the
fact
,
was
many
times
addressed
to
seize
upon
the
Defendant
,
and
to
bring
him
into
the
Court
.
The
Pleading
was
by
Bill
,
Answer
,
and
Replication
,
as
by
the
Records
of
these
two
Cases
of
S.
Edmonds-Bury
and
S.
Leonards
Hospitall
,
before
mentioned
,
I
doe
plainely
find
.
The
Hearing
was
aswell
by
examination
upon
Oath
of
the
Defendants
themselves
,
as
of
their
witnesses
;
against
whom
the
manner
was
to
award
compulsaries
for
their
appearance
,
if
the
party
would
depose
their
testimony
to
be
necessary
for
him
,
and
if
their
ability
of
body
would
beare
the
travaile
:
if
not
,
then
were
they
,
in
pitty
of
their
impotency
,
examined
at
home
.
The
Determination
,
was
by
Decree
,
which
passed
by
the
assent
of
the
more
part
,
delivering
their
opinions
singularly
;
whereby
either
the
Cause
was
decided
in
the
Court
,
or
dismissed
to
tryall
at
the
Common
Law
;
or
otherwise
,
upon
default
of
the
plaintiffe
(
being
proclaimed
,
or
called
thrice
at
the
Councell
doore
)
the
Defendant
was
quite
dismissed
,
with
his
costs
and
expences
.
The
Officers
of
the
Star-Chamber
.
THe
Officers
,
or
Ministers
that
I
finde
,
were
then
the
Vsher
,
the
Serjeant
at
Armes
,
the
Atturneyes
,
and
the
Clarke
.
The
Vsher
,
for
the
keeping
of
the
roome
,
the
proclaiming
of
silence
,
the
calling
of
names
,
and
other
base
services
,
and
the
Serjeant
,
as
well
to
beare
the
Mace
,
for
the
honor
of
the
Lord
Chancellor
,
as
to
arrest
and
bring
such
as
he
was
commanded
.
Touching
the
Atturneyes
,
I
wot
not
whether
their
Service
might
then
be
called
a
standing
office
,
or
no
,
because
they
were
at
large
,
some
two
or
three
at
once
being
received
,
to
follow
for
one
Clyent
;
in
so
much
,
as
there
were
above
thirtie
severall
persons
imployed
thereabouts
,
during
onely
the
first
and
second
yeares
of
King
Hen
.
7.
Clarke
of
the
Star-Chamber
.
The
Office
of
the
Clarke
of
the
Councell
,
was
to
Take
,
Endorse
,
Enter
,
Keepe
,
and
Certifie
the
Bills
,
Pleadings
,
Records
,
Rules
,
and
Decrees
of
the
Court
.
And
as
it
is
not
to
bee
doubted
,
but
there
hath
beene
from
time
to
time
,
a
Clarke
of
the
Councell
,
considering
that
such
a
Court
could
not
be
without
the
service
of
such
a
Minister
,
(
albeit
happily
his
authoritie
,
in
examining
of
Witnesses
,
taking
of
Affidavits
,
and
admitting
men
by
Atturney
,
was
by
little
and
little
enlarged
)
:
So
I
doe
not
finde
it
expressed
,
who
was
the
Clarke
during
the
minority
of
King
Hen
.
6.
or
at
any
time
before
it
;
For
the
very
first
of
whose
name
I
have
read
,
was
Thomas
Kent
,
a
Doctor
of
the
Law
,
to
whom
King
Henry
the
sixt
,
by
his
Letters
Patents
,
dated
the
fifteenth
of
Iuly
,
in
the
two
and
twentieth
yeare
of
his
raigne
,
gave
both
that
Office
for
his
life
,
calling
him
Clericum
Consilii
nostri
,
and
the
Office
of
the
Secundarie
of
the
Privie
Seale
;
with
wages
,
of
a
hundred
pounds
by
yeare
;
and
with
power
,
for
reasonable
cause
of
absence
,
to
make
his
sufficient
Deputie
therein
.
After
him
,
whether
immediately
or
no
,
I
have
not
to
affirme
,
because
that
I
suspect
that
one
Langport
was
betweene
,
in
the
first
yeare
of
King
Henry
the
seventh
;
Iohn
Bladswell
,
a
Doctor
of
the
Lawes
also
,
was
made
Clarke
of
the
Councell
,
and
exercised
the
same
Office
:
The
degrees
of
which
two
men
,
whereof
the
first
was
afterwards
sworne
of
the
Councell
,
doe
set
forth
the
dignitie
of
the
place
,
being
(
as
I
suppose
)
the
best
Clarkeship
of
this
Land
,
unlesse
you
will
call
the
Master
of
the
Rols
a
Clarke
againe
;
as
some
former
Statutes
are
wont
to
name
him
.
And
these
bee
the
onely
named
men
of
that
place
,
with
whom
I
have
yet
met
,
before
that
Statute
made
in
the
third
yeare
of
King
Henry
the
seventh
.
After
whom
,
that
I
may
shortly
summon
them
all
,
there
succeeded
in
the
sixt
yeare
of
King
Henry
the
seventh
,
Robert
Riden
;
in
the
first
yeare
of
King
Henry
the
eight
,
Iohn
Meutis
,
Secretarie
for
the
French
;
and
in
the
fourth
yeare
of
the
same
King
,
Richard
Eden
:
during
one
time
of
whose
sicknesse
,
Thomas
El●ot
held
the
Place
:
in
the
22.
yeare
of
which
King
also
,
the
Office
was
upon
a
surrender
,
granted
jointly
to
that
Richard
Eden
,
and
Thomas
Eden
,
which
last
man
forthwith
exercised
the
same
alone
.
And
in
the
fifth
yeare
of
King
Edward
the
sixt
,
it
was
granted
in
reversion
,
after
the
death
of
that
Thomas
Eden
,
to
Thomas
Marsh
;
to
whom
it
fell
in
possession
,
in
the
ninth
yeere
of
her
Majestie
that
now
is
:
In
like
reversion
,
after
whose
death
,
it
was
likewise
granted
to
William
Mills
,
mine
ancient
favourer
,
a
man
trained
up
from
his
youth
in
the
services
of
that
Court
;
who
tooke
it
in
possession
the
fifteenth
yeare
or
her
Highnesse
Reigne
,
and
how
holdeth
:
By
whose
good
labours
and
friendships
also
,
I
was
the
better
enabled
to
write
some
part
of
this
present
Discourse
.
The
Authoritie
of
the
Star-Chamber
by
new
Statutes
.
BVt
having
now
runne
through
the
ancient
usage
of
this
Court
,
there
remaineth
a
consideration
of
that
Statute
made
in
the
third
yeere
of
King
Henry
the
seventh
;
by
which
the
persons
therein
named
,
are
authorised
by
their
discretions
,
to
examine
certain
offences
,
&
the
same
to
punish
,
according
to
the
effect
of
the
Statute-Lawes
,
the
very
words
whereof
be
these
.
The
King
our
Soveraigne
Lord
remembreth
,
how
by
unlawfull
Maintenances
,
giving
of
Liveries
,
Signes
,
and
Tokens
,
and
by
Retainders
,
by
Indentures
,
Promises
,
and
other
Writings
,
or
otherwise
,
Embraceries
of
his
Subjects
,
untrue
demeaning
of
Sheriffes
,
in
making
Pannels
,
and
other
untrue
Returnes
,
by
taking
of
Money
by
Iuries
,
by
great
Riots
,
and
unlawfull
Assemblies
,
the
policie
and
good
rule
of
the
Realme
is
almost
subdued
;
and
for
not
punishing
those
inconveniences
,
and
by
occasion
of
the
premisses
,
nothing
or
little
may
be
found
by
inquirie
,
whereby
the
Law
of
the
Land
in
execution
may
take
little
effect
,
to
the
encrease
of
Murthers
,
Robberies
,
Perjuries
,
and
unsuretie
of
all
men
living
,
and
losses
of
their
lands
and
goods
,
to
the
great
displeasure
of
Almightie
God
:
Therefore
it
is
ordained
,
for
reformation
of
the
premisses
,
by
authoritie
of
the
said
Parliament
,
That
the
Chancellor
,
and
Treasurer
of
England
for
the
time
being
,
and
Keeper
of
the
Kings
Privie
Seale
,
or
two
of
them
(
calling
to
them
a
Bishop
,
and
a
Temporall
Lord
,
of
the
Kings
most
honourable
Privie
Councell
,
and
the
chiefe
Iustices
of
the
Kings
Bench
and
Common
Pleas
for
the
time
being
,
or
other
two
Iustices
,
in
their
absence
)
upon
Bill
,
or
Information
,
put
to
the
said
Chancellor
for
the
King
,
or
any
other
,
against
any
person
,
for
any
misbehaviour
aforesaid
,
have
authoritie
to
call
before
them
,
by
Writ
or
Privie
Seale
,
the
said
misdoers
,
and
them
,
and
others
,
by
their
discretions
,
by
whom
the
truth
may
be
knowne
,
to
examine
:
and
such
as
they
finde
therein
defective
,
to
punish
them
after
their
demerits
,
after
the
forme
&
effect
of
the
Statutes
thereof
made
,
in
like
manner
and
forme
as
they
should
or
ought
to
be
punished
,
if
they
were
thereof
convict
after
the
due
order
of
the
Law
,
Anno
3.
Hen
.
7.
cap
.
1.
This
Statute
,
as
some
have
thought
,
was
made
for
the
restraint
of
that
absolute
authoritie
,
which
before-time
was
exercised
by
the
Kings
Councell
:
So
,
as
after
the
making
hereof
,
they
were
to
take
knowledge
of
these
few
Causes
onely
,
and
of
none
others
.
But
I
doe
rather
expound
it
by
way
of
enlargement
of
their
Iuridicall
authoritie
:
for
insomuch
as
there
are
not
in
it
any
words
prohibitorie
touching
the
former
manner
of
proceeding
;
and
the
scope
of
this
Law
,
is
to
have
those
offenders
convicted
by
other
meanes
than
by
order
of
Law
,
as
they
were
before
;
I
gather
thereby
,
that
the
Statute
giveth
an
additament
of
this
sort
:
(
viz.
)
That
whereas
before-time
the
King
and
the
Lords
of
his
Councell
did
not
admit
any
Complaint
,
but
such
onely
as
carried
within
it
a
reasonable
surmise
of
maintenance
of
their
Iurisdiction
;
for
the
proofe
whereof
,
also
the
Plaintife
ought
by
the
Statute
15.
Hen
.
6.
cap
.
4.
to
give
Sureties
,
as
I
have
before
shewed
.
Now
by
this
new
Statute
,
over
and
besides
that
ancient
authoritie
,
onely
these
three
of
the
Councell
,
(
viz.
)
the
Chancellor
,
Treasurer
,
and
Keeper
of
the
Privie
Seale
(
using
the
assistance
of
some
others
thereunto
appointed
)
were
enabled
to
heare
&
determine
ordinarily
of
these
8.
offences
,
and
that
without
any
manner
of
such
suggestion
,
or
surmise
at
all
:
And
that
both
King
Henry
the
seventh
,
and
King
Henry
the
eight
,
did
many
yeeres
after
the
making
of
this
Statute
,
sometime
in
person
,
and
very
often
by
their
Councell
,
practise
that
by
former
Iurisdictions
in
the
Star-Chamber
,
without
any
help
of
this
new
Law
&
Statute
,
it
doth
most
certainly
appeare
by
the
Bookes
of
Entries
kept
there
;
which
is
a
true
Ephemeris
or
Iournall
of
the
Acts
of
the
Court
.
But
for
as
much
as
they
of
the
Parliament
holden
in
the
21.
yeare
of
King
Henry
the
eight
,
cap
.
20.
espyed
some
defects
in
this
Statute
of
Henry
the
seventh
,
they
did
supply
the
same
after
this
manner
following
;
viz.
The
Chancellor
,
Treasurer
of
England
,
and
the
President
of
the
K.
most
honorable
Privie
Councell
,
attending
upon
his
most
honorable
Person
,
for
the
time
being
,
&
the
Keeper
of
the
K.
Privie
Seale
,
or
two
of
them
,
calling
unto
them
one
Bishop
,
and
one
temporall
Lord
of
the
K.
most
honorable
Councell
,
and
the
two
chief
Iustices
of
the
Kings
Bench
,
&
the
Common
Pleas
,
for
the
time
being
or
other
two
of
the
K.
Iustices
in
their
absence
,
upon
any
Bill
of
Information
hereafter
to
be
put
in
:
The
Chancellor
of
England
,
Treasurer
,
President
of
the
K.
said
most
honorable
Councell
,
or
Keeper
of
the
K.
Privie
Seale
for
the
time
being
,
for
any
misbehavior
before
rehearsed
,
from
henceforth
have
full
power
and
authoritie
to
cal
before
them
by
Writ
of
Privie
Seale
,
such
misdoers
,
and
them
,
and
other
,
by
their
discretion
,
by
whom
the
truth
may
be
knowne
,
to
examine
:
And
such
as
they
shall
find
defective
,
to
punish
thē
after
their
demerits
,
after
the
forme
and
effect
of
the
said
former
Statute
,
and
of
all
other
Statutes
thereof
before
made
,
&
not
repealed
,
&
expired
,
in
like
manner
and
forme
,
as
they
should
or
ought
to
bee
punished
,
if
they
were
thereof
convicted
after
the
due
order
of
the
Kings
Lawes
.
By
which
latter
Statute
these
things
following
are
brought
to
passe
,
viz.
first
,
that
the
President
of
the
Kings
Councell
is
hereby
added
to
that
triumvirate
,
and
is
made
one
of
the
Iudges
of
them
.
Secondly
,
a
doubt
is
here
taken
away
,
that
might
be
moved
upon
the
words
of
the
first
Statute
,
namely
,
whether
the
Bishop
,
the
temporall
Lord
of
the
Kings
Councell
,
and
the
Iustices
named
in
that
Statute
,
were
Iudges
equall
in
his
Authoritie
,
with
the
other
three
great
Officers
;
or
else
whether
they
were
but
onely
assistant
unto
them
with
their
advice
:
For
here
,
in
this
latter
Law
the
full
authoritie
is
given
onely
to
those
three
,
and
the
President
;
so
as
the
residue
are
to
be
called
onely
for
their
advice
:
But
yet
so
,
that
the
proceeding
is
erroneous
,
if
either
the
other
foure
doe
not
call
them
,
or
doe
not
heare
their
advice
when
they
be
called
.
Lastly
,
the
Bill
,
or
information
,
ought
by
this
latter
Statute
to
bee
put
in
generally
,
that
is
,
to
the
King
,
as
it
was
wont
to
be
:
Whereas
,
by
the
strict
words
of
the
former
Act
,
the
same
was
to
have
been
exhibited
to
the
Lord
Chancellour
:
And
thus
by
the
benefit
of
these
two
Statutes
,
the
judiciall
handling
of
these
eight
offences
which
before
did
proceed
,
as
I
partly
touched
,
either
by
way
of
Indictment
,
or
Action
,
may
now
be
performed
without
any
Enquest
or
Verdict
,
even
by
the
onely
examination
either
of
competent
witnesses
of
the
parties
themselves
,
or
of
both
;
a
course
which
was
never
before
permitted
by
the
Common
Law
of
the
Realme
,
wherein
no
Tryall
was
allowed
;
but
that
only
per
legale
Iudicium
parium
,
as
the
Great
Charter
it selfe
plainly
doth
acknowledge
.
And
this
was
now
at
the
last
devised
,
because
as
the
Statutes
themselves
doe
report
,
that
ancient
and
ordinary
proceeding
at
the
Common
Law
,
against
these
Maintainers
,
Reteyners
,
Ryoters
,
and
the
rest
of
that
rabble
was
hindered
by
the
greatnesse
of
the
Offenders
,
which
were
belike
so
brested
,
sided
,
and
backed
with
a
many
friends
,
tenants
,
and
followers
in
their
owne
Countries
,
that
none
Indictment
or
tryall
could
make
the
way
to
touch
them
:
Which
thing
threatned
the
utter
subversion
of
the
good
policie
of
the
Realme
,
if
this
soveraigne
and
higher
hand
had
not
been
timely
extended
for
help
and
remedie
.
Howbeit
by
the
expresse
words
of
these
new
Lawes
,
these
offences
named
in
them
,
are
in
none
other
degree
to
be
punished
in
this
Court
now
,
than
they
were
before
upon
conviction
by
judgement
,
and
the
tryall
of
twelve
.
And
therefore
the
change
that
is
offered
,
resteth
cheifly
in
the
circumstances
of
place
,
Processe
,
Iudges
,
and
meane
of
tryall
,
the
very
substance
it selfe
(
that
is
to
say
)
the
discretion
of
the
fault
it selfe
,
and
the
distribution
of
the
paine
due
thereunto
,
remaining
the
very
same
that
they
were
before
;
from
the
which
appointed
paines
,
if
these
Lords
shall
at
any
time
think
good
to
varie
and
depart
,
then
it
must
be
understood
to
be
done
by
that
former
authority
which
they
had
,
and
have
as
the
Councell
of
the
King
,
and
not
by
vertue
of
these
Statutes
,
The
double
Authoritie
of
the
Star-Chamber
.
which
doe
leave
unto
them
no
liberty
at
all
in
this
behalfe
,
for
wee
may
not
so
conjoyne
,
or
rather
confound
these
Authorities
,
as
either
of
them
shall
be
extinct
,
and
drowned
in
the
other
,
but
wee
must
preserve
them
both
separably
,
and
distinct
,
not
onely
in
understanding
,
but
in
the
execution
and
practice
also
;
even
as
when
the
Iustices
that
ride
the
Circuits
,
doe
bring
with
them
into
the
Countrie
one
Commission
of
Oyer
and
Terminer
,
and
another
of
Gaole
Deliverie
,
and
a
third
of
the
peace
,
and
doe
sit
upon
the
tryall
of
Felonies
,
they
may
lawfully
extend
their
authoritie
by
the
one
,
where
the
other
will
not
reach
and
serve
the
businesse
;
which
thing
,
they
could
not
do
if
by
such
a
Conjunction
the
greater
Commission
should
be
said
,
to
devoure
and
swallow
the
lesse
.
A
Confutation
of
some
Objections
against
the
Star-chamber
.
ANd
this
one
hold
is
of
sufficient
strength
to
withstand
the
Assaults
of
all
those
objections
which
some
are
wont
to
make
against
certaine
the
proceedings
in
this
Court
.
For
whereas
they
doe
thinke
that
none
other
Complaints
can
be
sentenced
here
,
but
these
onely
,
which
are
in
these
Statutes
,
or
some
other
specially
appointed
to
be
thus
determined
,
they
bee
deceived
,
for
that
they
doe
not
cast
their
eyes
upon
that
former
power
,
which
these
Lords
and
others
doe
bring
hither
with
them
,
as
the
Councell
of
the
Queen
,
the
which
is
not
to
be
restrained
to
these
so
narrow
bounds
.
And
no
lesse
doe
some
others
erre
in
judgement
,
which
doe
maintaine
,
that
without
the
presence
of
some
two
of
these
foure
Lords
mentioned
in
the
last
Statute
,
no
Decree
made
in
this
Court
is
warranted
by
the
Law
,
for
they
are
convicted
by
the
same
former
reason
;
considering
that
the
Councell
of
the
Queene
(
sitting
there
in
forme
of
a
Councell
)
are
not
deprived
of
that
ancient
authoritie
,
by
the
absence
of
any
two
or
three
of
them
.
More
probably
I
confesse
,
doe
those
men
reason
,
who
(
pressing
this
Court
with
the
words
of
these
Statutes
,
and
with
the
generall
usage
of
all
other
Courts
of
Iustice
)
doe
thinke
that
a
Bill
,
or
Information
in
writing
is
so
necessary
,
for
setting
the
Complaint
on
foot
there
,
as
that
without
it
,
the
proceeding
verbally
,
(
or
Ore
tenus
as
wee
call
it
)
is
not
in
any
case
to
bee
allowed
.
It
is
true
,
that
the
hearing
and
determining
causes
upon
Bills
and
answers
in
writing
,
is
generally
a
very
sure
manner
of
proceeding
,
as
well
for
the
cutting
off
of
all
tergiversation
,
and
cavelling
betweene
the
parties
,
as
for
the
Warrant
and
defence
of
the
Iudges
themselves
.
But
yet
it
seemeth
to
mee
that
in
speciall
Cases
this
Court
both
hath
sufficient
authoritie
,
and
may
of
good
discretion
take
knowledge
of
●he
cause
,
and
decree
punishment
for
it
,
without
any
such
information
of
the
matter
set
down
in
writing
;
for
as
all
the
travell
and
labours
of
whatsoever
Iudges
ought
to
bee
di●ected
to
this
only
end
,
and
marke
,
that
(
the
truth
of
the
Controversie●eing
found
out
)
Iustice
may
bee
●elivered
,
and
as
in
a
Criminall
●omplaint
(
which
is
the
proper
●ubject
of
this
Court
)
the
truth
●an
no
way
better
appeare
,
than
●y
Confession
of
the
Offender
him●●lfe
.
So
if
either
the
necessitie
of
the
Cause
doe
require
,
that
the
guilty
party
be
speedily
convented
or
charged
,
or
if
he
be
deprehended
flagranti
crimine
,
in
committing
the
fault
,
or
if
the
offence
doe
onely
,
or
chiefly
concerne
her
Majestie
,
or
if
the
circumstances
thereof
,
be
such
as
may
not
seemely
abide
the
blazing
of
a
Bill
,
and
then
the
Offender
shall
,
upon
Examination
,
freely
,
and
without
torture
,
confesse
the
body
and
substance
of
the
crime
that
is
verbally
laid
to
his
charge
,
surely
neither
he
,
nor
any
for
him
,
can
justly
complaine
of
Injustice
,
in
that
he
is
sentenced
without
Bill
,
and
answer
in
writing
:
Wherefore
when
Iustice
is
once
satisfied
,
I
see
none
other
use
,
but
onely
for
a
memoriall
,
in
which
behalfe
the
proceeding
it selfe
being
entred
in
the
Records
of
the
Court
,
shall
be
an
〈◇〉
of
equall
credit
,
with
that
,
that
begun
by
Bill
in
writing
:
and
it
i●
plaine
,
that
Bill
and
Answer
in
writing
be
not
of
the
substance
,
but
only
of
the
solemnitie
,
and
ceremonie
of
judiciall
proceedings
,
the
which
also
may
best
be
spared
in
Criminall
Causes
,
in
which
otherwise
the
delivery
of
Iustice
may
sometimes
be
hindred
by
over-much
formality
.
For
which
cause
as
I
think
,
King
Edward
1.
in
that
place
of
Britton
,
which
I
have
cited
,
sticketh
not
to
affirme
,
that
it
belongeth
to
his
Kingly
Office
,
to
give
due
Iudgement
wheresoere
the
very
truth
doth
appeare
,
sans
auter
proces
,
without
any
other
Formality
,
Ceremony
,
Solemnity
,
or
Proces
at
all
.
And
therefore
,
if
after
a
Bill
exhibited
here
,
and
the
matter
of
Complaint
proved
by
Examination
of
the
party
,
and
by
deposition
of
Witnesses
,
it
should
fortune
,
●he
Bill
,
or
other
parts
of
the
Pleading
to
bee
imbezelled
or
lost
;
I
would
not
doubt
,
but
that
this
Court
(
which
must
not
alwayes
be
tyed
to
the
strict
order
of
Pleading
,
that
is
necessary
to
be
observed
in
some
other
Courts
)
might
either
cause
a
new
Bill
to
be
framed
upon
the
matter
already
proved
,
and
brought
to
light
,
or
else
command
the
Queenes
Atturney
to
enforme
it
Ore
tenus
verbally
,
without
offer
of
any
Bill
at
all
.
According
to
which
summary
manner
of
Iudgement
,
the
Kings
Councell
,
who
have
the
exercise
of
the
same
,
his
owne
Authority
have
many
times
proceeded
in
this
Court
:
Whereof
the
Bookes
of
Entries
there
,
hath
plentifull
Testimonies
;
which
I
for
avoiding
the
odious
rehearsall
of
mens
names
,
not
yet
forgotten
,
doe
willingly
forbeare
to
produce
.
Thus
have
I
made
it
appeare
both
what
hath
been
the
right
usage
of
this
Court
,
by
the
originall
power
thereof
,
and
what
accesse
of
Authoritie
it
hath
received
by
these
new
Lawes
and
Statutes
;
the
which
were
,
as
you
see
,
ordained
to
apply
a
most
honourable
,
high
,
awfull
,
and
ordinarie
remedie
for
these
enormities
and
excesses
,
which
were
at
that
time
growne
so
exorbitant
and
high
,
that
they
might
not
sufficiently
be
revenged
by
the
inferiour
Iudges
,
and
usuall
stroake
of
the
Common
Law
.
In
which
case
right
necessary
it
was
,
that
the
King
himselfe
,
and
such
as
were
neerest
in
the
staire
of
Authoritie
underneath
him
,
should
shew
themselves
;
by
the
Majestie
and
awe
of
whose
Personall
State
and
Presence
,
both
these
Offenders
might
bee
abashed
,
and
beaten
down
,
and
these
offences
might
be
made
exemplary
,
and
forewarning
to
other
men
.
The
severall
Offences
determinable
by
the
Statutes
.
ANd
now
so
much
being
said
touching
these
things
,
let
us
descend
to
the
particular
enumeration
and
handling
of
these
offences
,
that
are
by
the
Statute-Lawes
to
be
heard
and
determined
before
the
Lords
here
.
And
for
as
much
as
these
two
Statutes
doe
affoord
us
eight
at
one
,
let
them
be
ranged
in
the
first
place
as
they
stand
,
viz.
-
Vnlawfull
Maintenance
.
-
Giving
of
Liveries
,
Signes
,
or
Tokens
.
-
Reteiners
by
writing
,
or
otherwise
.
-
Embraceries
of
the
Kings
subjects
.
-
Vntrue
demeanings
of
Sheriffes
,
in
making
Pannels
,
or
other
untrue
Returnes
.
-
Taking
of
Money
by
Iuries
.
-
Great
Riots
,
and
unlawful
Assemblies
.
All
which
also
,
are
bent
(
as
I
said
)
either
by
fraud
or
force
,
to
the
hinderance
of
the
execution
of
Law
,
and
to
the
encrease
(
as
one
of
these
Statutes
saith
)
of
Murthers
,
Robberies
,
Perjuries
,
unsuretie
of
mens
lives
,
and
losse
of
their
goods
and
lands
.
For
the
better
manifestation
of
these
matters
,
therefore
I
will
lift
them
up
by
one
and
one
in
order
as
they
lye
;
and
will
first
shew
the
nature
of
each
fault
;
then
,
the
evils
that
doe
ensue
thereof
:
and
lastly
,
the
punishment
that
by
Law
is
layd
upon
it
.
Maintenance
.
MAintenance
seemeth
to
be
derived
of
the
Latine
words
,
Manu
tenere
;
because
hee
that
maintaineth
,
taketh
by
the
hand
(
as
it
were
)
and
holdeth
the
Cause
of
another
man
as
fast
,
as
if
it
were
his
owne
proper
:
and
therefore
Maintenance
is
a
kind
of
conspiracie
made
by
two
or
more
persons
against
some
other
;
because
the
very
partie
to
the
Cause
,
and
that
others
which
steppeth
into
the
furtherance
of
it
,
doe
combine
themselves
together
,
and
doe
make
a
Complot
against
the
adverse
partie
to
the
same
.
And
this
may
be
as
well
for
matter
hanging
in
Suit
,
or
Plea
,
as
for
some
other
Cause
not
being
brought
in
Plea
,
or
Action
,
howbeit
,
Maintenance
is
commonly
understood
of
Causes
in
Suit
:
as
when
one
that
hath
none
interest
to
a
matter
in
question
,
will
either
give
money
to
Councell
,
or
will
take
some
interest
of
purpose
,
to
make
the
Cause
seeme
to
be
his
owne
,
or
will
shew
himselfe
(
and
give
his
speech
or
countenance
)
for
the
one
side
,
at
the
time
that
the
matter
shall
be
heard
,
or
tryed
;
or
will
terrifie
or
discountenance
the
contrarie
side
;
or
generally
,
will
doe
any
thing
for
the
one
partie
,
to
the
hinderance
of
the
free
course
of
Iustice
against
the
other
.
Of
this
Maintenance
,
there
is
one
sort
that
beareth
a
speciall
name
,
and
is
called
Champartie
;
Champartie
.
because
the
partie
to
a
Suit
giveth
to
some
other
man
(
for
maintenance
sake
)
Campi
partem
,
that
is
,
some
part
of
the
thing
in
demand
,
or
otherwise
,
some
profit
going
out
of
the
same
.
And
Champartors
(
saith
the
Statute●
.
Ed.
1.
)
be
they
that
move
Pleas
and
Suits
,
or
cause
them
to
be
moved
by
their
owne
(
or
other
mens
procurement
)
and
sue
them
at
their
owne
proper
Costs
,
to
have
part
of
the
land
in
variance
,
or
part
of
the
gaines
that
may
come
by
the
Suit
.
The
persons
that
fall
into
the
fault
of
Maintenance
,
or
Champartie
,
be
eyther
publike
(
as
Officers
)
or
else
private
men
:
And
the
evils
that
doe
ensue
thereof
,
be
great
in
them
both
,
but
so
much
the
greater
in
publike
persons
,
as
they
have
(
which
private
men
doe
want
)
the
helpe
of
their
Offices
,
and
aide
of
their
Authoritie
,
to
worke
their
harmes
withall
.
For
if
it
be
permitted
,
that
every
one
(
and
especially
such
as
have
the
higher
Places
)
may
step
into
the
Quarrell
of
another
,
and
maintain
it
as
his
owne
,
both
by
his
Purse
and
other
Power
;
then
shall
the
Cause
of
the
poore
and
honest
be
overthrowne
,
and
trampled
under
foot
,
and
then
shall
the
wicked
be
imboldened
to
offer
injurie
;
and
the
way
to
redresse
,
shall
be
shut
up
and
fast
barred
.
The
Lawes
of
the
Realme
have
therefore
(
according
to
the
diversitie
of
the
offence
herein
)
ordained
sundry
and
diverse
punishments
:
And
first
,
for
Maintenance
,
thus
:
None
of
the
Kings
Councellors
,
servants
of
his
Household
Officers
of
his
Courts
,
or
great
men
of
the
Realme
,
shall
take
upon
them
to
maintaine
any
Quarrels
or
Parts
in
the
Countrey
,
to
the
disturbance
of
the
Common
Law
:
Vpon
paine
,
that
every
Officers
Bodies
,
Goods
,
&
Lands
shall
be
at
the
Kings
pleasure
,
1.
Ed.
3.
cap
.
14.
4.
Ed.
3.
cap
.
11.
20.
Ed.
3.
cap
.
4.
&
1.
R.
2.
cap
.
4.
No
man
shall
by
any
meanes
buy
or
sell
,
or
take
,
promise
,
or
covenant
to
have
any
pretended
Right
or
Title
to
any
Lands
,
Tenements
,
or
Hereditaments
,
unlesse
he
that
so
selleth
,
promiseth
or
covenanteth
,
or
his
Ancestors
,
or
they
by
whom
hee
claymeth
,
have
beene
in
possession
thereof
,
or
of
the
Reversion
or
remainder
thereof
,
or
have
taken
the
Rents
or
profits
thereof
by
the
space
of
one
whole
yeare
next
before
such
sale
,
covenant
,
or
promise
:
upon
paine
,
that
such
seller
or
promiser
shall
lose
the
whole
value
of
the
thing
bought
,
or
promised
;
and
that
such
buyer
or
taker
of
promise
(
knowing
hereof
)
shall
likewise
lose
the
whole
value
thereof
.
No
man
shall
by
any
sinister
labour
or
meanes
maintaine
any
matter
or
cause
,
to
the
disturbance
or
hinderance
of
Iustice
;
upon
paine
to
lose
10.
li.
for
every
offence
,
32.
H.
8.
cap
.
9.
No
Sheriffe
or
Steward
of
any
Court
shall
suffer
any
Barettor
,
or
maintainer
of
Quarrels
,
in
their
Countrie
Courts
,
or
other
Courts
;
upon
paine
,
that
the
King
shall
grievously
punish
both
the
Sheriffe
and
him
that
so
doth
,
3.
E.
1.
cap
.
32.
No
person
(
after
forcible
entrie
by
him
made
into
any
Lands
,
or
after
the
holding
the
same
with
force
)
shal
make
any
feoffement
or
discontinuance
thereof
(
for
maintenance
sake
)
to
any
Lord
,
or
other
person
,
to
defraud
the
Possessor
of
his
Recoverie
:
And
if
it
may
be
proved
,
thē
that
feoffement
or
discontinuance
shal
be
void
,
8
H.
6.
c
.
9.
No
person
shal
so
maintaine
any
Riot
,
Rout
,
or
unlawfull
Assembly
,
that
the
same
thereby
may
be
found
by
the
Iurie
(
charged
to
inquire
thereof
)
upon
the
paine
of
imprisonment
,
and
to
forfeit
20.
li.
19.
H.
7.
cap
.
13.
Touching
Champartie
,
it
is
ordained
,
that
such
as
take
Pleas
to
Champartie
by
any
craft
or
means
,
shall
(
if
they
be
any
of
the
Kings
Councellors
,
Household
servants
,
Iustices
of
his
Courts
,
or
ministers
there
)
have
3.
yeres
imprisonment
,
and
make
fine
at
the
K.
pleasure
,
21.
E.
1.
&
if
they
be
other
persons
than
such
,
thē
they
shal
forfeit
so
much
of
their
owne
Lands
and
Goods
,
as
the
thing
(
that
they
have
so
bought
)
shall
be
worth
,
28.
Ed.
1.
Giving
of
Liveries
.
GIving
of
Liveries
,
Badges
,
or
other
signes
or
tokens
,
is
the
next
fault
in
order
to
Maintenance
,
and
partaketh
of
the
same
nature
,
being
also
a
sort
of
Conspiracie
to
maintaine
some
partie
,
and
make
it
great
withall
;
for
on
the
one
side
,
when
Noble
(
or
mighty
men
)
and
Gentlemen
doe
perceive
that
the
tryall
of
Causes
in
the
Countrie
proceedeth
ordinarily
by
the
mouths
of
Franklins
and
Yeomen
(
Free-holders
)
and
doe
find
themselves
unable
(
without
such
)
to
cover
their
wrongs
and
oppressions
with
the
Cloake
of
Law
:
Then
doe
they
many
times
reteine
such
men
into
their
avowment
,
service
,
and
protection
;
offering
unto
them
the
countenance
of
their
own
Nobility
,
Authoritie
,
Wealth
,
and
Friends
,
that
they
also
may
receive
reciproque
favour
and
good
helpe
by
their
sollicitation
and
meanes
amongst
the
Free-holders
of
the
Country
that
be
their
Neighbours
,
Friends
,
and
Kinsfolke
.
And
on
the
other
side
these
Good
fellowes
,
seeing
that
the
Cloake
and
Cloth
of
a
Noble
man
,
or
other
great
personage
,
is
a
good
defensative
against
such
stormes
of
Law
(
or
other
businesses
)
as
doe
arise
in
the
Country
,
and
that
Might
doth
many
times
(
as
the
Proverbe
is
)
overcome
Right
.
They
also
willingly
and
by
great
Suit
emband
themselves
amongst
their
other
servants
;
and
many
of
them
when
they
finde
themselves
so
invested
,
wax
afterwards
as
bold
to
offer
wrong
to
their
Neighbours
,
as
they
were
glad
at
first
to
be
shielded
from
it
:
Besides
this
,
there
was
wont
to
be
another
kind
of
league
and
aliance
,
not
of
Master
and
Servant
,
but
of
equalls
amongst
themselves
,
whereof
no
lesse
harme
ensued
than
of
the
former
:
For
the
vulgar
and
base
people
,
espying
that
the
Church-men
were
rich
and
strong
by
their
immunities
,
the
Nobility
,
Gentrie
,
and
best
Yeomandrie
of
the
Countrie
were
fast
linked
in
bands
together
,
and
that
in
Cities
and
Corporate
Townes
also
,
there
was
an
usuall
combining
of
many
into
one
body
:
So
as
all
other
sorts
of
men
(
besides
themselves
)
were
strongly
united
,
and
they
onely
loose
,
and
left
to
themselves
:
They
also
fell
therefore
to
shoaling
and
banding
into
Companies
,
and
(
each
man
at
their
owne
charge
)
suited
themselves
in
like
Coats
,
Hoods
,
Hats
,
Laces
,
and
other
common
markes
,
whereby
they
might
be
knowne
each
to
other
of
them
.
Now
,
albeit
these
Conventions
may
(
at
the
first
shew
)
deceive
many
,
with
a
Vizard
of
Amitie
,
Love
,
and
Brotherhood
;
yet
the
wisdome
of
the
Law
(
that
is
able
to
unmaske
such
fraud
)
hath
discovered
many
dangerous
evils
,
that
lye
and
lurke
●nderneath
them
.
For
,
besides
that
the
common
●ourse
of
Iustice
betweene
man
and
man
,
was
greatly
interrupted
by
these
Confederacies
;
so
as
hardly
any
man
that
was
not
partie
to
such
a
Conjuration
,
could
either
aske
his
●ight
against
any
of
them
,
or
repell
●●e
injurie
that
they
should
offer
●nto
him
;
the
Cause
of
everyone
of
them
,
being
used
as
the
common
●●use
and
Quarrell
of
them
all
:
It
●as
found
perillous
(
by
many
proofes
)
●en
to
the
Estate
and
Kingdome
it
●●fe
,
that
either
Noblemen
or
Gentlemen
men
should
draw
so
long
Tailes
after
them
,
or
that
the
meaner
sort
of
the
people
should
be
suffered
to
make
so
strong
Bodies
and
Bands
within
themselves
;
both
which
,
are
the
Seed
and
Weed
of
Mutinie
,
Tumult
,
and
Rebellion
.
And
therefore
,
the
Lawes
have
armed
their
power
against
them
;
providing
at
the
first
,
That
no
Yeoman
,
or
other
person
,
(
under
the
degree
of
an
Esquire
)
shal
take
any
Liverie
of
any
Lord
,
except
he
be
his
Household
servant
,
or
continual
Officer
;
upon
paine
of
Fine
and
Imprisonment
,
16.
R.
2.
cap
.
4.
&
20.
R.
2.
cap
.
2.
Then
afterwards
it
was
ordained
,
upon
the
like
paine
,
That
no
Lord
,
Spiritual
or
Temporall
,
should
give
Liverie
to
any
Knight
,
or
Esquire
,
other
than
to
his
Household
servants
,
Officers
,
or
Councell
learned
in
the
Law
,
1.
H.
4.
cap
.
7.
Which
Law
stepped
so
far
into
this
matter
,
that
it
forbad
Knights
and
Esquires
to
weare
the
Kings
owne
Liverie
,
during
the
time
that
they
had
their
aboade
in
their
Countries
.
And
King
Henry
the
fourth
seeing
this
evill
to
encrease
,
did
also
encrease
the
paine
,
and
layd
5.
li.
upon
the
giver
of
every
Liverie
,
(
if
he
were
a
Knight
,
or
under
that
estate
)
and
40.
shillings
upon
the
taker
,
7.
Hen
.
4.
cap
.
14.
At
the
length
,
the
penaltie
of
5.
li.
for
every
moneth
,
was
inflicted
upon
the
giver
,
and
the
like
upon
the
taker
of
any
Liverie
,
except
he
were
his
Household-man
,
Officer
,
or
Councellor
at
the
Law
,
8.
Ed.
4.
cap
.
2.
And
because
it
was
at
the
length
perceived
,
that
the
Officers
of
the
Kings
owne
Castles
,
Mannors
,
Lands
,
Forrests
,
Chases
,
and
Parkes
,
were
retained
unlawfully
by
other
men
,
and
did
also
retaine
into
their
owne
services
unlawfully
the
Kings
Fermors
and
Tenants
;
those
offences
were
also
drawne
into
Iudgement
,
and
punished
,
by
the
losse
of
those
their
Offices
and
Leases
,
3.
H.
7.
cap
.
12.
Thus
farre
of
Liveries
,
Signes
,
or
Badges
,
given
by
the
Superiour
to
his
inferiour
.
As
touching
that
other
confederacie
by
the
common
people
,
the
same
was
also
prohibited
,
under
the
paine
of
40.
s
.
laid
upon
every
one
that
should
congregate
themselves
by
the
use
of
any
common
Liverie
;
those
Fraternities
and
Mysteries
of
Cities
and
Boroughes
(
that
were
ordained
to
a
good
intent
)
onely
excepted
,
7.
H.
4.
cap
.
14.
And
now
it
might
seeme
,
that
sufficient
Law
had
bin
provided
against
all
kind
of
Retainments
:
but
yet
that
was
found
true
,
which
one
said
;
He
that
will
devise
Law
against
offences
,
hath
the
head
of
Hydra
to
fight
withall
;
seeing
that
one
evill
is
no
sooner
cut
off
,
but
another
starteth
up
,
and
taketh
the
place
.
And
even
so
fell
it
out
in
this
matter
of
Retainments
:
For
when
the
Law
had
laid
sharpe
correction
upon
the
giving
of
Liveries
,
Signes
,
Badges
,
or
other
notorious
tokens
of
unlawfull
complots
;
then
was
it
devised
,
that
men
should
secretly
bind
themselves
together
(
for
maintenance
of
Quarrels
)
by
Oathes
,
Promises
,
or
Writings
;
whereof
there
grew
a
great
deale
more
hurt
,
than
of
all
the
other
Retainers
besides
:
for
that
,
in
those
other
Retainments
,
men
served
at
libertie
,
and
might
change
when
they
would
;
but
by
this
meanes
they
were
so
fast
tyed
,
that
without
breach
of
Oath
,
or
Promise
,
(
things
whereof
all
men
use
to
make
some
conscience
)
they
could
not
be
set
free
,
and
delivered
:
And
therefore
,
both
such
Retainers
,
and
he
that
is
retained
,
are
to
lose
100.
s
.
for
every
moneth
that
such
their
retainment
shall
continue
,
8.
Edw
.
4.
cap
.
2.
These
be
the
paines
that
Law
hath
provided
,
and
those
be
the
evils
that
former
times
have
espyed
,
concerning
this
matter
of
Retainment
.
But
yet
there
is
,
in
time
,
a
further
Mischiefe
begotten
;
the
which
if
those
Lawes
had
fore-seene
,
they
would
have
whetted
a
sharper
edge
against
it
:
For
seeing
that
in
former
Ages
,
the
payment
of
Subsidies
,
the
service
at
Musters
,
and
some
other
common
charges
of
this
our
time
,
were
not
usuall
;
the
harme
of
Retainments
was
not
then
so
throughly
seene
and
discovered
,
as
now
it
is
.
There
is
nothing
more
usuall
at
this
day
,
than
to
retaine
the
wealthiest
Yeomanrie
;
and
either
by
forbearing
them
wholly
,
or
charging
them
lightly
,
to
make
recompence
of
their
service
,
by
robbing
the
Queenes
Coffers
,
or
by
defrauding
Her
and
the
Realm
of
that
help
which
they
might
bring
,
if
they
were
equally
burdened
as
their
neighbours
be
,
and
not
favoured
by
men
that
manage
those
services
,
in
respect
that
they
belong
unto
them
.
Which
thing
considered
,
it
is
to
be
wished
,
that
eyther
sharper
Law
were
provided
,
or
(
at
the
least
)
the
former
Law
more
severely
executed
,
against
unlawfull
Retainments
.
But
now
to
the
rest
.
Embracerie
.
THat
Embracerie
of
the
Kings
subjects
,
which
is
mentioned
in
those
Statutes
,
may
be
of
two
sorts
:
For
either
it
may
be
taken
for
the
drawing
of
men
into
Bands
and
Companies
,
for
maintenance
sake
;
and
then
it
is
but
a
member
of
the
former
maintenance
:
or
else
it
may
signifie
,
the
seducing
of
Iurors
to
pervert
Iustice
;
the
which
is
more
properly
called
,
and
most
commonly
known
,
by
the
name
of
Embracerie
,
and
yet
is
a
sort
of
Maintenance
,
and
Conspiracie
also
:
For
in
this
respect
,
the
Statute
(
28.
Ed.
1.
)
called
this
sort
of
men
,
false
Informers
,
and
Embraceours
of
Assises
,
and
Iuries
:
And
the
Statute
(
38.
Ed.
3.
cap
.
13.
)
defineth
them
to
be
Embraceours
,
which
doe
sollicite
and
procure
Enquests
in
the
Countrie
,
to
make
gaine
and
profit
thereby
.
It
tooke
the
name
,
and
may
well
be
derived
,
either
of
the
French
word
Embracer
,
which
is
to
kindle
or
set
on
fire
;
or
else
of
the
word
Embrasher
,
of
the
same
Language
,
which
our
Tongue
hath
adopted
,
and
useth
in
the
same
sence
;
that
is
,
where
one
man
taketh
another
in
his
armes
,
and
(
as
we
usually
speake
)
embraceth
him
:
For
by
a
Metaphor
,
of
the
first
meaning
,
he
that
laboureth
a
Iurie
for
the
one
side
,
(
or
partie
)
may
well
be
tearmed
an
Embracer
,
because
he
cannot
doe
it
without
kindling
(
or
incensing
)
their
mindes
against
the
other
partie
:
And
●y
a
Metaphor
,
of
the
second
meaning
,
●e
may
be
said
to
be
an
Embraceour
of
a
Iurie
,
that
maketh
much
of
them
,
and
embraceth
them
in
the
armes
of
faire
speech
,
gifts
,
or
promises
;
to
the
end
,
to
allure
and
winne
them
to
the
one
side
,
against
the
other
.
So
that
,
if
a
man
will
take
upon
him
to
labour
and
plie
a
Iurie
for
the
one
side
,
before
they
come
to
the
Barre
;
or
for
to
affray
them
,
when
they
be
at
the
Barre
;
or
by
any
meanes
endeavour
to
corrupt
them
,
for
the
helpe
of
the
one
partie
against
the
other
;
hee
is
a
speciall
Maintainer
,
under
the
name
of
Embracerie
.
What
Evils
doe
follow
of
this
fault
,
may
be
seene
by
this
,
That
it
is
a
sort
of
Maintenance
;
and
therefore
sendeth
abroad
the
like
effects
,
in
generalitie
,
that
our
Maintenance
have
:
But
especially
,
it
is
occupied
in
corrupting
of
Iurors
,
which
are
(
i●
effect
)
the
very
Iudges
of
our
La●
seeing
that
the
Iudges
can
give
no
other
sentence
,
than
according
to
the
Verdict
which
the
Iurie
presented
unto
them
.
Now
what
harmes
may
ensue
by
poisoning
the
opinion
of
Iurers
in
the
Realme
(
wherein
the
chiefe
proceeding
in
Law
is
by
the
meanes
of
them
)
every
man
may
see
,
and
(
t●
say
the
truth
)
no
lesse
mischiefe
doe
accompanie
it
,
than
the
secret
undermining
,
ruine
,
and
overthrow
of
all
Law
,
Right
,
and
Iustice
.
Worthily
therefore
hath
the
Law
(
38.
Edw
.
3.
cap
.
12.
)
ordained
That
if
any
person
shall
(
for
his
owne
gaine
)
embrace
any
Iurie
or
Inquest
,
he
shall
lose
ten
times
so
much
as
he
received
;
and
〈◇〉
he
have
not
whereof
to
answe●
so
much
,
then
he
shall
endure
a
whole
yeeres
imprisonment
:
But
if
hee
shall
embrace
a
Iurie
,
without
taking
any
thing
for
his
labour
,
yet
by
the
Statute
(
32.
H.
8.
cap
.
9.
)
he
shall
pay
ten
●ounds
for
every
such
his
offence
.
Offences
in
the
making
of
Pannels
.
ANd
now
,
even
as
those
that
strive
to
doe
wrong
,
can
little
prevaile
by
running
the
course
of
Law
,
though
they
be
mightie
to
maintaine
,
though
they
be
never
so
furnished
with
Reteyners
and
Followers
,
and
though
they
can
perswasively
deale
with
Iurers
,
and
Inquests
also
,
unlesse
withall
,
by
the
helpe
of
the
Sheriffe
(
or
his
Clarke
)
such
men
be
returned
,
and
put
into
the
Pannell
for
them
,
as
they
themselves
should
nominate
,
or
like
:
Even
so
,
those
Statutes
,
seeing
that
Causes
in
Law
depend
no
lesse
upon
the
sound
and
upright
service
of
the
Sheriffe●
than
doth
the
doore
upon
the
hookes
(
by
the
meane
of
which
it
openeth
and
closeth
at
pleasure
)
they
have
in
the
first
place
noted
two
severall
misdemeanours
of
that
Officer
,
and
have
referred
the
correction
of
the
same
to
this
Honourable
Assembly
in
the
Star-Chamber
;
The
one
,
is
the
untrue
demeaning
of
the
Sheriffe
,
in
making
Pannels
;
the
other
,
is
his
falshood
in
other
returnes
.
By
the
Pannell
is
meant
that
Catalogue
(
or
Roll
)
wherein
the
names
of
24.
good
and
lawfull
men
ought
to
be
returned
by
the
Sheriffe
,
out
of
which
the
number
of
twelve
are
to
bee
tryed
and
sworne
,
and
to
yeeld
their
Verdict
upon
each
matter
in
issue
,
that
is
triable
(
by
Iurie
)
between
man
and
man
;
and
the
same
or
a
greater
number
of
them
,
to
be
charged
for
enquirie
on
the
behalfe
of
the
Queene
.
In
which
part
,
if
the
Sheriffe
shall
apply
himselfe
to
serve
,
not
the
Court
,
and
Iustice
,
(
whose
minister
hee
is
)
but
the
one
or
the
other
partie
(
that
shall
cor●uptly
winne
him
)
then
shall
not
●he
better
Cause
,
but
the
fuller
Purse
prevaile
;
and
it
shall
be
all
one
,
whether
the
partie
be
Iudge
of
his
owne
matter
,
or
procure
such
as
him●elfe
shall
denominate
,
to
passe
upon
●he
Tryall
for
him
.
And
as
in
this
part
of
his
Office
,
●he
good
demeanour
of
the
Sheriffe
maketh
much
to
the
furtherance
of
Right
;
and
his
corrupt
dealing
may
highly
advance
Injurie
,
and
Wrong
:
So
also
,
by
all
other
the
●eturnes
and
Answeres
of
his
service
to
her
Majesties
Courts
,
hee
may
greatly
helpe
or
hurt
the
matter
in
question
;
eyther
winning
time
against
the
Plaintiffe
,
by
di●●orie
Returnes
of
his
Writs
,
and
●●oces
;
or
wringing
the
Defendant
,
by
untrue
answer
made
of
that
which
he
hath
in
charge
,
or
abusing
both
them
and
the
Court
,
by
sending
in
no
returne
at
all
.
In
all
or
the
most
of
which
Cases
,
although
the
partie
(
defrauded
by
him
)
may
sometimes
helpe
himselfe
by
averrement
against
his
returne
;
sometimes
,
by
complaint
to
the
Court
where
the
suit
dependeth
:
and
other
times
may
find
amends
,
by
an
action
upon
the
Case
for
his
abuse
;
yet
the
Law
seeing
that
Iustice
is
many
times
both
delayed
&
deluded
by
such
unfaithfull
services
,
hath
first
(
touching
Pannels
generally
)
provided
by
the
Statutes
(
42.
Ed.
3.
cap
.
11.
34.
Edward
.
3.
cap
.
4.
)
for
the
better
direction
of
the
Sheriffe
in
that
behalfe
,
that
(
upon
paine
to
be
fined
after
the
quantitie
of
the
damage
sustained
by
the
partie
)
in
all
manner
of
Pannells
,
those
persons
should
be
put
that
be
most
substantiall
,
worthy
of
faith
,
and
not
suspected
,
nor
procured
,
but
having
best
knowledge
of
the
truth
,
and
being
most
nigh
to
the
place
,
where
the
question
in
Law
doth
arise
.
And
(
18.
H.
6.
cap
.
14.
)
it
was
ordained
to
continue
for
a
time
,
That
if
the
Sheriffe
,
or
Bailiffe
,
should
take
any
thing
for
arrayring
of
Pannels
,
the
Partie
grieved
should
have
his
Action
,
and
recover
ten
times
so
much
against
him
.
And
that
this
abuse
may
bee
the
more
surely
repressed
(
especially
in
case
where
the
service
concerned
the
Prince
himselfe
)
order
was
taken
by
the
Statute
(
3.
H.
8.
cap
.
12.
)
That
the
Iustices
of
Goale-deliverie
,
and
of
the
Peace
,
might
reforme
all
Pannels
returned
before
them
,
to
serve
the
King
;
and
that
the
Sheriffe
and
his
Ministers
should
(
under
the
pain
of
twenty
pound
)
eftsoones
returne
the
same
so
reformed
by
them
.
Many
other
Rules
there
are
,
particulary
set
downe
by
sundrie
Statutes
,
concerning
the
value
in
lands
or
goods
,
of
the
Iurors
returned
,
in
sundrie
sorts
of
Actions
;
concerning
Hundredors
,
to
be
inserted
in
the
Pannell
amongst
them
;
touching
the
quantitie
of
the
Issues
that
the
Sheriffe
ought
to
returne
upon
every
of
their
heads
,
and
such
other
matters
,
whereof
many
doe
carrie
their
speciall
paines
within
them
:
all
which
are
over-long
to
be
recited
here
,
and
be
sufficient
of
themselves
to
make
the
Body
of
a
large
Discourse
.
Vntrue
Returnes
by
Sheriffes
.
TO
come
to
the
other
part
thereof
,
where
either
the
Sheriffe
will
not
receive
the
Writ
at
all
,
or
(
receiving
it
)
will
either
make
no
returne
,
or
a
subtill
or
false
returne
of
the
same
;
there
is
a
large
Statute
made
,
(
13.
Ed.
1.
39.
)
by
which
it
is
enacted
,
That
the
partie
may
deliver
his
Writ
openly
to
the
Sheriffe
,
to
be
served
,
taking
a
Bill
thereof
from
the
Sheriffe
himselfe
,
or
other
witnesses
:
And
if
hee
doe
not
then
returne
the
same
,
the
partie
shall
have
Damages
against
him
,
according
to
the
perill
that
might
come
unto
him
by
that
delay
.
The
like
Remedie
is
there
given
,
if
the
Sheriffe
will
untruly
returne
;
That
the
Writ
came
so
late
to
his
hands
,
that
he
could
not
,
for
want
of
time
,
make
execution
of
it
.
There
is
helpe
also
for
the
untrue
returnes
of
small
Issues
,
upon
a
man
whose
Land
is
able
to
answere
great
:
And
for
the
unjust
charging
of
Bayliffes
of
Liberties
,
to
have
made
him
none
answere
of
the
Writs
that
he
sent
unto
them
:
In
all
which
Cases
of
false
returne
,
power
is
given
to
the
ordinarie
Iustices
,
to
punish
a
Sheriffe
once
or
twice
for
his
offences
:
But
if
he
offend
the
third
time
,
that
then
no
man
shall
have
to
doe
therewith
,
but
the
King
:
Even
as
(
by
the
same
Statute
)
no
Iudge
or
Officer
may
take
upon
him
to
punish
a
great
man
(
that
shall
resist
the
Sheriffe
in
the
execution
of
the
K.
Writs
)
but
the
King
himselfe
,
to
whom
that
power
is
reserved
:
Because
(
as
the
Statute
speaketh
)
such
persons
be
disturbers
of
the
Kings
Peace
,
and
of
his
Realme
.
But
,
for
as
much
as
the
Vnder-Sheriffes
(
or
Clarkes
of
the
Vnder-Sheriffes
)
waxed
bold
to
commit
the
same
offences
,
for
which
their
Masters
were
to
be
punished
,
and
for
which
,
as
yet
,
there
was
not
any
Sword
of
Law
drawne
against
themselves
;
there
was
(
in
the
time
of
the
same
King
)
an
Ordinance
made
,
(
and
called
,
Tractatus
contra
Vice-comites
,
&
Clericos
)
By
which
it
is
to
be
provided
,
That
if
the
Offence
of
a
false
returne
be
found
in
the
person
of
such
a
Clarke
to
the
Sheriffe
;
then
shall
that
Clarke
both
make
Fine
to
the
King
,
and
satisfie
the
partie
hurt
,
(
if
he
be
able
)
and
the
Sheriffe
to
goe
quit
:
But
if
the
Clarke
be
insufficient
,
then
is
the
Sheriffe
himselfe
to
answer
for
him
.
Howbeit
,
this
last
Age
hath
proceeded
further
,
and
hath
given
order
,
(
27.
Eliz
.
cap
.
12.
)
That
as
well
the
Vnder-Sheriffe
,
and
his
Clarke
(
or
Deputie
)
as
each
Bayliffe
of
Franchise
,
shall
take
an
Oath
,
for
the
avoiding
of
this
and
other
corruptions
.
It
would
prove
tedious
,
to
prosecute
the
varietie
of
all
those
paines
and
forfeitures
,
that
Law
(
in
force
)
hath
devised
against
the
untrue
Returnes
of
the
Sheriffes
;
neither
is
it
so
fit
for
the
purpose
,
that
I
have
now
in
hand
;
seeing
,
that
in
the
most
of
them
,
the
ordinarie
remedie
(
given
by
those
Statutes
)
is
sufficient
for
revenge
:
And
therefore
,
having
already
opened
that
part
which
best
serveth
for
giving
Iurisdiction
to
this
Court
,
I
will
goe
forward
to
the
handling
of
the
rest
.
Taking
of
Money
by
Iurors
.
IT
is
justly
to
be
suspected
,
that
if
the
Iurie
take
Money
,
to
give
their
Verdict
;
they
,
with
Iudas
,
betray
the
truth
:
And
if
it
be
most
true
,
that
Gifts
and
Bribes
will
pervert
the
Iudgement
,
even
of
the
wisest
;
then
how
can
it
be
otherwise
,
but
that
the
common
man
shall
be
drawne
aside
,
and
corrupted
thereby
:
The
which
fault
is
so
much
the
greater
,
than
either
is
Conspiracie
or
Maintenance
in
the
parties
,
(
that
be
but
private
men
)
or
false
and
undue
dealings
in
the
Sheriffe
,
and
his
Clarke
,
(
being
publike
Officers
)
as
how
soever
they
should
conclude
amongst
themselves
,
and
close
together
:
Yet
an
upright
and
faithfull
Iurie
,
that
(
without
respect
of
reward
)
would
attend
the
truth
of
their
Evidence
,
might
overthrow
the
frame
of
whatsoever
mischiefe
they
should
imagine
,
or
intend
betweene
them
:
And
therefore
,
when
the
Iurours
also
,
that
be
(
as
I
said
)
more
than
halfe
Iudges
of
the
Controversie
;
shall
pledge
the
one
of
the
parties
in
that
Cup
of
Poyson
,
which
hee
hath
brewed
,
to
destroy
the
life
of
his
adversaries
right
;
what
can
be
looked
for
,
but
that
the
better
Side
shall
have
the
worse
,
and
take
the
fall
?
And
this
being
seene
to
the
Law
,
it
was
ordained
,
34.
Ed.
3.
c
.
8.
That
if
a
Iuror
(
in
any
Enquest
to
be
taken
for
the
King
,
or
betweene
parties
)
doe
take
any
thing
,
by
himselfe
,
or
by
any
other
of
the
parties
,
Plaintiffe
or
Defendant
,
to
say
the
Verdict
;
then
shal
he
pay
Decies
tantum
,
ten
times
so
much
as
he
hath
taken
;
whereof
the
one
halfe
be
to
the
King
,
(
whose
Iustice
and
Iudgement
hee
hath
perverted
)
and
the
other
halfe
to
the
partie
(
or
any
other
)
that
wil
sue
for
the
same
:
And
if
he
have
not
to
satisfie
the
Law
,
then
to
have
the
imprisonment
of
a
whole
yeare
.
In
which
Statute
,
one
thing
is
specially
to
be
observed
;
That
,
to
take
any
thing
whatsoever
(
for
saving
of
the
Verdict
)
is
an
offence
against
it
:
although
the
Statute
,
(
3.
H.
7.
)
that
submitteth
this
fault
to
the
punishment
of
the
Star-chamber
,
hath
no
mention
,
but
of
the
taking
of
Money
onely
:
Which
words
,
if
they
be
not
construed
by
an
equitie
,
the
whole
Law
may
(
for
this
point
)
be
deluded
by
it
.
Riots
,
Routs
,
and
Rebellious
Assemblies
.
AFter
this
,
and
the
rest
of
the
offences
,
that
are
carried
in
the
Lap
of
Fraud
,
Covin
,
and
Deceit
;
great
Riots
,
and
unlawfull
Assemblies
,
that
will
make
their
way
by
fine
force
,
came
next
to
my
hand
:
The
which
two
,
though
they
be
distinct
faults
,
both
in
the
propertie
of
their
owne
nature
,
and
in
the
order
of
these
Statutes
;
yet
,
because
(
for
the
most
part
)
the
one
is
but
the
effect
,
and
sequele
of
the
other
,
I
will
wynde
them
up
both
in
one
Bottome
together
.
Not
with
cause
,
but
for
distinction
sake
,
doth
this
Statute
(
3.
Henr
.
7.
)
call
some
Riots
,
great
:
For
sundrie
former
Lawes
doe
note
two
manner
of
Riots
;
the
one
lesse
,
aswell
in
respect
of
the
small
number
of
the
persons
that
commit
it
,
as
in
regard
of
the
small
terrour
,
disturbance
or
hurt
that
ensueth
of
it
;
the
other
great
,
or
hainous
,
because
it
favoureth
of
a
more
general
disobedience
,
even
to
the
shaking
of
the
Estate
;
and
is
,
or
may
be
(
in
regard
of
the
number
or
quarrell
)
a
very
Seed
of
Mutinie
,
and
Rebellion
.
And
therefore
the
Statutes
(
5.
Richard
2.
cap
.
6.
&
7.
Richard
2.
cap
.
2.
&
6.
)
doe
terme
the
Riots
of
this
latter
sort
by
the
names
of
Rumours
,
great
Ridings
,
Routs
,
and
Riots
,
against
the
Peace
.
The
Statute
(
2.
Henr
.
5.
cap
.
9.
)
calleth
them
Assemblies
of
people
in
great
number
,
in
manner
of
insurrection
;
and
●he
Lawes
(
5.
Rich
.
2.
cap
.
6.
&
1.
Mar.
Parl
.
1.
cap
.
12.
)
doe
name
them
Rebellious
Insurrections
,
and
Rebellious
Assemblies
.
But
the
offences
of
all
these
sorts
,
are
now
at
this
day
distinguished
by
three
received
names
;
that
●s
,
unlawfull
Assemblie
,
Rout
,
and
Riot
.
An
unlawfull
Assemblie
,
is
commonly
taken
to
be
,
where
a
companie
of
three
persons
(
or
moe
)
bee
gathered
together
;
to
the
end
,
●o
commit
(
forcible
)
an
unlawfull
Act.
A
Rout
,
is
likewise
construed
to
●e
,
where
such
a
Companie
of
three
or
more
)
being
gathered
to
such
●n
end
,
doe
move
forward
(
by
going
●or
riding
)
for
the
putting
of
their
●●tention
in
practice
;
and
yet
doe
●ot
come
to
the
very
actuall
handing
and
execution
of
their
purpose
.
A
Riot
is
the
very
effect
,
and
finall
act
of
such
a
Company
of
three
(
or
moe
)
assembling
,
proceeding
,
and
putting
in
execution
(
forcibly
)
that
unlawfull
worke
which
they
intentded
.
As
for
example
,
If
three
persons
(
or
moe
)
under
the
number
of
twelve
,
doe
assemble
themselves
unlawfully
,
to
beat
any
person
;
or
to
enter
forcibly
into
the
house
or
land
of
any
other
,
or
to
pull
downe
the
inclosures
,
or
any
Parke
,
Warren
,
or
,
ground
inclosed
;
or
to
destroy
any
Fish-pond
,
Poole
,
or
Dove-house
,
or
to
doe
such
other
act
,
and
(
being
so
assembled
)
doe
goe
forward
about
the
same
,
and
doe
effect
their
desire
;
then
is
this
an
unlawfull
Assembly
,
for
their
first
meeting
;
a
Rout
,
for
their
moving
forward
;
and
a
Riot
,
in
the
end
,
by
their
execution
.
The
word
Rout
,
came
from
the
Saxons
(
our
elders
)
who
to
this
day
call
Rot
,
a
band
(
or
companie
of
men
)
riding
together
.
Riot
,
we
borrowed
of
the
French
,
Rioter
,
which
is
,
to
braule
,
or
scold
,
because
most
commonly
outragious
deeds
doe
follow
contentious
and
scolding
words
.
The
evils
that
will
ensue
,
if
fellow
subjects
may
be
suffered
to
run
(
when
they
list
)
on
heapes
,
and
to
put
and
push
each
at
other
(
as
the
wild
and
savage
Beasts
of
the
field
and
Forrest
are
wont
to
doe
)
be
so
great
and
apparant
,
that
they
bewray
themselves
,
and
need
no
words
to
blaze
them
:
The
paines
thereof
that
Law
hath
inflicted
upon
such
Assemblies
,
Routs
,
and
Riots
,
bee
these
:
They
shall
be
taken
by
the
Iustices
of
the
Peace
,
and
Sheriffe
,
and
bee
throwne
into
the
next
Goale
,
till
they
have
made
Pine
,
and
Ransome
to
the
King
,
15.
Rich
.
2.
cap
.
2.
Rioters
,
attainted
of
great
and
hainous
Riots
,
shall
be
imprisoned
one
whole
yeare
(
at
the
least
)
without
Baile
,
or
Mainprise
,
and
then
make
grievous
Fines
:
And
such
as
shall
bee
attainted
of
Petite
Riots
,
shall
have
imprisonment
,
and
make
Fine
,
as
shall
seeme
good
to
the
Kings
Iustices
,
2.
Henr
.
5.
cap
.
8.
But
if
the
number
of
such
an
Assemblie
be
twelve
,
or
above
,
that
shall
attempt
any
of
the
things
prohibited
by
the
Statute
,
(
made
against
unlawfull
and
rebellious
Assemblies
,
in
the
first
yeere
of
Queene
Maries
Reigne
)
and
doe
continue
together
by
the
space
of
one
houre
,
after
proclamation
orderly
made
for
them
to
depart
;
then
is
their
offence
Felonie
,
and
may
receive
punishment
in
another
degree
,
and
in
another
Court
,
by
the
ordinarie
course
of
lawfull
tryall
.
Thus
have
I
detected
these
severall
Offences
,
that
are
specially
signified
by
these
two
Statutes
:
Wherein
I
have
not
so
largely
extended
my
Discourse
,
as
the
Argument
it selfe
will
beare
;
(
especially
for
that
part
which
describeth
the
Paines
)
partly
,
because
I
undertooke
to
make
onely
a
Summarie
shew
of
the
whole
Matter
;
and
partly
,
for
that
those
Honourable
Iudges
are
not
tyed
(
as
I
said
)
to
the
prescript
Paines
of
those
Statutes
:
but
may
(
as
the
Case
shall
offer
to
their
grave
Considerations
)
eyther
alter
,
encrease
,
or
otherwise
qualifie
any
of
the
same
.
Counterfeits
of
Privie
Tokens
.
TO
these
(
for
an
end
)
I
must
adjoyne
such
other
Statutes
also
(
now
in
force
)
as
have
been
enacted
since
that
time
;
and
in
which
,
there
is
speciall
direction
of
power
given
to
the
Lords
and
other
of
her
Majesties
Councell
in
the
Star-chamber
,
as
namely
first
that
Act
(
made
33.
Henr
.
8.
cap
.
1.
)
against
the
Counterfeitors
of
Privie
Tokens
,
and
Letters
,
in
the
names
of
other
persons
,
for
the
obteyning
of
money
,
or
other
goods
.
Then
that
other
Act
(
which
passed
4.
&
5.
Phil
.
&
Mar.
cap
.
8.
)
against
the
conveighing
away
of
Maidens
under
the
age
of
sixteene
yeeres
,
from
the
possession
of
their
Parents
,
or
Governours
;
and
against
the
contracting
of
Matrimonie
with
any
such
Maidens
,
their
Parents
not
knowing
thereof
,
or
not
consenting
thereunto
.
And
lastly
,
that
Act
(
ordained
in
the
5.
yere
of
our
Soveraigne
Lady
that
now
is
,
cap
.
14.
)
against
the
forging
of
deeds
,
5.
Eliz
.
c
.
14.
Instruments
,
and
Writings
,
in
their
sundry
Natures
and
Degrees
.
Of
which
Lawes
,
I
shall
not
need
to
spend
any
further
speech
,
but
onely
thus
to
point
them
out
;
considering
that
they
doe
most
amplie
and
plainely
comprehend
within
themselves
,
aswell
the
severall
natures
of
the
faults
,
and
the
evils
that
ensue
thereof
,
as
also
the
punishments
that
are
to
be
inflicted
for
everie
of
the
same
.
And
therefore
,
this
is
all
that
(
for
this
time
and
service
)
I
purposed
to
say
of
this
most
noble
and
praise-worthy
Court
;
the
beames
of
whose
bright
Iustice
,
(
equall
in
beautie
with
Hesperus
and
Lucifer
,
as
Aristotle
said
in
a
like
case
)
doe
blaze
and
spread
themselves
as
farre
as
this
Realme
is
long
,
or
wide
:
and
by
the
influence
of
whose
super-eminent
Authoritie
,
all
other
Courts
of
Law
,
and
Iustice
,
that
wee
have
,
are
both
the
more
surely
supported
,
and
the
more
evenly
kept
,
and
managed
.
The
Court
of
Requests
.
IN
that
the
Court
of
Requests
handleth
Causes
,
that
desireth
Moderation
of
the
rigour
which
the
Common
Law
denounceth
,
it
doth
plainely
participate
with
the
nature
of
the
Chancerie
;
but
in
that
the
Bills
here
be
exhibited
to
the
Majestie
of
the
King
onely
,
and
to
none
other
;
and
in
that
the
Masters
of
Requests
were
sworne
of
the
Kings
Councell
,
and
the
Place
hath
continually
been
served
with
a
Clarke
,
that
was
ever
therewithall
one
of
the
Clarks
of
the
Kings
Privie
Seale
,
which
is
yet
still
the
originall
Writ
of
this
Court
:
It
seemeth
to
communicate
with
the
Star-chamber
it selfe
,
and
to
derive
her
Authoritie
immediately
from
the
Royall
Person
,
and
his
Councell
,
as
that
doth
.
For
the
very
same
Authorities
,
and
Reasons
,
by
the
which
wee
have
alreadie
proved
before
,
that
the
King
may
be
appealed
unto
,
for
matter
of
Crime
,
where
just
cause
doth
enforce
it
;
doe
no
lesse
forcibly
convince
,
that
he
is
also
to
be
fled
unto
for
Equitie
,
in
rare
cases
in
civill
suit
,
where
the
ordinarie
rule
of
his
Law
is
too
hard
and
heavie
for
his
subjects
.
And
no
lesse
incident
is
it
to
the
Kingly
Office
,
to
relieve
the
Suitors
oppressed
under
the
burthen
of
grievous
Law
,
than
to
devise
correction
for
the
insolent
Malefactors
,
against
whom
no
former
Law
or
Statute
hath
beene
provided
.
It
is
out
of
all
doubt
therefore
,
that
as
our
Kings
have
used
personally
to
receive
complaints
of
Criminall
condition
,
and
have
adjudged
thereof
,
by
themselves
,
or
by
their
Councel
of
Estate
;
so
haue
they
also
,
from
time
to
time
,
taken
knowledge
of
Civil
suites
(
especially
offered
by
the
poorer
sort
of
Subjects
,
or
by
their
own
houshold
men
;
)
&
have
for
the
most
part
recommended
the
same
to
the
care
of
some
of
their
said
Councell
,
assisted
with
the
advice
of
men
learned
both
in
the
Civil●
and
Common
Lawes
:
so
as
some
one
temporall
Lord
,
or
Bishop
,
two
Doctors
,
and
two
Common
Lawyers
have
beene
many
times
knowne
to
have
sitten
here
for
the
Requests
together
.
And
hereof
it
was
(
as
I
suppose
)
that
the
Cause
of
the
two
Sisters
,
(
whereof
I
have
told
you
in
the
Star-chamber
before
)
was
said
to
have
beene
heard
before
the
President
of
the
Requests
,
that
is
,
before
the
Lord
,
or
Bishop
,
which
was
the
principall
person
of
this
Commission
or
Company
.
Now
,
albeit
there
can
no
other
beginning
hereof
bee
conceived
,
then
together
with
the
very
regality
,
and
kingdome
it selfe
;
yet
forasmuch
as
they
of
this
Court
have
not
alwayes
had
their
standing
place
of
resort
,
but
have
untill
the
age
next
before
this
,
remained
,
and
remooved
with
the
King
whersoever
he
went
,
travailing
betweene
the
Prince
,
and
petitioners
,
by
direction
from
the
mouth
of
the
King
:
I
have
in
this
,
as
in
the
Star-chamber
also
,
taken
the
first
apparent
setling
and
manifest
continuance
thereof
,
for
the
very
spring
and
originall
it selfe
.
And
I
have
lately
seene
,
that
from
the
eighth
yeare
of
King
Henry
the
seventh
,
ever
since
which
time
this
Court
hath
rested
in
the
place
called
the
White-hall
;
the
bookes
of
the
acts
(
or
Entries
)
there
have
beene
orderly
digested
and
kept
,
in
which
you
may
reade
the
handling
of
the
causes
,
not
onely
of
poore
men
,
and
the
Kings
servants
,
but
also
of
sundry
noble
Persons
,
Abbots
,
Knights
,
Esquires
,
and
other
rich
&
wealthy
complainants
.
Howbeit
I
doe
well
remember
,
that
within
these
40.
yeares
,
the
bills
of
complaints
presented
there
,
did
ordinarily
carry
the
one
,
or
the
other
of
these
two
suggestions
,
namely
,
that
the
Plaintiffe
was
a
very
poore
man
,
not
able
to
sue
at
the
Common
Law
,
or
the
Kings
servants
,
ordinarily
attendant
upon
his
person
,
or
in
his
houshold
.
But
because
enlargement
of
jurisdiction
is
not
proper
to
Court
alone
,
but
common
to
it
with
all
the
rest
,
I
will
not
now
stand
to
object
it
,
but
hasten
to
an
end
.
The
Masters
of
the
Requests
are
neither
called
by
Writ
,
nor
appointed
by
Commission
,
nor
created
by
Patent
as
other
Iudges
be
;
which
argue
the
immediate
authority
of
the
Prince
to
bee
exrecised
by
them
;
but
onely
have
Letters
Patent
for
their
Fees
and
Sallarie
,
and
were
wont
to
take
the
same
Oath
,
which
the
Councellors
of
estate
doe
yet
conceive
.
The
Clarkeship
of
this
Court
hath
,
as
I
said
,
beyond
all
memory
beene
committed
to
a
Clarke
of
the
Privie
Seale
.
For
Master
Richard
Ossley
,
now
Clarke
,
hath
served
in
that
place
sixe
and
forty
yeares
,
succeeding
therein
to
his
Vncle
Richard
Turner
,
who
had
spent
threescore
and
sixe
yeares
partly
as
servant
,
and
partly
as
Officer
there
.
The
same
Turner
had
followed
Robert
Sampson
,
the
successor
of
Lacy
,
both
well
knowne
unto
him
,
all
which
were
in
their
times
ioyntly
both
Clarkes
of
the
Privy
Seale
,
and
of
this
Court
also
.
The
Atturneyes
were
in
my
first
knowledge
of
them
,
but
two
onely
;
and
now
are
three
,
whose
places
are
at
the
disposition
of
the
Clarke
.
The
usuall
Processe
is
by
Privy
Seale
,
alias
Privie
Seale
,
Attachment
,
and
Writ
of
Rebellion
,
if
the
contumacy
of
the
Defendant
doe
so
deserve
:
In
the
rest
of
the
proceedings
,
the
course
is
not
much
different
from
the
order
of
the
Chancery
.
The
President
and
Councells
.
KIng
Hen
.
8.
established
one
Court
of
President
and
Councell
in
the
Marches
of
Wales
,
and
another
like
Court
of
President
and
Councell
in
the
North
parts
,
both
which
be
Courts
of
Equitie
in
the
principall
jurisdiction
,
although
they
doe
withall
,
exercise
other
powers
by
vertue
of
other
severall
Commissions
,
and
doe
accompany
the
same
.
The
Dutchy
Court
of
Lancaster
.
THe
Court
of
the
Dutchy
or
Countie
Palatine
of
Lancaster
,
grew
out
of
the
grant
of
the
same
King
Ed.
3
who
first
gave
that
Dutchie
to
his
Sonne
Iohn
of
Gaunt
,
and
endowed
it
with
such
Royall
rights
as
the
Countie
Palatine
of
Chester
had
.
And
forasmuch
as
it
was
afterwards
extincted
in
the
person
of
K.
H.
4.
by
reason
of
the
Vnion
of
it
with
the
Crowne
of
the
Realme
,
the
same
K.
knowing
himselfe
to
be
more
rightfully
Duke
of
Lancaster
,
than
King
of
England
,
determined
to
save
his
right
in
the
Dutchie
,
whatsoever
should
befall
him
in
the
possession
of
the
Kingdome
.
And
therefore
he
separated
his
Dutchie
from
the
Crowne
,
and
setled
it
so
,
in
the
naturall
person
of
himselfe
,
and
his
heires
,
as
if
he
had
beene
no
K.
or
politicke
body
at
all
:
In
which
plight
it
continued
during
the
Reignes
of
K.
H.
5.
and
K.
Hen
.
6.
that
were
his
descendants
.
But
when
K.
Ed.
4.
had
by
recovery
of
the
Crowne
,
continued
the
right
of
the
House
of
Yorke
,
he
feared
not
to
appropriate
that
Dutchie
to
the
Crowne
againe
.
And
in
this
manner
it
came
together
with
the
Crowne
to
K.
H.
7.
who
liking
well
of
the
policie
of
K.E.
4.
by
whose
right
also
he
obtained
the
Kingdom
,
made
like
separation
of
the
Dutchie
as
he
had
done
before
,
and
so
left
to
his
posteritie
which
doe
yet
enjoy
it
.
The
Court
of
Wards
and
Liveries
.
THe
Court
of
Wards
began
in
our
memorie
,
about
32.
yeare
of
the
Raigne
of
K.
H.
8.
who
also
in
the
next
yeare
after
added
thereunto
the
office
of
the
Master
of
the
Liveries
,
and
therewithall
conjoyned
their
names
,
ordayning
that
it
should
bee
called
the
Court
of
Wards
and
Liveries
.
The
Court
of
Augmentation
.
THe
same
King
likewise
had
erected
one
Court
of
the
generall
Surveyors
of
his
Lands
,
and
one
other
of
the
augmentations
and
revenues
of
his
Crowne
,
and
a
third
Court
of
the
first
fruits
and
tenths
of
Benefices
.
But
all
these
were
afterwards
dissolved
,
and
by
Queene
Mary
united
to
the
Court
of
Exchequer
.
The
Wardens
Court
.
HOwsoever
in
the
stormes
of
open
warre
and
hostilitie
between
us
and
the
Scots
,
our
most
ancient
enemies
,
the
subjects
on
either
side
have
gone
to
wracke
,
and
the
Lawes
have
beene
silent
,
while
the
Drum
and
Trumpet
were
heard
to
sound
,
yet
in
every
calme
,
and
upon
everie
truce
,
or
peace
taken
and
concluded
,
both
Humanitie
,
Reason
,
and
Custome
have
afforded
mutuall
,
and
reciprocall
deliverie
of
Law
,
and
Iustice
to
the
one
subject
against
the
other
:
without
the
which
,
truce
were
not
onely
no
truce
at
all
,
but
the
continuance
of
a
daily
,
&
most
dangerous
lying
in
wait
,
which
would
bring
with
it
a
greater
evill
and
mischiefe
,
then
warre
it selfe
.
And
therfore
to
the
end
that
the
conditions
of
the
peace
agreed
upon
,
might
be
inviolably
observed
for
the
time
,
and
that
,
both
restitution
for
harmes
,
and
punishments
upon
harme
doers
,
might
be
made
,
and
executed
with
all
indifferencie
:
Certaine
Courts
have
of
long
time
beene
maintained
by
the
Wardens
,
or
Keepers
of
the
Marches
,
and
Limitative
grounds
,
that
doe
border
upon
either
of
the
said
Kingdomes
,
the
which
are
open
to
all
that
will
complaine
of
any
Offence
,
tending
to
the
violation
of
that
Common
peace
of
both
the
Nations
.
And
albeit
that
is
very
probable
,
that
the
same
begun
with
the
first
truce
taken
betweene
us
,
and
the
Scots
,
(
seeing
that
without
it
,
or
some
such
mean
,
the
Articles
of
the
truce
could
not
well
bee
maintained
)
:
yet
forasmuch
as
the
bounds
betweene
us
and
the
Scots
,
were
not
constant
nor
setled
,
but
verie
moveable
and
uncertaine
,
(
even
as
either
side
did
for
the
time
winne
,
or
lose
upon
the
other
,
)
untill
that
both
the
Townes
of
Carlile
and
Barwick
(
being
meetest
to
command
at
either
end
)
were
without
change
,
reduced
to
our
hands
and
possession
.
Edmund
Comes
Arundel
,
fuit
custos
Marchiae
Scotiae
6.
E.
2.
pillis
exitus
.
I
suppose
,
that
these
Courts
were
planted
about
the
time
of
King
Edw
.
2.
or
the
3.
and
so
taking
root
from
thence
by
little
and
little
,
to
have
growne
to
that
stayed
order
and
authoritie
which
now
they
doe
enjoy
.
They
on
our
part
,
be
at
this
day
in
number
3.
whereof
one
hath
sprung
up
since
the
time
of
K.
H.
6.
who
in
a
Statute
(
made
in
the
31.
yeare
of
his
reign
,
for
redresse
of
Indictments
taken
there
)
reciteth
onely
the
two
courts
of
the
East
and
West
Marches
,
using
no
words
at
al
of
the
Middle
March
,
which
is
now
of
the
like
credit
with
them
.
The
same
Statute
also
boundeth
the
Iurisdiction
of
these
Courts
,
not
to
extend
beyond
the
Shires
of
Westmerland
,
Cumberland
,
and
Northumberland
,
and
the
Towne
of
Newcastle
upon
the
River
of
Tyne
.
What
manner
of
proceeding
they
use
,
I
do
not
throughly
know
,
neither
is
it
greatly
pertinent
to
this
present
labour
,
and
therefore
leaving
the
search
thereof
to
such
as
shall
bee
desirous
to
understand
the
same
,
I
will
proceede
as
I
have
begun
.
The
Parliament
.
BVt
now
the
Ecclesiasticall
Courts
being
numbred
,
and
these
mee●Lay-Courts
thus
handled
,
it
resteth
,
that
I
adjoyn
the
Parliament
,
which
is
mixed
of
both
these
natures
,
as
having
the
Bishops
in
respect
of
their
Baronies
,
and
not
of
their
Churches
,
joyned
with
the
Lay-Lords
to
make
up
the
second
estate
thereof
.
The
first
estate
consisting
of
the
Prince
alone
,
and
the
third
of
the
Comminaltie
,
without
any
of
the
Clergie
at
all
.
Besides
the
which
,
it
is
summoned
to
devise
Lawes
,
both
Ecclesiasticall
,
Civill
,
Criminall
,
and
Martiall
,
it
ministreth
the
matter
whereupon
all
the
rest
of
the
Courts
do
worke
,
and
it
hath
in
some
cases
,
an
ordinarie
Iurisdiction
also
.
That
which
wee
(
now
agreeing
with
the
Scots
)
doe
name
a
Parliament
,
the
Frenchmen
doe
call
Les
Estates
,
or
Assembly
des
Estates
,
because
with
them
there
,
as
with
us
also
,
the
Estates
of
the
Land
doe
meete
thereat
,
to
consult
;
and
the
same
in
Germany
,
is
termed
a
Dyet
,
for
these
other
Courts
that
carry
the
name
of
Parliament
in
France
,
be
but
ordinarie
Courts
of
Iustice
,
which
as
Paulus
Iovius
writeth
,
are
thought
to
have
bin
planted
there
by
us
.
And
of
which
our
owne
Councells
(
established
in
Wales
,
and
in
the
North-parts
)
doe
beare
the
neerest
shew
,
and
resemblance
.
The
word
Parliament
.
THe
word
Parliament
(
saith
one
)
is
compounded
of
Parium
and
Lamentum
,
because
(
as
he
thinketh
)
the
Peeres
of
the
Countrie
did
at
these
meetings
lament
and
complain
each
to
other
of
the
enormities
of
their
Countrey
,
and
thereupon
provided
redresse
for
the
same
.
But
their
opinion
is
more
probable
,
as
I
thinke
,
which
derive
Parliament
simply
from
the
French
word
Parler
,
and
that
also
from
the
Greeke
word
{αβγδ}
,
both
signifying
to
speake
,
and
so
by
adding
the
termination
Ment
,
which
is
common
in
the
French
tongue
as
well
to
nownes
as
adverbs
,
doe
make
up
Parliament
;
meaning
thereby
an
assembly
of
men
called
together
,
to
speake
or
conferre
their
advices
,
or
opinions
.
And
so
also
it
may
not
unfitly
bee
called
Parliament
,
for
that
each
man
there
doth
,
or
should
Parler
la-ment
,
speak
his
mind
:
But
Laurence
Valla
mis-liketh
that
manner
of
Etymologie
,
and
therefore
I
will
not
stand
upon
it
.
I
dare
not
take
upon
me
to
set
downe
the
very
time
in
which
the
word
Parliament
came
first
in
use
;
but
forasmuch
as
it
was
transported
out
of
France
,
it
is
not
unprobable
to
guesse
,
that
it
began
here
shortly
after
the
time
of
the
Norman
Conquest
.
One
of
the
first
authenticall
reports
of
that
name
Parliament
,
that
I
have
found
,
is
in
the
Statute
made
the
3.
of
Edw
.
1.
and
commonly
called
Westminster
the
first
;
where
,
that
Assemblie
is
said
to
be
,
Le
Primer
Parliament
generall
apres
Coronement
le
Roy
.
But
yet
that
is
not
the
very
first
use
of
the
word
;
for
in
the
Statute
called
Articuli
Cleri
,
and
published
the
9.
of
Edw
.
2.
these
words
are
read
amongst
others
;
Temporibus
progenitorum
nostrorum
quondam
Regum
Angliae
in
diversit
Parliamentis
suis
,
&c.
Which
words
,
progenitorum
and
quondam
,
must
needs
reach
higher
than
to
Edward
the
first
,
that
was
but
father
to
him
that
spake
it
.
So
that
I
can
willingly
herein
subscribe
to
the
opinion
of
Polydore
Virgil
,
who
in
the
11.
Booke
of
his
English
Historie
,
which
containeth
the
reigne
of
K.
Henry
the
first
,
that
was
sonne
to
the
Conquerour
,
writing
of
the
great
Assembly
at
Salisburie
,
saith
thus
;
At
illud
opposite
habeo
dicere
,
Reges
ante
haec
tempora
non
consuevisse
populi
conventum
consultandi
causa
(
nisi
perraro
)
facere
,
adeo
ut
ab
Henrico
id
institutum
Iure
manasse
dici
possit
,
&c.
And
a
little
after
,
More
Gallico
vulge
Parliamentum
appellant
,
&c.
And
this
is
so
much
the
more
credible
,
as
that
King
laboured
by
all
meanes
,
and
especially
by
the
restitution
of
the
ancient
Lawes
,
(
as
all
Historians
doe
agree
)
to
heale
the
hearts
of
the
Englishmen
,
which
were
before
deepely
wounded
by
the
oppression
of
his
Father
,
and
Brother
William
;
to
the
end
,
that
he
might
thereby
the
better
keepe
the
Crowne
of
this
Realme
against
the
elder
Brother
Robert
,
who
had
both
colour
of
good
right
,
and
had
mooved
his
claime
thereto
.
But
at
what
time
soever
,
after
the
Conquest
,
this
Court
began
to
be
called
by
the
name
of
Parliament
;
this
is
certaine
;
that
was
before
knowne
to
the
Saxons
,
or
Englishmen
:
sometimes
,
by
the
word
Synoth
,
and
Micle
;
Synoth
,
of
the
Greeke
{αβγδ}
,
now
appropriated
to
the
Ecclesiasticall
Meetings
onely
:
And
sometimes
by
these
tearmes
,
Micel-Gemot
,
Witena-Gemot
,
&
Ealrawitena-Gemot
;
that
is
to
say
,
the
great
Meeting
,
the
Meeting
of
the
Wise-men
,
or
,
the
Meeting
of
all
the
Wise-men
:
For
Witen
signifieth
Wise-men
;
Ealra
,
all
;
and
Gemot
,
a
Meeting
:
of
which
last
word
,
the
names
of
Shire-moote
,
and
Folke-moote
,
and
Haly-moote
;
that
is
to
say
,
the
Assembly
,
or
Meeting
of
the
men
of
the
Shire
,
of
the
men
of
a
Towne
,
and
of
the
Tenants
of
a
Hall
,
or
Mannour
,
had
their
beginnings
also
.
And
as
Synoth
is
more
used
in
the
Acts
of
Parliaments
themselves
,
so
Gemot
is
more
familiar
to
the
Historians
.
Thus
much
as
well
of
the
present
,
as
of
the
ancient
usuall
Name
:
Now
let
us
looke
into
the
thing
it selfe
.
The
conformitie
and
reason
of
the
three
Estates
in
Parliament
.
LIke
as
in
Warre
,
where
the
King
is
present
in
Person
;
and
with
him
,
the
Nobilitie
,
Gentrie
,
and
Teomanrie
;
there
is
the
force
and
puissance
of
the
Realme
:
Even
so
in
Peace
,
wheresoever
the
Prince
is
,
as
the
Head
,
to
give
life
,
(
that
is
to
say
)
to
yeeld
the
highest
and
last
assent
;
And
where
the
Baronie
,
consisting
of
the
Lords
Spirituall
,
and
Temporall
;
and
the
Comminaltie
,
made
up
of
the
Knights
,
and
Burgesses
,
be
as
the
Bodie
,
present
at
his
Call
,
to
the
end
,
to
deliberate
,
conferre
,
and
conclude
;
there
is
also
the
Councell
,
and
Policie
of
the
Realme
:
So
that
,
for
as
much
as
every
man
,
from
the
highest
to
the
lowest
,
is
there
either
in
person
,
or
by
procuration
;
therefore
of
right
reason
,
every
man
is
said
to
be
bound
by
that
which
doth
passe
from
such
an
Assembly
.
And
this
frame
of
Policie
is
both
naturall
,
and
harmonicall
:
Naturall
,
in
that
it
hath
an
imitation
of
the
naturall
bodie
of
man
,
truly
called
a
little
World
;
out
of
the
three
Cells
whereof
,
namely
,
the
Head
,
Breast
,
and
Belly
,
the
whole
three
powers
of
the
Soule
doe
open
,
and
utter
themselves
:
and
Harmonicall
,
because
from
such
,
and
so
well-tuned
a
Base
,
Meane
,
and
Treble
,
there
proceedeth
a
most
exquisite
consent
,
and
delicious
melodie
.
The
beginning
of
the
Parliament
.
THe
beginning
of
which
manner
of
Consultation
,
and
namely
with
us
of
this
Realme
,
I
see
not
how
I
can
derive
it
from
any
other
time
,
than
from
that
,
in
which
the
German
or
English
did
set
their
first
foot
on
this
Land
,
to
invade
it
.
For
Cornelius
Tacitus
writing
of
the
manners
of
the
ancient
Germans
,
sayth
thus
:
Nec
Regibus
infinita
potestas
,
de
minoribus
rebus
Principes
consultant
,
de
majoribus
omnes
.
The
Continuance
of
the
Parliament
,
till
the
Conquest
.
NEither
did
they
,
together
with
the
change
of
the
Soile
,
make
change
of
this
wonted
manner
of
deliberation
:
For
it
is
yet
extant
,
in
Monuments
left
behind
them
,
that
after
their
comming
hither
,
they
frequented
the
same
order
in
counsailing
,
which
they
had
used
in
their
owne
Countrey
before
.
For
proofe
whereof
,
I
might
call
Beda
,
the
Saxon
Historiographer
,
to
witnesse
:
who
reporting
how
the
Christian
Faith
tooke
root
by
little
and
little
among
them
,
in
their
particular
Kingdomes
within
this
Land
,
writeth
,
That
King
Edwin
of
Northumberland
,
would
not
embrace
the
Preaching
of
the
Gospel
,
before
that
he
had
communed
and
consulted
with
his
Friends
,
his
Nobilitie
,
and
his
Wise-men
;
and
that
Sigebert
,
the
King
of
the
East
Saxons
,
being
likewise
moved
to
be
baptized
,
did
first
call
a
Councell
of
his
Subjects
;
and
finding
them
all
to
favour
the
motion
,
did
then
himselfe
also
assent
unto
it
.
But
because
the
Synods
or
Parliaments
themselves
be
most
faithfull
witnesses
of
their
owne
doings
;
and
for
that
also
the
Kingdome
of
the
West
Saxons
prevailing
over
the
rest
,
and
melting
(
as
it
were
)
all
their
Crownes
,
to
make
one
for
her selfe
,
did
in
the
end
become
Mistris
or
Monarch
of
the
whole
Heptarchie
,
or
seven
Kingdomes
,
into
which
this
Land
was
before
divided
:
I
will
,
for
a
while
,
leave
Historians
,
and
come
to
the
Synods
;
first
shewing
,
by
one
or
two
examples
,
what
persons
were
wont
to
be
present
at
the
Parliaments
of
that
Kingdome
;
and
then
confirming
the
like
to
have
been
used
,
after
such
time
as
the
whole
Land
was
reduced
to
one
entire
Estate
and
Monarchie
.
Ina
,
the
King
of
the
West
Saxons
,
who
began
his
Reigne
about
the
yeare
after
the
Incarnation
of
our
Lord
Christ
,
712.
began
his
Parliament
thus
:
Ego
Inas
beneficio
Dei
Occiduorum
Saxonum
Rex
,
&c.
I
Ina
,
by
Gods
gift
,
King
of
the
West
Saxons
,
with
the
advice
&
teaching
of
Cenred
my
Father
,
Mid
callum
mintem
Ealdormannum
&
tham
yldestam
minre
theod
.
Hedde
my
Bishop
,
Ercenwald
my
Bishop
,
and
with
all
my
Aldermen
,
and
the
eldest
Wise
men
of
my
people
and
also
a
great
Assembly
of
Gods
servants
,
was
carefull
concerning
the
health
of
our
Soules
,
and
establishment
of
our
Kingdome
,
&c.
Now
let
us
see
if
the
three
Estates
of
Parliament
(
that
is
to
say
)
the
Nobilitie
,
and
Commons
,
The
necessitie
of
the
3.
Estates
in
the
making
of
Lawes
.
One
Example
.
may
be
found
here
.
First
,
the
K.
Name
is
expresly
added
;
the
Nobilitie
,
is
signified
under
these
Bishops
and
Aldermen
:
for
before
the
divisions
of
the
Realms
into
Shires
,
every
large
territorie
had
an
Alderman
,
or
Governour
;
who
was
,
after
the
allotment
into
Shires
,
for
the
most
part
,
an
Earle
:
in
token
whereof
,
almost
all
our
Earles
,
to
this
day
,
doe
beare
the
name
of
one
Shire
,
or
other
.
The
Comminaltie
,
is
partly
included
in
the
words
;
The
eldest
Wise
men
of
my
people
,
which
betokeneth
the
Laitie
;
and
partly
in
the
words
,
A
great
assembly
of
Gods
Servants
,
which
doe
notifie
the
Clergie
,
called
so
then
,
as
it
may
appeare
by
the
very
first
Chapter
of
the
same
Lawes
,
for
that
they
were
consecrated
to
Gods
service
.
And
lest
that
any
man
should
think
that
these
Estates
were
called
together
more
for
their
advice
and
counsell
to
be
given
to
the
King
,
than
for
any
authority
or
interest
they
had
in
making
the
Law
:
First
,
the
Preamble
calleth
those
Lawes
,
Our
Doomes
or
Iudgements
;
and
the
Purvieu
saith
,
Wee
bid
or
command
in
the
plurall
number
,
which
also
may
not
be
restrained
to
the
King
alone
,
for
honours
sake
,
as
we
now
use
to
speake
;
for
he
is
there
named
,
I
Ina
in
the
singular
nu●ber
onely
.
Thus
much
I
note
,
once
for
all
,
that
I
be
not
hereafter
troubled
to
repeat
the
same
things
againe
.
About
one
hundred
yeeres
after
the
death
of
this
Ina
,
one
Alfred
,
a
King
,
not
of
the
West-Saxons
onely
(
as
he
calleth
himselfe
)
but
rather
both
of
the
Englishmen
and
Saxons
(
as
Asserius
saith
,
that
wrote
his
life
)
did
(
as
he
telleth
)
in
his
Preface
to
his
Lawes
,
gather
together
and
put
in
writing
certain
ordinances
made
by
Wise
men
in
sundry
Synods
of
sundrie
former
Kings
,
as
namely
Ina
before-said
,
Offa
the
King
of
Middle
England
,
and
Ethelbert
of
Kent
,
Ego
Aluredus
occidentalium
Saxonum
Rex
,
prudentissimorum
è
nostris
consilio
usus
sum
,
atque
in
iis
omnibus
placuit
edici
eorum
observationem
.
the
first
Christned
Prince
of
all
the
Saxon
Nation
;
which
Collection
of
Lawes
he
also
saith
,
that
he
shewed
to
all
his
own
Wise
men
,
and
they
likewise
thought
them
meet
to
bee
observed
.
But
what
maketh
it
to
the
three
Estates
,
will
some
men
say
,
that
these
Kings
and
their
Wise
men
,
which
may
well
seeme
to
bee
but
their
privie
Counsellors
,
did
establish
Lawes
?
Yes
,
very
much
;
for
here
the
word
Witena
,
Wise-men
,
doth
include
the
Nobilitie
and
Commons
,
because
they
be
Counsellors
of
the
Realme
,
(
for
the
time
)
in
respect
whereof
the
assembling
of
them
,
was
of
some
called
Wytena
Gemote
,
a
meeting
of
the
Wise-men
,
(
as
I
told
you
)
and
of
other
some
it
is
termed
Commune
Concilium
Regni
,
the
Common
Councell
of
the
Realme
.
And
that
this
must
be
so
understood
in
this
place
,
I
will
use
none
other
Argument
than
the
testimonie
of
Alfred
himselfe
drawn
out
of
the
same
place
:
for
he
saith
(
as
you
have
heard
)
That
the
Lawes
of
K.
Ina
were
made
by
a
Synod
of
wise
men
,
and
what
those
Wise-men
were
,
you
have
also
understood
,
by
the
report
of
K.
Ina
himself
,
in
the
style
of
own
Lawes
(
that
is
to
say
)
by
the
Nobility
&
Comminalty
besides
the
King
.
Furthermore
,
that
I
lose
not
another
advantage
offered
me
by
this
authoritie
,
I
must
also
gather
thereby
,
that
not
onely
the
Kingdomes
of
Northumberland
,
Eastsex
,
and
Westsex
,
used
the
three
estates
in
making
their
Lawes
,
but
also
that
they
of
Kent
,
and
Middle
England
,
maintained
the
very
same
order
:
Another
Example
.
For
King
Alfreds
words
(
as
you
see
)
be
one
and
the
same
for
them
all
,
and
then
consequently
their
manner
was
one
and
the
same
through
all
.
But
now
,
that
I
may
at
the
length
leave
these
Heptarchies
,
or
petty
Kings
and
passe
to
the
Monarchs
and
Great
ones
,
the
same
Alfred
(
after
that
the
whole
Nations
had
yeelded
unto
him
,
and
were
shrouded
under
his
protection
against
the
furious
stormes
of
the
Danish
Invasion
)
did
at
one
time
conclude
a
peace
with
Guthrum
,
the
K.
of
the
Danes
,
the
Style
whereof
beginneth
thus
,
This
is
the
Peace
which
K.
Alfred
and
Guthrum
,
and
all
the
Wise
men
of
the
English
Nation
have
taken
,
&c.
Loe
here
you
see
Ealra
wytena
Gemote
,
An
Assemblie
of
all
the
Wise
men
.
After
him
Edward
called
his
Wise
men
to
Excester
,
and
consulted
with
them
for
the
better
observation
of
the
peace
of
his
owne
Realme
.
And
he
also
at
another
time
,
by
the
advice
of
the
Wise
men
,
renued
and
confirmd
the
League
that
Alfred
had
taken
before
with
the
Danish
Captain
.
King
Athelstan
concludeth
his
famous
Parliament
holden
at
Gratlie
,
thus
;
Cum
eo
optimates
&
sapientes
ab
Athelstane
evocati
,
&c.
All
this
was
ordained
in
that
great
Synode
at
Gratlie
,
at
which
was
the
Arch-Bishop
,
Wolshelme
,
with
all
the
Noble
men
and
Wise
men
that
K.
Ethelstane
gathered
together
.
And
the
same
King
did
also
afterwards
call
another
Assembly
of
his
Wise
men
to
Excester
,
to
consult
for
the
better
execution
of
these
former
Ordinances
.
Edmond
the
King
summoned
a
great
Synode
at
London
,
both
of
the
order
of
the
Spiritualtie
,
and
of
the
Temporaltie
,
the
which
in
the
second
part
of
the
Law
there
made
,
he
calleth
by
one
generall
name
his
Witena
,
Wise-men
,
and
thanketh
them
for
their
helpe
in
that
advise
.
After
him
King
Edgar
published
certaine
Lawes
,
which
were
made
(
as
he
saith
)
by
the
Counsell
of
his
Wise-men
.
The
like
Title
and
conclusion
have
those
Statutes
also
which
King
Etheldred
ordained
at
woodstocke
,
and
the
League
which
hee
tooke
at
Anlaf
,
and
others
(
the
Captaines
of
the
Danish
Armie
)
is
intituled
to
be
made
by
him
and
all
his
wise-men
.
Ealles
angelcynnes
wittan
,
Foedus
Alrudi
.
And
certaine
other
Articles
there
be
,
though
hitherto
not
imprinted
,
of
a
Parliament
that
was
assembled
in
the
yeere
after
Christ
,
1008.
which
fell
under
the
Reigne
of
the
same
King
,
which
are
there
reported
to
have
passed
under
the
authoritie
of
the
King
,
and
his
Wise-men
,
both
Spirituall
and
Lay
,
in
which
said
last
ordinances
,
this
one
thing
for
this
purpose
,
is
worthy
the
observation
.
That
whereas
in
the
beginning
of
the
Lawes
,
all
the
Acts
are
said
to
passe
from
the
King
,
and
his
Wise-men
both
of
the
Clergie
and
Laitie
;
in
all
the
body
and
processe
of
the
Law
each
Statute
saith
thus
,
And
it
is
the
advice
of
our
Lord
,
and
his
Wise
men
.
So
as
it
seemeth
plainly
that
it
was
then
a
received
forme
of
speech
,
to
signifie
both
the
Spiritualty
and
Laitie
(
that
is
to
say
)
the
Nobilitie
and
Commons
by
the
onely
word
Witena
,
or
Wise-men
.
Finally
,
those
Lawes
of
the
great
King
,
and
Monarch
,
Canute
,
or
Know
t
,
which
he
made
at
Winchester
,
and
be
yet
remaining
,
doe
beare
face
,
and
testimonie
,
that
they
were
made
by
him
,
and
his
Wise-men
.
Mid
his
witena
getheahi
gered
.
And
there
is
an
ancient
written
Treatise
(
entituled
,
Modus
tenendi
Parliamentum
tempore
Regis
Edwardi
filii
Ethelredi
)
to
be
seene
in
many
hands
,
purporting
the
very
order
,
forme
,
and
manner
of
all
this
stately
Court
,
and
solemne
Assemblie
.
Now
as
these
written
authorities
,
do
undoubtedly
confirme
our
assertion
of
this
continuance
of
this
manner
of
Parliament
:
So
is
there
also
unwritten
Law
,
or
Prescription
,
that
doth
no
lesse
infallibly
uphold
the
same
.
For
it
is
well
knowne
,
that
in
every
quarter
of
the
Realme
,
a
great
many
of
Burroughs
doe
yet
send
Burgesses
to
the
Parliament
,
which
is
neverthelesse
so
ancient
,
and
so
long
since
decayed
,
and
gone
to
nought
,
that
it
cannot
be
shewed
that
they
have
bin
of
any
reputation
,
at
any
time
since
the
Conquest
,
and
much
lesse
that
they
have
obtained
the
priviledge
,
by
the
Grant
of
any
King
succeeding
the
same
:
So
that
the
interest
which
they
have
in
Parliament
,
groweth
by
an
ancient
usage
before
the
Conquest
,
whereof
they
cannot
shew
any
beginning
;
which
thing
is
also
confirmed
by
a
contrary
usage
in
the
selfe-same
thing
;
for
it
is
likewise
knowne
,
that
they
of
ancient
Demeasne
doe
prescribe
,
in
not
sending
to
the
Parliament
;
for
which
reason
also
,
they
are
neither
Contributers
to
the
Wages
of
the
Knights
there
,
neither
are
they
bound
by
sundrie
Acts
of
Parliament
,
though
the
same
be
generally
penned
,
and
doe
make
no
exception
of
them
.
But
there
is
no
ancient
Demeasne
,
(
saving
that
onely
which
is
described
in
the
Booke
of
Doomes-day
,
under
the
Title
of
Terra
Regis
)
which
of
necessitie
must
be
such
,
as
eyther
was
in
the
hands
of
the
Conquerour
himselfe
,
who
made
the
Booke
,
or
of
Edward
the
Confessor
,
that
was
before
him
.
And
so
againe
,
if
they
of
ancient
Demeasnes
,
have
ever
since
the
Conquest
,
prescribed
not
to
send
Burgesses
to
the
Parliament
;
then
(
no
doubt
)
there
was
a
Parliament
before
the
Conquest
,
to
the
which
they
of
other
places
did
send
their
Burgesses
:
Which
seeing
it
is
so
,
let
us
come
yet
neerer
,
and
examine
,
whether
the
same
Order
hath
also
beene
continued
ever
since
that
time
,
or
no
.
The
continuance
of
the
Parliament
after
the
Conquest
.
TO
looke
for
a
Parliament
assembled
of
the
English
Nobilitie
,
and
Commons
,
soone
after
the
Conquest
,
were
but
to
labour
,
without
expectation
of
good
speed
;
for
,
Silent
Leges
inter
arma
:
And
during
all
the
reigne
of
the
Conquerour
,
eyther
the
Sword
was
not
put
up
into
the
Scabbard
;
or
,
if
it
were
,
the
Hand
was
alwayes
upon
the
Hilt
,
readie
to
draw
it
:
So
unwilling
,
on
the
one
part
,
were
the
Englishmen
to
beare
the
Yoake
,
that
rather
their
Obedience
was
to
bee
compelled
,
than
their
Opinions
to
bee
consulted
:
and
so
haughtie
,
on
the
other
part
,
were
the
Norman
Victorers
,
that
to
bee
called
an
Englishman
,
was
,
in
their
eye
,
a
great
contumelie
,
and
reproach
.
His
Sonne
William
also
,
did
rather
pretend
in
words
some
release
of
the
former
austeritie
in
Government
,
than
performe
it
in
deed
,
and
experience
:
But
his
other
Sonne
(
the
first
Henry
that
ever
reigned
here
)
did
not
onely
at
his
Coronation
promise
restitution
of
St.
Edwards
Lawes
,
as
wee
call
them
;
but
also
delivered
out
his
free
Charter
of
the
Grant
of
the
same
:
in
which
,
as
Matthew
Paris
reporteth
,
hee
acknowledgeth
,
that
hee
was
Crowned
by
the
Common
Councell
of
the
Barons
of
the
Realme
of
England
.
And
here
it
may
happily
seeme
strange
to
affirme
,
that
this
was
a
full
Parliament
,
in
which
there
is
no
other
mention
,
but
of
the
Barons
onely
.
But
if
it
bee
considered
;
first
,
That
the
Germans
expound
,
and
render
the
word
Baro
,
by
Freihers
,
a
Free-man
;
then
,
that
Matthew
Paris
saith
,
That
the
Citizens
of
London
were
at
that
time
called
Barons
;
and
also
,
that
even
yet
both
the
Burgesses
of
the
five
Ports
doe
passe
under
the
same
Name
,
and
that
everie
man
(
almost
)
hath
his
Court
Baron
:
It
shall
not
altogether
bee
without
ground
,
to
say
,
that
both
the
Nobilitie
and
Comminaltie
of
the
Realme
were
meant
under
these
words
,
The
Barons
of
the
Realme
;
the
rather
,
because
that
speech
is
accompanied
with
the
words
,
Common
Councell
;
by
the
which
,
all
our
ancient
Writs
,
that
bee
grounded
upon
old
Statutes
,
doe
signifie
the
Parliament
:
And
for
that
also
,
the
selfe-same
Authour
doth
afterwards
use
the
words
,
Communis
assensus
Baronagii
,
when
he
intendeth
to
signifie
a
just
Parliament
.
Howbeit
,
since
I
labour
not
with
any
penurie
of
proofe
,
I
will
relinquish
the
advantage
of
this
matter
;
desiring
onely
that
may
bee
called
to
memory
,
which
Polidore
Virgil
hath
before
acknowledged
,
concerning
the
restitution
of
the
forme
of
Parliament
,
made
by
the
same
King
,
of
whom
also
the
Saxon
Chronicles
of
Peterborough
Abbey
doe
testifie
,
That
in
the
yeere
after
Christ
,
1123.
he
sent
his
Writs
over
all
England
,
and
bad
his
Bishops
,
Abbots
,
and
all
his
Theins
(
which
signifieth
as
much
as
Baron
before
)
that
they
should
come
to
his
Wytena
Gemote
on
Candlemas
day
at
Glocester
.
But
to
leave
him
,
and
to
leape
over
Stephen
(
because
hee
strived
longer
for
the
Crowne
,
than
hee
enjoyed
it
)
King
Henry
2.
saith
Mathew
Paris
,
in
the
yeere
of
our
Lord
Christ
,
1185.
Convocavit
Clerum
Regni
,
Clarkenwell
.
&
populum
cum
omni
Nobilitate
apud
fontem
Clericorum
.
And
yet
againe
,
to
passe
over
his
sonne
Richard
,
that
spent
the
most
part
of
his
Reigne
in
battell
abroad
;
and
to
come
to
his
sonne
Iohn
,
that
passed
a
great
part
of
his
time
in
Civill
Warres
at
home
;
you
may
finde
in
the
Tower
,
Inter
Volumina
Recordorum
Cancellariae
de
Patentibus
Anno
6.
Regis
Iohannis
in
dorso
,
this
Writ
;
Rex
,
&c.
Vic
.
Rotland
,
&c.
Sciatis
quod
provisum
est
cum
assensu
Archiepiscoporum
,
Comitum
,
Baronum
,
&
omnium
fidelium
nostrorum
Angliae
,
quod
novem
milites
per
totam
Angliam
inveniant
decimum
militem
bene
paratum
equis
&
armis
,
ad
defensionem
Regni
nostri
,
&
quod
illi
novem
milites
invenient
decimo
militi
quolibet
die
duos
solidos
ad
liberationem
suam
,
&c.
I
read
moreover
in
the
same
Mathew
Paris
,
That
King
Henry
the
3.
did
,
Anno
Dom
.
1225.
call
together
Omnes
Clericos
,
&
Laicos
totius
Regni
,
which
Assemblie
the
same
Writer
in
some
places
expresseth
by
the
words
Vniversitas
Regni
.
But
what
need
I
to
hang
long
upon
the
credit
of
Historians
,
seeing
that
from
this
time
downeward
the
Authenticke
Records
of
the
Parliaments
themselves
doe
offer
me
present
helpe
.
The
great
Charter
of
England
,
Magna
Charta
Parliament
,
Charter
in
Parliament
.
which
passed
from
this
King
about
this
time
,
and
for
which
the
English
men
had
no
lesse
striven
,
than
the
Trojans
for
their
Helena
;
beareth
no
shew
of
an
Act
of
Parliament
:
and
yet
I
will
prove
,
by
the
depositions
of
two
sundrie
Parliaments
,
that
it
was
made
by
the
common
consent
of
all
the
Realme
,
in
the
time
of
K.
Henry
3.
for
so
saith
the
Statute
,
called
,
Confirmatio
Chartae
,
Stat.
15.
Ed.
3.
cap
.
1.
Confirme
les
2.
Char
.
&
auters
Stat.
fi
.
per
le
Roy
,
Peers
,
&
Com
.
Anno
25.
Edward
1.
in
flat
termes
;
and
the
Statute
made
at
Westminster
,
Anno
15.
Edward
.
3.
cap
.
1.
saith
,
That
it
was
made
by
the
King
,
Peeres
,
and
Commons
of
this
Land
.
In
the
20.
yeere
of
the
same
King
Henry
,
the
Statute
of
Merton
was
published
,
which
saith
thus
;
Provisum
fuit
,
&
concessum
tam
à
praedictis
Archiepiscopis
,
Episcopis
,
Comitibus
,
Baronibus
,
quàm
ab
ipso
rege
,
&
aliis
.
In
the
25.
yeere
of
his
reigne
also
was
the
Statute
of
Marlebridge
,
made
Providente
(
as
it selfe
speaketh
)
ipso
domino
rege
ac
convocatis
discretioribus
ejusdem
Regni
.
Regni
tam
maejoribus
quam
minoribus
provisum
est
Statutum
,
&c.
The
Statute
of
Westm
.
the
1.
which
was
made
in
the
3.
yeere
of
K.
Ed.
1.
hath
this
title
:
The
establishments
of
K.
Ed.
made
by
his
Councell
,
and
by
the
assent
of
his
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earles
,
Barons
,
and
all
the
Comminalty
of
the
Land
thither
summoned
,
The
Statute
made
at
Glocester
in
the
sixth
yeere
of
the
same
Kings
Reigne
,
is
there
said
to
be
made
thus
;
Purvenant
le
Roy
&
appelles
le
plus
discretes
de
son
Royalme
auxibien
des
grand
res
come
des
meinders
stabilie
est
,
&
concordantment
ordonne
.
To
draw
to
an
end
,
King
Edw
.
2.
held
a
Parliament
in
the
14.
yeere
of
his
reigne
,
wherein
are
these
words
,
Le
Roy
per
assent
des
prelates
,
Contes
,
Barones
,
&
touts
le
comminalty
de
son
Royalme
,
en
le
Parliament
,
&c.
And
the
like
speech
hath
he
in
another
Statute
that
hee
made
,
Ne
quis
occasionetur
pro
morte
Petri
de
Gavestone
.
I
doe
not
think
that
I
shall
need
to
seeke
for
further
proofes
amongst
the
Records
of
Parliaments
after
this
time
;
for
they
doe
from
henceforth
not
onely
shew
themselves
in
such
store
and
plenty
,
but
doe
also
set
forth
the
severall
estates
themselves
,
the
duty
of
their
presence
,
the
paines
of
their
default
or
departure
,
and
sundry
other
circumstances
so
particularly
and
plainely
,
as
I
might
well
be
charged
if
I
would
stand
upon
them
in
a
matter
not
doubtfull
,
to
have
used
speech
nothing
needfull
.
And
yet
lest
any
man
should
suspect
,
that
any
of
the
two
lower
estates
of
this
Assemblie
,
derived
his
voyce
in
Parliament
from
the
authoritie
of
these
latter
Lawes
,
I
must
leave
him
to
understand
,
that
in
one
short
Statute
of
Parliament
,
holden
in
the
first
yeere
of
K.
Richard
2.
Statute
2.
c
.
4.
he
may
read
it
foure
severall
times
plainely
spoken
,
and
this
was
done
anciently
,
and
of
old
time
.
So
that
here
againe
also
,
prescription
is
ready
to
serve
the
turne
;
and
to
say
the
truth
,
this
one
Law
may
stand
for
an
interpreter
of
all
the
rest
:
for
whether
they
be
said
to
be
made
by
the
King
and
his
Barons
;
or
by
the
King
,
and
his
Clergie
and
Laitie
;
or
by
the
King
,
and
his
Discreter
,
men
both
great
and
small
;
or
by
the
common
consent
or
Councell
of
the
Realme
,
as
I
have
alreadie
shewed
;
or
by
the
King
,
and
his
Wise
men
;
or
by
the
King
,
and
his
Councell
;
or
his
Common
Councell
;
or
by
the
King
;
his
Earles
,
Barons
,
and
other
Wise
men
;
or
after
such
other
like
phrases
,
whereof
you
meet
with
many
,
in
the
Volumes
of
Parliaments
:
It
commeth
all
to
this
one
point
;
namely
,
That
the
King
,
his
Nobilitie
,
and
Commons
,
did
ordaine
and
enact
the
same
.
And
which
is
more
,
if
you
shall
finde
any
Acts
of
Parliament
,
seeming
to
passe
under
the
Name
and
Authoritie
of
the
King
onely
,
as
there
be
some
that
have
that
shew
indeed
;
yet
you
must
not
by
and
by
judge
,
that
it
was
established
without
the
assent
of
the
other
Estates
.
To
take
one
example
for
the
rest
:
The
Statute
of
Gloucester
,
made
the
6.
of
Edw
.
1.
speaketh
thus
:
Our
Soveraigne
Lord
the
King
,
for
the
amendment
of
the
Land
,
hath
provided
these
Statutes
,
underwritten
.
But
yet
the
Statute
made
at
Westminster
,
the
13.
yeere
of
that
King
,
cap
.
18.
and
the
Statute
of
Quo
warranto
,
set
forth
in
the
30.
yeare
of
the
same
King
,
also
reciting
that
Statute
of
Glocester
,
doe
plainely
acknowledge
the
one
;
and
it
was
provided
by
the
more
discreet
men
of
the
Realme
,
as
well
of
the
high
,
as
of
the
low
degree
,
being
called
together
;
and
the
other
,
that
it
was
made
by
the
King
,
calling
together
the
Earles
,
Prelates
,
Barons
,
and
his
Councell
.
And
therefore
it
is
well
noted
by
Iudge
Brooke
;
And
though
Magna
Charta
,
and
sundrie
other
old
Statutes
,
doe
run
in
the
Name
of
the
Prince
onely
,
yet
the
other
two
Estates
are
supplied
,
in
all
good
understanding
.
Againe
,
whether
the
forme
of
an
Act
be
thus
;
The
King
,
with
the
assent
of
the
Lords
&
Commons
,
establisheth
;
or
thus
,
It
is
enacted
by
the
request
of
the
Lords
&
Commons
,
whereto
the
K.
assenteth
;
or
thus
,
By
the
assent
of
the
King
,
&
of
the
Lords
Spirituall
&
Temporall
,
&
of
the
Commons
,
it
is
enacted
;
or
thus
,
It
is
enacted
by
the
authoritie
of
this
present
Parliament
:
It
is
also
one
in
effect
,
&
substance
;
for
the
words
assenteth
and
enacteth
,
be
equivalent
in
this
case
,
as
it
is
holden
,
7.
H.
7.
14.
&
11.
H.
7.
25.
Whereas
otherwise
,
the
necessitie
of
the
assent
of
all
the
three
Estates
in
Parliament
is
such
,
as
without
any
one
of
them
,
the
rest
doe
but
lose
their
labour
.
For
that
fell
out
upon
a
time
,
that
the
K.
in
Parliament
willed
,
that
a
certaine
man
should
be
attainted
,
and
should
lose
his
lands
;
whereunto
the
Lords
assented
:
But
because
there
was
nothing
spoken
of
the
Commons
agreement
,
it
was
adjudged
by
all
the
Iustices
,
4.
H.
7.
18.
That
this
was
no
Act
that
might
binde
;
and
therefore
the
partie
was
restored
.
Hitherto
of
the
continuance
and
consent
of
this
our
chiefe
and
highest
Court
;
whereunto
,
after
I
shall
have
added
a
word
or
twaine
of
the
Iurisdiction
thereof
,
I
will
make
an
end
.
If
all
the
Iudgements
,
as
Cicero
said
,
be
conversant
,
either
in
the
punishment
of
offences
,
or
in
the
decision
of
Controversies
;
then
is
the
judgement
of
our
Parliament
of
as
ample
Authoritie
,
as
the
Sentence
of
any
,
or
all
other
Courts
whatsoever
:
for
it
delivereth
Lawes
,
that
doe
binde
all
persons
,
in
all
causes
,
as
well
Ecclesiasticall
,
as
Temporall
,
whereof
you
may
see
a
great
many
of
examples
in
the
volume
of
the
old
Saxons
Parliaments
;
how
strange
a
thing
soever
our
Popish
Clergie
of
latter
times
have
thought
that
to
be
.
It
hath
also
jurisdiction
in
such
cases
which
have
need
of
helpe
,
and
for
which
there
is
no
helpe
by
any
Law
,
already
in
force
;
And
whereas
the
erronious
Iudgements
of
any
other
Courts
must
be
reversed
by
a
higher
authority
;
this
Court
doth
not
onely
reverse
the
errors
of
the
Kings
Bench
,
which
is
superiour
to
all
the
other
;
but
it
may
also
amend
the
errors
committed
in
the
Parliament
it selfe
,
if
any
such
shall
at
any
time
appeare
.
Thus
have
I
runne
along
our
Courts
of
all
kindes
,
and
have
said
(
as
I
was
able
)
severally
of
these
Lay
,
and
mixed
Courts
of
Records
,
deriving
them
from
the
Crowne
,
their
originall
,
and
drawing
them
by
one
and
one
(
as
it
were
so
many
Roses
)
from
the
Garland
of
the
Prince
;
leaving
neverthelesse
the
Garland
it self
undespoyled
of
that
her
Soveraign
vertue
,
in
the
administration
of
Iustice
:
or
as
Bracton
saith
well
;
Rex
habet
ordinariam
Iurisdictionem
,
&
omnia
jura
in
manu
sua
,
quae
nec
ita
Delegari
possunt
,
quin
ordinaria
remaneant
cum
ipso
rege
.
And
therefore
whatsoever
power
is
by
him
committed
over
unto
other
men
,
the
same
neverthelesse
remaineth
still
in
himselfe
,
in
so
much
as
he
may
take
knowledge
of
all
Causes
,
unlesse
they
bee
Felonie
,
Treason
,
or
such
other
;
wherein
,
because
he
is
a
party
,
hee
cannot
personally
sit
in
judgement
,
but
must
performe
it
by
his
Delegates
.
And
this
supreme
jurisdiction
reserved
(
as
I
told
you
out
of
Britton
)
to
the
King
himselfe
,
is
either
altogether
silent
,
or
else
it
speaketh
at
the
Board
of
his
Privie
Councell
;
the
which
is
so
incorporate
to
him
,
as
that
it
is
said
to
speake
with
his
owne
mouth
,
and
that
but
rarely
,
for
such
reason
,
as
you
have
seen
before
.
Now
therefore
,
as
God
is
highly
to
be
thanked
,
that
these
Flowers
of
Iustice
are
thus
delivered
forth
,
and
Dispersed
abroad
:
So
is
hee
also
heartily
to
bee
prayed
unto
,
that
those
which
occupie
the
place
of
Iustice
by
them
,
may
so
behave
themselves
as
it
may
appeare
,
that
they
doe
not
exercise
the
Iudgements
of
man
,
but
of
God
himselfe
,
the
chiefe
Iustice
of
the
world
;
for
so
shall
the
good
be
succoured
,
and
the
evill
suppressed
,
so
shall
the
Iudges
themselves
be
well
acquitted
,
so
shall
her
Majestie
be
duely
served
,
and
God
himselfe
honoured
aright
.
IT
had
beene
fit
,
I
know
,
to
have
added
hereunto
,
as
an
Appendix
,
the
beginning
of
the
Houses
of
Law
commonly
termed
,
for
that
they
did
flow
out
of
the
Courts
,
the
Houses
,
or
Innes
of
Court
,
and
also
to
have
annexed
a
Catalogue
,
or
Table
of
the
names
of
all
the
Chancellours
,
Iustices
,
and
Iudges
themselves
:
But
because
there
is
not
,
so
farre
as
I
can
yet
learne
,
any
certaine
Monument
of
the
one
,
and
for
that
it
requireth
a
great
search
of
Records
,
whereunto
I
have
no
accesse
,
to
performe
the
other
:
I
must
leave
them
both
to
such
as
can
,
and
will
better
travaile
in
that
behalfe
.
FINIS
.