A compendium of the laws and government ecclesiastical, civil and military, of England, Scotland & Ireland and dominions, plantations and territories thereunto belonging, with the maritime power thereof, and jurisdiction of courts therein. Methodically digested under their proper heads. By H.C. sometime of the Inner Temple.

OF GOVERNMENTS , &c.

The Original of Governments .

OF GOVERNMENTS there can be but Three kinds , viz. One , or More , or All , must have the Sovereign Power of a Nation : If one , then it is a Monarchy ; If more , ( as an Assembly of Choice Persons ) then it is Aristocracy ; if All ( that is , a General Assembly of the People , ) then it is a Democracy : And now in course we are first to speak of ,

The Monarchical Government , which as most resembling the Divinity , and approaching nearest to Perfection , being esteemed the most Excellent , is of two sorts , Regal and Political : The first sort ,

Monarchy Regal was begun by Nimrod , who ( after the World began to increase ) got unto himself a Dominion over others ; and yet in Scripture he is not called a King , but a Mighty Hunter before the Lord : So Belus did subdue the Assyrians , and Ninus the most part of Asia ; and so did the Romans usurp the Empire of the World .

And thus having set forth the beginning of the Regal Government of Kingdoms ; which Law Regal was no other thing but the Pleasure of the Prince , as in the First of Kings you may read more at large : We will now , as being more for our purpose , declare how Kingdoms of Political Government were first begun , which we may term ,

Monarchy Political . St. Augustine in the 19th Book De Civitate Dei , saith , A● People is a Multitude of Men associated by the Consent of Law , and Communion of Wealth : And yet such a People without a Head , is not worthy to be called 〈◊〉 Body ; as in Natural things , the Head cut off is not called a Body , but a Trunk Wherefore Aristotle in his Civil Philosophy saith , Whensoever One is made of Many , among the same , One shall be the Ruler , and the other shall be the Rule● And this Ruler thus raised and appointed in Kingdoms is called a King from the Saxon word Koning , intimating Power and Knowledge , wherewith every Sovereign ought especially to be Invested : And thus of a Multitude of People ariseth a Kingdom , which is a Body Mystical . And in this Body Mystical , or Political , the Intent of the People ( like Blood in the Natural Body ) is the first lively thing ; that is Politick provision for the Utility and Wealth of the same People , which is imparted to the Head and members of the same Body , whereby it is Nourished and Maintained ; and by the Law , which cometh from Ligando , of Binding , this Mystical Body is knit and preserv'd together , and the Members and Parts thereof , as the Natural Body by Sinews , do every one retain their proper Functions : And as the Head of a Natural Body cannot change his Sinews , nor withhold from his Inferiour Members their peculiar Powers of Nourishments ; no more can a King , which is the Head of the Body Politick , change the Laws of that Body , or withdraw from the said People their proper Substance against their Wills .

And therefore it now follows , that we speak somewhat of the Fundamentals of laws in General , and then descend to the particular Fundamentals of the Laws of England ; and afterwards briefly declare the Executive Powers of the same . And first of

Laws in General .

WHich are Four , that more properly belong to this our Business ; ( viz. ) The Law Enternal , The Law of Nations , Divine Law , and Human Law .

The Law Eternal .

LEx Aeterna is the Reason of the Divine Will , whereby God will ●ave all things of him Created , to be moved and directed to a good End ; and it is called The first Law , and all other Laws are derived from it . And this Law Eternal none may be able to know , as in himself , but the Blessed alone : But God of his Goodness revealeth it to all , in as much as is necessary for them , otherwise he should bind his Creatures to impossible things , which to be in God is most wicked to think . And God reveals this Law Eternal , or the Divine Will , to the Rational Creature Three manner of ways , that is , First by the Light of Natural Understanding , and then it is called The Law of Reason : Secondly , by Divine Revelation , and then it is called The Divine Law : Thirdly , by Reason in the Prince , or any other Secondary Pe son Governing , who hath power to Impose a Law upon this Subjects , and then it is called Humane Law , altho' it be Originally instituted from God : And because whatsoever the Second Cause doth , the First doth also by a more Noble manner ; therefore the aforesaid Three Laws are called in God , One Law Eternal ; and this is that Law of which it is written , Prov. 8. Per●me Reges regnant , Et legum conditores justa discernunt .

The Law of Reason .

LEx Rationis , which amongst Doctors is also called The Law of Nature , or Jus Gentium , The Law of Nations , may be doubly considered , that is , either as it respects all Creatures , even Irrationals , for all Irrational Creatures , not hindred , do live and subsist under certain Rules to them set by Nature , they also conserve their kind and by Instinct of Nature nourish their Young ; and things by Nature contrary to them they fear , and especially when alone it respects the Rational Humane Creature , created to the Image of God : And it is called The Law of Nations , for that it ought to be kept by all Nations , as well among the Jews and Gentiles , as Christians . And thus , The Law of Reason is a participation of The Law Enternal : From whence it is said in the Psalms , Signatum est super nos Lumen vultus tui Domine , scilicet , Lumen Veritatis .

Divine Law .

LEx Divina , is a true Sign reveal'd to the Rational Creature of the Divine Reason , Willing the Rational Creature , to be held or bound to do something , or not do it , for obtaining Eternal Felicity , as are the Laws of the Old Testament , which are called Morals , and the Evangelical Law ; and sometimes it is called , Law instituted by Man , but improperly nevertheless , when the Law is for obtaining Eternal Felicity .

Moreover , besides The Law of Reason and Humane Law , it was necessary for the Direction of Humane Life , to have the Divine Law , for Four Reasons : First , Whereas Man was created to enjoy Eternal Beatitude , it was necessary that besides the Law of Reason and Humane Law , he should be Directed to his End by a Law Divinely instituted . Secondly , For the incertainty of Humane Judgment , that he should be directed by a Law given by Divine Inspiration , from which it appeared , that he might by no means deviate . Thirdly , Because the Judgment of Man may not be of Interior Acts ; therefore it was necessary to have a Law Divine , which should rectifie the Interiors , as well as the Exteriors of Men , Fourthly , Because Human Law cannot punish every evil Act , it was necessary to have a Divine Law , which should let no Evil go unpunished ; and these four Reasons are touched in this Verse ,

Lex Domini immaculata convertens animas , Testimonium Domini Fidelis sapientiam praestants Parvulis .

Humane Law .

LEx Humana sive Positiva , is a Law Deduced by Reason , from the Law of Reason , and the Divine Law ; and therefore in every Positive Law well Instituted , there is somewhat of the Law of Reason , and the Divine Law , And Humane Law is a true sign by Humane Tradition and Authority , immediately Constituted : And that Human Law be Just , Two things are required ; That is , Prudence and Authority , because it is called Lex à ligando , but every Sentence of a Prudent Man doth not bind the Community or any of them , if he do not preside over them . And in the Law of Men these Proprieties are required , viz. That they be Honest , Just , Possible , according to the Custom of the Country , and convenient to the place and time ; Necessary , Profitable , Manifest ; also that they be Ordained for no Private end , but for the Common good ; and Humane Laws not contrary to the Divine Law ought to be kept also in Conscience , Et qui eas spernit Deo resistit .

From what hath been said it appears , That the Divine Law respects the Spiritual end , The Law of Reason the Natural end , and that Human Law may direct to both ; And the Law of Reason takes of Nature of the thing for a Foundation , but Human Law , the publick Expedience or Good .

Now of these Four Laws , all Laws in general consist and be sounded , if they are good . And that we may shew particularly , and more especially from whence arise ,

The Fundamentals of the Law of England .

WE must know that the Law of England , or Humane Law in England , takes its Fundamentals from Six chief Principles : First , The Law of Reason . Secondly , Divine Law . Thirdly , Divers Customs of the Kingdom . Fourthly , Divers Principles called Maxims . Fifthly , Particular Customs in certain places . Sixthly , From divers Statutes of the Common Council of the Kingdom in Parliament ; of which we shall speak something in order .

And first , The Law of Reason is held in this as in all other Kingdoms ; and the Learned in the Laws of England make two Degrees of the Law of Reason , ( scilicet ) Lex . Rationis Primariae , & Lex Rationis secundariae : Ex Primaria , From the first are forbidden Murder , Manslaughter , Oppression of the Innocent , Perjuries , Deceits and many such like . But the manner of punishing these sorts of Offences , is according to divers Principles and Maxims or Statutes , to this end especially ordained ; and it is called the Law of Reason primary ; For that those things which are Commanded or Forbidden by that Law , are grounded upon Reason also , without any other Law joyned or opposed to it : The Law of Reason secundary is likewise divided in two parts , That is , General and Particular ; The Law of Reason secundary General , is derived from that Law of Propriety General , which is held throughout the World ; From this are prohibited Thefts , Disseisins , and many other , And it is called the Law of Reason Secundary , for that it is founded not upon Reason alone , but from the Law of Propriety , and the Reason derived from that Law ; for because the Law of property saith , Such a thing is the proper Goods of such a Man ; Therefore saith Reason , grounded upon that Law , that thing is not to be taken from him unjustly against his Will. And the Law of Reason Secundary Particular , is that which is Founded upon divers General and Particular Customs , and divers Maxims and Statutes , only had and ordained in the Kingdom of England : As if a Distress dye , it shall not be imputed to him who distrained ; but to him who hath the Propriety , because the Defect is to be assigned in him , for that he did not pay the Rent : And Reason is founded upon the Custom aforesaid , so that there need not be any Written Law had thereof . And we find so many Secundary Reasons in the Laws of England , that many are willing to affirms the whole Law of England , to be proved by Reason , which notwithstanding is by no means to be affirmed , as by another Example .

By a certain Statute it is Ordained , That he who hath abjur'd the Realm , whilst he is in the publick High-way , shall be in peace with our Lord the King and not in any sort molested ; and by the Custom of the Kingdom , he is to be conducted from Town to Town , by the Constables , &c. to the Sea-port , &c. Now if he Escape , the Constable ought not to be charged to the King , because by reason of the Statute , he could not keep him in safe Custody , or use any Force or Imprisonment whereby he might be kept in safe Custody ; and the Reason is grounded upon that Statute . And some say , Robbery is to be prohibited from Reason Primary , even before the Law of Property , for that it was not Lawful even when all things were in Common , to take any thing from another by force , or to throw him out of his Habitation ; but that such Robbery is to be punished with Death , is from the Custom of the Law of England . Also from the General Law of Property aforesaid , by the Laws of England are excepted Birds , Wild beasts and Beasts of Warren , in which by the Laws of England is no Property to any One , unless they be Tame ; yet nevertheless by the Laws of England in the Eggs of Herons , and such like , Building in the Woods of any , is a Property . And for that every Deduction of Reason in the Laws of England , proceeds from the first Principles , or from somewhat from those Principles derived , no Man althô the most Wise , can Judge justly or Argue rightly in the Laws of England , if he know not these Principles .

The Second Fundamental of the Law of England is Lex Divina , whereby to punish the Transgressors against the Divine Law . The Law of England in many Courts of our Lord the King doth Inquire of Hereticks : Also if any Statute be made or set forth against them ; as that none shall give Alms , it ought to be of no force ; also , Persons Excommunicated in the Laws of England may not Prosecute , nor have Communication with others whilst the Excommunication is certified . And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes , and other things which do of right belong to the Ecclesiastical Jurisdiction , and receives Canonical or Ecclesiastical Laws , Quae non Excedunt potestatem ferentis : so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church ; As if the Law of the Church be , that the Sentence of Divorce is not in force till it is affirmed upon Appeal , The Judges of our Lord the King , shall form their Judgment according to the Laws of the Church ; And if A. B. and C. D. have Goods and Chattels joyntly , and A. B. by his last Will , give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void .

The Third Fundamental of the Law of England , is the General Customs of the Kingdom , which are divers General Customs used and approved of in Ancient time , throughout the whole Kingdom of England , and who attempts any thing against them Works against Law and Justice ; And these are properly called the Common Law , and ought always to be determined by the Judges , whether a General Custom or not , and not by the Country ; and of these and other Principles or Maxims , a great part of the Law of England depends ; and therefore the King by his Coronation Oath promiseth ( inter alia ) that he will faithfully observe all the Customs of the Kingdom ; and the Ancient Customs of the Kingdom , is the Original and Foundation of divers Courts in the same Kingdom ; Whereof one is The Chancery of the Kingdom , in which ( inter alia ) Writs original are obtained , directed to other Courts of the King ; another The Kings-Bench , in which are handled all Treasons , Murders , Homicides , Felonies , and other things done against the Kings Peace ; another Court is called The Common Bench , in which Common Pleas are handled ; ( That is to say , ) of Lands and Tenements , Debts and Chattels and such like ; another Court is called The Kings Exchequer , in which are handled divers matters touching the King alone , as of Sheriffs , Escheats or Receivers , Bayliffs and other the Kings Officers and the like ; and these are called Courts of Record , because those who preside as Judges ought to be assigned by the Kings Letters Patent ; and these Courts have many and divers other Authorities , of which we shall speak more hereafter in their proper places , and likewise of divers other Courts of inferiour Authority in the Kingdom of England : And althô in divers Statutes and Books , mention is made of the Authority of these Courts ; yet we have no written Law of their Institution ; for their Institution depends upon the Custom of the Kingdom , which hath so great Authority , that they may not be altered , or their Names changed or altered , but by Act of Parliament . Also there is an Ancient Custom , which is confirmed by the Statute of Marlebridge ; That all shall do and receive Justice in the Kings Court , and another , that none shall be put to Answer , or be judged , but according to the Law of the Land ; and this is confirmed by Magna Charta : And there are other General Customs in the Kingdom of England , which retain the force of Law , as that the eldest Son shall succeed the Father in the Inheritance , and many more , not here to be recited .

From whence it appears , that Customs in the Laws of England may not be proved by Reason alone , for how can it be proved by Reason , that the Husband shall have the Wife's Land for Term of his Life , as Tenant by that Law , and that the Wife shall have only the Third part , scilicet , that it shall be so done and not otherwise ? And it is certain , that the Law of Property is not the Law of Reason , but a Customary Law , and ought to be accounted amongst the General Customs of the Kingdom , and there is not any Statute or written Law of the Institutions of the Customs of the Law of England , but according to the Skilful in the Law of England : The Ancient Customs of the Law of England are of themselves of sufficient Authority ; and the Customary Law is the most firm Law , provided such a Custom be not against the Law of God , or the Law of Reason .

The Fourth Fundamental of the Law of England consists of Divers Principles , which the Learned in the Law call Maxims , always esteemed and held for Law of this Kingdom of England , which none Learned in the Law may contradict , because every one of them gives Faith or Credit to it self ; and whether a Maxim or not is to be tried by the Judges , as before is said of General Customs of the Kingdom , and not by the Country : And these Maxims are not alone taken for Law , but also all other like cases , and all things necessarily following upon them , are to be placed in like Law , and they are in the same force and strength in Law as Statutes ; and althô all these Maxims might conveniently be numbred amongst the aforesaid General Customs , since Ancient Custom is the sole Authority , as well of these as those ; yet because those General Customs are diffused and known , they may easily and without study in the Laws be known , but these Maxims are only known in the Kings Courts , or by those who are Learned in the Law ; and now for example sake we will mention a few of them , since to declare them fully great Volumes would not suffice : And first , there is a certain Maxim in the Laws of England , that no Prescription in Lands maketh a Right ; also , that Prescription in Rents and Profits to be taken in the Lands of another maketh a Right ; also , that the limitation of Prescription is generally taken à tempore cujus centrarij Memoria hominum non existit , &c.

And further , there are many other Maxims , as in certain Actions , The Process is by Summons , Attachment and Distress Infinite ; and in some by Capias Infinite , &c. and that there should be these divers Processes in divers Actions , may seem expedient and reasonable ; but that there should be these divers Processes had in the Law of England , and none other , cannot be proved by Reason ; therefore they must necessarily have their force from the Maxims aforesaid , or the Ancient Custom of the Kingdom : And some Maxims seem to be founded upon Reason Secundary ; and therefore some may think they may be put unto the first Fundamental of other Laws of England ; as if any command a Trespass , he is a Trespassor , &c.

And there are other Maxims and Customs , which are not so manifestly known , but may be known by the Law of Reason ; partly by Books of the Law of England , which are called Year Terms , partly by Records in the Kings Treasury , and remaining in the Kings Courts ; and by a Book called the Register , and by divers Statutes , in which such Customs and Maxims are often recited . Vide Doctor & Student .

The Fifth Fundamental of the Law of England consists of Divers particular Customs , used in divers Countries , Towns , Lordships , or Mannors and Cities of the Kingdom ; which said particular Customs , because they are not against Reason , nor the Law of God , altho' they are contrary to the aforesaid General Customs , and Maxims of Law , yet they retain the force of Laws : And they ought not always to be determined by the Judges , whether there be such a Custom or not , unless in a few particular Customs sufficiently known and approved in the Kings Courts , but ought to be tryed by the Country : And of these particular Customs I shall put a few for Example ; As there is a Custom called Gavelkind in Kent , where all the Brothers shall Inherit as the Sisters do at Common Law : By Burrough English , in the Town of Nottingham , the younger Son shall Inherit : In some Countries the Wife shall have all the Inheritance of her Husband , in Name of Dower , so long as she continues a Widow : And in some Countries the Man shall have half the Inheritance of the Wife during his Life , although he hath no Issue by her : In some Countries the Infant may make a Feoffment at his Age of Fifteen years : And in some Countries , when he can Measure an Ell of Cloth ; yet such Infant may not make Warranty , for if he do , it is void in Law , neither may he in such case make a Release . Thus are held many other particular Customs .

The Sixth Fundamental consists of Divers Statutes Ordained in Parliament , when other Fundamentals of the Law of England are not sufficient ; for it is to be known , that altho' the Law of Reason may be assigned to be the first and principal Fundamental of the Law of England : yet the Law of Reason is not of so great force and efficacy in the Laws of England , that it alone being known , all the Law of England is known : For besides the Law of Reason , he who desires to know the Laws of England , ought to know the Custom of the Kingdom , as well General a Particular , and the Maxims and Statutes of Law , or otherwise , altho' h● were the wisest of Men , he will understand but few things of the Truth o● the Law of England .

From these things before contain'd it may be deduced , which often fall out , That in one and the same case two or three Fundamentals of Law ought to concur together before the Plaintiff may obtain his Right , as by Example may appear : As if any afte● Entry by him made into any Land with a strong hand , make a Feoffmen● for Maintenance , to defraud the Possessor of his Action ; then the Demandant by the Statute of 8 Hen. 6. cap. 9. shall recover his treble Damages , according to what Damages shall be assessed by the Jury : In which case it appeareth that such Entry is prohibited by the Law of Reason Secundary ; but that the Demandant shall Recover , his treble Damages , is by the aforesaid Statute : And that the Damages shall be Assessed by the Jury , is by the Custom of the Kingdom : And thus Three Fundamentals of Law concur in this case .

And it is to be noted , that there are many Customs , as well General as Particular , and also Divers Laws , called Maxims , which take not their force from strong Reason , but from the Custom of the Kingdom : For by Statutes they may be changed into the contrary , and what can be changed , can never be affirmed to be the Law of Reason Primary : As for Example ; How doth it stand with Reason or Conscience , That if one Bound in an Obligation to pay Money , pay part of the Money , but takes no Acquittance , or lose it ; by the Laws of England he shall be compell'd to pay that Money again , because of the General Maxim , That in an Action of Debt upon Bond , the Defendant may not plead Nihil debet , or Quod poecuniam solvit , nor otherwise discharge himself unless by Acquittance , or other sufficient Writing amounting to a Discharge in Law ; and this to avoid the great Inconvenience which would follow , if every one by word alone might avoid an Obligation .

And thus having briefly set forth the Fundamentals of the Law of England , we shall proceed to the Government , and the Legislative and Executive Power of the Laws of England .

The Government of England .

THe Government of England is 〈◊〉 the first and best kind , viz. Monarchical Political Government .

The King

BEing Supream Governour in 〈◊〉 Causes , and over all Persons , fro● Him is derived all Authority and Jur●diction , He being Quasi Intellectus Age●● Forma formarum , &c. And from th● King with the Advice of

His Majesties Privy Council .

THat most Honourable Assemb●● in the Kings Court or Palace , a● others receive their Motion . It is calle● Concilium Secretum , Privatum , vel Cont●nuum Regis Concilium . This is the Hig● Watch-Tower , wherein the King an● his Nobles Counsellors , survey all h●● Dominions , and sometimes all the D●minions of the World , Consulting th● Honour , Defence , Profit and Peace 〈◊〉 his People , and their Protection fro● Violence or Injuries , either at home 〈◊〉 from abroad .

And these Privy Counsellors , by the Custom of the Kingdom ( being part of the Fundamental Laws of England , as before is mentioned ) are such as the King pleaseth to choose , and are made without Patent or Grant , being only Sworn , that according to their Power and Direction , they shall truly , justly and evenly Counsel and Advise the King in all Matters to be treated in His Majesties Council , and shall keep Secret the Kings Council , &c. And they are so to continue during the Life of the King , or during the Kings Pleasure .

And these Lords of the Privy Council are , as it were , incorporate with the King , in bearing the burthen of his Cares ; wherefore the Striking in the House or Presence of a Privy Counsellor , shall be grievously Fined : Conspiring his Death by any within the Cheque-Roll is Felony , and Killing any one of them is High Treason .

And although before the latter end of Henry the Third , Quod provisum fuit per Regem & Consilium suum Privatum , Sigilloque Regis Confirmatum , proculdubio Legis habuit vigorem , saith Spelman ; yet at present they take Cognizance of few Matters that may well be determined by the known Laws , and Ordinary Court of Justice .

The President of this Council was sometime called Principalis Conciliarius , and sometimes Capitalis Conciliarius ; and this Office was never granted but by Letters Patent of the Great Seal durante bene placito , and is very ancient , for John Bishop of Norwich was President of the Council , Anno 17 Regi● Johannis , Dormivit tamen hoc Officium regnante magna Elizabetha . The Lord President is said in the Statute of 21 H. 8. cap. 20. to be attending upon the King most Royal Person ; and the reason o● his attendance is , for that of latter times he hath used to report to the King the Passages , and the State of the Business at the Council Table .

Next to the President sitteth in Council , &c. The Lord Privy Seal , who besides his Oath of a Privy Counsellor taketh a particular Oath of the Privy Seal , which consisteth of four parts . First , That he justly exercise the Office of Keeper of the King 's Privy Seal to him committed . Secondly , Not leaving so to do for Affection , Love , Doubt or Dread of any Person . Thirdly , That he shall take special regard , that the said Privy Seal in all places where he shall go to , may be in such substantial wise used and safe kept , That no Person without the Kings Special Command or Assent , shall Move , Seal or Imprint any thing with the same . Fourthly , Generally he shall observe , fulfil and do all and every thing which to the Office of the Keeper of the Kings Privy Seal duly belongeth and appertaineth .

This is an Office of great Trust and Skill : That he put his Seal to no Grant without Warrant nor with Warrant , if it be against Law , undue , or inconvenient , but that first he acquaint the King therewith .

Upon the Lord Privy Seal are attendant four Clerks of the Privy Seal .

How the Kings Grants , Writings and Leases pass the three Seals , viz. The Privy Signet , the Privy Seal and the Great Seal , and the Duties of the Clerk of the Privy Signet and Privy Seal , and what Fees shall be paid , and where none at all , &c. and many Articles concerning the passing of the Kings Grant , &c. you may Read in the Stat. of 27 Hen. 8. This Officer is named in some Statutes , Clerk of the Privy Seal , in others Garden del Privy Seal , and in the Stat. 34 Hen. 8. Lord Privy Seal .

By Stat. 11. R. 2. cap. 10. It is provided , That Letters of the Signet , nor of the Kings secret Seal shall be from henceforth sent in Damage or Prejudice of the Realm , nor in Disturbance of the Law .

It appeareth by Writs and Records of Parliament , that the High Court of Parliament is resolved to be holden by the King Per advisamentum Consilij sui , viz. by advice of his Privy Council .

Acts and Orders of Parliament for the Privy Council , and other things concerning them in the Rolls of Parliament , you may Read in the Statutes and Originals at Large , mentioned in Cokes 4. Inst. cap. 2.

No Lo●d of Parliament takes any place of Precedency in respect he is a Privy Councellor , but under that Degree , such place a Privy Councellor shall take , as is set down in Serie ordinum , tempore Hen. 7.

The King by advice of his Privy Council , doth publish Proclamations binding to the Subject , provided they be not against Statute or Common Law .

The Privy Councellors sit in order Bareheaded when the King Presides , and the lowest declares his Opinion first , and the King last declares his Judgment , and thereby determins the matter .

For their Precedency and Place , see the Statute of 31 H. 8. directing the same .

The time and place of holding the Council , is wholly at the Kings pleasure ; which is seldom or never held without the presence of One of

The Secretaries of State ; of which , since the latter end of the Reign of H. 8. there have been Two , both of equal Authority , and both styled Principal Secretaries of State ; these every day attend upon the King , and receive and make dispatch of the Petitions and Desires of the Subjects at home , and for Foreign matters .

The Sectetaries have the Custody of the Kings Seal called the Signet , which gives denomination to an Office constantly attending the Court , called The Signet Office , wherein Four Clerks prepare such things as are to pass the Signet , in order to the Privy Seal or Great Seal .

The Four Clerks in Ordinary of the Privy Council , are to Read what is brought before the Council , and draw up such Orders as the King and Lords shall direct , and cause them to be Registred : And belonging to the Secretaries is ,

The Paper-Office , where all Paper-Writings and publick Matters of State , and Transactions of Ministers abroad , and what passes the Secretaries is transmitted and kept . And now we proceed to

The Ecclesiastical Government .

THe King being Chief Person , as being Persona Sacra & Mixta cum Sacerdote , is the Supream Bishop of England : For at his Coronation , by a solemn Consecration and Unction , he becomes a Spiritual Person , Sacred and Ecclesiastical , having both Corona Regni & Stola Sacerdotis put upon him .

He is Patron Paramount of all Ecclesiastical Benefices , to whom the last Appeal in Ecclesiastical Affairs is made , and who alone hath the Nomination of all Persons for Bishopricks and Chief Dignities and Deaneries , and some Prebends in the Church , &c. And next to the King are the Primates , Metropolitans , or

Archbishops , one of Canterbury , the other of York , each of which have their peculiar Diocess , besides a Province of several Diocesses ; and these Archbishops have the Style of Grace , with the Title of Lord prefixed in speaking to them , and are termed Arch or Chief Bishops , it seeming requisite to our Ancestors ( according to other Christian Churches , since the first Nicene Council ) to have amongst a certain number of Bishops , One to be Chiefest in Authority over the rest , for the remedy of General Disorders , or when the Actions of any Bishop should be called in question , &c. And next under these Archbishops are ,

Bishops Twenty four , whereof Twenty one Bishops , with their Bishopricks or Diocesses , are in the Province of Canterbury , and the other Three in the Province of York , who are in Conformity to the first Times and Places of Established Christianity , One of the Clergy Ordained in every City , to have the preheminence over the rest of the Clergy within certain Precincts : And these are likewise Lords in respect of their Baronies annexed to their Bishopricks , and for easing the Bishop of some part of his Burthen , as the Christians waxed Great ; or as in respect of the Largness of the Diocess in the primitive Times , there were Ordained Chorepiscopi , Suffragan , or Subsidiary Bishops ; so in England are such Ordained by the Name of

Bishops Suffragans , or Titular Bishops , who have the Name , Title , Style and Dignity of Bishops ; and as other Bishops are Consecrated by the Archbishop of the Province , each one to execute such Power , Jurisdiction and Authority , and receive such Profits as are limited by the Bishop or Diocesan , whose Suffragan he is . By Act of Parliament of King Henry the 8th , still in force , they are to be only of several Towns therein named ; and in case the Archbishop , or some other Bishop desire the same , the Bishop is to present Two Able Men , whereof the King chuseth One , for any of the places named . And the next in the Church Government is the

Arch-Deacon , who tho' a Presbyter himself , is so named for that he hath Charge over the Deacons , who are to be guided and directed by him under the Bishop ; and of these are Sixty in England . And next under them are

Deacons , or Deans , from the Greek 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , because anciently set over Ten Canons at the least , which Canons were prudent and pious Pastors , placed in a Collegiate manner at every Cathedral or Apostolick See , where they might not only be ready to assist the Bishop in certain weighty Cases , but also fit themselves for Government and Authority in the Church ; and accordingly in every Cathedral Church in England is

A Dean , and under him a certain number of Prebendaries or Cannons ; and this Dean is sometimes styled , Alter Episcopi Oculus , the other being the Arch-Deacon ; and of these Deacons are 26 Deans of Cathedral and Collegiate Churches , and 544 Prebendaries . And next are

Rural Deans , or Archi-Presbyters , so called , because they had usually charge over Ten Country Parsons , Presbyters or Priests , having the Guidance and Direction of them ; and of these are many in England . And in the last place are

Pastors , Presbyters or Priests of every Parish , commonly called Rectors , unless the Praedial Tithes are Impropriated ; and then they are called

Vicars , quasi Vice Fungentes Rectorum ; and of these Rectors , or Parsons and Vicars are about 9700 , besides Curates , who for Stipends assist such Rectors and Vicars , that have the Cure of more Churches than One.

Of all which , with their manner of Election , Consecration , Function , Precedence , Priviledges and Duties , &c. you may Read more at large in several Authors , who have writ particularly thereof ; to whom I refer , and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government , which is

The Convocation

BEing a National Synod , which the King ( by the Advice of his Privy Council ) usually Convokes , for the Church Legislative Power ; or for making Ecclesiastical Laws , or consulting of the more weighty Affairs of the Church , in this manner :

The King directs his Writ to the Archbishop of each Province , whereupon the Archbishop directs his Letter to his Dean , citing himself peremptorily ; and then willing him in like manner to Cite all the Bishops , Deans , Archdeacons , Cathedrals and Collegiate-Churches , and all the Clergy of his Province , to the Place , and at the Day prefixt in the Writ : But directeth withal , that One Proctor sent for each Cathedral and Collegiate Church , and Two for the Body of the Inferiour Clergy of each Diocess may suffice .

The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province , Citing them in like manner to appear personally ; and the Cathedral and Collegiate Churches , and Inferiour Clergy of his Diocess , to send their Proctors to the Place , and at the Day appointed ; also to certifie to the Archbishop , the Names of all so Summoned by them .

The Place where the Convocation of the Clergy was usually held , was heretofore at St. Paul's Church ; of latter Times in King Henry the Sevenths Chappel at Westminster .

The Higher House in the Province of Canterbury , consisting of Twenty two Bishops , of whom the Archbishop is President , sitting in a Chair at the Upper end of a Great Table , and the Bishops on each Side of the same Table , all in their Scarlet Robes and Hoods , the Archbishops Hood Furr'd with Ermin , the Bishops with Minever .

The Lower House , consisting of Twenty two Deans , Twenty four Prebendaries , Fifty four Archdeacons , and Forty four Clerks , representing the Diocesan Clergy ; in all One hundred Sixty six Persons .

Their Jurisdiction is to deal with Heresies , Schisms , and other meer Spiritual and Ecclesiastical Causes , and therein to proceed Juxta Legem Divinam , & Canones Ecclesiae ; and as they are called , so they are often commanded by the King 's Writ , to deal with nothing that concerns the King's Laws of the Land , his Crown and Dignity , &c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent , are binding upon themselves and all the Laity : But before the above-mentioned Act , a Dism● granted by the Clergy in the Convocation , did not bind the Clergy before the Royal Assent .

The first Day of their meeting , the Upper House chuse a Bishop for their Prolocutor ; and the Lower House ( being required by the Higher ) chuse them a Speaker or Prolocutor , whom by two Members they present to the Upper House , One of them making a Speech in Latin , and then the Elect Person makes another Speech in Latin ; and then the Archbishop Answers in Latin , and in the Names of all the Lords approves the Person .

Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth .

In the Higher House all things are first proposed , and then communicated to the Lower House .

The Major Vote in both Houses prevails .

Out of Parliament time they usually assemble about Nine of the Clock in the Morning : And first , the Junior Bishop says ( in Latin ) Prayers , beginning with the Litany and Prayer for the King , &c. In the Lower House the Prolocutor says Prayers .

The Parliament , when required , confirms the Consults of the Clergy , that the People may be thereby induced to obey the Ordinances of their Spiritual Governours .

The Archbishop of York , at the same time holds a Convocation for his Province at York in like manner , and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury .

Inter Leges Inae , Anno Domini 727 , A Convocation of the Clergy is called Magna Servorum Dei frequentia .

All the Members of both Houses have the like Priviledges for themselves and Menial Servants , as the Members of Parliament , and this by Statute .

Now they are required to subscribe Three of the XXXIX . Articles . Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James , 1 Jac. 1. And for

The Executive Power in Causes Ecclesiastical .

THere are provided divers Excellent Courts ; the chief whereof for Criminal Causes , was

The High Commission Court .

THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty , Her ▪ Heirs and Successors , should have power by Letters Patents under the Great Seal , to ▪ Nominate and Authorize such person or persons , being Natural born Subjects to Her Highness , as Her Highness , her Heirs or Successors should think fit , to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland , or any other Her Highness Dominions , to Visit and Reform all Errours , Heresies or Schisms , Abuses , Offences and Contempts , &c. which by any manner of Spiritual and Ecclesiastical Power , can or may be lawfully Reformed , &c. And that such person or persons should have full Power by Virtue of the said Act , and Her Majesties Letters Patents , to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent .

And upon Declaration of this Act the Lord Coke raises two Questions : First , What Causes should belong to this Court : Secondly , In what cases they may Fine and Imprison ? As to the first it is certain , That by the principal Clause of Restitution in that Act , all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used , or which might have been lawfully exercised or used , were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm . For whatever Power or Jurisdiction did belong to , or was exercised by the Pope De facto , doth now De jure belong to the King : But by reason the Ecclesiastical Judges , before the making of that Act , ought to have proceeded according to the Ecclesiastical Censures of the Church ; and could not Fine and Imprison , unless they had Authority by Act of Parliament : Therefore the Lord Coke , by reason of the Clause i● this Act , That the Commissioners shall Execute the Premisses , according to the Teno●● of the Letters Patent ; which Clau●● refe●s ●o the former parts of this Act viz The Ancient Jurisdiction restore● by this Act , ●a●th , the Commissione● had not power to Fine and Imprison .

This Commission was usually grante● to persons of the Highest Quality i● Church and State , so often , and for 〈◊〉 long time , as the King did thin● fit .

In Queen Elizabeths Time , saith th● Lord Coke , it was Resolved , the Hig● Commission should be limitted to certia● Enormities and Exorbitant Causes ▪ And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison , both out of th● Kings-Bench and Common-Pleas . B●● this Court being now Abrogated by th● Statute of 16 & 17 Car. 2. cap. 11.

The Courts of the Archbishop 〈◊〉 Canterbury come next in course , th● Highest of which is ,

The Court of Arches .

SO called from the Arched Church of St. Mary in Cheapside , where this Court hath been usually kept , as appears by Record in Edward the First 's time . The Judge hereof is the Dean of the Arches , who under the Archbishop of Canterbury , hath Jurisdiction over a Deanery , consisting of Thirteen Parishes within London , exempt from the Jurisdiction of the Bishop of London . Hither are directed all Appeals in Ecclesiastical Matters , within the Province of Canterbury . And to this Court belong divers Advocates , all Doctors of the Civil Law , Two Registers and Ten Proctors . The next Court of the Archbishop is ,

The Court of Audience .

KEpt within the Archbishop's Palace , and medleth not with any manner of Contentious Jurisdiction ; but only with Matters pro forma , as Confirmation of Bishops , Elections , Consecrations , and Matters of Voluntary Jurisdiction ; as granting the Guardianship of the Spiritualties , Sede vacante of Bishops , Admission and Institution to Benefices , Dispensing with Banns of Matrimony , and such like .

The Court of the Faculties .

THis is also a Court , although it holdeth no Plea of Controversie : 〈◊〉 belongeth to the Archbishop , and his Officer , is called Magister ad Facultates .

And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations , Faculties , &c. by himself or his sufficient Commissary or Deputy , for any such matter heretofore had at the See of Rome , or by the Authority thereof .

The Prerogative Court of Canterbury .

THis is the Court where Testaments are proved , and Administrations granted , where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth , which regularly is to be to the value of Five pounds , but in the Diocess of London , it is Ten pounds composition .

By 16 Rich. 2. Rot. Par. not in Print , It is assented in full Parliament , that the King may make his Testament , which before that was doubtful ; and Hen. 4th made his Testament , and his Executors refusing , Administration was granted by the Archbishop of Canterbury , with the Testament annexed to the same .

When the King is made Executor , he Deputes certain Persons to take the Execution upon them , and appoints others to take the Accompt .

The Probate of every Bishop's Testament , or Granting Administration of his Goods , althô he hath not Goods but within his own Jurisdiction , doth belong to the Archbishop .

From this Court the Appeal is to the King in Chancery .

The Archbishop of York hath the like Courts , and also the Court of Audience .

The Court of Peculiars .

THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London , and other Diocesses , &c. and there are Fifty seven such Peculiars within the Province of Canterbury .

It is an Ancient Priviledge of the See of Canterbury ; that wheresoever any Manors or Advowsons do belong unto that See , that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar , and of th● Diocess of Canterbury .

And there are certain peculiar Juri●dictions , belonging to some certain Par●shes ; the Inhabitants whereof , are exem●● from the Archdeacon's Jurisdiction , an● sometimes from the Bishops Jurisdictio●

And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anoth●● Bishop's Diocess , hath often a Court 〈◊〉 Peculiars , held for him in that partic●lar Parish .

Note , That there are some Deans 〈◊〉 England without any Jurisdiction , on● for Honour so Stiled , as the Dean 〈◊〉 the Chappel Royal , and Dean of th● Chappel of St. George at Windsor . Mo●●over some Deans there are without a●● Chapter ; yet enjoying certain Juri●dictions , as the Dean of Croyden , th● Dean of Battel , and the Dean of Bo●●ing , &c.

The Consistory Courts of Archbishops and Bishops .

THe Consistory Courts of every Archbishop and Bishop of every Dioce●● in Ecclesiastical Causes , is holden befo●● his Chancellor in his Catheral Church or before his Commissary in places 〈◊〉 the Diocess , too far remote for the Chancellor to call them to the Consistory .

From these the Appeals are to the Archbishop of either Province respectively .

By many Records in Hen. 3. and Edw. 1. It appears no Bishop could make a Will of his Goods or Chartels coming of his Bishoprick , &c. without the King's License ; wherefore the Bishops consented to give the King Six things , That they might freely make their Wills . First , Their best Horse or Palfrey , with Bridle and Saddle . Secondly , A Cloak with a Cape . Thirdly , A Cup with a Cover . Fourthly , A Bason and Ewer . Fifthly , One Ring of Gold . Sixthly , His Kennel of Hounds , for which a Writ issueth out of the Exchequer after the Decease of every Bishop .

The King by the Verdict of Twelve recovered 10000 Marks against the Bishop of Norwich , for that he prosecuted against the Abbot of St. Edmundsbury , to appear before him against the King's Prohibition ; For which it was adjudged , That his Temporalities should be seised , and his Body taken .

If an Alien or Stranger be presented to a Benefice , the Bishop ought not to admit him .

The Court of Archdeacon , or his Commissary .

THis Court is to be holden , whe●● and in what place the Archdeaco● either by Prescription or Compositio● hath Jurisdiction in Spiritual Cases with in his Archdeaconry ; and from hi● the Appeal is to the Diocesan , and 〈◊〉 is called Oculus Episcopi .

And every Archdeacon hath 〈◊〉 Court and Jurisdiction , where small●● differences arising within his Limits a●● pleaded .

Also , the Dean and Chapter hath 〈◊〉 Court , and take Cognizance , of Caus● hapning in places belonging to th● Cathedral .

Lastly , There are some peculi●● Jurisdictions , the Inhabitants where●● are exempt sometimes from the Arc●deacon's Jurisdiction , and sometim● from the Bishops Jurisdiction .

The Court of Delegates .

THis Court is so called because Delegated by the King's Commissio● under the Great Seal , to sit upon an A●peal to the King in the Court of Cha●cery in three Causes . First , When 〈◊〉 Sentence is given in an Ecclesiastical Court , by the Archbishop or his Official . Secondly , When a Sentence is given in any Ecclesiastical Cause in places exempt . Thirdly , When any Sentence is given in the Admirals Court , by the order of the Civil Law .

And having spoken of Appeals in Ecclesiastical Causes , that you may know the Resolution of the Judges , and Learned in the Ecclesiastical Law , in what Causes , from what Courts , and in what time Appeals are to be made . Vide Lord Dyer & Coke's 4 Inst. Ecclesiastical Courts .

The Laws and Constitutions Ecclesiasticali

THe Laws and Constitutions of the Ecclesiastical Government in England are : First , General Canons made by General Councils , Arbitria Sanctorum Patrum , The Opinions of Fathers , the Grave Decrees of several Holy Bishops of Rome . Next , our own Constitutions made anciently in several Provincial Synods , either by the Legates Otho and Othobone sent from Rome , or by several Archbishops of Canterbury . All which are by the Statute of 25 Hen. 8. in force in England , so far as they are not Repugnant to the King's Prerogative , or the Customs , Laws or Statutes of the Realm : Then the Canons made in Convocations of latter times , as 1 Jac. and confirmed by his Royal Authority : Also , Statutes Enacted by Parliament touching Ecclesiastical Affairs : And Lastly , Divers Customs not written ; and where these fail the Civil Law takes place .

Tryals Ecclesiastical in Civil Causes .

THe manner of these Tryals are first , a Citation goes out ; Then they proceed to Bill , and Answer ; then by Proofs , Witnesses and Presumptions , the matter is argued Pro and Con , and the Canon and Civil Laws Quoted ; And then without Jury the Definitive Sentence of the Judge passeth , and after that Execution .

Tryals Ecclesiastical in Criminal Causes .

THe manner of Trying Criminal Causes is by way of Accusation , Denunciation , or Inquisition . The first , When some one takes upon him to prove the Crime . The second , When the Church-Wardens present , and are not bound to prove , because it is presumed they do it without Malice , and ●hat the Crime is Notorious . Lastly , By Inquisition , when by reason of common fame , inquiry is made by the Bishop Ex officio suo , by calling some of ●he Neighbourhood to their Oath , or ●he party accused to his Oath Ex officio . But by the prevailing part in the Long-Parliament , this power was taken from the Church , the want whereof is one main cause of the Libertinism and Debauchery of the Nation .

Punishments by Ecclesiastical Courts .

PUnishments inflicted by these Spiritual or Ecclesiastical Courts , according to these Spiritual or Ecclesiastical Laws , are first , the party delinquent is admonished . Next goes forth

Minor Excommunicatio , whereby he is Excommunicated or Excluded from the Church , or at least from the Communion of the Lord's Supper , disabled to be Plaintiff in any Suit , &c. and this commonly for Non-appearance upon Summons , or not obeying the Orders of the Court : This power of lesser Excommunication the Bishop may Delegate to any Grave Priest with the Chancellor . Then

Excommunicatio Major , is not only an Exclusion from the Company of Christians in Spiritual Duties , but also i● Temporal Affairs . And this commonly for Heresie , Schism , Perjury , Incest , &c. and for the more Terrour , 〈◊〉 is done by the Bishop himself in prope● person ; and being so Excommunicate a Man cannot be in any Civil or Ecclesiastical Court either Plaintiff or Witness ; and in case any contin●● Forty days Excommunicate , the King'● Writ de Excommunicato capiendo is granted out of the Chancery against him ▪ whereupon he is cast into Prison without Bail , till he hath satisfied for th● Offence . And then there is

Anathematismus inflicted upon an obstinate Heretick , whereby he is declared a publick Enemy to God , Rejecte● and Accursed , and delivered over t● Eternal Damnation : And this is to b● done by the Bishop also in his ow● person , assisted by the Dean and Chapter , or Twelve other grave Priests . An● Lastly , There is

Interdictum , whereby is prohibited 〈◊〉 Divine Offices , as Christian Burial 〈◊〉 Administration of Sacraments , &c. i● such a place or to such a people : If this be against a people , it followeth the● wheresoever they go ; but if against the place only , then the people may g● to Divine Office elsewhere ; and besides these general Censures of the Church , which respect Church-Communion , there is another touching the Body of the Delinquent , called

Publick Penance , when the Delinquent is to stand in the Church Porch on a Sunday , Bare-head and Feet , in a White Sheet bewailing himself , and begging every one that passeth by to pray to God for him , &c. and this by divers Writers appears to be the practice used by the Primitive Churches .

And this Punishment , if the Crime be not very notorious , may by the Canons of the Church of England , be commuted to a Pecuniary mulct to the Poor , or to some other pious Use .

Punishments Ecclesiastical peculiar to the Clergy .

TO the before-mentioned Punishments , both Clergy and Laity are subject ; but there are Punishments to which the Clergy only are liable , as first ,

Suspensio ab Officio , Is when the Minister for a time is declared unfit to execute the Office of Minister . Then ,

Suspensio à Beneficio , when the Minister is for a time deprived from the profits of his Benefice ; and these two Censures are wont to be for smaller Crimes ; Then

Deprivatio à Beneficio is for a greater Crime , wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living . And Lastly ,

Deprivatio ab Officio , when a Minister is for ever deprived of his Orders ; and this is called Depositio or Degradati●● and is commonly for some heinous Crime deserving Death , and is performed by the Bishop in a Solemn manner , pulling off from the Criminal his Vestments , and other Ensigns of his Order ; and this in the presence of the Civil Magistrate , t● whom he is then delivered to be punished as a Layman , for the like Offence .

And this may suffice for a sho●● view of the Ecclesiastical Government .

The Civil Government , &c.

A Brief Account of the Ecclesiastical Government having been given : In the next place we are to Treat of the Civil Government , the first great Wheel moved therein by the King and his Privy Council , Being

The High Court of Parliament .

BEfore the Conquest called the Great Council of the King , consisting of the Great Men of the Kingdom . It was also called Magnatum Conventus , or Praelatorum Procerumque Consilium , and by the Saxons Michel Gemot and Witenage Mote ; after the Conquest it was called Parliamentum , from the French word Parler , still consisting of the Great Men of the Nation , as some hold , until the Reign of Hen. 3. when the Commons also were called : The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago ; so that now this High Court consists of ,

The King , who being Caput , Principium & Finis Parliamenti , Sits there as in his Royal Politick Capacity .

The Lords Spiritual ; As the Two Archbishops , and Bishops being in number about Twenty four , who sit there by Succession , in respect of their Baronies ; and to every one of these , Ex Debito Justitiae a Writ of Summons is to be directed .

The Lords Temporal ; As Dukes , Marquesses , Earls , Viscounts and Barons , who sit there by reason of their Dignities ; and were in the Lord Cokes time about 106 , now near twice that number .

And every of these being of full Age , Ex Debito Justitiae ought to have a Writ of Summons . And

The Commons of the Realm being Knights of Shires , Citizens of Cities , and Burgesses of Burroughs ; all which are respectively Elected by the Counties , Cities and Burroughs , and none of them ought to be omitted ; and these were in number in the Lord Cokes time 493 , now about 513 persons .

Spiritual Assistants , are Procuratores Cleri , who are so called as by the Writ to the Bishop before mentioned appears ; to Consult , and to Consent , but never had Voices , as being no Lords of Parliament : And by the Treatise De modo tenendi Parliamentum , they should appear cum praesentia eorum sit necessaria .

Temporal Assistants , Are all the Judges of the Realm ; Barons of the Exchequer , and of the Coif .

The King 's Learned Council , and the Civilians , Masters of the Chancery , are called to give their Assistance and Attendance in the upper House of Parliament , but have no Voice ; and their Writs differ from the Barons , being Quod intersitis nobiscum , cum caeteris de concilio nostro , super praemissis tractaturi , vestrumque Concilium impensuri .

Romulus Ordained 100 Sena●ours , which were afterwards increased to 300 ; and of that number were our House of Commons in Fortescue's time .

The Person Summoning is the King , or in his Absence the Custos Regni , or in his Minority the Protector Regni doth Summon the Parliament , which cannot be begun , without the Kings Presence , either in Person , or Representation by Commission under the Great Seal , or by a Guardian of England by Letters Patents .

The manner of Summoning a Parliament is in manner following : About 40 days before their time of Sitting , the King cum Advisamento Consilij sui , Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal , Commanding the Lords Spiritual in Fide & Dilectione ; and the Lords Temporal per Fidem & Allegiantiam to Appear , Treat , and give their Advice in certain Important Affairs concerning the Church and State , &c. And the Warrant is per ipsum Regem & Concilium .

And for Summoning the Commons , a Writ goeth to the Lord Warden of the Cinque Ports , for Election of the Barons of the Cinque Ports , who in Law are Burgesses ; and to every Sheriff in the 52 Counties in England and Wales , for the Choice and Election of Knights , Citizens , and Burgesses , within every of their Counties respectively ; Two Knights for each County ; Two Citizens for each City ; and One or Two Burgesses for each Burrough , according to Statute , Charter or Custom .

Persons Elected for each County ought to be Milites Notabiles , or at leastwise Esquires or Gentlemen fit to be made Knights ; they ought to be Native Englishmen , or at least such as have been Naturalized by Act of Parliament : No Alien or Denizen , none of the 12 Judges , no Sheriff of a County , no Ecclesiastical person having Cure of Souls , may be a Parliament Man . And for Legality of Sitting in Parliament , he must be 21 years old .

All the Members of Parliament both Lords and Commons , with their Menial Servants and necessary Goods , are Priviledg'd during the time of Parliament Eundo , Morando , & ad proprium redeundo ; But not from Arrests for Felony , Treason or Breach of the Peace .

If the King do not think fit the Parliament shall Sit at the day of Return of the Writ , he may by Writ Patent Prorogue them till another day , as was done 1 Eliz.

At the day of Meeting of the Parliament , The King , and by his Direction the Lord Chancellor , The Lord Keeper of the Great Seal , or some other by the Kings appointment , Declares the Causes of Calling the Parliament ; as in Ed. 3. time , Sir Henry Green Lord Chief Justice , although the Lord Chancellor were present . And when a Bishop is Lord Chancellor , he usually takes a Text of Scripture in Latin and Discouses thereupon ▪ And when a Judge , by way of Oration , he Declares the Cause of Calling the Parliament .

The Lords in their House have power of Judicature . The Commons in their House to some purposes have power of Judicature , and both together have power of Judicature . But this will require a whole Treatise . 4 Co. Inst 23.

The Lords give their Voices from the Puisne Lord Seriatim , Content , or not Content .

The Commons give their Votes by Yeas , and Noes ; and if it be doubtful Two are appointed , one for the Yeas , another for the Noes , to number them ; the Yeas going out , and the Noes sitting still as being content with their Condition ; but at a Committee although of the whole House , the Yeas go on one side , and the Noes on the other , whereby the greatest number will easily appear .

The Royal Assent to Bills passed both Houses , is given in this manner : The King Sitting in his Throne of State , with his Crown on his Head , in his Royal Robes , and the Lords in their Robes ; The Clerk of the Crown Reads the Title of the Bills , to which the Clerk of the Parliament according to directions from the King , Answers ; if a publick Bill Le Roy le veut ; if a private Bill Soit fait comme el est Desire ; or otherwise Le Royn s'advisera , being a absolute Denial in a Civil way .

If it be a Bill for Money given his Majesty ; then the Answer is , Le Roy remercie ses loyaux sujets accepte leur Benevolence , & aussi le veut .

The Bill for the King 's General Pardon , hath but one Reading in either House , for this Reason , because they must take it as the King will please to give it : so the Bill of Subsidies granted by the Clergy , assembled in Convocation for the same Reason . When the Bill for the General Pardon is passed by the King ; the Answer is thus , Les Prelates Seigneurs & Communes en ce Parliament Assembles , au nom de tous vos autres Sujets , remercient tres humblement votre Majeste & prient Dieu vous donner en sante bonne Vie , & longue .

All Acts of Parliament before the Reign of Hen. 7. were passed , and enrolled in Latin or French , now in English .

Most of our ancient Acts of Parliament run in this Stile : The King at the Humble Request of the Commons , with the Assent of the Prelates , Dukes , Earls and Barons hath Ordained or Enacted ; After it was thus , The King by the Advice and Assent of the Lords Spiritual and Temporal , and with the Assent of the Commons doth Enact : Of latter times it hath been thus , Be it Enacted by the Kings most Excellent Majesty , by , and with the Advice and Consent of the Lords Spiritual and Temporal , and of the Commons ; Although the words of the Writ , for Summoning the Commons is only ad Consentiendum , and not ad consilium impendendum ; as it is in the Writ to the Lords .

The Adjourments are made in the Lords House , by the Lord Chancellor , to what other Day , or Place the King thinks fit .

The Prorogations are made in the same manner , only a Prorogation makes a Sessions , and puts an end to all Bills not passed the Royal Assent .

At the Dissolution of the Parliament the King commonly comes in Person , sending for the House of Commons : After Speeches made , the Lord Chancellor by the King's Command Declares the Parliament Dissolved .

The House of Commons is not prorogued or adjourned , by the prorogation or adjournment of the Lords House ; but the Speaker , upon signification of the King's pleasure , by the assent of the House of Commons , doth say , This House doth Prorogue , or Adjourn it self . But when it is Dissolved , the House of Commons are sent for up to the Higher House , and there the Lord Keeper by the King's Commandment Dissolveth them . And it may be observed , That as the Parliament cannot begin without the King's presence , either in Person or by Representation , so it cannot end without ; Nihil enim tam conveniens est Naturali Aequitati , unumquodque Dissolvi eo Ligamine quo ligatum est , Coke's 4 Inst. 28.

The Proceedings and Transactions , being referr'd to Authors , who have Written thereof at large , we shall only mention some remarkable things concerning the same . And first ,

Any Lord upon just cause to be absent , may make his Proxy ; but he cannot make it but to a Lord of Parliament : And a Commoner may not make a Proxy .

King John , in the Thirteenth year of his Reign , sent Embassadours to Admiralius Murmelius , Great Emperour of Turkey , Sir Thomas Harrington and Sir Ralph Nicholson , Knights , and Sir Robert of London , Clerk , Nuncios suos Secretissimos , to offer to be of his Religion , and become Tributary to him , and He and his Subjects would be his Vassals , and to hold his Kingdoms of him : But that Infidel Great Prince , as a thing unworthy of a King to Deny his Religion , and betray his Kingdom , utterly refused to accept . King John the next year surrendred his Kingdoms of England and Ireland to Pope Innocent the Third , paying 1000 Marks for them ; which being afterwards Demanded with Homage by the Pope , Anno 40. Ed. 3. In full Parliament it was fully agreed , That Answer should be Returned , That niether King John , nor any for him , could put Himself , his Realm , or People , in any Subjection without their Consent ; And that if the Pope did attempt to gain it by Force , they would resist with all their power .

Rot. Parl. 4.2 Ed. 3. It is Declared in full Parliament , That they could not assent to any thing in Parliament , that tended to the Disherison of the King or his Crown , whereunto they were sworn .

By the Law and Custom of Parliament , when any New thing is Devised , they may Answer , That they dare not Consent to it without Conference with their Countries , Co. 4 Inst. 14 , 34.

As every Court of Justice hath Laws and Customs for its directions , some by the Common Law , some by the Civil Law and Canon Law , some by Peculiar Laws or Customs , &c. so the High Court of Parliament , Suis propriis Legibus , & Consuetudinibus subsistit .

Informations were preferr'd by the Attorney General against 39 Members of the House of Commons , for Departing without the King's License , whereof six submitted to their Fines , and Edmund Plowden , the Learned Lawyer , pleaded , That he remained continually from the beginning to the end of the Parliament , and took a Traverse full of Pregnancy ; and after his Plea was Sine die per demise le Reigne . In the Kings-Bench ,

Upon Petition of Right to the King , either in English or in French , and the Answer thereunto Fiat Justitia , a Writ of Errour may be had directed to the Chief Justice of the Kings-Bench , to remove a Record in praesens Parliamen●um .

An Act of Parliament must have th● Assent of King , Lords , and Commons ; but if it want this Threefold Consent , it is not an Act , but an Ordinance .

Of Acts of Parliament some be Declaratory of the ancient Law , some be Introductory of a New Law , and some be of both kinds , by addition of greater Penalties , or the like .

In ancient Times all Acts of Parliament were in form of Petitions ; and for the several Forms of Acts of Parliament , see the Prince's Case , 8 Co. Rep. 20.

The Passing of a Bill doth not make a Sessions , but the Sessions continueth till a Prorogation , or Dissolution .

And the difference between an Adjournment and Prorogation is , that after an Adjornment all things stand as they did before ; but after a Prorogation , al● former proceedings not passed the Royal assent , are made null and void .

When a Parliament is called and doth sit , and is Dissolved without any Act of Parliament passed , or Judgmen● given ; then it is no Sessions , but a Convention , Co. 4 Inst. 28.

A Bill was preferred An. 6 Hen. 6. that none should Marry the Queen Dowager of England without license and assent of the King , on pain to lose all his Goods and Lands . The Bishops and Clergy assented by content , so far as the same swerved not from the Law of God , or of the Church ; and so far as the same imported no deadly Sin . The Act of Parliament is holden good and absolute ; for that the assent of the Clergy could not be conditionally , neither was it against the Law of God , &c. as appears by Magna Charta , cap. 7. Confirmed by 32 Acts of Parliament , Co. 4 Inst. fo. 35.

Of this Court it is said , Si Antiquitatatem spectes est Vetustissima , si Dignitatatem est Honoratissima , si Jurisdictionem est Capacissima , Fortescue .

— Huic nec metas rerum nec tempora pono .

Virgil.

King Henry the Eighth commanded Thomas Earl of Essex to attend the Chief Justices , and know , Whether a Man that was forth-coming , might be attainted of Treason by Parliament , and never called to answer . The Judges answered , It was a dangerous Question , and that the High Court of Parliament ought to give Examples to Inferiour Courts , for proceeding according to Justice , and no Inferiour Court could do the like ; and they thought the High Court of Parliament would never do it . But being by express Commandment of the King , pressed by the said Earl to give a Direct Answer ; they said , That if he be attainted by Parliament , it could not come in question afterwards , whether he were called , or not called to Answer , which was according to Law : Altho' they might have made better Answer , since by Magna Charta , no Man ought to be condemned without being called to answer . But , Facta tenent multa , quafieri prohibentur .

By ancient Law , when any one was to be charged in Parliament with any Crime , Offence or Misdemeanour , The King's Writ was directed to the Sheriff , to summon and enjoyn the Party to appear before the King in the next Parliament ; or otherwise it may be directed to the party himself , as appean by the Writs .

King Henry the Eighth being in Convocation ackowledged Supream Head of the Church of England , thought it no difficult matter to have it confirmed by Parliament ; but was secretly desirous to have the Impugners of it incur High Treason ; but having little hope to effect that concerning High Treason , sought to have it pass in some other Act by words closely couch'd ; and therefore in the Act for Recognition of his Supremacy , the Title and Style thereof is annexed to the Crown . Afterwards by another Act , whereby many Offences are made High Treason ; It is amongst other things Enacted , That if any person or persons , by Word or Writing , Practise or Attempt to deprive the King or Queen , or their Heirs apparent , of their Dignity , Title or Name of their Royal Estates , should be adjudged Traytors : Whereupon many were put to death .

The Will of Richard the Second , whereby he gives Money , Treasure , &c. to his Successors , upon condition that they observe the Ordinances and Acts made at the Parliament in the 21th year of ●is Reign , is adjudged void , it being in ●estraint of the Sovereign Liberty of his Successors . And it is a certain Maxim , That Leges posteriores , priores ●ontrarias abrogant .

The Acts of Parliament , or Petition of Right , may be Inrolled in any , or all ●ther Courts of Record .

Every Member ought to come , or ●e may be Fined ; and the Sheriff , if he ●ake not due Return of all Writs may ●e punished .

King Henry the Eighth projected in Parliament , No King or his Kingdom could be safe without Three Abilities ; First , To be able to Live of his own , and to be able to defend his own Kingdom . Secondly , To assist his Confederates , else they would not assist him . Thirdly , To reward his well deserving Servants . Now the Project was , That if the Parliament would give all Priories , Monasteries , &c : That for Ever in time to come , He would take care the same should not be converted to private use , but employ'd to enrich hi● Exchequer , for the purposes aforesaid . To maintain 40000. Soldiers for strengthning the Kingdom , The Subjects should not be burthened with Subsidies , Loans &c. That for 29 Lords of Parliament Abbots and Priors , he would create 〈◊〉 Number of Nobles . Now the Monasteries were given to the King , but 〈◊〉 Provision for the Project made by thes● Acts , only Ad faciendum populum , thes● Possessions were given to the King an● his Successors , to do therewith at his an● their own Wills , to the pleasure of Al● mighty God , and the honour and pro●● of the Realm . Now observe the Cat●strophe in the same Parliament of Hen●● the Eighth : When the Opulent Prior● of St. John's of Jerusalem was given t● the King , he demanded and had a Subsidy both of the Clergy and Laity : And the like he had in the 34th of Henry the Eighth , and in the 37th of Henry the Eighth : And since the Dissolution of Monasteries he Exacted divers Loans , and against Law received the same .

If the King by Writ call any Knight or Esquire , to be a Lord of Parliament , he may not refuse , for the good of his Country .

The Fees of Knights of Parliament is Four shillings per diem , Citizens and Burgesses Two shillings , Coke's 4. Inst. 46.

The Parliament at Coventry , Anno 6 Hen. 4. for that in the Writs it was Directed pursuant to the precedent Ordinance of the House of Lords , That no Lawyer should be Elected ; It was called Indoctum Parliamentum ; and such Prohibition was Null and Void , and the Ordinance afterwards Repeal'd .

The Sheriff of Bucks was Returned Knight for Norfolk , and being afterwards served with a Subpoena , pendente Parliamento , had the priviledge of Parliament allowed him , 1 Caroli Regis primi .

Judges are not to Judge of any Law Custom , or Priviledge of Parliamen● they being more properly to be learne● out of the Rolls of Parliament Record● and by Presidents , and continual experience , than by or from any Man Penn.

Parliament , from Parler la Ment 〈◊〉 called , because every Member ough● sincerly Parler la Ment for the good 〈◊〉 the Common-wealth , is the Highest an● most Honourable Court of Justice 〈◊〉 England ; consisting of the King , th● Lord Spiritual and Temporal , and th● Commons consisting of Knights ; Citize● and Burgesses ; and in Writs and Judical Proceedings , it is called Comm●● Concilium Regni Angliae : It appeareth That divers Parliaments have bee● holden before and since the time of the Conquest , which are in print , and many more appearing in ancient Records an● Manuscripts .

There have been in that time , and since the Conquest till the Lord Coke● time 280 Sessions of Parliament ; and at every Sessions divers Acts made , n●● small number whereof are not in Print Cokes 1 Inst. 110. a.

The Jurisdiction of this Court is s● Transcendent , That it Maketh , In●largeth , Diminisheth , Abrogateth , Repealeth and Reviveth Laws , Statutes , Acts and Ordinances , concerning Matters Ecclesiastical , Capital , Criminal , Common , Civil , Marshal , Maritime , &c. And none can begin , continue or dissolve the Parliament but by the King's Authority , Cokes 1 Inst. 110.

None can be sent out of the Realm , no not into Ireland against his will , albeit by Order of Parliament , Cokes 2 Inst. 47 , 48.

Trial by Peers , of Peers of Parliament , was very ancient and in the time of the Conqueror , both for Men and Women ; and anciently those that were not Lords of Parliament were Judged in case of Treason or Felony , by the Peers of the Realm .

By Authority of Parliament it was declared , That Urban the 12th was duly elected Pope , Cokes 2 Inst. 274.

Few or none of the Acts made in Ed. 1. time have been Repealed , Cokes 2 Inst. 280.

Where Communitatem Angliae , and many such Words are taken for the Parliament ; and as there was a legal word Guidagium , being an Office for guiding Travellers through dangerous passages , so the Laws of the Realm are ●o guide the Judges in all Causes , Cokes 2 Inst. 526.

Cardinal Woolsey endeavouring to bring in the Civil Law , was the occasion that but one Parliament was held from the 7th to 21th year of Hen. 8. Cokes 2 Inst. 626.

George Nobles , a Priest , Attainted by Verdict for Clipping the Kings Coi● was Adjudged and Executed at Tybur● as a common person ; and Merx 〈◊〉 shop of Carlisle , for Treason again●● Hen. 4. had Judgment as in case 〈◊〉 High Treason : But Cor Regis in manu D●mini , he was pardoned , Cokes 2 Inst. 63●

The Parliament at Oxford , 42 Hen. 〈◊〉 was called Insanum Parliamentum 12 Ed. 2. The Parliament of Whiteband 5 Ed. 3. Parliamentum bonum , 10 R. 〈◊〉 Parliamentum quod fecit Mirabilia , 21 R. 〈◊〉 Magnum Parlimentum , 6 H. 4. Parl●●mentum indoctum , 4 Hen. 6. Parliam●●tum Fustium . 14 H. 8. The Black Parl●●ment . 1 E. 6. Parliament' pium , & 1 Ma●● Parliament' propitium , Parliaments of Q. Pia , Justa , & Provida , 21 Jac. 1. Foelix Pa●●●amentum : And the Parliament in the 〈◊〉 year of King Ch. 1. Benedictum Parl●●mentum . The Reasons of most of the Appellations appear upon Record , C●● 3 Inst. 2.

It is Lex & Consuetudo Parliamen●● That wheresoever the Parliament S●● Proclamation should be made , forb●ing wearing of Armour , and all Plays and Games of Men , Women or Children , Cokes 3 Inst. 160.

The Britons loved the Laws of England , and petitioned to have the Laws of England in all cases of the Crown used in Wales : And now seeing there are Sheriffs in Wales , the Writs for Election of Knights , Citizens and Burgesses are directed to them , returnable in Chancery , Cokes 4 Inst. 241.

Every Lord of Parliament ought to have a Writ of Summons , sent to him out of the Chancery at least 40 Days before the Parliament begin ; and the Writ of Summons to the Barons is , Quod intersitis cum Praelatis Magnatibus & Proceribus super dictis Negotijs tractaturi vestrumque Consilium Impensuri ; but the Writ to the Assistants , as all the Judges , Barons of the Exchequer , of the Coif , the Kings Learned Councel , and the Civilians , Masters of the Chancery , are different from the other ; as thus , Quod intersitis Nobiscum , & cum caeteris de Concilio nostro , ( and sometimes Nobiscum only ) super Praemissis tractaturi , vestrumque Consilium Impensuri ; and the Writs of Summons to the Bishops , &c. you may see in Cokes 4 Inst. 4 , 5 , 6 , 9 , 10 , 14 , 47 , 48 , 50.

And at the Return of these Writs , the Parliament cannot begin but by the Royal Presence of the King , either in Person , or by Representation , Cokes 4. Inst. 6.

The Writs of Summons are to be found in the Close Rolls , and the Forms of them you may see in Cokes 4 Inst. 9 , 10. Which Forms , as also the Forms of all other original Writs , are not to be altered but by Act of Parliament ; and where they Issued out of the Chancery , and were Returnable in the Court of Parliament , the Return thereof could not be altered , and Returnable into the Chancery : But by Act of Parliament , 7 H. 4. cap. 15. They be now returned into the Chancery , and kept in the Office of the Clerk of the Crown there ; see the Statute of 4 H. 7. cap. 15. and Cokes 4 Inst. 9 , 10.

Who shall be Electors , and the Sheriffs duty in Electing , you may see in the several Statutes , whereof some are mentioned in Cokes 4 Inst. 48.

If Erroneous Judgment be given in the Kings-Bench , it shall upon petition of Right be brought into Parliament , to be reversed , or affirmed ; and the proceedings thereupon you may read in Cokes 4 Inst. 21.

None of the Judges of Kings-Bench , Common-Pleas or Exchequer are Eligible , because Assistants in the House of Lords , nor any of the Clergy , because of the Convocation ; but those who have Judicial places in other Courts are Eligible , Cokes 4 Inst. 47.

Thorpe could not be Speaker , unless he were Knight of the Shire , Cokes 4. Inst. 47. in the margent .

Tenants in ancient Demesne , not contributary to the expences of Members in Parliament ; nor Chaplains who are Masters in Chancery , to Proctors in Parliament , F. N. B. 507. Cokes 1 Rep. 25 , 160.

A saving in an Act of Parliament , Repugnant to the Body of the Act is void , Cokes 1 Rep. 47. Alton Woods's Case .

He who taketh a Gift by Act of Parliament , shall not have other Estate than is given by the Act , Cokes 1 Rep. 47 , 48. Alton Woods Case .

An Act of Parliament , or the Common Law , may make an Estate void as to one , and good as to another , which a Man by his breath or words cannot do , Cokes 1 Rep. 87. Corbet's Case .

The Statute of 27 Hen. 8. Extirpating and Extinguishing all the Estate of the Feoffees , Non possunt agere seu permittere aliquid in prejudice of Cestuy que use , Cokes 1 Rep. 132. Chudley's Case .

An Act of Parliament , may make Division of Estates , and therefore not like to Cases at Common Law , Cokes 1 Rep. 137. Chudleigh's Case ,

An Act of Parliament , is the Highest Conveyance , and a latter doth take away a former Act , Cokes 2 Rep. 46.

Parliamentum , Testamentum , Arbitramentum , to be construed according to the intent of the makers , Cokes 3 Rep. 27. Butler and Baker's Case .

Of Statutes which concern the King , the Judges ought to take notice , Cokes 4 Rep. 13. Lord Cromwell's Case . The like of general Acts , Cokes 4 Rep. 76. Holland's Case .

The of Stat 13 & 18 Eliz. concerning Leases by Deans and Chapters are general Statutes , whereof the Court ought to take notice , although they be not found by the Jurors , Cokes 4 Rep. 120. Davenport's Case .

Mistaking the word Districtionem for Destructionem , altering the sense of the Statute of Gloucester , although but by one letter , adjudged it was matter of substance , and the Writ could not be amended , Cokes 5 Rep. 45. Freeman's Case .

The Acts of 7 Hen. 7. and 3 Hen. 8. are perpetual Acts , for the word King doth include all his Successors , Cokes 6 Rep. 27. Case of Soldiers .

Althô the Statutes speak only of the Party , yet Executors and Administrators shall take advantage of it , Cokes 6 Rep. 80. Sir Edw. Phitton's Case .

Resolved in Englefield's Case , That by tender of the Ring according to the Condition , the Uses were void , and the Estate vested in the Queen by force of the Attainder , and of the Act , 33 H. 8. Cokes 7 Rep. 15.

In the case of the Prince , the King's Charter having the Force of Parliament , is sufficient in it self without any other Act ; for it is affirmed by Parliament , by Stat. 9 H. 5. That it was agreed at the Parliament , 11 Ed. 3. That the eldest Sons of the Kings of England were Dukes of Cornwal , and that Dutchy should remain to them , without being given else where , Cokes 8 Rep. Case of the Prince , from 25 to 29.

In many cases the Common Law doth comptrol Acts of Parliament , and sometimes shall adjudge them void . For when an Act of Parliament is against common Right and Reason , or repugnant and impossible to be performed , the Common Law shall adjudge it void , Cokes 8 Rep. 118. Dr. Bonham's Case , and 128 , 129 , Case of the City of London .

When an Act of Parliament maketh any Coveyance good against the King or other Person certain , it shall not take away the Right of any other , althô there be not any saving in the Act , Cokes 8 Rep. Sir Francis Barington's Case 138.

In case of Sentence of Deprivation of one , and Presentment , Institution and Induction of another after , by relation of a General Pardon , all are restored without Appeal or new Presentation , Admission or Institution , Cokes 9 Rep. Lord Sanchar's Case .

In an Act of Parliament misnaming of a Corporation , when the express meaning appeareth , shall not avoid the Act , no more than in a Will , Cokes 10 Rep 54 to 57. Case of the Chancellor of Oxford .

If an Act of Parliament were intended to Repeal a former Act , it could not be by general and doubtful words , Cokes 10 Rep 138. the Case of Chester Mills .

It cannot be intended that a Statute made by Authority of the whole Realm , should do any thing against Truth , Cokes 11 Rep. 14. Priddle and Napper's Case .

The Title of the Act is no part of the Act , as the preamble is ; and Penal Statutes shall be taken by intendment to remedy mischiefs , and suppress Crimes , Cokes 11 Rep. 34. Powlter's Case .

Penal Statutes are to be followed ( chiefly in Informations ) strictly and in terminis , according to the purview of the Act , Cokes 11 Rep. 56. Dr. Forster's Case .

Where the Rule is , Leges Posteriores priores contrarias abrogant , countrarium est duplex , Vide Cokes 11 Rep. 63. Dr. Foster's Case .

Statut' Praerogativa Regis saith , The King shall have Annum Diem & Vastum , which is as much as to say ; he shall have the Trees , &c. to his own disposition , Cokes 11 Rep. 83. Levis Bowles's Case .

By Stat. 4. Ed. 3.14 . A Parliament shall be holden once a year , and oftner if need be .

By Stat. 36 Ed. 3.10 . A Parliament shall be holden every year .

By Stat. 5 R. 2. Stat. 2.4 . Every Person and Comminalty having Summons of Parliament shall come thither , in pain to be amerced , or otherwise punished ; and if the Sheriff doth not Summon them , he shall be likewise amerced , or otherwise punished , as hath been used in times past .

What persons are to be Elected , Knights , Citizens and Burgesses , to serve in Parliament ; the manner of their Election and Levying of their Expences , and the divers Acts of Parliament for regulating their Elections ; you may see in the Statutes at large .

By Stat. 6 Hen. 8.16 . No Knight , Citizen , Burgess or Baron of any of the Cinque-Ports , shall depart from the Parliament without License of the Speaker , and Commons in Parliament assembled , to be entred upon Record , in the Clerk of the Parliaments Book , on pain to lose their Wages .

By Stat. 33. H. 8.21 . The Kings Royal Assent by his Letters Patents under the Great Seal , and Signed by his Hand , and notified in his absence to the Lords and Commons assembled in the upper House , is , and ever was of as good strength and force , as if the King were personally present , and had publickly assented thereunto .

By Stat. 12 Car. 2. cap. 1. It 's declared , That the Parliament begun the 3d of November 16. Car. 1. is dissolved , and that the Lords and Commons now sitting are the two Houses of Parliament , notwithstanding any want of the Kings Writs of Summons , or any other defect .

Stat. 16 Car. 2 cap. 1. The sitting and holding of Parliament shall not be intermitted above three years ; and now a new Parliament is to be called every Three years , Stat. 6 W. & M.

Stat. 30 Car. 2. cap. 1. No Peer shall Vote , make Proxy , or Sit during any Debate in the House of Peers , nor any Member of the House of Commons Vote , or Sit there after their Speaker Chosen , till they first take the Oaths of Allegiance and Supremacy , and Subscribe , and Repeat the Declaration in the Act mentioned , between the hours of nine in the Morning , and four in the afternoon , at the Tables in the middle of the said Houses , in a full House , in such order as each House is called over ; for which Declaration and other Matters see the Statute at large : But now those Oaths by late Acts are altered , and others appointed in their stead .

Tbe Executive Power in Temporal Affairs .

A Brief account having been given of the Parliament , in which is comprehended the Legislative power , in Temporal Affairs : We are next to consider the Executive power in the same , and that is generally in the King , he being the Fountain of Justice , and Lord Chief Justice of Engla●d ; and because he is Caput , Principium , & Finis Parliamenti , by which the Laws are made , and nothing can have the force of Law , without his consent given in Parliament , by Le Roy le veut , therefore All the Laws of England are called the Kings Laws ; All the Courts of Judicature are called the Kings Courts ; And all the Judges of these Courts are called the Kings Judges .

And the High Court of Parliament , being the Highest Court of Judicature , all other Courts and Person in England are subject to it .

The Court of the High Steward of England .

HIs Stile is Seneschallus Angliae , which word Seneschallus hath several Derivations ; yet as being applied to England ; it is properly derived from Sen , that is , Justice and Schale , that is , Governour or Officer ; that is , Praefectus seu Officiarius Justitiae . And this agreeth well with his Authority and Duty , to proceed Secundum Leges & Consuetudines Angliae .

This Office is very ancient , and was before the Conquest ; For in an ancient and Authentical Manuscript , Intituled , Authoritas Seneschalli Angliae , where putting an Example of his Authority ; saith , Sicut accidit Godwino Comiti Kanciae tempore Regis Edw ' antecessoris Willielmi Ducis Normandiae pro hujusmodi male gestis & consilijs suis ( per Seneschallum Angliae ) adjudicatus & forisfecit Commitivam suam .

In the time of the Conqueror , William Fitz Eustace was Steward of England ; and in the Reign of William Rufus and Hen. 1. Hugh Grantsemenel Baron of Hinkley , held that Barony by the said Office .

Of ancient time this Office was of Inheritance , and appertained to the Earldom of Leicester , as it also appeareth by the said Record : Seneschalcis Angliae pertinet ad Comitivam de Leicester , & pertinuit ab antiquo ; That is , that the Earldom of Leicester was holden by doing of the Office of Steward of England . Other Records testified , tha● it should belong to the Barony of Hinkley . The truth is , That Hinkley was parcel of the Possessions of the Ear● of Leicester ; for Robert Bellomont Ear● of Leicester , in the Reign of Hen. 2 Married with Petronilla , Daughter and Heir of the said Hugh Grantsemenel Baron of Hinkley , and Lord Steward o● England , and in her right was Steward of England : And so it continued , until by the Forfeiture of Simon Montford , it came to King Hen. 3. who i● the 50th year of his Reign , created Edmond his Second Son Earl of Leicester , Baron of Hinkley , and High Steward of England , which continued is his Line , until Henry of Bullinbrook , So● and Heir of John of Gaunt , Duke o● Lancaster and Earl of Leicester ; who was the last that had any Estate of Inheritance in the Office of the Steward of England ; since which time it wa● never granted to any Subject , bu● but only hac vice ; and the reason was , for that the Power of the Steward of England was so transcendent , that it was not holden fit to be in any Subjects hands : For the said Record saith , Es Sciendum est quod ejus Officium est supervidere , & regulare sub Rege , & immediatè post Regem totum regnum Angliae , & omnes Ministros legum infra idem Regnum temporibus pacis & guerrarum , &c. and proceedeth particularly with divers exceeding High Powers and Authorities , which may well be omitted , because they serve for no present use .

And albeit their Power and Authority have been since the Reign of Henry the Fourth , but hac vice , yet is that hac vice limited and appointed : As when a Lord of Parliament is Indicted of Treason or Felony , then the Grant of this Office , under the Great Seal , is to a Lord of Parliament , reciting the Indictment ; Nos considerantes quod Justitia est virtus excellens & Altissimo complacens , aeque prae omnibus uti volentes ; ac pro eo quod Officium Seneschalli Angliae , cujus praesentia pro administratione justitiae & executione ejusdem in hac parte facien requiritur , ut accepimus jam vacat : De fidelitate , strenuitate , provida circumspectione , & indu●tria vestris plurimum c●nfidente● ord●n●vimus & constituimus vos ex hac causa & causis Seneschallum nostrum Angliae ad Officium illus cum monibus eidem Officio in hac parte debitis & pertinentibus hac vice gerend' , accipiend' & exercend' dantes & concedentes vobis tenore praesentium plenam & sufficientem potestatem & authoritatem , ac mandatum speciale indictamentum praedict' , &c. So that it appeareth that this great Officer is wholly restrained to proceed only upon the recited Indictment . And he to whom this Offic is granted , must be a Lord of Parliament , and his proceeding is to be Secundum Leges & Consuetudines Angliae ; for so is his Commission : And hereof you may read more at large in Coke's 3 Inst. Chap. High Treason . Also at every Coronation he hath a Commission under the Great Seal hac vice , to hear and determine the Claims for Grand Serjeanties and other Honourable Services , to be done at the Coronation for the solemnization thereof : For which purpose the High Steward doth hold his Court some convenient time before the Coronation . See a President hereof before the Coronation of King Richard the Second , John Duke of Lancaster , then Steward of England ( who in Claims before him was styled , Tres Honourable Seignior Roy de Castile & Leon , & Seneschalle d' Engleterre , ) and held his Court in Alba Aula apud Westm. die Jovis proximè ante Coronationem ; Quae quidem coronatio habita & solemnizata fuit die Jovis sequente , viz. 16 Julij Anno 1 Ric. 2.

The first that was Created Hac vice , for the Solemnization of the Coronation of Henry the Fourth , was Thomas , his second Son ; and upon the Arraignment of John Holland Earl of Huntingdon , the first that was Created Steward of England Hac vice , was Edward Earl of Devon .

When he sitteth by force of his Office , he sitteth under a Cloth of State , and such as direct their Speech unto him , say , May it please your Grace , my Lord High Steward of England . The style of John of Gaunt was , Johannes filius Regis Angliae , Rex Legionis & Castellae , Dux Aquitaniae & Lancastriae , Comes Derbiae , Linconliae & Leicestriae , Seneschallus Angliae . And in respect his Power , before it was limited , was so Transcendent , no mention is made of this Great Officer in any of our ancient Authors , the Mirror , Bracton , Britton or Fleta . It seemeth they liked not to treat of his Authority ; neither is he found in any Act of Parliament , nor in any Book Case before the 1st of Henry the Fourth , and very few since : which hath caused me to be the longer ( saith the Lord Coke ) in another place , to set forth his Authority and due proceeding upon the Arraignment of a Peer of the Parliament , by Judicial Record and Resolution of the Judges , agreeable with constant Experience .

As the Peers of the Realm that be Tryors or Peers are not sworn , so the Lord Steward being Judge , &c. is not sworn ; yet ought he according to his Letters Patents to proceed Secundum legem & consuetudinem Angliae , Co. 4. Inst. cap. 4.

In Enditemene de Treason ou Felony ver● un des Pieres del Realm , le Tryal est per s●s Pieres , quel maner de tryal in Appel , nes● grauntable ; per que depuis que cel Trial per ses Pieres , est le proper Trial que appertient al piere del Realm , quant sur Enditement de Treason ou Felony il ad plead d●rien culpable , Veions l'order & proces d●cest Tryal . Appiert An. 1. H. 4. fol. 1. & An 13 H. 8. fol. 11. que quant un Seigniour del Parlement serra arraigne de Treason 〈◊〉 Felony dount il est endite : Le Roy pers●● Letters patents ferra un graunde & sag● Seigniour d'estre de grand Senescha●● d' Engleterre pour le jour de l'arraignment , qui devant le dit jour , ferra precept a son Serjaunt d'Arms qui est appoint d●luy servire durant le temps de son Commission , a faire venir devaunt luy 20 ou 18 Seigniours del Parlement a mesme la jour , Et puis al jour , quant le Seneschalle serra south le drape d'estate sur l'arraignment del prisoner , & ad fait lye son Commission , le dit Serjaunt retourna le dit precept , & les Seigniours serront de ceo demaund' & quant ils ount apparus , & serrount en lour places , le Constable del Tower serra demaund a amesner al Court son prisoner , quel serra conduct per luy al barre . Et donques le dit graund Seneschal monstra a le prisoner la cause pour quel le Roy avoit assemble la les Seigniours & luy , & commaundra luy de responder sauns ascun pavour , & sur ceo causera le Clerk del Coron a lier l'Enditement a luy , & de luy demander sil soit culpable ou nemy , a quel apres que il ad resp' de rien culpable , Le dit Clerk demand' ouster de luy coment il voile este try : A quel il peut dire per Dieu & ses Pieres . Et maintenant sur coe , Les Serjeants & Attorney le Roy , deneront Evidence vers luy : A quel quant le prisoner respondue ; Le dit Constable serra commaund de retirer le dit prisoner del barre a ascun lieu pour le temps que les dits Seigniors secretment parleront en le dit Court ensemble . Et sur ceo les Seigniors se levent suis de lour places , & consultant ensemble , & ceo que ils facent ils facent sur lour honours , sans ascun se●rement d'estre minister a eux . Et quant eux touts ou les greinder part de eux sont agrees , Ils returneront a lour places , & seeront . Et donque le grand Seneschal demaundera del plus puisne Seignior aperluy , sil qui est arraign , soit culpable , ou nemy , & issint del cestuy que est prochein al puisne , & issint del remenant seriatim tanque il est peruse touts , & chescun des Seigniors , respondra aperluy . Et donques le dit , Seneschal remaundra pur le dit prisoner , qui serra reamesnus al barr , a qui le dit Seneschal rehersera le Verdit & donera Judgment accordant . Et cest matter de Tryal , est done come semble per le Statute de Magna Charta cap. 29. qui est in cest manner :

Nullus Liber homo capiatur vel imprisonetur , aut disseisietur , de libero tenemento suo , vel libertatibus , vel liberis consuetudinibus suis , aut utlagetur , aut exuletur , aut aliquo modo destruatur , nec super eum ibimus , nec super eum mittemus , nisi per legale judicium parium suorum vel per legem terrae ; Nulli vendemus , nulli negabimus , aut differemus justitiam vel rectum .

Stat. 20 Hen. 6.9 . Tryal of Dutchesses , Countesses and Baronesses , for Treason or Felony , shall be as Noblemen , Peers of the Realm , and not otherwise , notwithstanding the Statute of Magna Charta , cap. 29. which mentioneth Men only to be Tryed by their Peers .

Mes nul de ceux Statutes , ad este mise in ure d'extender a un Evesque ou Abbe , coment que ils injoyent le nosme del Seignior de Parlement , car ils nont cel nosme d'Evesque ou Abbe ratione Nobilitatis , sed ratione Officij , ne ont lieu en Parlement in respect de lour Nobility , eins in respect de lour possession , scil. L'auncient , Baronies annexes a lour Dignities . Et accordant a ceo , il y ad divers Presidents d'ont l'un fuist in temps le Roy Henry le 8. Et vide P. 10 E. 4. f. 6. Que un des Piers endite de Treason ou Felony : Peut si pleist al Roy estre arraign de ceo en le Parlement , & donque les Seigniors Espirituels ferront un Procurator pur eux . Eo que per le Canonical Leys , ils mesmes ne doient condemner ascun a mort , Stamford 's Pleas of the Crown , fol. 152.

The High Court of Chancery ,

CAlled Curia Cancellariae , because a● some think the Judge of the Cou●sate antiently Infra Cancellos , at th● East end of our Churches , being separated per Cancellos from the Body of the Church , as peculiarly belonging to the Priest , were then●● called Chancels . But others derive it ●●ther from the Power of the Lord Chancellor ; who is called Cancellarius à Cancellando , The highest point of his Power being to Cancel the Kings Letter Patents , and damning the Inrollme●● thereof , by drawing strokes through 〈◊〉 like a Lattice , in several cases ; as whe●● the King grants any thing upon fa●●● Suggestion , or what by Law he cannot grant .

And in the Chancery are two Court● one of Ordinary Jurisdiction , Cora●● Domino Rege in Cancellaria ; And th●● other of Extraordinary Jurisdiction .

The Court of Ordinary Jurisdictio●● proceeds according to the Right Li●● of the Laws and Statutes of the Real●● Secundum Legem & Consuetudinem Angliae ; and hath power to hold Plea 〈◊〉 Scire facias for Repeal of the King 〈◊〉 Letters Patents , of Petitions , Monstra●● de droits , Traverses of Offices , Partitions in Chancery , of Scire facias upon Recognizance in this Court , Writs of Audita Querela , to avoid Executions in this Court , Dowment in Chancery by the Writ De Dote assignanda , upon Offices found , Executions upon the Statute Staple , or Recognizance in nature of a Statute Staple , by the Act of 23 H. 8. But Execution upon Statute Merchant is retornable into the Kings Bench , or Common Pleas ; all personal Actions , by or or against an Officer or Minister of this Court , in respect of their Service , or Attendance there : But these , if the Parties descend to Issue , this Court cannot try by Jury , but the Lord Chancellor , or Lord Keeper delivereth the Record by his proper Hands into the Kings Bench to be tried there ; because for that purpose both Courts are accompted but one , and after Tryal had , to be remanded into Chancery , and there Judgment to be given ; but if there be a Demurrer in Law , it shall be argued and adjudged in this Court .

This Court is Officina Justitiae , out of which all Original Writs , and Commissions under the great Seal do Issue , which great Seal is Clavis Regni , and for these ends this Court is ever open . And for that , if any be wrongfully Imprisoned in the Vacation , the Lord Chancellor may grant an Habeas Corpus to do him Justice , which only other Courts can do in Term time ; and also , may grant Prohibitions in Term time or Vacation , which are not returnable ; but if not obeyed , then may this Court grant an Attachment upon Prohibition returnable either in the Kings Bench or Common Pleas.

The Author of Novae Narrationes written about the time of E. 3. saith , Curia Cancellariae Regiae est Curia Ordinaria pro Brevibus Originalibus emanandu , Sed non Placit is Communibus tenendis . The Proceedings of this Court remain in Filacijs in the Office of the Petty Bagg .

Divers Acts of Parliament give Authority to the Lord Chancellor to determine divers Offences and Causes in the Court of Chancery , which is ever intended in this Court , proceeding in Latin , secundum Legem & Consu●tudinem Angliae ; and the Defendant shall not be Sworn to his Answer , nor Examined upon Interrogatories ; but upon Issue joyned it shall be tried in the Kings Bench , ut in similibus Casibus solet . And thus having spoken somewhat of the Ordinary Jurisdiction of this Court , we now come to treat of

The Court of Extraordinary Jurisdiction ,

PRoceeding according to the Rule of Equity , Secundum Aequum , & Bonum . But before we set forth the Jurisdiction and manner of proceeding therein , it may not be thought improper to set forth and describe what this Equity is , and that it may the better be understood , let us consider what leadeth thereunto , which is first ,

Synderesis ; That is , a Natural power of the Soul , fixed in the higher part thereof , moving to good , and abhorring evil ; and the Divine Wisdom joyneth the beginning of Secondary things ; to the latter end of the first things , as an Angel is Intellectual by Nature , and not made rational by Discourse ; and to this nature Man by Synderesis approacheth , and is joyned . Secondly ,

Reason ; For when Man was Created he received from God a double Eye , the exteriour of the Flesh , whereby he might see the visible things ; and the Interiour of Reason , whereby he might know the invisible ; to the end that , by that of the Flesh , he might behold , know and avoid his visible Enemies , and by that of Reason , be enabled to overcome his Spiritual Enemies , who war against his Soul . And moreover ▪ Reason according to the Learned is that power of the Rational Soul which discerneth between good and evil , the better by compa●●ng the one with the other , which also chooseth virtue and loveth God : And Reason is divided into two parts , the Superiour and the Inferiour ; for the superiour part of Reason tendeth only to Divine Eternal things , and endeavoureth and reasoneth , that this is to be done , or not to be done , because God hath commanded or prohibited it . The inferiour part of Reason is declined , or bent to the Government of temporal things ; and endeavoureth or reasoneth to prove by Humane Laws that this is to be done , o● not to be done , or that it is honest o● dishonest , or that it is expedient , o● not expedient for the Common-wealth And in the next place we come to consider and speak of

Conscience , Which is a word compounded of Cum & Scientia , and is as much as to say Knowledge of one thing with another ; and is thus said to consi●● in two things , Knowledg by himself ▪ and Knowledge with another : In the first , Conscience importeth a certain natural Act , not of knowing only , but moving also , and also inclineth the Soul to prosecute good and to avoid evil ; and in this manner it is accompted the same as above in Reason , and is also conjoyned to the superiour light of Reason , which is called Synderesis . Therefore St. Jerom and others , call Conscience it self Synderesis , and then Conscience it self is always right . In the second place , Conscience importeth more properly Knowledg with another thing , still with some particular Act ; and thus Conscience properly speaking , is no other thing than the applying of a certain Knowledg to some particular Act , from whence it may be deduced , that from the most perfect knowledg of some Law or Science , and the right application of that knowledg to some particular Act , followeth the most pure , perfect and best Conscience ; and if there be a defect in knowledg of the truth of that Law , or in the application of the same to some Act , there followeth thereof an Error , or defect of Conscience . And as Synderesis delivereth a universal Maxim or Principle , in which it cannot Err , scilicet ; That an unlawful thing is not to be done ; now it may be assumed that an Oath is unlawful , it being said Math. 5. Ego autem di●●vobis non jurare omnino ; But if any wi●● hold from these words , that an Oath is lawful in no case , he erreth in Conscience , because he hath not full knowledg of the truth of the said Gospel nor doth confer that place of Scripture with others , in which an Oath is allowed to be lawful : And the reason why Conscience may Err in the aforesaid Assumption and the like , is , because Conscience is formed from the Assumption of some particular Proposition or Question , under universa● Rules of things to be done ; and as the light of a Candle is put in a House , that they may see what things are i● the House ; so God hath placed Conscience in the middle of the Rational Soul , as a Light whereby it may discern what is to be done , or not to be done ; and now let us proceed to describe

Equity , Which is Justice , weighing all circumstances tempered with the sweetness of Mercy , which ought to be kept in every Law , and this he well understood who said , Ipsae eteni● Leges cupiunt , ut Jure regantur ; and the Wiseman saith , Noli esse justus multu●● ▪ otherwise Summa justitia , summa inj●stitia fit .

But that we may more clearly declare what Equity is , It is to be known , that because it is impossible to institute any General Rule of Law , which will in no case be defective , therefore Legislators attend to that which happeneth in many things , and not to particular cases , nor indeed can they , since to observe the Sentence of Law in some Cases , is both against the Equality of Justice and Common Good ; so that in some Cases it is good , yea absolutely necessary ( praetermitting the words of the Law ) to follow that which reason of Justice requireth . And to this end Equity is ordained , which is also called Epicaya , scilicet , to moderate the Rigour of the Law , and it taketh not away the very Right , but that which seemeth to be Right , by general determination of Law . And cases may happen in which the Law of God , and the Law of Reason , would be violated by the observance of them ; as in the Law of England there is a general Prohibition , that it shall not be lawful for any Man to enter into the Ground of another without Authority of the Owner , or of the Law ; yet it is excepted , That if Beasts by the High-way escape into another Man's Corn , he that driveth them may justifie the Entry to fetch them out ; and many other such like . And thus it appears , That Equity rather attends the intention than the words of Law .

And thus having briefly set forth what Equity is , we are next to know that this Court of Extraordinary Jurisdiction grounded thereupon , relieveth none but such who are without remedy in other Courts ; For nunquam decurriter ad extraordinarium , sed ubi defecit Ordinarium .

This Court is Superiour to the other Tribunals , that so the rigour of the Law in them might be here moderated , and amended according to Conscience and Equity ; and proceeding by English Bill , the Witnesses are examined in private ; the Decrees in English or Latin ; no Jury , but all Sentences given by the Judge of the Court , much like to the Courts of the Civil Law ; ●●binds the person only , and not his Lands or Goods .

But referring the full proceeding an● practise therein , to those Books a●● Authors who treat thereof at large We shall next give a ●rief accompt of .

The Officers .

THe Lord Chancellor , or Lord Keeper of the Great Seal , is created Per traditionem Magni Sigilli sibi , per Dominum Regem ; And by taking his Oath consisting of six Articles , the substance whereof is : That he shall well and truly serve the King and his People in the Office of Chancellor or Lord Keeper , Shall do Right to all People according to the Usages and Laws of the Realm , Shall truly Counsel the King , and preserve and advance the Rights of the Crown ; And he is sole Judge in both of the before mentioned Courts in Chancery , being Summum ambientis animi quasi solstitium , and is Magistratuum omnium Antistes .

And to the Lord Chancellor are twelve Assistants , called Masters ( anciently Clerici Cancellariae ) of whom the chief is ,

The Master of the Rolls , who hath a Place of great Dignity , and is in the Gift of the King ; either for Life , or during the Kings Pleasure , and hath Jure Officij the gift of those considerable Offices of the Six Clerks in Chancery , hath the keeping of the Rolls , and the House of the Converted Jews , and in the absence of the Chancellor , hears Causes , makes Orders by virtue of a Commission with two Masters , and that Jure Officij . And the

Masters of Chancery , who are commonly Doctors of the Civil Law , are Assistants to the Court and sit there by turns to shew what is the Equity of the Civil Law , and course of the Court , and what is Conscience : And these Masters ought to be expert in the Common Law , to see the framing of original Writs according to Law ; which are not of course , whereupon such are called in ancient Authors Brevia Magistralia . And next to these is ,

The Clerk of the Crown , who by himself or his Deputy continually attends the Lord Chancellor for special matters of State , and hath a place in the higher House of Parliament ; he makes all Writs for Elections of Members of Parliament , Sitting in Parliament upon Warrant directed to him upon the Death , or removal of any Member , and all Commissions of Oyer and Terminer , Gaol Delivery , and many other Commissions for distribution of Justice . And next is ,

The Prothonotary of the Court , whose Office is chiefly by himself , or Deputy to Expedite Commissions for Embassies . And then

The Clerk of the Hamper or Hanaper , sometime stiled Warden of the Hamper , whose Office is to receive all Money due to the King , For the Seals of Charters , Patents , Commissions and Writs , and to attend the Keeper of the Seal daily in Term time , and at times of Sealing , with Leather Bags now ( but anciently probably with Hampers , ) wherein are put all Sealed Charters , Patents , &c. And then delivers those Bags to the Comptroller of the Hamper .

The Warden of the Fleet is to take off the Prisoners sent from this Court for Contempt to the King or his Laws , or that will not pay their Debts , &c. who commonly Executes it by a Deputy .

The Serjeant at Arms , whose Office is to bear a great Guilt Mace before the Lord Chancellor , or Keeper for the time being .

The Six Clerks , whose Office is to Inrol Commissions , Pardons , Patents , Warrants , &c. that are passed the Great Seal ; they were ancienly Clerici , and afterwards forfeited their Places if they did Marry . These are the Attorneys as well for Plaintiff , as Defendant in every Suit in Court .

Two Examiners , Their Office is to Examine Witnesses upon Oath , and put their Depositions and Answers to their Interrogatories in Writing .

Three Clerks of the Petty Bag , Their Office is to make all Patents for Customs , Comptrollers , Conge d'eslire . First , Summons of Nobility , Clergy , Knights , Citizens , and Burgesses to Parliament .

The Subpoena Office executed by a Deputy , is to Issue out Writs to Summon Persons to appear in Chancery .

The Clerk of the Patents , or Letters Patents under the great Seal of England , and may be executed a Deputy .

The Register of the Court , hath under him Deputies , Two Registers for the Court , Two Registers for the Rolls , Entring Clerks , and one Clerk of the Reports , or keeper of the old Book .

The Affidavit Office granted by Letters Patents , where all Affidavits are Filed , and may be executed by a Deputy .

The Cursitors are Twenty and four , who are appointed to several Shires , and are to make out original Writs that belong to this Court , or Common Pleas , and these are a Corporation within themselves , and many of them Execute their Places by Duputies .

By Stat. 15 H. 6.4 . none shall sue forth a Subpaena , untill he find surety to satisfie the Defendant his Damages and Cost , in case he do not verisie his Bill .

Three things are to be Judged in Conscience , by the ancient Rule ( viz. ) Covin , Accident and breach of Confidence .

This Chancery is ever open , and never is or can be Adjourned , Cokes 2 Inst. 53.

In se Defendendo lies no Appeal ; And when it is found so , the King must pardon it of course ; That is , in the Court of Chancery , The Pleas whereof be Coram Domino Rege in Cancellaria . And there the Lord Chancellor upon the Record certified to him in the Chancery , by a Writ of Certiorari , shall of course , by force of the Statute of Gloucester cap. 9. Grant him his Pardon , without speaking thereof to the King , Cokes 2 Inst. 316.

The ordinary power of the Chancery is very ancient ; but no Court of Equity there until Hen. 4. time : But since , The Chancellors attend upon the King to decide matters in Equity , as the other Judges did , to decide Matters in Law .

The Chancellors in Edward the Thirds time , would come and sit in the Common Pleas , and speak there to Matters in Law , Co. 2. Inst. 552 , 553.

The Office of Keeper , same power with Chancellor , by the Statute of 5 Eliz. cap. 13.

King Alfred , Anno Domini 872. gave a Pardon to Wolstan , which was enrolled in the Court of Chancery , which Record Wolstan Vouched , Coke's 2 Inst. 554.

The Chancery cannot bind the Interest in Lands , but the Person only , 1 Co. Rep. 139.

Therefore if Copyholder after Severance alien , there is no Means against him , but by Decree in Chancery , and that cannot bind the Land , 4 Co. Rep. 25. Copyhold Cases .

The Court of Star Chamber . Coram Rege in Consilio suo .

HEld in a Chamber at one End of Westminster-Hall , having the Sign of a Star over one Door thereof , Anciently called Camera Stellata , The Chamber of the Stars , Star-Chamber , and the Starred Chamber , in respect of the Roof of the Court , garnished with Golden Stars . Some have imagined , that it should be called the Starred Chamber , because Crimina Stellionat ' was there handled : Others of the Saxon word Steeran , to Steer or Rule as doth the Pilot ; because this Court did steer and govern the Commonwealth : Others , because it is full of Windows : But the true cause of the Name was , because the Roof was starred .

This Court sate twice a Week in Term-time , viz. on Wednesdays and Fridays , except either of those Days fell out to be the first or last Day of the Term , then it sate not , but was constantly held the next Day after Term ended : But if any Cause was begun to be heard in Term-time , and for length or difficulty could not be sentenced within the Term , it was continued and sentenced after the Term.

Divers Acts of Parliament gave Jurisdiction to this Court , for to punish horrible and enormous Crimes , and other exorbitant Offences in Great Men ; but ordinary Offences , and such as may be sufficiently punished by the proceedings of the Common Law , this Court left to the ordinary Courts of Justice .

The proceeding in this Court wasby Bill or Information , by Examination of the Defendant upon Interrogatories , and by Examination of Witnesses , and rarely Ore tenus , upon the Confession of the party in Writing under his Hand ; which he again must confess freely in open Court , upon which Confession the Court did proceed : But if the Confession was set down too short , or otherwise than he meant , he might deny it , and then they could not proceed against him , but by Bill or Information , which was the fairest way .

The Informations , Bills , Answers , Replications , &c. and Interrogatories were ( in English ) Engrossed in Parchment and Filed up . All the Writs and Process of the Court were under the Great-Seal . The Sentences , Decrees and Acts of this Court were Ingrossed in a fair Book , with the Names of the Lords and others of the King's Council and Justices that were present , and gave their Voices .

In the 28th year of the Reign of Edward the Third it appeareth , that the Retorns , Coram nobis , are in three manners : 1 Coram nobis in Camera , ( which was afterwards called Camera stellata . ) 2. Coram nobis ubicunque fucrimus in Anglia , which is the Kings-Bench : And 3. Coram nobis in Cancellaria .

By the Statute of 3 Hen. 7. the Letter whereof followeth : It was Ordained , That the Chancellor and Treasurer of England , and the Keeper of the King 's Privy Seal ; or two of them , calling to them a Bishop , and a Temporal Lord of the Kings most Honourable Privy Council , and the two Chief Justices of the Kings-Bench and Common-Pleas for the time being , or other two Justices in their absence , upon Bill or Information put to the said Lord Chancellor , or any other against any person , for unlawful Maintenance , giving of Liveries , Signs and Tokens , and Retainers by Indentures , Promises , Oaths , Writings or otherwise , Imbraceries of his Subjects , Untrue demeaning of Sheriffs in making of Pannels , and other untrue Returns , by taking of Money , by Injuries , by great Riots and unlawful Assemblies , have Authority to call before them by Writ or Privy Seal , the said Misdoers ; and they and others by their Discretion , by whom the Truth may be known to Examine , and such as they find therein Defective , to punish them after their Demerits , after the Form and Effect of Statutes thereof , made , in like manner and form , as they should and ought to be punished , if they were thereof Convict after the due Order of Law .

Camerae Stellatae authoritatem prudentissimus Princeps Henricus Septimus , ita Parliamentaria adauxit & Constabilivit nonnulli primum instituisse falso opinantur .

But the Act of 3. Hen. 7. did not raise a New Court ; for there was a Court of Star Chamber before , and all the Kings Privy Council Judges of the same .

But By the Statute of 16 & 17. Car. 1. cap. 10. this Court is absolutely Dissolved .

The Court for Redress of Delays of Judgments in the Kings great Courts .

THis Court is raised by the Statute of 14. E. 3. which followeth in these words :

Item , Because divers Mischiefs have hapned of late , that in divers places as well in the Chancery as in the Kings-Bench , the Common-Bench , and in the Exchequer , before the Justices assigned , and other Justices to hear and determine matters , the Judgments have been delayed sometimes by Difficulty , sometimes by divers Opinions of the Judges , and sometimes for some other Cause . It is assented , established and accorded , That from henceforth at every Parliament shall be chosen a Prelate , two Earls , and two Barons , which shall have Commission and Power of the King to hear by Petition delivered unto them , the Complaints of those that will complain to them of such Delays and Grievances made , and they shall have power to come before them at Westminster , or elswhere , where the places or any of them shall be ; the Tenour of Records and Processes of such Judgments so delayed . and to cause the same Justices to come before them , which shall be then present , to hear their cause and reasons of such delays ; which Cause and Reasons so heard by Good Advice of themselves , the Chancellor , Treasurer , the Justices of the one Bench and of the other , and other of the King's Counsel , as many and such as shall seem convenient , shall proceed to take a good Accord , and make a good Judgment ; and according to the same Accord so taken , the Tenor of the same Accord , together with the Judgment which shall be Accorded , shall be remanded before the Justices before whom the Plea did depend , and that they shall give Judgment according to the same accord : and in case it seems to them that the Difficulty be great , that it may not well be determined without Assent of the Parliament , that the said Tenor or Tenors shall be brought by the said Prelate , Earls and Barons in the next Parliament , and there shall be a final Accord taken what Judgment ought to be given in this case ; and according to this Accord it shall be commanded to the Judges before whom the Plea did depend , that they shall proceed to give Judgment without delay .

Before the making of this Statute delay of Judgments was forbidden , both by the Common Law and by Acts of Parliament . By the Common Law 1. It is required , That Plena , & celeris , Justitia fiat partibus , &c. not plena alone , nor celeris alone , but both plena & celeris . All Writs of Praecipe quod reddat are , Quod juste sine dilatione reddat , &c. All Judicial Writs are Sine dilatione , &c. 2. There did and yet doth lye a Writ De procedendo ad judicium , when the Justices or Judges of any Court of Record , or not of Record delayed the party Plaintiff , or Defendant , Demandant , or Tenant , and would not give Judgment , and thereupon an Alias , Plur , and an Attachment , &c. doth lye : And the Words of the Writ be , Quia redditis Judicij loquelae quae est coram vobis , &c. de quadam transgressione eidem A. perpraefat . B. illata , ut dicitur , diuturnam cepit dilationem ad grave dampnum ipsius A. Sicut ex querela sua accepimus : Vobis praecipimus , quod ad judicium inde reddend cum ea celeritate quae secundum Legem & consuetudinem regni nostri procedas , &c.

Likewise when Justices or Judges of any Court of Record , or not of Record , give Judgment , and delayed the party of his Execution , the party grieved may have a Writ De executione Judicij ; by which Writ the Justices or Judges are commanded , Quod executioonem judicij nuper redditi , &c. de loquela quae fuit , &c. per breve nostrum , &c. sine dilatione Fieri fac' , and thereupon an Alias , Plur ' , and Attachment , &c. do lye .

By the meeting together upon Adjournment of the Cause out of the Court where the Cause dependeth , &c. all the Judges , &c. which now we call an Exchequer Chamber Cause , Warranted by the Common Law and Ancient Presidents before this Statute ; and the frequent use of this Court of Exchequer Chamber hath been the Cause that this Court upon the Act of 14 E. 3. hath been rarely put in ure .

By the King 's Writ , comprehending Quod si difficultas aliqua intersit , that the Record should be certified into the Parliament , and to Adjourn the parties to be there at a certain Day , Si obscurum & difficile sit Judicium , ponantur judicia in respect' usque magnam curiam . An excellent Record whereof you may read in the Parliament holden at Westminster the Tuesday after the Translation of St. Thomas Becket , Ann● 14 E. 3.

Secondly , By Acts of Parliament , Nulli vèndemus , nulli negabimus , aut differemus , justitiam vel rectum .

That it shall not be commanded neither by the Great Seal , nor by the Little Seal , nor by Letters , nor any other cause to delay Right ; and albeit such commandment come , &c. that by them the Justices surcease not to do Right in no manner .

In divers cases the party grieved , shall have an Action for unjust delay .

Tolle moram , semper nocuit differre paratis .

But seeing neither the Common Law , nor any of the Acts of Parliament , do extend to Ecclesiastical Courts , it is then demanded , What if an Inferiour Ordinary will refuse , or delay to admit , and institute a Clerk presented by the right Patron , to a Church within his Diocess or the like , or delay , or refuse to give Sentence in a Case depending before him ? It is Answered , That the Archbishop of the Province , may grant his Letters under his Seal to all and singular Clerks of his Province , to admonish the Ordinary within Nine days , to perform that which by Justice is desired , or otherwise to cite him , to appear before him , or his Official at a day in those Letters prefixed , and to cite the party that hath suffered such delay , then , and there likewise to appear ; and further to intimate to the said Ordinary , that if he neither perform that which is enjoyned , nor appear , he himself without further delay , will perform the Justice required ; or in the former of the said Cases , the party delayed , may have his Quare impedit , but that is thought not to be so speedy a remedy , Cokes 4 Inst. cap. 6.

The Kings Bench Court .

THis Court is so called , because antiently the King sat there sometimes in Person upon a high Bench , and the Judges upon a low Bench at his Feet , to whom the Judicature belongs in the absence of the King .

And the Pleas here are betwixt the King and Subject ; As for Treasons , Felonies , Breach of the Peace , Oppression , Misgovernment , &c. And moreover it examineth , and corrects all Errors in facto , and in jure of all the Judges and Justices of England , in their Judgments and Proceedings , and this not only in Pleas of the Crown , but in all Pleas Real , Personal and Mixt , except only in the Exchequer . And in this Court are

Four Judges . First , The Lord Chief Justice created by Writ thus , Mathis Hale Militi Salutem , Sciatis quod constitu●mus vos Justiciarium Nostrum capitalem , ad Placita coram nobis tenenda , durant● bene placito Nostro , Teste me ipso ap●l Westminst.

Three other Judges hold their Places by Letters Patents in these word , Rea Omnibus ad quos Praesentes Litterae pe●●nerint Salutem , Sciatis quod Constitu●mus Dilectum & Fidelem R.R. Militem , un●● Justiciariorum ad placita coram nobis ●●nenda , durante bene placito nostro , Test● &c.

These Judges and all the Officers of this Court have Salaries from the King , and the Chief of them Liveries out of the great Wardrobe .

In this Court all young Lawyers , who have been called to the Bar are allowed to Plead and Practise .

This Court may grant Prohibition to keep other Courts , both Ecclesiastical and Temporal within their Bounds and due Jurisdiction .

The Jurisdiction thereof is General , and extendeth to all England , is more uncontrolable than any other Court , because the Law presumes the King always is present there in Person .

None may be Judge here but a Ser●eant , who upon taking his Degree is obliged to wear a Lawn Coif under ●his Cap for ever after .

The King hath wholly left matters of Judicature according to his Laws , to his Judges ; and albeit the Delinquent shall be Fined at the Will of the King , Non Dominus Rex Camera sua , nec aliter nisi per Justiciarios suos Finem imponit .

Errors in the Kings Bench cannot be reversed , ( except in certain particular cases , by Stat. 27 Eliz. c. 8. wherein the ●urisdiction of the Court is saved ) but in the High Court of Parliament .

A Record brought into this Court cannot ( as it were being in its Center ) be remanded back , unless by Act of Parliament ; But Indictments of Fe●onies , and Murders may be remanded , ●nd sent by the Justices of that Court ●nto the several Counties .

The Justices of the Kings Bench may grant a Nisi prius in case of Treason , Felony , and other Pleas ; but if they perceive an Indictment to be removed into that Court by practise , or for delay , they may send it back again for Justice to be done .

In this Court the Sentence is give● by the Chief Justice , the others all 〈◊〉 the most part assenting . If they cannot agree , it is referred to a Demurrer i● the Exchequer Chamber , before all the Judges of both Benches , and Chie● Baron of the Exchequer : And now 〈◊〉 us speak somewhat of

The Officers .

THe Prothonotary recordeth all Jud●ments , Orders and Rules of Cour●● and all Verdicts given , being not 〈◊〉 Crown matters .

The Secondary is his Deputy for 〈◊〉 said Cause , who keeps and mak● up these Records in Books , and alway● attends the Court.

The Clerk of the Crown Frames 〈◊〉 Indictments of Felony , Treason , M●ther , &c. all manner of Appeals , a●● is after to Record them and enter 〈◊〉 Verdict , and to make and keep th● Records of these matters . And hath 〈◊〉 Deputy .

The Clerk of the Exigents Frames 〈◊〉 Process of Exigi facias , and Reco●● the Oulawry .

The Clerk of the Papers keeps all Rolls , Script Pleadings , and other things which are not of Record .

The Custos Brevium Files all Writs Original and Judicial , after their Return by the Sheriffs , and is chargable for the same if imbezled .

The Custos Sigìlli Seals all Judicial Writs , Patents and Licenses issuing out of the Court , and taketh the Fee , and thereof makes Accompt .

The Attorneys which are for Plaintiffs , and Defendants in every Cause Frame and make Pleadings .

The Marshal of the Court who either by himself , or his Deputy or Servants , attends the Court to receive Prisoners committed to their Custody .

The Clerk of the Declaration , keeps and Files Declarations after they are Ingrossed , and continued on the Back , from the Term you Declare , till Issue Joyned .

The Clerk of the Rules makes all Rules , and Enters them and gives Copies , and also Files all Affidavits , &c.

The Phillizers , one for each County , to make all mean Process after Original , in proceeding to the Utlary .

The Clerk of the Errors allows 〈◊〉 Writs of Error , and makes the Supersedeas thereupon , and Transcribes the Records into the Exchequer Chamber .

The Cryers always attend the Court , to call Non-suits , give Oaths to Wi●nesses , Jury Men at Tryals , and d● such other Business as the Court sha●● direct , and at the end of every Term do attend the Court.

The Porter of the Court , who bring● all Records into Court , when they a●● to be used .

This Court may Bail any person fo● any Offence whatsoever ; and if a Free man in any City , Burrough or Tow● Corporate be Disfranchised unjustly , albeit he hath not priviledge in th●● Court , yet this Court may relieve the party , as appears in Coke's 11 Rep. Jam●● Bagg's Case . Et sic in similibus .

H. P. Captus per querimoniam Merca●●rum Flandriae , & imprisonatus offert Domino Regi Hus & Haut in plegio ad st●●dum recto , & ad respondendum praedi●●● Mercatoribus , & omnibus alijs qui v●●sus eum loqui voluerint , &c. The French word Hus signifying an Elder-Tree , and Haut the Staff of a Halbert , a●● thought then to be Common Ba● changed now to Doo and Roo , and th●● then putting in Bail at one Man's Suit , was ( in Custodia Mareschalli ) to answer all others that should Sue him by Bill , and this continueth to this Day .

A Scire facias to Repeal a Patent of the King , may be brought in this Court .

In Ancient time when Pleas were holden in Parliament , when the Parties descended to Issue , the Record was Adjourned into the Kings-Bench .

By Stat. 18 Ed. 3. The Oath to be given to Justices when they take their place is to this effect , viz. To serve the King in their Offices , To warn them of any Damage , do Justice , take no Bribe , give no Council where he is a Party , maintain no Suit , nor deny Right ( though by command from the King , ) To procure the Kings profit , and to be answerable to the King in Body , Lands and Goods , if found in default .

By Stat. 10. H. 6. not in Print , The Justices , Serjeants and the King's Attorney , shall be paid their Wages by the Treasurer of England at Easter and Michaelmas , without any other Suit .

By Stat. 28 Hen. 8. All Attaints shall be taken in the Kings-Bench , and Common-Pleas , and not elsewhere .

Stat. 5 Ed. 3.12 . If Outlary happen before Justices of Oyer and Terminer , and the Justices be risen before the Party yield himself , he shall do it in the Kings-Bench .

The Justices in this Court are the Sovereign Justices of Oyer and Terminer , Gaol Delivery , Conservators of the Peace , &c. in the Realm , and Sovereign Coroners of the Land : And therefore where the Sheriff and Coroners may receive Appeals by Bill , à Fortiori the Justices of this Court may do it .

Out of this Court are other Courts derived in respect of the multiplicity of causes which have increased .

Jurisdictio istius Curiae est Original●● seu ordinaria , & non delegata : And the Justices of this Court were called Anciently Justiciae , Justiciarij , Locum tenentes Domini Regis , &c. And the Stile of this Court is Anglia in the Margent , and the Chief Justice was called Justicia Angliae , Justicia prima , Justiciarius Angliae capitalis , & Justiciarius noster , capitalis , ad placita coram nobis terminand● , and in divers Acts of Parliament he is called , Chief Justice of England .

The Kings Bench hath Authority for Great Misprisions and Offences , to Adjudge and Inflict corporal Punishments , as Pillory , Papers and the like , Coke's 4 Inst. cap. 7.

The Court of Common Pleas.

THis Court is so called , because there are debated the usual Pleas , between Subject and Subject , althô not in respect of Persons , but in respect of the Pleas , being Communia placita : And some say this Court as well as others , was at first held in the King's House wheresoever he resided : But by Magna Charta it is ordained , This Court should not be Ambulatory , but held at a certain place , and that hath ever since been in Westminster-Hall .

And this Court is the Lock and Key of the Common Law in Common Pleas ; for here all Real Actions , whereupon Fines , Recoveries , and Common Assurances of the Realms do pass , and all Real Actions by Original Writs are to be determined , and all Common Pleas mixt , or personal , in divers whereof this Court , and the Kings Bench have a concurrent Authority .

This Court Regularly holds no Plea , but by Original Writ out of the Chancery , and returnable into this Court ; But in certain cases it holds Plea by Bill without such Writ , as for or against persons priviledged in this Court .

Also , without Original Writ , this Court may upon suggestion grant Prohibitions to keep Ecclesiastical Courts within their Limits and Jurisdiction .

This Court , ( but no inferiour Court ) may write to the Bishop to certifie Bastardy , or Legal Matrimony ; so likewise upon ancient Demesne pleaded .

The Lord Chief Justice of the Common Pleas or Common Bench , holds his place Durante bene-placito , by Letters Patent in this form , Rex , &c. Sciatis , quod constituimus dilectum & fidelem , E C. Militem Capitalem Justiciarium de Communi Banco habendum quamdiu nobis placu●●it , cum Vadijs , & Feodis ab antiquo debitis , & consuetis . In cujus rei Testimonium has Literas nostras fieri fecimus Patentes , Teste , &c.

And the three other Judges have Letters Patent : Sciatis quod constituimus dilect' & Fidelem , P. W. Militem , unum Justiciariorum nostrorum de Communi Banco , &c.

The Jurisdiction of this Court is general , and extendeth throughout all England : And for the Antiquity of this Court , Vide 6 E. 3. where a Fine was levyed in this Court , 6 R. 1. And none of the Judges of this Court may take Fee of any but the King ; and they ought to observe ( and likewise all other Officers ) the Rule in Law , Nemo Duobus utatur Officijs . And now we come to

The Officers .

THe Custos Brevium , who is the Chief Officer of the Court.

The Three Prothonotaries , in whose Offices all Pleadings are Entred , and all Common Recoveries Recorded , and Exemplified .

The Clerk of the Warrants , who entreth all Warrants of Attorney , and inrolleth all Deeds acknowledged before Justices of the Court.

The Phillizers , who have the several Counties of England divided amongst them , and make all mean Process upon Original before Appearance .

The Clerk of Essoyns , who entreth all Essoyns , and Exceptions in all Actions , and prepareth and marketh all Rolls for the Court.

The Clerk of the Utlaries , who makes all Capias utlagatum upon return of the Exigents brought him : The Kings Attorney is Master of this Office .

The Exigenters appointed for several Counties , who make the Writs of Exigents and Proclamations , upon the return of the Pluries Capias brought them .

The Clerk of the Supersedeas , who makes Writs to supersede the Utlary , upon the Parties appearing to the Exigent .

The Clerk of the Juries , who makes Writs of Habeas Corpora Jur' , & Distringas Jur' , for Tryal of Issues .

The Chirographer , who makes the Indentures of Fines Levied .

The Clerk of the Kings Silver , who Enters upon Record the Money which the King is to have upon Fines , for the Post Fines , according to the value of the Land , as the same is rated upon the Writs of Covenant .

The Clerk of the Errors , who makes the Supersedeas upon the Writs of Error , and doth Transcribe the Records out of the Common Pleas into the Kings Bench.

The Clerk of the Treasury , who keeps the Rolls of the Court and makes Copies , and Exemplifications thereof , and also all Records of Nisi prius , which are after the same Term wherein Issue is joyned .

The Proclamator of the Court , The Keeper of the Court , The Office of Inrolment of Fines and Recoveries erected by Statute .

Four Cryers or Tipstaffs , Substitutes to the Proclamator .

The Warden of the Fleet , who by himself or his Deputy is to attend the Court ; That Prison being proper for all Commitments out of this Court .

The Pleaders are Serjeants of the Coif ; none under that degree are admitted to Plead at the Bar , nor to Sign any special Pleadings in that Court .

The Attorneys are many , being not limitted .

In this Court all Civil Causes , Real or Personal are usually tried according to strict Rule of Law ; and Real Actions are Pleadable in no other Court .

The Proceedings in this Court are by Origin●l Summons , Attachias , Capias , Alias Capias , Pluries Capias , Exigi Facias , and Proclamation into the County where the Defendant dwelleth : And for their General Rule , see the Books at large .

The King allows the Lord Chief Justice a Fee , Reward , Robes and Two Tun of Wine : And to the Three other Judges , and to Four Serjeants he alloweth Fees , Rewards and Robes to each .

The Clerk of the Supersede as holds his Place by Patent : The Phillizers are in the Gift of the Lord Chief Justice , and hold for Life .

The Four Exigenters are in the Lord Chief Justice Gift , and are for Life .

This court hath Jurisdiction for granting Prohibitions upon Suggestions , where there is neither Writ of Attachment nor Plea depending , Coke's 4. Inst. 10.

And this Court hath Jurisdiction for Punishment of their Officers and Ministers .

The Court of the Exchequer .

IS so called ( as some think ) from the Chequer wrought Carpet Covering , the great Table in that Court ▪ Or else from the French Eschequier a Chess-board , because the Accomptants in that Office were wont to use such Boards in their Calculation ; And the Authority of this Court , as all the other Courts before mentioned is of Original Jurisdiction , without any Commission , not Instituted by any Statute or Written Law , but have their Jurisdiction Originally from the Ancient Customs of the Kingdom .

And this Court is divided into Two parts , ( viz. ) Judicial Accompts called Scaccarium Computorum , and the Receipt of the Exchequer . Una Origo Utriusque Scaccarij , Superioris , scilicet & Inferioris , sed quicquid in Superiori computatur , in Inferiori solvitur' : But before we proceed further it will be necessary to declare

The Officers .

DOminus Thesaurarius Angliae , hath his Office by delivery of a White Staff at the Kings Will and Pleasure ; In former times by delivery of the Golden Keys of the Treasury : When Treasure failed the White Staff served to Rest him upon it , or drive away importunate Suitors . The Office and Duty of the Lord Treasurer appears by his Oath , Consisting of Eight Articles , for the due Execution of his Office , and truly to Council and Advise the King ; as in the 4th Institutes you may Read more at large . And he hath the keeping of the Kings Treasure , and Records of the Exchequer ; and hath many Officers at his sole Appointment , hath the nomination of Escheators in every County , and is to appoint a Measurer for Cloths ; he with others joyned with him , grant Leases of the Crown Lands , and giveth Warrants to certain persons to have their Wine Custom Free . The ancient Salary of the Lord Treasurer was , 383 l. 7 s. 8 d. lately it hath been 8000 per Annum . The Office is sometimes Executed by Commission ; and he is also Treasurer of the Exchequer , by Letters Patent under the great Seal . And next to the Lord High Treasurer is ,

Cancellarius Scaccarij , who keepeth the Seal , Et les Brev. usual in le Chancery , en le Exchq' , &c. sont pluis ancient que le Register . He is sometimes under Treasurer , and Governor of the Court. Under the High Treasurer is , The Comptroller of the Pipe , and many Officers are at his Appointment , and these seldom sit in Court . But there is

The Lord Chief Baron , who is created by Letters Patent Quam diu se bene gesserit , and Answers the Bar , take● Recognizances for the Kings Debts , &c. and with him commonly sit .

Three other Barons , who in his Absence supply his Place according to Seniority . And there is also

One Cursitor or Puisne Baron , who administers the Oaths to the Sheriffs , Under-Sheriffs , Searchers , Surveyors , &c. of the Custom-House .

And in the upper Exchequer are these under Officers ;

The Kings Remembrancer , in whose Office are Two Secondaries , and Six others who are Sworn Clerks ; and his Office and Duty is ; First , To Write Process against all Collectors of Customs , Subsidies , &c. Secondly , He entre●h all Recognizanees before the Barons , and taketh Bonds for the Kings Debts , for observing of Orders , or for Appearances , and makes out Process thereupon . Thirdly , He makes out Process upon Penal Statutes , and enters all Informations in this Office . Fourthly , He makes Bills of Compositions upon Penal Statutes . Fifthly , He taketh the Stalment of Debts , and entreth them Sixthly , Into this Office ought to be delivered all Conveyances , and all Evidences whereby any Lands , &c. are granted to the King . Seventhly , There being a Court of Equity holden in the Exchequer Chamber by English Bill ; all the Bills and Proceedings thereupon are entred in this Office . See the Statute of 5 R. 2. cap. 14. Stat. 1.

The Lord Treasurer's Remembrancer , whose Office is to make out Process against all Sheriffs , Receivers , Bayliffs , &c. And for their Accompts and many other things , as Estreat-Rules , all Charters and Letters Patent , whereupon any Rents are reserved to the King ; and formerly here were Two Secondaries , and Ten other Sworn Clerks . If any Clerk make Process for any Debt paid , the Tallies whereof are joyned and allowed , he shall lose his Office , be Imprisoned , &c. He maketh Entry of Record of Sheriffs and Accomptants , paying their proffers at Easter and Michaelmas , and makes Entry of keeping their days of Prefixion . The Green Wax is certified into his Office , and by him delivered to the Clerk of Estreats : All Accompts of Customers , Comptrollers , &c. are here entred to avoid all delay and concealment .

The Clerk of the Pipe , the Original Institution of whose Office was from a Conduit , or Conveyance of Water into a Cistern ; For all Accompts and Debts to the King are drawn from and delivered out of the Offices of the Kings Remembrancer , and Lord Treasurers Remembrancer , &c. and charged in the Pipe : So as whatsoever is in charge in this Roll or Pipe , is said to be duly in charge . In the Patent of this Office he is called Ingrossator Magni Rot' in Scaccario : Here are under him Eight Sworn Clerks . Here Accomptants have their Quietus est , and Leases are made of Extended Lands .

Comptroller of the Pipe , He writeth out Summons twice every year to the high Seriff , to levy the Farms and Debts of the Pipe , and keepeth a Comptrolment or Roll of the Pipe Office Accompts .

Clerk of the Pleas , in whose Office all the Officers of the Exchequer , and Priviledged Persons , as Debtors to the King , &c. are to have their Priviledge , to Plead , and be Impleaded as to all matters at the Common Law : And the Proceedings are accordingly by Declarations , Pleas and Trials as at Common Law , because they should not be drawn out of their Court , where their attendance is required . In this Office are Four Sworn Attorneys .

Foreign Opposer , to whom all Sheriffs repair to be opposed of their Green-wax , and from thence is drawn down a charge upon the Sheriff to the Clerk of the Pipe .

Clerk of the Estreats or Extracts , is every Term to receive from the Office of the Treasurers Remembrancer , all Debts or Sums to be levied for the King's use , and to make Schedules for such Sums as are to be charged .

Auditors of the Imprest are Two , who Audit the great Accompts of the King's Customs , Wardrobe , Mint , First-fruits and Tenths , Naval and Military Expences , Moneys Impressed , &c.

Auditors of the Revenue are Seven ; These Audit all the Accompts of the Kings other Revenue that ariseth by Aids .

Auditors of the Receipts is a kind of Filazer , for he Files all Tellers Bills , and Enters them . Secondly , He is a Remembrancer ; for he giveth the Lord Treasurer a Certificate of the Money received the Week before .

Thirdly , He is an Auditor , for he maketh Debentures to every Teller before they pay any Money , and taketh and audietth their Accompts ; and keepeth the Black Book of Receipts , And the Lord Treasurers Key of the Treasury , and seeth every Tellers Money Locked up safe in the new Treasury .

Remembrancer of the first Fruits Executed by Two Deputies , they take all compositions for First-Fruits and Tenths , and make out Process against all which pay not the same .

Clericus Nihilorum , maketh a Roll of all such Sums as the Sheriffs upon Process of the Green-wax return Nihil , and delivers that Roll into the Office of the Lord Treasurers Remembrancer to have Execution done of it for the King .

Mareschallus , To this Officer the Court committeth the keeping of the Kings Debtors during the Sitting of the Term , to the end they may provide to pay the Kings Debts , or be further Imprisoned ; such Offices as are found Virtute Officij , and brought into the Exchequer , are delivered to him to be delivered over to the Lord Treasurer's Remembrancer . He also appointeth Auditors to Sheriffs , Escheators , Customers and Collectors for taking their Accompts .

Clericus Summonitionum , Clerk of the Summons .

Deputati Camerarij , which are Two , called Under-chamberlains of the Exchequer : They cleave the Tallies written by the Clerk of the Tallies , and read the same , that the Clerk of the Pell , and the Comptrollers thereof may see their Entries be true ; They also search for Records in their Treasury : And there are other Officers as Clerk of the Parcels , Usher of the Exchequer , whose Office is Executed by a Deputy , and four Under-ushers .

In the Lower Exchequer are these Officers .

THe Lord High Treasurer of England , of whose Office and Dignity we have spoken before in the uppe● Exchequer : And concerning the course of the Receipt in this Exchequer , you may read more in Rot' Claus ' 39 E. 3. M. 26.

The other Officers there are one Secretary . And next is

The Chancellor , who hath a princip●● power , not only in the Exchequer Court , but there also , in the managing and disposing of the Kings Revenue .

Two Chamberlains , in whose Custody are many ancient Records , Leagues and Treaties with Foreign Princes ; The Standards of Moneys , Weights and Measures ; The Famous Books called Doomesday , and the Black Book of the Exchequer .

Four Tellers , Their Office is to receive all Moneys due to the King , and thereupon to throw down a Bill through a Pipe into the Chamberlains or Tally Court.

Clerk of the Pells , is to enter every Tellers Bill in a Parchment Skin , in Latin Pellis , whence this Office hath its name .

The Two Deputy Chamberlains , Sit in the Tally Court , cleave the Tallies and examin each piece a part , as is said before in the Upper Exchequer .

Two Ushers , who take care to secure the Court by Day and Night , and all the Avenues leading to the same , and are to furnish all Books , Paper , &c.

One Tally Cutter , who provides fitting Hazel , cuts them square and of full lengths , and hath dividend Fees with the other Officers , of the Party who sueth it out .

The Four Messengers of the Receipt , are Pursuivants Attendants upon the Lord Treasurer for carrying his Letter and Precepts to all Customers , Comptrolers and Searchers , and all other His Majesties Messages , where the Lord Treasurer shall command them .

In case of any Pension given by the King , there is only 5 l. per Cent. paid to all the Officers , for all publick payments , not 5. s. for the Hundred pounds .

For all Moneys paid in by the King's Tenants or Receiver , it costs them but 6 d. or at most but 3 d. for every payment under 1000 l.

The Collectors and Receivers cost the King not above Two in the pound , and at his Exchequer it costs nothing .

For the Course of the Exchequer , and Duty of the several Officers , you may Read in the Authors , who have treated thereof more at large .

There is a General Statute concerning all the Courts of the King , made 2 Hen. 6. cap. 10. That all Officers made by the King's Letters Patents within his Courts , which have Authority ( ab antiquo ) to appoint Clerks and Ministers within the said Courts , shall be Sworn to appoint for whom they will answer , and such as are sufficient , and will be Faithful and Diligent in their places .

In the same manner we have Ordained in the Right of the Barons of the Exchequer , that we have expresly charged them in our presence , that they shall do Right and Reason to all our Subjects , and that they shall deliver the People reasonably and without delay , &c. And more of the Officers of this Court , and their Duty , you may read in the Statutes at large .

Resolved in the Case of Auditor Provy , that if A. be indebted to B. and B. is indebted to the King , that the King by his Prerogative may Levy his Debt upon A. but this Levying ought to be of an immediate , and not of a mediate Debtor to the Debtor of the King ; As if A. be indebted to B. and B. to C. and C. to the King , the King cannot Levy his Debt of A. for then it might be Levied in infinitum ; Quod reprobatur in Jure .

The Barons of the Exchequer are the Sovereign Auditors of England ; for if a Man Assign Auditors to a Bailiff , or Receiver to Accompt , and the Auditors will not allow just and reasonable allowances , but will Commit the Bailiff or Receiver to Prison , such Prisoner may have an Original Writ of Ex parte talis returnable before the Treasurer and Barons of the Exchequer for his relief .

If the Barons do not allow an Accomptant before them such just Demands as he maketh , he may have a Writ De Allocatione facienda , directed to the Treasurer and Barons , Commanding them to allow the same .

Gifts by word of Mouth from the King , not allowable but void .

Neither is a Warrant under the Signet , sufficient to Issue any Treasure of the King out of the Receipt , but it must be under the Great , or Privy Seal .

Whereas it is said , That the King may Distrain in all the other Lands of his Tenant of whomsoever they are holden , it is thus to be understood ; That the other Lands must be in the actual Possession of the Kings Tenant , for he cannot Distrain in those Lands in the Possession of his Tenant for Life , Tenant for Years , or at Will , Coke's 4 Inst. cap. 11 , 12 , 13.

The Oath of the Barons of the Exchequer , expressing there Duties consisteth upon Ten Articles : 1st That well and truly he shall serve in the Office of Baron of the King's Exchequer : 2ly , That truly he shall charge and discharge all manner of People as well Poor as Rich: 3ly , That for no highness , nor for Riches nor for hatred , nor Estate of no Person or Persons whatsoever , nor for any Deed , Gift nor Promise of any Person the which is made to him , nor by Craft , nor by Engin he shall let the King 's Right : 4ly , Nor none other Persons Right he shall disturb , let or respite contrary to the Laws of the Land : 5ly , Nor the Kings Debts he shall put in respite where that they may goodly be levied : 6ly , That the Kings need he shall speed before all others : 7ly , That neither for Gift , Wages , nor good Deed , he shall lain , disturb nor let the profit or reasonable advantage of the King , in the advantage of any other person , nor of himself : 8ly , That nothing he shall take of any person for to do wrong , or right to delay , or to deliver , or to delay the people that have to do before him , but as hastily as he may them goodly to deliver without hurt of the King , and having no regard to any profit that might thereof to him be therein , he shall make to be delivered : 9ly , Where he may know any wrong , or prejudice to be done to the King , he shall put and do all his power and diligence that to redress , and if he may not do it , that he tell it to the King , or to them of the Councel , which may make relation to the King , if he may not come to him : 10ly , The King's Counsel he shall keep , and lain in all things . And like to the Chief Baron , the rest of the Baron are constituted by Letters Patent ; and the Patents of the Attorney General , and Solicitor are also Quamdiu se bene gesserit , Coke's 4. Inst. cap. 11 , 12.

The Lord Chief Baron is Sworn by the Lord Chancellor , or Lord Keeper for the time being ; and in matters of Law , Information , and Plea he answereth the Bar and all Suitors . He ever giveth Judgment in the Term-time only , and gives his directions to the Remembrancer in this manner : If the King's Attorney say nothing for the King , between this and such a day , for such a matter , enter Judgment for A.B. Or , if the Party fo● nothing for such a matter , by such a day enter Judgment for the King . Practick part of the Law , Court of Exchequer .

The Court of Inquiry , to certifie untrue Accompts in the Exchequer .

THis Court Sits by Commission under the Great Seal , by force of the Statute of 6 Hen. 4. Directed and sent with the Tenor of the Accompt to discreet persons in the County , where the Officers be to Enquire , and certifie the profits by them received ; and if they be attainted of Fraud , they forfeit treble value , and their Bodies to Prison , until they make Fine , and Ransom at the discretion of the Judges .

In the Exchequer Wall is this old Verse Ingraven .

Ingrediens Jani rediturus es aemulus argi .

The Court of Equity in the Exchequer .

THe Judges of this Court are the Lord Treasurer , Chancellor and Barons of the Exchequer .

And generally their Jurisdiction is as large for matter of Equity , as the Barons in the Court of Exchequer have for benefit of the King at the Common Law . For all the

Proceedings both in this Court of Equity , and of that at the Common Law ought to be touching the King ; or otherwise , there lieth a Prohibition , which appears by the Register for all are Communia Placita , which are not Placita Coronae .

More of the Jurisdiction and Authority of this Court , you may see by the Statute of 33 Hen. 8. and Coke's Instit. cap. 13.

The Office of Pleas in the Exchequer .

THis is the Office of the Common Law , and the Proceedings in most things agreeable to the Kings-Bench , and Common Pleas.

Their Leading Process is Quo minus , or Subpoena ; the Quo minus is like the Capias , or Latitat to take the Body of the Defendant , and was anciently granted to the Kings Tenants , or Debtors only .

But now the Practice of this Office is grown General in all cases almost by the Subpoena , which being easier brings much into this Office , especially in Wales , where the King 's Writ runs not , only Capias Utlagatum .

There are Four Attorneys , and in their Declarations they always suppose the Plaintiff to be Debtor to the King .

In this Office , all Officers of the Exchequer are to Sue and be Sued , and all manner of Accomptants , and all Suits removed out of any Court of Record by the King 's Writ , or out of any Court at Westminster by the Red Book .

The Execution after Judgment , or Verdict , is by Fieri Facias , or Capias ad satisfaciend ' , as in other Courts of Common Law .

The Defendant in some cases must put in Sureties upon Appearances to render , if he be condemned , and this Bail or Recognizance must be taken before a Baron in Court , and not otherwise .

First-Fruits and Tenths were granted to the Crown by the Statute of 26 H. 8. cap. 3. But the Clergy being discharged thereof Anno 1 & 2 Philip and Mary , they were again reunited to the Crown 1 Eliz. cap. 4. but no Court revived . And being under the Governance of the Exchequer , a New Office was created , and an Officer , viz. Remembrancer of the First-Fruits and Tenths . And more concerning them , and the manner of Taxation of them , you may read Coke's 4th Inst. cap. 14.

The Court of Augmentations . Within the Survey and Governance of this Court were all Lands belonging to Monasteries , and Purchased Lands ; but Queen Mary by her Letters Patent in the First year of her Reign dissolved it , and united it to the Exchequer ; as by the Articles thereof may appear .

The Surveyor General's Court is Dissolved , the Office only remaining .

So that in the Exchequer are Seven Courts : 1. The Court of Pleas , 2. The Court of Accompts , 3. The Court of Receipt , 4. The Court of the Exchequer Chamber , being the Assembly of all the Judges in England for Matters in Law ; 5. The Court of Exchequer-Chamber for Errors in the Exchequer ; 6. The Court in the Exchequer-Chamber for Errors in the King's - Bench , And 7. The Court of Equity in the Exchequer , Chamber : of all which see the Books and Statutes mentioned in Coke's 4 Inst. c. 13.

The Court of Justices of Assize , and Nisi prius .

THese Justices take their Names from the Writ of Assize , called Assiza Novae Disseisinae , or Petit Brief de Novel Disseizin . And the Mirror saith , That for Expedition of Justice it was ordained by Ranulph de Glanvil ; but by 26 Ass. 24. it appears to be more Ancient . At the Common Law Assizes were not to be taken , but either in Bank , or before ●ustices in Eyre : But by Magna Charta it is Enacted , Quod Recognitiones de Nova , Disseisina , & de Morte Antecessoris , non capiantur nisi in suis propriis Comitatibus , &c. And upon that Statute of Magna Charta , the Letters Patent to the Justices are framed in these Words , ( viz. )

Rex , &c. Dilectis & Fidelibus suis R. M. uni Justiciariorum suorum de Banco , & I.L. uni Justiciariorum suorum ad Placita coram nobis tenenda Assign' , Salutem : Sciatis , Quod Constituimus vos Justiciarios nostros una cum hiis quos vobis associaverimus ad Omnes Assizas , Jurat' , Certificat' , coram quibuscunque Justic' , tam per diversa Brevia Domini Johannis nuper Regis Angl' Patris nostri , quam per diversa Brev' nostra in Com' nostris South ' , Wiltes ' , Dorset ' , Devon' , & Cornub' , ac in Civitate Exon' , arranian' capiend' ; Et ideo vobis Mandamus quod ad certos dies & loca quos vos ad hoc provideritis , Assis . Jurat' , & Certificat' , illas capiatis , Facturi inde quod ad Justitiam pertinet secundum Legem & consuetudinem Regni nostri Angliae , Salvis nobis amerciamentis inde nobis provenien' ; Mandavimus enim Vicecomisibus nostris , Com' & Civit' praed' , quod ad certos dies , & loca quos eis Scire faciatis , Assis . Jurat' , & Certificat' illas una cum Brevibus Originalibus & omnibus aliis ea tangen' , coram vobis venire faciat' . In cujus rei Testimonium , &c.

By this Writ the Seisin and Possession was recovered , and became more frequent , Quia non est aliud Breve in Cancellaria , per quod Querentes habent festinum remedium , quam per Assisam . And after the Statute of Westminster was , and thereby provided , Quod assignentur duo Justiciarij jurati , coram quibus , & non aliis , Capiantur Assisae , &c. ad plus ter per Annum .

And Rot. Parl. 21 Ed. 1. Dominus Rex , &c. praecepit , quod de caetero assignentur Octo Justiciarij Circumspecti & discreti ad Assisas , Jurat' , & Certificat' capiend' , per Totum Regnum Angliae , and divideth the Realm into Eight parts .

Per Stat. de Finibus 27 Ed. 1. cap. 1. Justiciarij ad Assisas capiendas assignati , deliberent Gaolas in Com' Illas tam infra Libertates , quam extra , de Prisonariis quibus cumque . And Appeals of Murder , Robbery , Rape , &c. may be commenced before Justices of Assize : And divers other Powers and Authorities are given to J●stices of Assize , and Gaol-delivery ; for which see the Statutes , and Coke's 4 Inst. cap. 27.

Justices of Assize shall enquire for Non Returning , and False Return of Sheriffs .

May hear and determine of Conspirators , false Informers , and wicked Procurers of Dozens , Inquests and Juries , at the complaint of any without Writ , and without Delay , and of Confederacies and Champerties , and Maintainers , Bearers , and Alliances by Bond , &c. Of Defaults of Sheriffs , Escheators , Bayliffs , and other Officers .

Justices of Assize may enquire of Defaults , &c. of Punishment of Victualers , &c. which sell at unreasonable Prizes .

They have power to hear and determine riding and going Armed , &c. and to punish Justices of the Peace , Sheriffs , Bayliffs , and others , for not doing their Office in that case .

They may hear and determine Treason in Counterfeiting of Money , &c. They shall do Execution of the Statute of 13 H. 3. of Riots done in their presence , upon pain of an Hundred pounds , and by the Statute of 2 H. 5. Commissions shall be Awarded to Enquire of the Default of the Justices of Assize , and of Justices of Peace in that behalf .

They shall enquire of , hear , and determine all Offices contrary to the Statute of 23 H. 6. concerning Sheriffs , Under-sheriffs , and their Clerks , Coroners , Stewards of Franchises , Bayliffs , and Keepers of Prisons , for Extortion , and for letting to Bail such as were not Bailable , or for denying Bail to them that ought to be Bailed .

Justices of Assize shall take Bail of him that is acquitted of Murder ; within the Year to answer to the Appeal of the party ; 5 Eliz. cap. 5. of Informers , 5 Eliz. cap. 4. of Labourers .

Justices of Assize , of Gaol-delivery , and of the Peace , shall enquire of the default of Coroners .

Justices of Assize , &c. shall enquire of false making of Leather , of Amending of High-ways , of Hunters in Parks , of Unlawful taking of Fishes , of Forgery of False Deeds , against deceipt in Linnen Cloth , against Perjury , of Usury , and many other things .

Justices of Assize twice in every year ought to proclaim the Statute of 32 H. 8. and other Statutes against unlawful Maintenance , Champerty , Embracery , and unlawful Retainers ; they ought to proclaim the Statute of Unlawful Games in their Circuit .

See the Custumary of Normandy , c. 19. Coke's 4. Inst. cap. 27.

The Justices of Nisi prius were first Instituted by Stat. W. 2. cap. 30. Of Issues joyned in the Kings-Bench , and their Authority is annexed to the Justices of Assize , and is by force of a Judicial Writ , and therefore we have joyned them under one Title . And this appeareth by the Writ :

REx Vicecomiti Salutem : Praecipimus tibi , quod Venire fac' coram Justiciarus nostris apud Westm ' in Octab' Sancti Michaelis , vel coram Justiciariis nostris ad Assisas in Com' tuo per formam Statuti nostri inde provis . Capiend ' Assignatis , si prius die Lunae prox' ante Festum , &c. apud , &c. vene rint 12 tam Milites quam alios , &c.

By the Statute of 7 R. 2. Nisi prius shall be granted in the Exchequer , as well as elsewhere .

Of Issues joyned in the Chancery , Kings-Bench , Common-Bench , and Exchequer , the Chief Justices , or Chief Baron , or in their absence , two other Justices or Barons of the said several Courts , as Justices of Nisi prius for the County of Middlesex within the Term , or four days after each Term , shall severally Try , &c. And for their several other Powers and Authorities , vide le Stat. and Coke's 4 Inst. cap. 27.

And this Writ of Nisi prius is ( so called , because the word Prius is before Venerint in the Distring as , &c. which was not so in the Venire facias , upon The Statute of Westm. 2. cap. 30. ) although the words of the Writ are Si prius , &c. And albeit Justices of Assize have their Dignity and Authority much increased , yet they retain their Original Name , although Assizes are now rarely taken before them : For that the Common Action of Ejectment hath Ejected most Real Actions , and so the Assize is almost out of use .

Justices of Nisi prius have power to give Judgment in Assize of Darrein Presentment , and Quare Impedit .

And that Commissions , and Writs of Nisi prius shall be awarded , &c. It is to be observed , That there is but a Transcript of the Record sent to the Justices of Nisi prius .

By the Statute of 27 E. 1. de Finibus , cap. 4. it is provided , Quod Inquisitiones & Recognitiones capiantur tempore Vacationis , coram aliquo Justiciario de utroque Banco , coram quibus placitum deductum fuerit .

See the Statutes of York , 2. E. 3. cap. 16. 4. E. 3. cap. 2. and the Statute of 14. Ed. 3 cap. 16. which Statute doth provide , That Nisi prius may be taken in every Plea Real or Personal before Two , so that one be Justice of one of the Benches , or the Chief Baron or Serjeant sworn , without any regard where the Plea depended , and this standeth yet at this day .

Concordatum fuit per totum Cocilium Regis , quod nullus Vicecomes aut Coranat' fiat Justiciarius ad Assisas capiend' Gaolas Deliberand ' , Transgress' audiend' & terminand' , seu ad aliquod aliud officium Justic' faciend' , eo quod debent esse intendentes aliis Justiciariis . Which Statute is Declaratory of the Common Law .

14 H. 6. cap. 1. Justices of Nisi prius have power in all cases of Felony , and Treason , to give Judgment , as well where the Prisoner is acquitted , as where he is Attainted , and to award Execution .

Where the King is a Party , a Nisi prius may be granted , if the King's Attorney assent unto it .

In Appeal of Murder , Robbery , Rape , brought in the King's Bench ; if the parties be at Issue , a Nisi prius may be granted before Justices of Assize .

And if Appeal be brought before Justices of Assize , they have also power to enquire and judge .

These Justices of Nisi prius were Instituted for two causes , viz. 1. Propter intolerabilem jacturam Juratorum , & in exonerationem Juratorum . 2. Ad celerem Justiciam in ea parte exhibendam .

A Prohibition is grantable to Justices of Assize , Quod non caperent in patria inquisitiones quae magna indigent examinatione .

By the Original Institution of Justices of Assize , and Nisi prius , the Tryal should be before Two at the least ; for plus vident oculi , quam oculus , especially in Pleas of the Crown , concerning the Life of Man .

The Justices of Nisi prius may grant a Tales de Circumstantibus , either when but one or more appear of the principal Pannel , or where Eleven do appear ; and all the Jury may be of the Tales de Circumstantibus , as it was upon a Tales at the Common Law .

A Nisi prius may be granted in an Attaint .

In Trespas between the Duke of Exeter , and the Lord Cromwell ; The Counsel of the Duke moved for a Nisi prius , and for the Duke was a Praepotent Prince in that Country , and the Venire facias being Return'd , there was a great Rout in the Hall , so as if a Nisi prius should be granted great Mischief might ensue , therefore no Nisi prius was granted , 32 H. 6.9 . Coke's 4. Inst. cap. 27.

The Court of the Justices of Oyer and Terminer .

THe Authority of these Justices is by Commission ; and of these are two sorts ,

The General Commission , which is so called , because it is General in respect of the Persons , the Offences , and Places , where the Offences are committed , the substance of which Commission is thus :

REx , &c. Fidelibus suis R.M. & aliis , Salutem , Sciatis quod Assignavimus vos , & Tres vestrum , quorum aliquem vestrum vos praefat' R.M. & L.G. unum esse volumus , Justiciarios nostros ad inquirendum per Sacramentum proborum & legalium hominum de Com' nostris South ' , Wiltes ' , Dorset ' , Somerset ' , Devon' , & Cornub ' , & eorum quobilet ac aliis viis , Modis , & Mediis quibus melius sciveritis , aut poteritis tam infra Libertates , quam extra , per quos rei veritas melius scire poterit , de quibuscunque Proditionibus , Misprisionibus Proditionum , Insurrectionibus , Rebellionibus , Murdris , Feloniis , Homicid●is , Interfectionibus , Burglartis , Rop●●bus Mulierum , Congregationibus , & Conventiculis illicitis , Verborum prolationibus , Coadiju● ationibus , Misprisionibus , Confederationibus , Falsis allegantiis , Transgressionibus , Riotis , Routis , Retentionibus , Escapiis , Contemptibus , Falsitatibus , Negligentiis & Concelamentis , Manutenentiis , Cambipartiis , Deceptionibus , & aliis Malefactis , Offensis , & Injuriis quibuscunque ; Necnon accessar' eorundem infra Com' praed' , & eorum quemlibet , &c. Et easdem proditiones , & alia praemissa , ( hac Vice ) audiend' , & terminand' , secundum Legem & Consuetudinem regni nostri Angliae , &c. As you may read at large in Coke's 4th Inst. cap. 28.

The particular Commissions of Oyer and Terminer , are so called in respect of particular Persons , Offences , or Places for which they are granted , whereof you may see Fresh Presidents in the Register ; 1. Against the Bishop of Winchester , and his Ministers ; 2. De Nave fracta , if the Goods ought to be taken for Wreck ; 3. Of divers Oppressions , Extortions , &c. 4. For the Prior of Daventry ; 5. For the King in time of Vacation ; of all which you may read there more at large .

And concerning Commissions of Oyer and Terminer , Ten Conclusions are to be observed ; 1. That they are not granted but before the Justices of the one Bench , or of the other , or before the Justices Errant , and that for great and horrible Trespasses of the King 's special Grace , according to the Statute of W. 2.13 Ed. 1.

Commissions are like to the King's Writs , such only are to be allowed which have Warrant of Law , and continual Allowance in Courts of Justice .

They cannot proceed upon any Indictment , but such only as are taken before themselves .

They may upon Indictment found , proceed the same day against the party Indicted ; as in Hill. 2 H. 4. Rot. 4. Thomas Merx , Bishop of Carlisle , was before Commissioners of Oyer and Terminer Indicted , Tryed , and Adjudged for High Treason all in one day .

And for other Conclusions and their proceedings therein , you may read more at large in Coke's Fourth Inst. cap. 28.

If any Offence be prohibited by any Statute , and name not in what Court it shall be punished ; or if the Statute appoint that it shall be punished in any Court of Record , in both these cases it may be heard and determined before Justices of Oyer and Terminer .

The King may make a Commission of Association , directed to others to joyn with the Justices of Oyer and Terminer , and a Writ of Admittance to the Justices of Oyer and Terminer , to admit the others into their Society , which Writ is close . There is also a Writ of Si non omnes directed to the Justices of Oyer and Terminer , and to their Associates , the Forms of all which you may read in the Register , and in F. N. B. And in all these Commissions , and Writs , the Justices are directed with this Rule : Facturi quod ad justitiam pertinet secundum Legem & consuetudinem Angliae .

If the Justices sit by force of the Commission , and do not adjourn the Commission , it is determined .

Justices of Oyer and Terminer shall send their Records and Process determined , and put in Execution , to the Exchequer at Michaelmas every year , to be delivered there to the Treasurer , and Chamberlain , &c. to keep them in the Treasury .

None of these Commissioners , or of Assize , or of Gaol-delivery , or of the Peace , or other of the Kings Commissioners , are countermanded by any New Commission , unless it be shewed unto them for so many as it is shewed unto ; or that it be proclaimed in the County , or that the New Commissioners do sit and keep their Sessions by force of the new Commission , whereby the former Commission is countermanded . Concerning which see the Statute of 1 Ed. 6. cap. 17. Co. 4. Inst. 165.

Anno 1 Mariae , Stat. 2. cap. 2. Upon conclusion of her Marriage with Philip the Son of the Emperour and Prince of Spain ; It is provided , That the said Prince shall not promote , admit , or receive to any Office , Administration , or Benefice in the Realm of England , and Dominions thereunto belonging , any Stranger or Persons not born under the Dominion and Subjection of the said most Noble Queen , Co. 3. Inst. 225.

Judges , and other Officers in Courts , may be increased , or diminished as need shall require ; and at Entrance shall take an Oath to serve the King and his People duly , Wingate's Abridgment of the Statute of 14 Ed. 3. Title Judgments , fol. 303.

Association is a Patent sent by the King either of his own motion , or at the Suit of the party Plaintiff to the Justices of Assize , to have other Persons associated to them : And upon that Patent the King will send a Writ to the Justices to admit them ; and if there be Three Justices , and one dye , the King may grant a Patent of Association , to Associate another to the Two ; and a Writ which shall be close to the other two to admit him ; Terms del Ley.

Si non omnes , Is if those Associated or some of them cannot come , then the King may make a Patent for other Justices , or for One Justice to be Associated in his Room , to take those Assizes and Juries ; And the Forms of these several Writs of Association you may see in F. N. B. 412 to 418.

And if the King make Three Justices to take Assizes , and make them a Patent of si non omnes , if one of them dye , the other two may proceed , F. N. B. 416.

And the King may make Association in Juries as well as in Assizes , as also in Attaints , and also one Association after another ; and any Association may be made to a Sheriff in a Redisseisin ; and although the Assize be discontinued , yet if the other Re-attachment is Sued , the Association shall stand good and the si non omnes ; and a Re-attachment may be sued to revive those Assizes , altho' there be several Adjournments ; and the Associations and si non omnes , shall serve for all the Assizes , F. N. B. 417 , 418.

Bailiff in Magna Charta extendeth to any Judge or Minister of the King ; and Bailie le Roy is understood Justice le Roy , Coke's 1 Inst. 168.

Justices of Assize have also Commissions of Oyer and Terminer , of Gaol-delivery , and of the Peace , of Association , si non omnes throughout their Circuits , so as they are armed with simple , yet ordinary Jurisdiction , they sometimes being bounded with express Limitations , Facturi quod ad Justitiam pertinet secundum Legem & Consuetudinem Angliae ; And in former time according to their Original Institution , and their Commission both the Justices joyned , both in Common Pleas , and Pleas of the Crown , Coke's 1. Inst. 263. a.

In ancient time , Prelates as well as other Noble-men were Chancellors , Treasurers and Judges , being Expert and well Learned in the Laws of the Realm , Coke's 1 Inst. 304 , 8. Coke's 2 Inst. 98 , 265.

Capitalis Justiciarius in Glanvil is taken for Custos Regni , who may name Justices ; and Original Writs shall bear Teste under his name , which no Officer may do whilst the King is within the Realm .

In the time of Ed. 1. Justices would not proceed in Case of the Death of Man without the King 's Writ .

By Magna Charta cap. 26. Nihil de caetero detur pro brevi inquisitionis ab eo , qui inquisitionem petit de vita , vel de membris , sed gratis concedatur , & non negetur . Breve inquisitionis , being the Writ Odio and Atia anciently called Breve de bono & malo , by this Statute of Life and Member ; which the Common Law gave to a Man that was Imprisoned , though it were for the most hainous Crime , for the Death of a Man , for the which without the King 's Writ he could not be Bailed ; yet the Law favouring the Liberty , and Freedom of a Man from Imprisonment , and that he should not be detained in Prison , until the Justices in Eyre should come , at what time he was to be Tried , he might Sue out this Writ of Inquisition directed to the Sheriff ; Quod assumptis tecum custodibus placitorum Coronae in pleno comitatu per Sacramentum proborum , & legalium hominum de , &c. inquiras ( inde appellatur Breve inquisitionis ) utrum A. captus , & detentus in Prisona , &c. pro morte W. unde rettatus ( i. e. accusatus existit ) sit odio , & atia , &c. nisi indictatus vel appellatus fucrit , coram Justitiariis nostris ultimo itincrantibus in partibus illis , & pro hoc captus , & Imprisonatus . For by the Common Law , in omnibus autem placitis de felonia , solet accusatus , per plegios dimitti , praeterquam de placito de homicidio , ubi ad terrorem aliter statutum est .

But this Writ was taken away by a late Statute , viz. in 28 E. 3. because as some pretended it became unnecessary , for that Justices of Assize , Justices of Oyer and Terminer , and Justices of Gaol-delivery came at the least into every County twice every year ; but within Twelve years after this Statute it was Enacted , That all Statutes made against Magna Charta should be void , whereby the Writs of Odio and Atia and De ponendo in Ballium are revived , and so in like cases upon all the Branches of Magna Charta : And therefore the Justices of Assize , Justices of Oyer and Terminer , and of Gaol-delivery , have not suffered the prisoner to be long detained , but at their next coming have given the prisoner full and speedy Justice by due Tryal , without detaining him long in prison , Coke's 2 Inst. 42 , 43.

A person examined may require a Copy of his Examination , take time to answer , and put his answer in writing , and keep a Copy of it , Coke's 2 Inst. 51.

All causes ought to be heard and determined before the Judges openly in the Kings Courts ; the King having distributed his Judicial power to several Courts of Justice , Coke's 2 Institutes 103.

If a prisoner be mute by act of God , The Judges who are to be of Council with the prisoner ex officio , ought to enquire if he be the same person , and of all other pleas which he might have pleaded ; But if it be by his own Act , he is to be forthwith put to his pennance , Coke's 2 Inst. 178.

If the Prisoner Demur , and it be Over-ruled he shall be hanged , but not have pain , fort & dure , ibidem .

Justices may punish any act done in deceit of the Court , 2 Inst. 215.

Judicis officium est Opus diei in die ipso perficere , according to the Statute of W. 1. cap. 47. and not defer it , or prefer others upon any request or importunity , Coke's 2 Inst. 256.

Sapientis Judicis est cogitare tantum sibi esse permissum quantum commissum & creditum , Coke 's 4 Inst. 163.

By Stat. 4 Jac. 1. cap. 1. It is provided , that whereas in regard of some difference , and inequality of the Laws , Tryals and Proceedings in case of Life , between the Justice of the Realm of England , and that of the Realm of Scotland ; It appeareth to be most convenient for the contentment and satisfaction of all his Majesties Subjects to proceed ( with all possible severity ) against such Offenders in their own Country according to the Laws of the same , whereunto they are Born and Inheritable , and by , and before the Natural Born Subjects of the same Realm , if they be there apprehended . And by the next Clause is provided , that Felonies committed by English Men in Scotland , shall be inquired of , heard and determined before Justices of Assize , or Commissioners of Oyer and Terminer and Gaol-delivery , being Natural born Subjects within the Realm of England and no other . And the like in another Clause , with an addition of Justices of the Peace to be Natural born Subjects within England , Coke's 3 Inst. 226.

Justices of the Kings-Bench , Oyer and Terminer , Gaol-delivery , and of the Peace may enquire of , hear , and determine all Murders , and Felonies within the Verge ; because their Jurisdiction and Authority are generally through the whole County , Coke's 4 Rep. 46 , 47. Case of Appeals .

The Justices of Assiz● have one Commission of Oyer and Terminer directed to them , and divers other Inhabitants of the Shires , whereunto their Circuits extend , whereof each of the Justices of Assize are of the Quorum , for offences hapning in their Circuits , which without this Commission they cannot do , Terms del Ley , Cok's 4 Inst. En le Table .

The Statute of 2 Ed. 3. requireth that no Commission of Oyer and Terminer be granted , but before Justices of one Bench or the other ; or Justices Itinerant , and that for horrible Trespasses .

Where the Commission of Oyer and Terminer lies in case of Extortions , by Under-sheriffs , Escheators , Clerks of Markets , Hunters in Parks , taking of Goods not Wreck'd , in vacancy of Bishopricks for Hunting in Parks , for Robbing Piscaries , and in many other cases the Forms of Writs and Associations , and si non omnes to them , Vide F. N. B. 243 to 251.

If the Trespass be not Enormis seu horribilis , a Writ of Supersedeas lieth , or Revelation , Coke's 2 Inst. 419.

Upon an Indictment found by the Commissioners before the Term , a Special Commission of Oyer and Terminer may be granted for them to proceed , altho' the Court of Kings Bench be sitting in the same County : But it is best for the Commission to bear Teste after the beginning of the Term : But General Commissions of Oyer and Terminer are suspended during the term or time the Kings Bench sits in the same County ; or if the Kings Bench be adjourned , the General Commission may proceed , Coke's 3 Inst. 27. Coke's 4 Inst. 163.

The Kings Bench is more than Eyre ; Therefore in Term time no Commissions of Oyer and Terminer , or Gaol-Delivery by the Common Law may sit in the County where the Kings Bench sitteth , for praesentia majoris cessat potestas minoris , and therewith agreeth 27 Ass. p. 1. But Carlisle and Erwing were Indicted and Arrained in London where the Murder was Committed , before Justices of Oyer and Terminer in the Term time , because in another County than where the Kings Bench sit , Coke's 9 Rep. 118. Lord Sanchar's Case .

For Tryal of Treasons Committed out of the Realm , &c. by Commissions appointed by the King , &c. See the Statute of 26 Hen. 8. 33 Hen. 8. 35 Hen. 8. 5 and 6. of Ed. 6 , &c.

If a Commission of Oyer and Terminer be discontinued or expired , &c. the Indictments and Records shall be removed into the Kings Bench , as to their proper Center , Coke's 2 Institutes 419.

The Courts of Special Justices of Oyer and Terminer .

THese Courts are Four in number , Raised by several Acts of Parliament , Two of which , viz. That concerning Purveyors , and that concerning Misdemeanors of Villains being obsolete We shall only give a Brief account of the Style , and Nature of the other Two , referring their Jurisdiction and Proceedings therein , to the Acts of Parliament themselves . And first of that concerning

Money collected for Houses of Correction , or for the Poor .

THis Court is Raised by the Statute of 39 Eliz. cap. 4. wherein is to be observed , That their Proceedings , Judgments , and Executions shall remain good , and available in Law , without any Redress to be had by Suit in any other Court ; as you may see more at large by the Statute , and Exposition thereof , in Coke's Fourth Institutes . And the other is concerning ,

Colledges , Hospitals , or Almshouses , for Charitable and Lawful purposes , and Uses .

BY the Statute of 39 Eliz. cap. 6. The Lord Chancellor ( or Chancellor for the Dutchy of Lancaster , for Lands in that County ) may award Commissions to the Bishop of the Diocess , and his Chancellor , and other persons of good and sound Behaviour ; To enquire of all Colledges , Hospitals , and other places Founded or Ordained for the Charitable relief of Poor , Aged , and Impotent people , Maimed Soldiers , Schools of Learning , Orphans , or for such other good , charitable , and lawful Purposes and Intents . And of all Lands , &c. given or appointed for those uses : As also for Reparations of all High-ways , Bridges , and Sea-Banks , for Maintenance of Free-Schools , and Poor Scholars , and of Orphans , and Fatherless Children , and such like good and lawful Charitable uses , and to enquire of the Abuses , Misdemeanors , Mis-employments , Falsities , defrauding the Trusts , Alienations , Misgovernments , &c. And to set down such Orders , Judgments , and Decrees , that the same may be observed in full , ample , and most liberal sort , &c. Which Orders , Judgments , and Decrees ( not being contrary to the Orders or Decrees of the Donors ) shall be firm , and good , and are to be certified by the Commissioners into the Chancery of England , or of the County Palatine of Lancaster , &c.

And it is to be observed , that when any Act of Parliament doth authorize the Lord Chancellor or Keeper to make a Commission under the Great Seal , he may do it without further Warrant , the King being party to the Act of Parliament .

But this Statute was afterwards Repealed by 43 Eliz. 4. Saving for the Excution of Orders and Decrees before made by Commissioners , according to the Statute .

And by the Statute of 43 Eliz. 4. It shall be lawful for the Lord Chancellor , or Lord Keeper for the time being , and for the Chancellor of the Dutchy of Lancaster ( within that Precinct ) to Award Commissions into any part of the Realm , respectively to the Bishop there and his Chancellor ( if any at that time ) and to other Persons of Good Behaviour , Authorizing Four or more of them to Inquire as well by the Oaths of Twelve , or more Lawful Men , as otherwise of all Grants , Gifts , Augmentations , Limitations , and Appointments , and of all Abuses and Misemployments of all Land , Tenements and Hereditaments , and of all Goods and Chattels given , limitted or appointed to Charitable uses , &c. See the Statute at large , and 21 Jac. 1. cap. 1.

The Court of Justices of Gaol-Delivery .

BY the Law Ne homines diu detineantur in Prisona ; but that they may receive , Plenam & celerem Justitiam . The Commission of Gaol-Delivery was Instituted 4 E. 3. and by this Commission Goals ought to be delivered Thrice in the year , and oftner if need be ; and the Authority given thereby consisteth in these few Words , Constituimus vos Justiciarios nostros ad Gaolam nostram Castri nostri de C. de Prisonibus in ea existentibus , hac vice deliberand' .

And these Justices may arraign any man in that Goal upon any Indictment for Felony , Trespass , &c. before Just●ces of Peace , though not found before themselves , which Justices of Oyer and Terminer cannot do ; and they may take a Pannel of a Jury Return'd by the Sheriff , without making any Precept to him , which Justices of Oyer and Terminer may not . To these Justices Commissions of Association , Writs of Admittance , and Si non omnes ( like as to Justices of Oyer and Terminer are directed ) and other Authorities , Jurisdictions , and Priviledges they have ; of which you may Read at large Coke's 4 Inst. cap. 30.

By the Statute of 6 R. 2.5 . Justices of Assize , and Gaol-Delivery shall hold their Sessions in the chief Towns of every County , where the Shire Courts there use to be holden .

By the Statute of 8 R. 2.2 . no man of Law shall be Justice of Assize or Gaol Delivery in his own Country ; and the Chief Justice of the Common-Bench shall be assigned amongst others to take Assizes , and to deliver Gaols ; but as to the Chief Justice of the Kings-Bench , it shall be as for the most part of 100 years last past hath been wont to be done .

By the Statute of 14 H. 6.3 . the Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden ( in the time of Peace and Truce ) in the City of Carlisle , and not elsewhere , according to the Statute of 6 R. 2 5.

By Stas . de Finibus levatis , cap. 3.27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols ; but if one of them be a Clerk , the other that is Lay , associating unto him one of the most discreet Knights of the County , shall deliver the Gaols .

The Justices shall then also Enquire , Whether Sheriffs , or any other , have let out by Plevin any Prisoners not pleviable , or have offended in any thing against the Statute of Westm. 2.13 E. 1. and shall punish them according to the force of the said Statute .

By the Statute of 2 E. 3 2. Justices of Gaol-delivery , and Oyer and Terminer , procured by Great Men , shall not be made against the Form of the Statute of 27 E. 1. cap. 3. And Assizes , Attaints , and Certifications , shall be hereafter taken before Justices commonly assigned , being good and lawful Men , and having knowledge in the Law , according to the Statute of Westm. 2.29 Ed. 1.

By the Statute of 4. E. 3.2 . good and discreet Persons shall be assigned in all Shires of England to take Assizes , Juries , and Certifications , and to deliver the Gaols Three times in the year at least .

Justices of Gaol-delivery shall have power to Deliver the Gaols of those that stand Indicted before the Kee●ers of the Peace , which Keepers shalt send those Indictments before the Justices of Gaol-delivery , who shall have power to Enquire of , and punish Sheriffs Gaolers and others , which do any thing against this Act.

Judges ought not to Deliver their Opinions before-hand of any Criminal Case , tha● may come before them Judicially ; For how can they ●e indifferent , who have delivered their Opinions before hand , wi●hout hearing of the party , Co. 3 Inst. 29.

By the Statute of 19 H. 7.10 . the Sheriff of every County shall have the keeping of the Common Gaol there , except such as are held by Inheritance or Succession ; Also all Letters Patents of the keeping of Gaols for Life or Years , are annulled and void . Howbeit neither the Kings-Bench nor Marshalsea sh●●l be in the custody of any Sheriff ; a●d the Patents of Edward Courtney Earl of Devon , and John Morgan , for Keeping of Prisons are excepted .

By the Statute of 6 Hen. 8.6 . the Justices of the King's - Bench have power ( by their Discretions ) to Remand as well the Bodies of Felons , as their Indictments into the Counties where such Felonies were committed ; and also to command the Justices of Gaol-delivery , of Peace , and all other Justices and Commissioners , there to proceed and determine such Felonies in like manner , as if their Bodies and Indictments had not been removed .

Justices of Gaol-delivery may take a Pannel of a Jury Returned by the Sheriff without making any Precept to him , as Justices of Oyer and Terminer ought to make , because a General Commandment is made to the Sheriff by the Justices of Gaol-delivery , to Return Juries against their coming .

They may deliver Suspects for Felony , &c. by Proclamation against whom there is no sufficient Evidence produced to the Great Inquest ▪ to Indict them , &c. which Justices of Oyer and Terminer or Justices of Peace cannot do .

If a Man be Indicted before Justices of the Peace , and thereupon Outlawed , and is taken and committed to Prison , the Justices of Gaol-delivery may award Execution of this Prisoner .

They may assign a Coroner to an Approver , and make Process against the Appellee in a Foreign County .

They may punish those that let Men to Bail or Mainprize which are not Bailable by Law , or suffer them to Escape .

By the Statute of 1 E. 6. In all Cases where any Person or Persons heretofore have been , or hereafter shall be found guilty of any manner of Treason , Murder , Manslaughter , Rape , or other Felony whatsoever ; for the which Judgment of Death should or may ensue , and shall be Repried to Prison without Judgment at that time given against him , her , or them , found so Guilty , that those Persons that at any time hereafter shall by the King's Letters Patents , be assigned Justices to deliver the Gaol where any such Person or Persons found Guilty shall remain ; shall have full Power and Authority to give Judgment of Death against such person so found Guilty and Repried , as the same Justices before whom such Person or Persons was or were found Guilty might have done , if their Commission of Gaol-Delivery had remained in force .

Justices of Gaol-Delivery shall send their Records and Process determined , and put in Execution to the Exchequer at Michaelmas every year , to be delivered there to the Treasurer and Chamberlains , &c. to keep them in the Treasury .

Justices of Gaol-delivery may receive Appeals of Robbery and Murder by Bill ; but the Appellees must be in Prison before them . Co. 4 Inst. c. 30.

And more of their Jurisdiction and Authority you may read in the Statutes at large .

The Court of Justices of the Forests .

THe word Forest is made by changing E. into O. from Feresta , ( hoc est , ) Ferarum statio ; it being a Mansion , or safe dwelling of all Beasts of the Wood , and this Forest doth consist of Eight things , viz. Soil , Covert , Laws , Courts , Judges , Officers , Game and certain Bounds ; of all which we shall speak somewhat in order as they lie . And First of

The Soil of the Forest , which is Woody ground where there is good Covert , and Fruitful Pastures ; and it is not material that the Wood belong to the King or another ; And when the King will make a Forest , a Writ shall be Issued to the Sheriff of the County where the Forest shall be , to Enquire what place shall be fit to make a Forest , who thereupon shall take an Inquest and Inquire of the content of the Place and the Bounds , and shall put the same Bounds in certainty , and all he doth he ought to return into the Chancery , and when the King is thereof ascertained by such matter of Record , the King shall by Letters Patents command the Sheriff to make Proclamation , That the place which he hath returned shall be afterwards a Forest , and that none shall Hunt within those Woods they being for his Pleasure to reserve the Wild Beasts , and Game to himself : And this Forest is not necessarily to be made in every County . But in

The Grand Covert , and Woody Ground where the Beasts may have place of Defence and Food , which are called Vert , and are to be preserved to the end that the Game may have both Shelter , and Browze ; And yet altho' such Commandment be made by the King as aforesaid , it is no Forest until Wild Beasts are put there , which sort of Wild Beasts are those which are herein after mentioned . And are called

The Game of the Forest , consisting of Seven kinds , which by the Laws of England are Beasts of the Forest , viz.

The Hart in Summer , The Hind in Winter , with their proceed which are thus Termed ; The Male , The first year A. Calf , The second A Brooket . The third A Spayad , The fourth A Staggard , The fifth A Stagg , The sixth A Hart. And so afterward the Female , The first year A Calf , The second A Brocketts Sister , The Third A Hinde .

The Buck in Summer , The Doe in Winter , with their proceed thus Termed ; The first year A Fawn , The second A Pricket , The third A Sorel , The fourth A Sore , The fifth A Buck of the First Head , The sixth A Great Buck.

The Hare Male , and Female , with their proceed which are called , The first year A Leveret , The second A Hare , The third A Great Hare .

The Wild Boar whose proceed is Termed ; The first year A Pig , The second A Hogg , The third A Hogg-stear , The fourth A Boar , and after A Sanglier ; And these four kinds being wholesome Food for Man , are called Beasts of Venery , and Venison .

But the other Three kinds as ,

The Wolf , The Marton , The Fox , being Solivaga , and Nociva , are not called Venison , although they are accompted Beasts of the Forest : And befor it be a perfect Forest , the King must appoint certain

Officers , Foresters , or Keepers , in Fee , or for Life , who by Charta de Foresta , are to be as many as shall seem sufficient ; Four Verderors , Twelve Regarders , Agistators Four , Under Foresters Eight , The Wood-ward and the Game-keeper , or Master of the Game of the Forest . The Forestor is made by Letters Patents , The Verderors by Writ ; How the Rest are made , and for their Authority , See the Books at large . And next we shall briefly describe .

The Courts of the Forests which are Four , To be held within the Forests at such places , times and in manner , herein after expressed , viz.

The Court of Attachments , or the Woodmote Court ; This is to be kept before the Verderors , every Forty days throughout the year , and thereupon it is called the Forty-day Court : At this Court the Foresters bring in the Attachments de Viridi , & Venatione , and the Presentments thereof , and the Verderors do Receive the same and Inrol them . But this Court can only Inquire and not Convict : But it is observed , That no Man is to be Attached by his Body for Vert or Venison , unless he be taken with the mayneer within the Forest , or otherwise the Attachment must be by his Goods .

The Court of Regard or Survey of Dogs , is holden every third year for Expeditation , or Lawing of Dogs .

The Court of Swanimote , is to be holden before the Verderors as Judges by the Steward of the Swanimote , thrice in the year ; and the Foresters ought to present their Attachments at the next Swanimote Court ; and the Freeholders within the Forest are to appear at the Swanimote to make Inquest and Juries : And this Court may Inquire De superoneratione Forestariorum , & aliorum Ministrorum Forestae , & de eorum Oppressionibus Populo Nostro illatis ; And this Court may not only Inquire , but Convict also , but not give Judgment .

The Court of the Justice Seat , holden before the Justice in Eyre of the Forest , who hath Authority and Jurisdiction to hear and determine concerning Vert and Venison , by force of Letters Patents under the Great Seal ; whereof there be Two , One for the Forests on this side Trent , the other beyond Trent ; by which Letters Patents the King doth grant unto him ,

Officium Guardiani , Capitalis Justiciarij , ac Justiciarij sui itinerantis , omnium & singularum Forestarum , Parcorum , & Warrenarum suarum , cum suis Pertinentijs quibuscunque ultra Trentam Existen' , &c. Dantes & concedentes eidem A. B. plenam Authoritatem , & Potestatem tenore praedictarum Litterarum Patentium ; Omnia , & omnimoda Placita , Querelas , & Causas Forestarum , Parcorum , Chacearum , & Warrenarum praed' , tam de Viridi Gram' , quam de Venatione , ac de alijs causis quibuscunque infra easdem Forestas , Parcos , Chaceas & Warrenas , eveniend' , sive emergen' audiend' , & determinand' , habend' , Occupand' , Gaudend' , & Exercend' , Officio praed' cum pertin' per se , vel per sufficient' . Deputatum suum sive Deputatos suos , suffic' durante vita ipsius A. B. &c.

And this Court of the Justice Seat cannot be kept oftner than every Third year , and other Justices in Eyre kept their Courts every Seventh year : And it must be Summoned Forty days at least before the Sitting thereof ; And one Writ of Summons is directed Custodi Forestae Domini Regis vel ejus Locum tenenti in eadem ; And this Writ consists of two parts : First , To Summon all the Officers of the Forest , and that they bring with them all Records , &c. Secondly , All persons who claim any Liberties or Franchises within the Forest , &c. and to shew how they claim the same : And this Court of Justice Seat hath Jurisdicton to Inquire , hear and determine two things : First , All Trespasses within the Forest , according to the Laws of the Forest : Secondly , All the claims of Franchises , Priviledges and Liberties within the Forest , as to have Parks , Warrens , Vivaries , to be quit of Asserts , and purprestures , To cut down his own Woods without view of the Forester , &c. And this Chief Justice may by the Statute of 32 Hen. 8. cap. 35. make his Deputy .

And for Reparation to the Justice Seat , is a Writ of Regard directed to the Sheriff of the County as followeth :

REx Vic Salutem , Praecipimus tibi quod venire fac' certis die & loco quos ad hoc duxerimus providend' , Omnes Forestarios , & Regardatores de Sherwood , ad Regard ' faciend' in Forest' praed' , ante adveni' Justiciariorum nostrorum de Foresta , & loco Regardatorum nostrorum qui mortui sunt , & infirmi alios Eligi fac' Ita quod 12 sunt in quolibet Regard' & Nomina illorum imbrevientur : Et Forestar' debent Jurare quod 12 Milites ducent per totam Ballivam suam advidendum omnes Transgressiones quae exprimuntur in Scriptis Capitulorum quae tibi mittimus , & hoc non omittent pro aliqua re : Debent etiam Milites jurare quod facient Regard ' sicut debet fieri , & solet . Et quod ibunt sicut Forestar ' eos ducent ad praedicta videnda , Et si Forest' noluerint eos ducere , vel aliquid forisfact' . Concelare noluerint , ipsi milites non Omittent pro illis , quin forisfac' illud , videant & imbreviari faciant : Et hoc pro nulla re demmittant . Et quod regard ' fiat cira Fest' Beati Petri ad Vincula prox . futur' , Teste , &c.

For the Duty of Foresters , Verderours Agistators , &c. in presenting Offences in the Forest , Vide Ordinatio Forestae , 34 Ed. 1. and Coke's 4 Inst. cap 73.

Any person having right to make any claim may in person , or by Attorney the first day of the Eyre Exhibit his Petition ; But he shall be fined if he make false Claim .

The other Writ of Summons is directed to the Sheriff of the County , and the substance thereof is to Summon all Archbishops , Bishops , Abbots , &c. having Lands , &c. within the Forest , and Four Men of every Village within the Forest , and all others who ought to come before the Justices of the Pleas of the Forest , That they be at Pickering Launce , &c. before Four Great Learned Men , Justices in Eyre of the Forest , to do what thereunto belongs , and to bring their Regards with all Attachments , &c. To which the Sheriffs make a full Return , &c. And next we are to speak somewhat of

The Laws of the Forest , which consist chiefly of the Statute De Charta de Foresta , and Ordinatio de Foresta , 34. E. 1. And Forest Laws of England , which are certain and established by Authority of Parliament : Of which you may Read in the Statutes at large .

And of Forests in England are Sixty nine ; of so great Antiquity , that no Record or History doth mention their Beginnings ; Except New Forest in Hampshire , Erected by W. the Conquerour as Conquerour ; And Hampton Court Forest , Erected by Hen. 8. by Authority of Parliament : And now we come to speak of

The Metes , and Bounds of the Forest according to Charta de Foresta , Hugh de Nevill , and Bryan de Lisle were appointed Commissioners to Inquire what were the ancient Metes , and Bounds of such Forests as Hen. 2. Or any King after him had enlarged , which with divers other Perambulations , and Deaforestations were made , and are returned into the Chancery , and remain of Record in the Tower .

And a Perambulation of the Forest of Sherwood , was made the 9 of Sept. 30 Hen. 8. By Robert Brimesly , and Fifteen others Regarders of that Forest , which Perambulation began from the King's Castle of Nottingham , and from thence proceeding to Kingsbridge Meadow Gate , from thence by the Old Trent , unto the Old Watercourse of Leen , &c. round the Forest . And now this leads incidently to speak of

The Purlieus , which containeth such grounds as H. 2. R. 1. or King John added to their Ancient Forests over others Mens grounds ; and which were Disaforested by force of the Statute of Charta de Forest' cap. 1. & 3. and the Perambulations , and Grants thereupon is derived from a French Adjective , and a French Noun , viz. Pur , which signifieth clear , entire and exempt and Lieu ( that is place ) as a place clear and exempt from the Forest : And both of these derived from the Latin adjective , and Noun , viz. Purus Locus . And the Serambulation whereby the Purlieu is Deafforested is called in French Pourallèe i. e. Perambulatio . By this it appeareth , That Chases that never were Forests cannot have any Purlieu , and consequently the case of 16 Eliz. Dyer 326. is mistaken , for the Chase of Whaddon never was a Forest .

The Owners of the Soil within the Purlieu may at their will and pleasure Fell , Cut down , Eradicate , and Stub up all Timber , Trees , Woods , and Under-woods , and convert the same into Arrable Land , or dispose and inclose the same , as if the same had never been Afforested .

The King's Ra●●gers may Re-chase with their Hounds any Deer out of the Purlieu into the Forest again , and may present unlawful Huntings , and Hunters of the Kings Deer within the Purlieu , as in the Night , or at unseasonable Deer , or by one no Purlieu Man . As appears by the Rangers Oath , Coke's 4 Inst. cap. 73. And where is no Purlieu , there are no Rangers .

The Kings Game or Deer are not marked , therefore Ranging out of the Forest , and Purlieu ( if any be ) belonging to the King : Therefo●e the Abbot of Whitby Huntting in Whitby Forest , adjoyning to the Forest of Pickering , which belonged to the Earl of Lancaster ; The Sheriff being commanded to Summon the Abbot before the Justices in Eyre , 8 E. 3. Rot. 42. He pleaded his Title to the Forest , and that all Abbots of that place by their Grants might with Engins , Netts , &c. take Wild Beasts .

By which it appears , That when the Kings Game range out of the Forest , they are at their natu●al Liberty , Et occupanti conceduntur . And now a word of

The Drifts of the Forests by the Statute of 32 Hen. 8. all Forests , Chases , Commons , Heaths , Moors and Wast grounds , within England and Wales , are to be driven at the Feast of St. Michael yearly , or within 15 days after , or at any other season or time of the year . And the end of these Drifts is , First , To see if those who ought to Common do Common with such Cattel as by Prescription , or Grant they ought : Secondly , That they do not Surcharge : Thirdly , If the Cattel of any Stranger be there who ought not to Common at all .

A Forrest being as it is described before , that which hath Power to hold the several Courts before mentioned ; it is further to be observed , That if the King having a Forest , grant the same to a Subject in Fee , the Grantee shall have no Forest , because he hath no power to make Justices , and Officers of the Forests to hold Courts , &c. But if the King grant a Forest to a Subject with this further , That upon request made in Chancery , he and his Heirs shall have Justices of the Forest , Then the Subject hath a Forest in Law . As the Duke of Lancaster had the Forests of Pickering and Lancaster . And the Abbot of Whitby had the Forest of Whitby in the County of York .

A Chase is where there are Keepers only , and no Court of Swanimote , but is governed by the Common Law . And when a Forest is granted by the King to a Subject ( without the Power above mentioned to have Justice of the Forest , ) Then that which was a Forest before , shall be said to be a Chase ; and a Chase is a certain compass of Ground to nourish and maintain Deer granted by the King in my own Land , and is not inclosed , but lieth open .

A Park is Land inclosed , and stored with Wild Beasts , which may be had by Prescription , as well as by Grant of the King ; and a Park is always inclosed with some Pale , Wall or the like , and is not open , for if it lie open , it is cause of Forfeiture or Seisure .

A Warren is where one by Grant of the King , or by Prescription , doth use to have Pheasants , Partridges , Conies , and Hares , and no other Wild Beast , or Vermin within certain of his Lands . And none may make a Warren but the King , no more than they may make a Forest , or Chase , because it is a special Priviledge which belongeth to the King only : But it may be had by Prescription . And in every Warren is a Master , and Servants to attend for the safeguard of the Beasts , and Birds of Warren ; but there is no Court of Swanimote or other Court ; For Trespass done in a Warren is punishable by the Common Law ; And the King may grant to me Warren which he hath in such his Demesne Land , And also which he hath in Lands of others ; And may grant me Waren in my Lands for Conies and Hares , and to an other that he have Warren there for Partridge , and Phesant ; And if the King grant that none shall Chase or Hunt any Beasts in my Land , it is a good grant for Beasts of Chase , and Warren , and it is not a Warren ; but a Free Chase . And for other matters relating to Forest , Park , Chase , and Warren , Vide compton's Jurisdiction of Courts and Coke's 4 Inst.

The Beasts of Park or Chase properly extend to the Buck , the Doe , the Fox , the Roe , the Marton , but in a common and Legal Sense , to all the Beasts of the Forest .

The Forest and Chase differ in Offices and Laws , every Forest is a Chase , but every Chase is not a Forest .

Beasts of Forest are properly a Hart , Hind , Buck , Hare , Boar , Wolf , ut supra but legally all Wild Beasts of Venery .

There are both Beasts and Fowls of Warren , as Hares , Conies and Roes called in Records Capreoli ; Fowls of two sorts , Terrestres and Aquatiles ; Terrestres of two sorts , Silvestres and Campestres ; Campestres as Partridge , Qu●il , Rail , &c. Silvestres as Phesants , Woodcock , &c Aquatiles , as Mallard , Hern , &c Of the Officers of Park , Forest , &c and Conditions annexed and causes of forfeiture , See Coke's 1 Inst. 233. a. b.

Vivarium is taken for Waters where Fishes are kept , Coke's 2 Inst. 162.

It is not lawful for any Man to Erect a Park , Chase or Warren without a License under the Great Seal of the King , who is Pater Patriae and Head of the Common-wealth , for the Common Law gave no way to matters of Pleasure , ( wherein most Men do exceed ) for that they brought no profit to the Common-wealth .

Unto a lawful Park three things are requisite . First , A Liberty either by Grant of the King , or by Prescription . Secondly , Inclosure by Pale , Wall or Hedge . Thirdly , Beasts Savages of Park .

By Stat. Westm. 1. cap 20. Trespasses in Parks and Vivaries shall make good , and high amends according to the manner of the Trepass , have Three years Imprisonment , make Fine to the King , or otherwise find Surety no more to Offend , or else to Abjure the Realm .

If one Hunt in a Park , or Fish in a Pond , altho' he kill no Deer , or take any Fish ; yet this is a Misfeazance within this Statute .

And this Act being Affirmative to the Common Law , the party may bring his Action upon this Statute , or may waive the benefit of this Act , and bring his Action of Trespass Generally at the Common Law .

If the Damages given be too small , the court may encrease the Damages .

The King may pardon the Exemplary Punishments , Coke's 2 Inst. 200 , 201.

To Steal a Tame Deer not known is no Felony , Coke's 2 Inst. 20.

The Office and Duty of Foresters , how to be executed by Deputy for a Woman ; of what a Forest doth consist , Co. 4 Inst. 289. What pastes by Grant of a Forest , See Coke's 4 Inst. 289 , 314.

Forests called Walds and Buckholts ; The several Courts of the Forest , Forests Laws , The Beasts and Seasons of the Beasts of the Forests , Deafforestations , Drifts of the Forests , Purlieus , Trespasses , &c. Vide Coke's 4 Inst.

Parks called by the Saxons , Deorfald of Herbage , and Pawnage in Parks .

The King cannot make a Forest or Park in other Mens Grounds .

Parks are not to be guided by Forest Laws , Coke's 4 Inst.

Where the Owners may cut down Woods in Free Chases , and where they must have Common ; And divers matters concerning Forests , Chases and Warens , See Coke's 4 Inst.

By the Statute of 22 E. 4. The Owner of Woods in Forest , &c. ought first to cut the Woods , and then to inclose .

By the Statute of 35 Hen. 8. They ought first to Inclose , and then within four Months cut the Wood ; And the Stature Westminster , De Malefactoribus in Parcis , Charta de Foresta , and other Acts concerning Forests , &c. are General Laws concerning all Persons , whereof the Court Ex Officio ought to take notice , Coke's 8 Rep 137 , 138. Sir Francis Barrington's Case .

If Fair , Market , Hundred , Leet , Park , Warren and the like are appendant to Mannors , or in Gross , and afterwards they come back to the King , they remain as they were before in Esse , not Drowned in the Crown , Coke's 9 Rep. 25. Abbot of Strata Marcella .

If License be given to a Duke to H●nt in a Park ; The Law for conveniency giveth him such attendance as is requisite to the Dignity of his Estate . And what shall be causes of Forfeiture of a Parkership , By cutting more than necessary for Browse , or Misusing , Nonusing or Refusing his Office , &c. Vide Coke's 9 Rep. 49 , 50. Earl of Shrewbury's Case .

None can make a Park , Chase or Warren in his own Land without the Kings License , and if he do in a Quo Warranto , they shall be seised into the Kings hands : But a Man for his Pleasure may Hawk , Hunt , &c. in his own Land without any License .

The King granted to another all the Wild Swans , between London-Bridge and Oxford , Coke's 11 Rep. 86 , 87. the Case of Monopolies .

More concerning Forests , Game , &c. and the Discovery and Punishment of Offenders therein ; you may Read in the Statutes concerning Forests , Deer-Stealers , Hunters and Game , &c. at large .

The Court of Justices in Eyre .

THey are Originally Instituted for the good Rule of the Subject , and for the Ease of the Countries , and that such as had Franchises might claim them . They were called Insticiarij in Itinere , or Itinerantes in respect of other Justices that were Residentes : In the Black Book in the Exchequer , they are called Insticiarij Deambulantes & , Perlustrantes .

Their Authority was by the Kings Writ in nature a Commission , And the Stile of their Court was , Placita de Juratis , & Assisis , & Coron' Itinere Johannis de Vallibus , & Sociorum Justic' Itiner' apud Ockham in Com' Rutland' in Crastino Epiphan' Dom' Anno Regni Regis Edw. 14.

They had Jurisdiction of all Pleas of the Crown , and all Actions Real , Personal and Mixt , they Rode and held their Courts , from Seven years , to Seven years ; and first they began with Pleas of the Crown . But now by the Statute of 27 Hen. 8. cap. 24. All Justices in Eyre must be by Letters Patents under the Great Seal .

In what County soever they came , All other Courts during the Eyre ceased , and all Pleas in that County or arising there before any other , The Justices in Eyre might proceed upon as the other might have done .

See the first part of the Institutes of their Antiquity , and Jurisdiction , and the Causes wherefore they vanished away ; And what Franchises , and Liberties , ought to be claimed before them , See the Case of the Abbot of Strata Marcella , Coke's Rep. Lib. 9.

Eyre Justices or Itinerant as we call them , were Justices that used to Ride from place to place throughout the Realm to Administer Justice ; And they had anciently Authority to Grant Land seized , for Alienation without License as Justices of the Forest , ( who in Effect as to this purpose are Justices in Eyre ) may do at this day of Land Inclosed without the Kings License , Terms del Ley.

Justiciarij Itinerantes were so called in respect , that the Justices residing at Westminster were Justiciarij Residentes , Eyre being Quasi Iter : And these Justices were much like in this Respect to the Justices of Assize at this day , altho' for Authority and manner of proceeding far different , and as the Justices of Assize by many Acts of Parliament , and other Commissions increased in power , so the Justices Itinerant vanished away , Coke's 1 Institutes 293. a.

The Court of Justices of Trailebaston .

FRom the Proceeding , being as quick as one might trail , or draw a Staff , and having some Powers like that of Oyer and Terminer , being also vanished we shall not further mention , but refer to Coke's 4 Inst. cap. 34.

Three new things which have fair pretences are commonly hurtful to the Common-wealth . First , New Courts . Secondly , New Offices either in Courts of Justice , or out of them , which cannot be done but by Parliament . Thirdly , New Corporations Trading into Foreign parts , and at home , which in the end produce Monopolies , Vide Stat. Art. super Chartas cap. 1. where was the first ground of raising the Justices of Trebaston or Trailbaston , who had such Authority as Justices in Eyre ; But albeit they had their Authority by Parliament ; yet Error upon their proceeding did lie in the Kings Bench : Which being known , and their Authority fettered with many Limitations , they by little and little vanished , Coke's 2 Inst. 540.

The Court of Wards and Liveries .

THis Court was raised by Authority of Parliament , 32 Hen. 8. cap. 46. concerning the Authority , and Jurisdiction whereof , you may see the Statute , and Coke's 4 Inst. cap. 35. To which I refer , it being now taken away by the Statute of 12 Car. 2. cap. 24. The Revenue of Excise being setled in the Crown instead thereof .

The Court of Ancient Demesne .

THis is in nature of a Court Baron , wherein the Suitors are Judges , and is no Court of Record , For Brevia Clausa Recordum non habent .

All those that hold of these Manors in Soccage are called Tenants in Ancient Demesne , and they Ploughed the Kings Demesnes of his Manors ; and Plowed , Sowed , Manured , and Managed all like necessaries to the Kings Husbandry ; And that they might apply themselves more freely to their Labours , They had Six Priviledges : 1st , Not to be impleaded for their Lands out of the Mannors ; But by the Little Writ of Right-close , directed to the Bailiffs of the Kings Manors , or to the Lord of the Manors , if in the hand of a Subject : 2ly , Not to be Impannelled to appear at Westminster , or else where upon any Inquest or Tryal : 3ly , To be Free of all Tolls for things concerning Husbandry , or Sustenance . 4ly , To be Free from Taxes , and Tallages by Parliaments , unless specially named : 5ly , Of Contributions to Expences of Knights of Parliament : 6ly , If they be severally distrained for other Services , they all may join in a Writ of Monstraverunt to save charges .

And these Priviledges remain , altho' the Manor be come to the hands of Subjects , and altho' their Services of the Plough , is for the most part changed into Money .

Lands in ancient Demesne may be extended upon a Statute Merchant , Staple or Elegit , and regularly all general Statutes extend to ancient Demesne : But Redisseisin , and some others do not lie in ancient Demesne , For which see Coke's 4 Institutes cap. 58. and their Priviledge doth not extend to Personal Actions , in which by common Intendment the Title of the Freehold cannot come in debate .

The Demandant cannot remove the Plea , but the Tenant may for Seven Causes , Vide Coke supra . Those Manors are called Ancient Demesne of the Crown , which were in the hands of St. Edward the Confessor , or William the Conqueror , and so expressed in Doomesday Book , begun in the 14 year of Will. the Conqueror 1081 , and finished in Six years ; And against this Book for Trial of Ancient Demesne lies no Averment . And therefore is like the Doom and Judgment at Doomes-day .

The Court of Commissioners of Sewers .

THeir Authority is by Commission under the Great Seal , Now grounded and warranted by the Statute of 23 H. 8. cap. 5. where upon mentioning only some Observations made by the Lord Coke , we shall briefly set forth their Juisdiction , and Authority .

First , That the Commissioners shall be named by the Lord Chancellor , Lord Treasurer , and two Chief Justices , or any Three of them , whereof the Lord Chancellor to be one .

Secondly , Every Commissioner must take the Oath prescribed by the Act before the Lord Chancellor or Justices of Peace in their Quarter Sessions , And ought to have Lands , &c. of Forty Marks yearly , and no Farmer of Lands within the Precinct of the Commission , unless he have Lands of Freehold worth 40 l. yearly .

Thirdly , The Avowry , or Justification for a Distress taken , shall be generally that the Distress was taken by force of the Commission for a Lot , or Tax Assessed by the Commission , or for such other cause .

Fourthly , There must be Six Commissioners to Sit by force of the Commission .

Fifthly , The Act of 23 Hen. 8. Doth not extend to reform Nusance by Sand rising out of the Sea , and driven to Land by Storms : A special Provision is therein made for the County of Glamorgan .

Sixthly , A Commission of Sewers shall continue Ten years , unless repealed ; or determined by any new Commission , or by Supersedeas .

Seventhly , That Laws , Ordinances , and Constitutions made by force of such Commission , and written in Parchment , and Indented under the Seals of the Commissioners , or Six of them , whereof one part to remain with the Clerk , and the other in such Place as Six of the Commissioners shall appoint , shall without the Royal Assent , or any Certificate stand in force .

Eighthly , That if any such Commission be determined by Expiration of Ten years from the Teste , Then such Laws so Indented , and Sealed shall stand in force for a year after , and the Justices of the Peace , or Six , ( whereof One to be of the Quorum ) shall have Power to Execute the same .

Ninthly , Upon granting a new Commission during that year , the Power of the Justices shall cease .

Tenthly , The Commissioners not to make any Certificate , or Return of their Commission , orany their Ordinances , Laws , and doings by force of the same .

Eleventhly , See an Alteration by the Statute of 13 Eliz. concerning Fees .

Twelfthly , Neither the Commissioners of Sewers , nor any other have any such Absolute Authority ; but their proceedings are bound by Law .

By Act of Parliament 3 Jac. 1. Walls , Ditches , Banks , Gutters , Sewers , Gates , Causeys , Bridges and Water-courses in or about the City of London , where is no Passage for Boats , nor the Water doth Ebb , and Flow , are made subject to the Commission of Sewers , which they were not before .

And of their Jurisdiction and Authority to Supervise all Walls , Sewers and Gutters , &c. upon the Sea-Coasts , and else where , and to enforce all Persons concerned to pay a proportionable part according to the Lands , or Estate they have towards the Repair of them , and to that end to make Laws , and Ordinances , and to force the Observation of them , Vide F. N. B. fo. 113 , 114. Coke's 4. Inst. cap. 62. And the Statutes at large .

And it is to be noted , that Sewer or Suera is derived from the word Sue , or Issue , as the Lord Coke observes , and taken for a Sewer , Channel or Gutter of Water .

The Court of Commissioners upon the Statute of Bankrupts .

THe name , and wickedness of Bankrupts , comes from Foreign Nations , for B●ruque in French is Mensa , and a Banqueror or Exchanger is Mensarius in Latine , and Rout is a Sign , or Mark metaphorically taken for one that hath so spent his Estate that nothing remains but the Mark , or mention thereof .

The Commission upon complaint made in Writing to the Lord Chancellor , is granted under the great Seal of England , and their Jurisdiction and Authority is declared and warranted by the Statute of 34 Hen. 8. being the first made against English Bankrupts , and the Statute of 13 Eliz. 7. and 1 Jac. 1. cap. 15. and 21 Jac. 1. cap. 19 , &c. And the Commissioners must pursue the Power given by those Acts , or they are liable to the Action of the Party grieved ; But they may plead generally .

They have power to Examine the Offender upon Oath , and after he be declared a Bankrupt , to Examine his Wife upon Oath , and Witnesses also , And have power to break open any Houses , Ware houses , Chambers , Trunks , Chests , &c. of the Offenders : For all which see Coke's 4 Inst. cap. 63. and the Statutes at large .

There is a Court called Curia Cursus Aquae apud Gravesend , and others like it in private , Of which it belongs not to us to treat .

Commissioners for Examination of Witnesses .

COmmissioners and Examiners are not bound strictly to the Letter of the Interrogatory , but ought to Explain every other thing which necessarily ariseth thereupon , for manifestation of the whole Truth .

They ought not to discover to either Party , or any other , any of the Depositions taken , before publication granted .

Nor ought to confer with either Party after the Examination begun , or take any new Instructions .

They must take the Depositions Gravely , Temperately , and without Menace , or Interruption in hindrance of the Truth , which are grievously to be punished ; And after the Depositions taken , must Read the same distinctly to the Witnesses , and suffer them to explain themselves , and it is safe that the Witnesses subscribe their Names , or Marks to the Paper-Book ; But they must be certified in Parchment .

Interrogatories ought to be Single , and Plain , Pertinent to the matter in question , but in no sort Captious , Leading , or Directory .

In some cases the Courts of Common Law judge upon Witnesses , but they must ever give their Testimony Viva Voce , as in Dower , if the Issue be whether the Husband be alive or no.

Bracton saith , an Alien may not be a Witness , but that must be understood an Alien Infidel , for the Bishop of Rosse a Scot was admitted a Witness , and Sworn , 4 Eliz. in the case of the Duke of Norfolk .

Witnesses , ought to come to be deposed untaught and without Instruction , And should say from his Heart , Non sum doctus , nec Instructus , nec curo de Victoria , modo ministretur Justitia , Coke's 4 Inst. cap. 64.

The King 's Swanherd .

HAth been of ancient time by his Office Magister deductus Cygnoram , And or his Authority you may Read in Rot. Patentium , Anno 11 H. 4. Part. 1 M. 14 , &c. and Coke's 4 ●nst . cap 66. But he hath no Court. No Powl can be an Estray but a Swan .

The King 's Aulneger .

AUlneger of Aulne in French , and that of Ulna . Ulnator : Is an ancient Officer of the Kings Gift before any Statute ; For in 14 Eliz. Sir Thomas Darlington was by the Kings Letters Patents Aulneger of Broad Cloath , and had a Fee of the King ; for the Fee he had of the Subject was by the Statute of 27 E. 3.

Of ancient time no Custom was paid by the English , or Stranger but for Wools , Woolfels , and Leather ; In the Reign of E. 3. a great part of the Wool was draped into Cloth , And it was adjudged notwithstanding , that because the Wool was changed by the Labour , and Industry of Man into another kind of Merchandizing , no Custom should be paid for it .

The first Act of Parliament that gave any Subsidy of Cloath was Anno 23 Ed. 3. ( not Printed ) viz. 14 d. of Lieges , and 21 d. of Strangers , for every Cloath of Assize , and 2 s. 4 d. of Lieges , and 3 s. 4 d. of Strangers , for every Cloath of Scarlet , and the reason of granting these of Broad Cloath was , Quia jam Magna Pars Lani Regni nostri in eodem Regno Pannificitur , &c. And for further satisfaction of the King for Customs of Wools , Anno 27 E. 3. A Subsidy was granted to the King , his Heirs and Successors ( over the Customs thereof due ) viz. of every whole Cloath of Assize not Ingrained 4 d. the Half Cloath 2 d. every whole Cloth Ingrained 5 d. the Half Cloth 2 d. 1/2 , The whole Cloth of Scarlet 6 d. The Half Cloath 3 d.

The Aulnegers Fee is granted by Act of Parliament , viz. for the Measuring of every whole Cloath of Assize of the Seller , a Half penny , and for the Half Cloth One farthing , and no more , and for Cloth less , or not to be sold , nothing .

Nota , Consuetudines , & Custumae , Customs and Subsidies are taken as Synonima's .

In Hillary Term Anno 2 Jac. 1. Upon Suit to the King by the Duke of Lenox ; a Question being moved , whether new Draperies , as Frizadoes , Bays , &c. were within the aforesaid Statute ; It was resolved by the Judges , That all new made Drapery made wholly of Wool , as Frizadoes , Bayes , Northern Dozens , &c. are to yield Subsidy , and Aulnage according to the Statute of 27 E. 3. But Fustians , Canvas , Sackcloth , &c. made meerly of other Stuff are not to be charged therewith .

The Government of Counties in England .

FOR the Civil Government of Counties , the King makes choice of some of the Nobility , Clergy , Gentry , and Lawyers , Men of Worth , and Parts , who have their usual Residence in the County , so many as the King pleaseth to keep the Peace of the County : And these by the Commission under the Great Seal are called

Justices of Peace , at first Styled , Wardens of the Peace ; and such whom the King most confideth in , in , or doth respect , are made Justices of the Quorum , so called from those words in the Commission , Quorum A.B. Unum esse volumus ; which imports , that some business of more importance may not be transacted without the presence or concurrence of one of them .

One of the principal Justices of the Peace and Quorum , is by the Lord Chancellor made Custos Rotulorum ; so called , because he hath the custody of the Rolls or Records of the Sessions , and is to bring them to each Quarter-Sessions .

Every Quarter of the year these Justices meet at the Chief or Shire Town , where the Grand Inquest or Jury of the County is Summoned to appear , who upon Oath are to Inquire of all Traytors , Hereticks , Thieves , Murderers , Money Coiners , Riots , &c. Those that appear to be guilty , are by the said Justices committed to Prison to be tryed at the next Assizes , when the Judges of Westminster come their Circuits before-mentioned .

Every County being subdivided into Hundreds , so called at first either for containing one Hundred Houses , or an Hundred bound to take Arms ; or Wapentakes , ( so called from touching a Weapon , as the manner at this day is in Sweden at their solemn Weddings , for their chief Witnesses to lay all their Hands upon a Launce or Pike ) every such Wapentake , or Hundred , hath commonly a Bayliff , a very ancient Officer , but now of small Authority : Also Officers called High-Constables , at First ordained by the Statute of Winchester , 13 Ed. 1. for Conservation of the Peace , and View of Armour ; they disperse Warrants , and the Orders of Justices of the Peace , to each Petit Constable .

There are also in every County Two Officers called Coroners , whose Office is to Inquire by a Jury of Neighbours , how and by whom any Person came by a Violent Death , and to enter the same upon Record , which is a Matter Criminal , and a Plea of the Crown , and thence they are called Crowners , or Coroners .

These are chosen by the Freeholders of the County , by virtue of a Writ out of the Chancery , they were Anciently men of Estates , Birth , and Honour .

Every County hath also A Clerk of the Market , whose Office is to keep a Standard of all Weights and Measures exactly according with the King's Standard , and kept in the Exchequer ; and to see that none other be used in the same County , to Seal all Weights and Measures made exactly by the Standard in his custody , and to burn such as are deficient .

And these Justices and Officers have every of their several and respective Courts within the County ; of which we shall briefly say somewhat particularly , and First of

The Court of the Sessions of the Peace .

BY Act of Parliament 1 E. 3. cap. 16. the King Wills , That for the better Keeping and Maintenance of the Peace , Good Men and Lawful be Assigned in every County to Keep the Peace . And thus began this Subordinate Government , for the Tranquility and Quiet of the Realm , which no part of the Christian World can parallel : But referring the Reader to several Acts of Parliament , and Authors who have Treated of their Jurisdiction and Authority both in and out of Sessions : We shall only make some short and brief Remarks and Observations thereupon . As , First ,

He that is named in the Commismission of the Peace under the Great Seal , is certainly a Justice of Peace ; Such of these in whom the King more particularly confideth are called Justices of the Quorum .

Their Office and Duty is to be considered , that some Things cannot be done without Two Justices , and in some cases One or Two must be of the Quorum ; and when a Statute appointeth a thing to be done by Two Justices ; if the Offence be against the Peace , one may grant a Warrant to bring the Offender before these Two Justices , or may take Bail for his Appearance at the next Sessions ; or he may bind him to the Good Behaviour , and so to appear at the next Sessions , but he may not determine the Matter alone . And whatever one Justice may do , may ever be done by more .

And they may be punished for their Neglect .

Any Justice may require any number of Men to assist him in his Duty , for apprehending all Felons , Murderers , and the like , and such as are able must obey them , or they may be bound to the Good Behaviour , or Fined for their Disobedience . But he cannot give Warrant to break open any mans House , to Search for a Felon , or stolen Goods , upon a bare Surmise .

A Justice of Peace may do all that a Constable or Private person may do , touching Keeping the Peace by Common Law .

They are in the Room of the Ancient Conservators of the Peace , and have the same power they had .

Where a Statute giveth a power in general of any Offence , and doth not mention where it is to be done , it cannot be done out of the Sessions of the Peace ; but if it give power to do a Special thing , it may be done out of any Sessions .

They must act cautiously in Execuing the power given them by Acts of Parliament , and see that they strictly pursue it ; and therefore must observe the words of the Statutes , which are penned diversly , and consider if they are not Repealed .

The Justices have power in small Offences , or Trespasses , to appoint such Recompence as he shall think fit ; and if he judge him unable , or if he do not make , and pay such Satisfaction , he may order him to be Whipp'd ; and for the second Offence he may order him to be bound to the Good Behaviour , or send him to the House of Correction .

If the Offender be able , he must bear the Charge of himself , and those who convey him to Prison , or otherwise the Justice may give Warrant to levy it upon his Goods .

Any one Justice may compel a Man to take Crack'd-Money , and may determine all Defaults about Money , 19 H. 7.15 . 17 E. 4.1 . 6 W. 3.

There must be Two or more about dividing of a Wood , being appointed thereunto by the Sessions upon the Lord's Complaint , 35 H. 8.7 . 13 E.

Any Justice of Peace may require such as are between 15 , and 60 years of Age , to be Sworn to Keep the Peace .

There must be Two Justices , one Quorum , to give the Sheriff , and his Bayliffs , and Deputies their Oaths , and this Exì officio without Commission ; otherwise of a Special Bayliff . See 27 Eliz. 12.

Recognizances must be Certified next Assizes , or Sessions , 5 & 6 Ed. 6 25.

A Supersedeas out of Chancery is to be certified at the Sessions , together with the Recognizance .

A Certiorari brought before the Day , will discharge the Recognizance ; and this Writ of Certiorari comes from the Chancery .

If any Officer have a Warrant from a Justice of Peace , and shall have a Supersedeas from the Chancery , or Kings-Bench , or any Justice of Peace of the County , and yet urge the party to find Sureties , he may refuse to give it , and if he arrest him he shall have False Imprisonment against him .

An Alias Capias , or Exigent awarded against one Indicted of Trespass , or the like , upon Surety found in Chancery , may be stayed from thence , or the Sheriff commanded not to arrest him ; or if he be arrested , to take Sureties and let him go . So , when he hath given Sureties .

Two Justices , Quorum unus ( some say one Justice ) may grant a Supersedeas .

The Certiorari to remove the Record is in it self a Supersedeas , but a Man may have a Supersedeas to the Sheriff also .

Supplicavit is a Command out of Chancery , or Kings-Bench , to bind some one to the Peace , or Good Behaviour ; concerning which Seven things are observable . Vide Shepherd's Justice 224.

Mittimus is the Warrant to send the Prisoner to Gaol , and it must be in Writing under Hand and Seal , unless it be by Order of Sessions : The Cause must be expressed , otherwise it will not be the same Offence in him who suffers an Escape : If it be without Bail , or Mainprize , and yet the Cause expressed is Bailable , other Justices may Bail him .

The Conviction of Offenders by the Common Law is by Indictment and Jury ; For Trial by Examination and Witnesses , is not allowed but where it is at the Discretion of the Justices , or so directed by Statute .

Justices of Peace ought to be cautious ; for they may be Punished either in the Sessions , or by Justices of Assize .

Their Reward is 4 s. per Diem for themselves , and 2 s. per Diem for their Clerks , to be paid with their Charges in some Cases out of Fines levied by the Sheriff , besides several Fees , and other Allowances . Vide Shepherd's Justice . They shall not be punished for Ignorance , &c.

The Sessions is a Court where the Justices sit for Execution of their Office ; and there are Two kinds of Sessions .

The General , or Quarter-Sessions , for General Execution of their Commission over all their Limits , and kept Quarterly , viz. In the first Week after Epiphany , The first Week after the Clause of Easter , The first Week after Translation of St. Thomas the Martyr , being the 7th of July , And the first Week after St. Michael ( or more often , if need be , ) And in this Court the Justices are Judges , of whom there may not be less than Two , whereof one of the Quorum : And they ought to sit at the most Principal and Chief Towns , and where it hath been usually held . And all things done before them are of Record , against which no Averment lieth . And for their several Powers and Jurisdictions , besides what is mentioned before , you may read the Statutes and Authors at large , who treat thereupon ; To whom we refer , and pass on to their Power in

The Special Sessions , which is of Special use , for Ridding the Gaols , and other purposes ; And herein they may take as much , and as little business upon them , as they please , and have ( unless in some particular cases ) the same Power as in their Quarter-Sessions . And this Special Sessions may be kept at any place , and held at any time , and as long as the Justices think fit , and may be kept by One Justice , or more , who have like power in many cases with the Justices in or out of their Quarter-Sessions ; of which you may read more in Authors at large .

And this Special Sessions is also sometimes called Statute Sessions , It being enjoyned by several Statutes , that they with the Constables of every Hundred do meet , and that Masters and Servants do appear , for deciding Differences , Rating Servant's Wages , and bestowing of People are fit to Serve , and Refuse , or cannot get Masters in Service : And now a word or two of their manner of

Proceeding , which in an ordinary way lieth in Three things : 1. Information , 2 , Hearing and Tryal , 3. In giving Judgment and doing Execution .

By Information the Judges of these Courts take knowledge of Offences , either by presentment of Publick Officers , as Stewards of Leets , Supervisors of High-ways , Constables , or the like : And these are not sent to the Grand Jury to be found by them , but are a Perfect Information of themselves , to which the party accused must answer . And the Information given by the Jury , is Two ways , either by Indictment or , Presentment ; and the Justices are to receive in this such Indictments they ought but none other ; and they must ex officio see they are well drawn .

A Justice may present Defaults , as of High-ways , &c. upon his own View-And any Man may Inform against Offenders without danger : But these Common Informers must be allowed of Record , and if once turned out , are never again to be admitted ; and must prosecute within the time limited by the Statute of 31 Eliz. and must bring his Informations in the same County , and to these ends must be sworn , 21 Jac. 1.4 . And now we proceed to

Hearing and Tryal , in which are included the Calling the party , his Appearance and Defence . The Process for Calling the party upon Indictments for Treason , or Felony , is 1. Capias , 2. Alias Capias , 3. Exigi facias . If for Indictments of Lesser offences , a Venire facias , and if Sufficient then Distringas , and Process Infinite . But if Nihil habet be Returned , then Capias , Alias , Pluries , and Exigi facias .

The Process upon any Indictment , or Presentment for an Offence against a Statute , shall be such as the Statute shall direct ; otherwise , the Ordinary Process of the Common Law . There are other Processes , as Freri Facias , and Capias after Judgment , for doing Execution , 5 amp ; 6 Ed. 6.14 . and in some cases Elegit . See 31 Eliz. 7.

But touching Process Three things must be observed ; 1. That no Process Issue but upon Inquisition of Twelve Men , or Return of a Sworn Officer , some Special Cases excepted ; 2. They are not granted upon Suggestion by Word , or Writing ; 3. Nor may Process Issue , but Sedente Curia ; And sometimes the party comes in by

Recognizances , which are to be Certisied to the next Sessions after they are taken , when and where the Appearance of the party , or his Default of Appearance is Recorded and Certified . And Bail is to be taken Quando stat indifferenter , but not otherwise .

The Justices cannot Award Process upon Recognizance forfeited , but must certifie the same , and the cause of Forfeiture into some of the Courts of Record at Westminster , That Process may Issue from thence .

Supersedew from above , must be brought by the party at the Sessions , for if he send , it will scarcely be allowed .

If one be bound to appear at the Quarter Sessions , he must appear there , If at the Sessions ; he may appear at any Sessions , Dalt . J.P. 237.

Certiorari coming before the day to remove the Recognizance into the Chancery , or Kings Bench , will discharge the appearance , Dalt . J. P. 237.

After Appearance the Party must either confess , and submit to the Fine , or Traverse the Charge , and if so he must be bound to Prosecute it , unless it be Tryed presently , which must be by Pety-Jury . And this is called an

Arraignment or Tryal , and if they pass for the King , And find him guilty of the offence , or he confess it , or stand out an Utlary , so that it come to a

Conviction , Then are the Justices to give Judgment , and see Execution done according to Law , In which they must observe these Rules . First , In giving

Judgment , They must adjudge Men according to Law , For where the Law appointeth a Corporal , they may not inflict a Pecuniary Punishment , Et sic è converso . Neither may the change the Degree of Punishment : They have power to inflict Corporal Punishments , as Death , cutting of the Parts of the Body , Burning or Marking , Imprisoning , Whipping , Stocking or Cucking Stool , and Pecuniary Punishments , as loss of Offices , Lands or Goods , Fines or Issues , Amerciaments : In fame , as to Brand a Man that is Perjured , that his Testimony afterwards shall be of no Credit ; They may not set a Fine , or Amerciament but Sedente Curia , and all Fines must be reasonable , Where the Stature appoints a Penalty , no other can be imposed , neither may the Justices mitigate it after the Party is Convicted by Confession , or otherwise ; But if the Party Indicted before his Conviction come into Court , and Protest his Innocency ; yet Quia noluit placitare , &c. he putteth himeself to the grace of the Court , the Justices may , and do usually Impose a Moderate Fine , and by Order forbear the prosecution . Other Judgments being rarely or more seldom given , or Executed by Order of these Courts , or the Sessions ; But the Pillory , Whipping , or Fine , The Execution of the two first being commonly known , we shall only speake of The

Fine which , if it be at Common Law , hath Imprisonment incident , till it be paid , yet in such Case the Justices , may take a Recognizance for Payment of it , and deliver the Party out of Prison , or they may cause the Clerk of the Peace to Estreat all Fines , and Amerciaments , by Indenture into the Exchequer , for the Sheriff to levy , and they are to keep one part of the Indenture themselves . Thus having giving a Short view of the Jurisdictions , and Proceedings of these Justices in their Sessions , I refer all other Matters concerning them , and their Authority to the Authors , who have written largely upon that Subject .

The Court of Inquiry of the Defaults of Justices of Peace , Justices of Assize , Sheriffs , and Under-sheriffs , &c.

THis Court is raised by the Statute of 2 Hen. 5. And is a Court only of Inquiry touching the Execution of the Statute of 13 Hen. 4 cap. 7. concerning Riots , Routs , and unlawful Assemblies , And they are to certifie their Inquests incontinently into the Chancery , As by the said Statute more at large appeareth , See 19 Hen. 7. cap. 13.

For the Execution of Laws in each County .

THe King every Michaelmas Term , upon nominating six by the Justices Itinerant , Three whereof are Struck out by the Lord Chancellor , Treasurer and Judges , out of the remaining three ; about Crastino Animarum yearly pricks one fit person for Sheriff of each County , ( except for Westmoreland and Durham ) which are Hereditary , who is to Execute the Kings Mandates , and all Writs directed to him out of the Kings Courts , Impannel Juries , bring Causes and Criminals to Tryal , and to see Sentences both in Civil and Criminal Affairs Exectuted , To attend , and Guard the Itinerant Judges twice a year while in their County , with great Pomp , and Feasting at the Assizes , and hath attendant on him his Under-sheriff , Clerks , Stewards of Courts , Bailiffs of Hundreds , Constables , Gaolers , Serjeants , and Beadles , with a Train of Servants on Horseback in rich Liveries , at the Reception of the Judges . He Collects all publick Profits , Fines , &c. of the County . And for Exercising his Judicial Power hath these Courts .

The Court of the Tourn .

THe Tourn called anciently Shiregmote , Is a Court of Record holden before the Sheriff , The ancient Institution whereof by King Alfred was before Magna Charta , To hear and determine all Felonies ( Death of Man excepted ) and Common Nusances . See the Charter of William the Conqueror : Magna Charta and Exposition thereupon , the second part of Coke's Institutes , and Coke's 4 Institutes , cap. 53.

The Stile of this Court is , Curia Visus Franc' pleg' Domini Regis apud B. coram Vicecomite in Turno suo ; And seems to have its Denomination from the French Tour ( i. e. ) Ambitus , circuitus , And is as much to say as , The Sheriffs Course , or Perambulation ; For which and the Articles Inquirable there , See Greenwoods Jurisdiction of County , Courts , and other Authors at large , and Coke's 4 Institutes cap. 53. And this Court is said to be Schola Insigniendi Juvenes , A School to Instruct young Men in the ancient Laws of the Kingdom .

The Court of Leet , or View of Frank-pledge .

THis is a Court of Record , at the first derived and taken out at the Tourn , because the people did undergo great trouble in travelling to the Sheriffs Tourn ; Leets , or Views of Frankpledge were granted to Lords of Manors , within certain Precincts ; yet this Court in whose Manor soever it is kept , is still accompted the Kings Court , because the Authority is Originally apertaining to the Crown , and thence derived to inferior persons , And whosoever hath the Leet , hath the same Authority within the Precinct , as the Sheriff hath within the Tourn . And Lep or Leet is a Saxon word from the Verb Zelepian , ( z ) being added Euphoniae gratia , i. e. Convenire to assemble together , unde Conveutus .

And the Stile of this Court is , Curia Visus Franc' pleg' tent' apud B. coram A.B. Seneschallo .

This Court of the Leet , as likewise the Tourn , are Instituted for the Common Weal ; As for Conservation of the Kings Peace , Punishment of Common Nusance , as for selling Corrupt Wines , and Victuals , &c. And by divers Acts of Parliament , the Jurisdiction of this Court hath been increased , to the end the Subject might have remedy , and Justice at his own Door . And therefore the Steward ought to be knowing in the Law , for Ignorantia Judicis , est calamitas Innocent is : Of the Antiquity and Jurisdiction of this Court which is very ample , you may Read more at large , Coke's 2 Institutes , Magna Charta , cap. 17.35 . & 4 Institutes cap. 54 ,

There are Three things to be considered in holding of Tourns , or Leets .

1st , Time which must be twice in a year , viz. within one Month after Easter , and one Month after Michaelmas , at the Tourn after Earst , No Actions Popular are to be inquired after , &c But only to take their Suit who are Suitors , which at the Sheriffs Tourn are all Men from 12 to 60 years of age within the County , ( Ecclesiastical Persons , Peers , and Women excepted ) and at the Leet the like Persons within the Precinct , which is called Suit Real , by Reason of their Allegiance to which they are Sworn to be true , and Loyal to the King ; and to take the view , &c. And at the Tourn , or Leet after Michaelmas , then to inquire of such things which are inquirable there .

2ly , The place where the Leet is to be holden , and that must be within the Precinct , or Liberty in Loco debito , & cosueto , and if it be done otherwise , whatever is acted in it is void .

3ly , The Persons who are all Freeholders within the Precinct , or Liberty , and are obliged to come by the Service of their Fees , and all others of fit age , except the persons above mentioned to be excepted .

The Sheriff in the Tourn , or Steward in the Leet , as Judge hath a double Authority : 1. Election of Officers : 2. Punishment of Offenders , And this Punishment of Offenders is in a twofold manner , and in it are to be respected . 1. Actus Curiae for Punition of Offences in Curia , where the Sheriff , or Steward as Judge , may punish by Fine ; without Inquiry by the Country , &c. As if a Juror sworn refuse to make Presentment , depart without giving his Verdict , or refuse to be Sworn , the Steward may impose a reasonable Fine upon him : 2. Actus Patriae for Punishment of Offences Extra Curiam , where the Jurors who are sworn have peculiar Cognizance , and have Authority to Present and to Assess Amerciaments , for them .

And the Sheriff , or Steward by the Statute of 18 Ed. 1. may Inquire of several Misdemeanors from the highest Treason , to the lowest Trespass , tho' not here punishable ; He may also Impannel a Second Jury , to Enquire of the Defaults and Concealments of the First , and so Fine them for their offence . And for default of Resiants , he may compel a Stranger coming within the view , to be of the Inquest . And the Officers he hath Election of are .

The Bailiff , who is to Collect the Rents , and Profits of the Manor , or Liberty , and Give a true accompt thereof , and to execute all the Precepts of the Court.

The Constables who are chosen , and are to see the publick peace kept , Watch and Ward observed ; Learn the Contents of the Statute of Winchester made against Rogues , &c. And to punish such as play at unlawful Games .

The County Court .

THe Stile of this Court is , Bucks Curia prima Comitatus E.C. Militis , Vicecomiti Com. praedict' , Tent' apud B. &c.

And the next Court is Curia secunda E. C. &c. And soforth of the rest .

Of the Jurisdiction and Authority of this Court you may Read in the Statute of Magna Charta cap. 35. The Suitors are Judges , except in a Redisseis in the Sheriff is Judge , and a Writ of Errour lieth upon his Judgment ; And being no Court of Record , It holdeth no Plea of any Debt , or Damages to the value of Forty shillings or above , Nor of any Trespass Vi & armis , because a Fine was due thereby to the King ; But of Debt , Detinue , Trespass , and other Actions personal above Forty shillings , The Sheriff may hold Plea by force of a Writ of Justicies , for that is in nature of a Commission to him , and is Vicountiel and not returnable ; And the Sheriff may before any County Court , award a Summons to his Bailiff , returnable within two or three days at his Discretion , to Summon the Defendant by his Goods , &c. to answer , and if the Bailiff return Nihil , and the Plaintiff remove the same by a Pone , into the Common-Pleas , that Court shall not grant a Capias , for the nature of the Writ doth not warrant a Capias , and the Sheriff could not grant the same , neither doth the Writ of Justicies alter the nature of the Court of the County , for therein the Sheriff is not Judge , but the Suitors ; and upon a Judgment given therein , a Writ of False Judgment doth lie , and not a Writ of Errour . And in divers Real Actions a Writ of Justicies doth lie , as in Breve de Admeasurement of Dower , of Pasture , De Nusance , &c. As by our Books may appear . And Pleas ought not to be hence removed ( without cause , ) as appears by the Writs of Pone , Recordare , The Writ of False Judgment , Accedas ad Curiam , which are yet in use .

In this Court upon the Exigent after Quint' Exact ' , The Coroners give Judgment , Ideo Utlagetur per Judicium Coronatoris ; But by this Judgment No Goods are forfeited before the Outlary appear of Record , and that is the Reason , that no Man can Claim the Goods of Outlaws by Prescription , neither shall such an Outlawry disable the party till the Exigent be returned .

This Court is holden at any place within the County , except in Northumberland , Sussex and Chester , where it is limited to be held at certain places by Statute ; And is to be holden once every Month , counting 28 days to the Month.

No Fine can here be inposed , because it is no Court of Record : But a Man may be there amercied for Contempt , or Disturbance of the Court , In the presence of the Court.

And in this Court are these Officers .

The Sheriff who is Elected yearly , Crastino Animarum by the Statute of 9 E. 2. and 14 E. 3. cap. 7. And his Letters Patents bear date commonly the sixth of Novemb. unless in case of necessity : And before the next County day after his Election , and Discharge of the old Sheriff , he ought to depute .

A County Clerk , who according to Fleta ought to be Endued with Circumspection , Fidelity , Providence , Humility , Peace , and Modesty , Expert in the Laws and Customs of his Country , and of ability to direct the Bailiffs , and other Ministers in Dubious Things . He may not Practise as an Attorney at the same time , nor Act without consent of Suitors ; he must Depute honest able Bailisss to Execute the Process , and Precepts of the Court , and after Plaints entred ( which must be in full County Sedente Curia , Except in case of Replevins ) he must Issue sufficient Precepts directed to his Bailiff to Attach , or Warn the Defendants to appear at next County Court , and at the Adjournment of every Court , must appoint a day certain for the next Court ; To the intent the Country may know when to Resort thither , to hear the King's Exigents , and Proclamations read .

The Coroner is a Principal Officer , being chosen in this Court by a Writ De Coronatore eligendo directed to the Sheriff , whereupon he is chosen by the Freeholders , or Suitors in full Court , and is there published ; and afterwards his Election certified into the Chancery by the Sheriff , and the County Clerk Administers to him an Oath for due Execution of his Office : then he Sits there with the Sheriff every County Court , where Exigents and Proclamamations being proclaimed five County days , Once in open Sessions , and once at the Church Door , If at the fifth County day the Defendant appear not , the Coroner gives Judgment , That he be out of the King's Protection , and out of the Aid of the Law . A Man being then said to be Outlawed as it were Extra Legem positus , because he is supposed to be once Sworn to the Law ; But a Woman is said to be waved , ( Waviatur ) because she was never Sworn to the Law .

The Attorneys may do all things in the Name , and as the Act of him who gave them the Authority , as if he did it himself , For he is Aliorum Negotiorum Gestor , and Qui per alium facit , per seipsum facere videtur . And these ought to be honest , and just , according to their Oath . And ought not to delay their Clients , ( Argenti gratia ) not demand Moneys otherwise than is allowed them by the Court.

The Bailiffs are Servants and Ministers of the Law , and by Consequence to the party at whose Suit he is to distrain , And therefore ought to be True , Vigilant , and not exoculated with Bribes ; Ought to be contented with the Fees allowed , for if they Extort more , or commit any Error contrary to their Precept , they forfeit Forty shillings , by the Stature of 27 Eliz. No Bailiff , or other Person , ought to take a Distress or Execute Process , till he be Sworn , but now Experience shews the Contrary . King Alfred hanged Judge Arnold for saving a Bailiff from Death , who had robbed the People by Distress , and for Extorting of Fees .

The Court of the Hundred .

AS the Leet was derived for the Ease of the People out of the Tourn ; So this Court of the Hundred for the same cause was derived out of the Court of the County ; And is ( in nature ) a Court Baron , where the Suitors are Judges , and is no Court of Record .

The Stile of this Court is , Curia E. C. Milit is Hundredi sui de B. in Com' Bucks , Tent' , &c. coram A. B. Senceschallo ibidem .

Officers Incident to this Court , are chiefly the Constables of the Hundred commonly called ,

The Chief Constables , so named , because the Constables of Towns are called Petit Constables ; The Constables of the Hundred are Created by the Statute of Winchester 13 E. 1. And their Authority thereby limitted to five things : 1st , To make view of Armour : 2ly , To present before Justices Assigned all such Defaults , they see in the Country about Armour : 3ly , Defaults of Suits of Towns : 4ly , Of High-ways : 5ly , To present such as lodge Strangers in uplandish Towns , for whom they will not Answer .

And these disperse all Warrants of the Justices of Peace to the Petit Constable ; and divers other Authorities are given to them , and the Petit Constables by Acts of Parliament , which they must strictly observe ; For that no Officer constituted by Act of Parliament , may Prescribe as the Officer by the Common Law may .

Term. 2 Car. Regis , Fortescu of Bucks Plaintiff , and the Sheriff of the same Defendant , The Plaintiff had divers Hundreds granted to him for Life , Reserving a Rent which the Sheriff disallowed , and put in Bailiffs of his own ; And the Attorney General was commanded to avoid the like in other Counties , for that they were against Law , and belonged to the Office of the Sheriff .

And this division of Counties into Hundreds is very Ancient , and thought to be so called at first , either for containing an Hundred Houses , or an Hundred Men bound to bear Arms , and hath ( commonly a Bailiff an Ancient Officer , but now of small Authority , And if there be a Bailiff of a Liberty , Or a Sheriff's Bailiff of a Hundred Wapentake , or Tything , which hath not Lands or Tenements sufficient within the County , there lieth a Writ De Ballivo Amovendo , by the Statute of 4. E. 3. cap. 9.

The Court Baron .

THe Stile of this Court is , Curia Baronis A. B. Militis Manerij sui praedicti , ( having the name of the Manor written in the Margent ) Tent' tali die , &c. coram C.D. Seneschallo ibidem ; And being calle Barons Court is the same as to say , Freeholders Court .

This Court is incident to every Manor , and is of Two natures : The First by the Common Law , and the Suitors thereof are Judges , although the Plea be holden by force of a Writ of Right , and this is called a Court Baron , and may be holden from Three Weeks , to Three Weeks : The Second is a Customary Court , and that doth concern Copyholderss , And therein the Lord or his Steward is Judge .

And for as much as the Title , or Estate of the Copyholder is entred in the Roll , whereof the Steward delivereth him a Copy , he is therefore called Copyholder .

And as there can be no Court Baron without Freeholders , So no Customary Court without Copyholders ; And a● there may be a Court Baron of Freeholders only , and then the Steward is Register ; So their may be a Customary Court of Copyholders only , and then is the Lord or his Steward Judge .

And when the Court Baron is of this Double Nature , The Court Roll containeth matters appertaining to the Court Baron , as also to the Customary Court .

For the Antiquity f this Court , it is to be observed , That by the Laws and Ordinances of King Alfred , and others , It appeareth , That the First Kings of this Realm , had all the Lands of England in Demesne ; And Les grand Mannors , and Royalties they Reserved to themselves , and of the Remnant , they ( for the Defence of the Realm ) Enfeoffed the Barons , ( under which Name are comprised all the Nobility , ) with the like Jurisdiction the Court Baron now hath .

And this Court was first Instituted for the ease of the Tenants , and for the ending of Suits for Debts and Damages under Forty shillings : And this Court may be held at any place within the Manor , unless a Lord who hath Two or Three Manors , hath usually kept at one of them Courts for all the said Manors .

For the Customs , and manner of Proceeding in this Court , you may Read more at large in Coke's 1 Inst. sect . 73. Greenwood of Courts , Shepheard's , Court-keepers guide , &c.

The Court of the Coroner .

THe Coroner Coronator , is so called , because he deals principally with Pleas of the Crown , Or Matters concerning the Crown ; And as appears by the Writ De Coronatore Eligendo , he is Eligible by the Freeholders of the County , and after he is Elected , the Sheriff gives unto him his Oath duly to Execute his Office ; and being thus Eligible ( as the Sheriff and Conservators of the Peace were in ancient Times , ) they continue notwithstanding the Demise of the King . And of these are Fout in every County ; But in the Twelve Shires of Wales , and Cheshire are but Two , and sometimes Six in a County , and sometimes but one .

The Court which he holdeth is a Court of Record , And as the Sheriff in his Tourn may Inquire of all Felonies by the Common Law , except the Death of Man ; So the Coroner can Inquire of no Felony but the Death of Man , and that super visum Corporis ; He may also Inquire of the Escape of the Murderer , of Treasure Trove , Deodands , and Wrecks of the Sea .

Besides his Judicial place , he hath also Authority Ministerial as Sheriff , &c. When there is just Exception ▪ to the Sheriff , Judicial Process shall be awarded to the Coroner for the Execution of the King's Writs ; in which case he is Locum tenens Vicecomitis , and in some especial Case the King 's Original Writ shall be directed to him .

In ancient time none might have this Office but a Knight , and he must have sufficient Lands within the County , whereof he may answer all People : But more concerning this matter you may see in Coke's 4 Institutes cap. 59.

And besides these General Coroners of Counties , there are Special Coroners of Liberties , and Priviledged Places , who have the like Jurisdiction , and Power within those Places , as the other have in the County , Vide Stat. de Coronatoribus , 3 and 4. E. 1.

When any person hath Murdered himself , or is Felo de se , The Coroner goeth to view the Body , and maketh out his Warrant to the Bailiffs of the Liberty to Summon a Jury , And further .

For the manner and method of keeping this Court ; See Greenwood of Courts , and others who treat thereupon .

The Court of Escheators and Commissioners for finding of Offices .

THis Office is in the Gift of the Lord Treasurer , who grants it by Deed , and he is to continue in his Office but one year , or Once in Three years , and are One in every County .

And this name Escheator cometh from the word Escheata , a word of Art derived from the French word Eschear ( i. e. ) excidere or accidere to happen , and signifies properly when the Lands by accident Fall to the Lord of whom they are Holden ; And then we say the Fee is Escheated .

And this Escheat happeneth Aut per defectum Sanguinis , For the default of Heir , Aut per delictum Tenentis , for Felony , and by Judgment Three ways , Aut quia suspendatur per Collum , Quia abjuravit Regnum , Aut quia utlagatus est , And therefore such as are Hang'd by Martial Law in furore Belli , forfeit no Lands .

He ought to be seised of Forty Marks Land , Except in Cities , and Counties Palatine .

In case of Treason or Felony he may find an Office Virtute Officij .

If he sit by force of a Writ , he ought to take the Inquest within a Month after he deliver the Writ , and he ought to Return the same within a Month after he taketh it either by Writ , or Virtute Officij .

All Offices found before him , or Commissioners ought to be by Oaths of Twelve Men , every Juror to have Lands of the yearly value of Forty shillings in the same County , and ought to be Indented , and one part Sealed by them , and the other by him , which is to remain with the Foreman of the Jury , and they to be taken in good Towns , &c.

He or the Commissioners , can take no Inquest of any , but such are Returned by the Sheriff .

If he or the Commissioners , deny any Person to give Evidence to any Inquest taken before him , he shall forfeit Forty pounds . If he or they refuse to take a Verdict of the Inquest they forfeit One hundred pounds to the Party grieved .

An Office found before Commissioners is as forcible , as if it had been found before the Escheator himself .

The Escheator ought to take no Fee but of the King : But if he find an Office by Writ for the King , he shall have a Fee of Forty shillings by the Statute of 23 Hen. 6. But if such Lands exceed not in value Five pounds , then he shall take but Fifteen shillings : And if it be found that Lands are holden of a Subject , he ought to take no Fee at all .

And the Escheators may make Deputies that are able , For all which see more in the Statute de Escheatoribus 29 E. 1. Coke's 4 Institutes cap. 43. &c.

The Court of the Clerk of the Market .

THe Clerk of the Market is to this day called Clericus Mercati Hospitij Regis : And keepeth a Court , and Inquireth after Weights , and Measures whether they be according to the King's Standard , and for that Purpose he maketh Process to Sheriffs , and Bailiffs to Return Pannels before him , &c. And he is to deliver Estreats of such things as concern his Office into the Exchequer .

He can hold no Plea , but what was holden in the Reign of E. 1. and at this day there is not so much occasion for him , or his Authority since Justices of Assize , Justices of Oyer and Terminer , Justices of Peace , and Sheriffs in their Tourns , and Lords in their Leets , may Inquire of False Weights , and Measures .

Of Wine , Ale , Beer , Corn and Grain there ought to be but One Measure , and of all other Merchandize , per totum Regnum , De Ponderib' vero , sicut de Mensuris .

But notwithstanding divers Statutes , there are two kinds of weights used in this Kingdom , one called Troy weight commanded by the Statute , And is thus deduced , 24 Corns of Barley dry , and from the midst of the Ear make a peny we●ght , 20 peny weights an Ounce , and 12 Ounces a pound Troy , a Grain contains 20 Minutes , a Minute contains 24 Droits , a Droit contains 24 Blanks , Twelve Grians of Fine Gold make a Caract , 24 Caractes an Ounce , and 12 Ounces a pound . By this Troy weight are measured according to Law , Pearls , Precious Stones , Gold , Silver , Bread , Wheat and such like .

And this kind of Weight the Apothecaires do or ought to use , although by other Divisions , and Denominations , Their least Measure is a Grain ,

20 Grains make a Scruple maked ℈ 3 Scruples make a Drachm marked ʒ 8 Drachmes make an Ounce marked ℥ 12 Ounces make a Pound marked lb

Another called Avoir du Pois , A Pound of this consisteth of 16 Ounces , Every Ounce of 20 Peny weight , Every Peny weight 21 Grains and 9/10 of a Grain ; It is called Avoir du Pois , because thereby they have full Measure ; By this are weighed all Physical Drugs , Wax , Pitch , Tarr , Iron , Steel , Lead , Hemp , Flax , Flesh , Butter , Cheese , and divers other Commodities , and especially every Commodity subject to Wast ; And thereof an 112 Pounds are called an Hundred weight .

There was another weight called Auncel weight , by Scales fixed to a Beam or Staff , and by the Hand or Fore-finger , wherein was much Deceipt , and therefore abolished by several Statute .

Measures of Troy , are of Three kinds , viz. Of Things that are Dry , Of Things Moist or Liquors , and Of Longitude , Latitude , and Profundity .

Of Dry things 4 Grains make a Peny weight , 20 Peny weight an Ounce , 12 Ounces a Pound or Pint , 2 Pints a Quart , 2 Quarts a Pottle , 2 Pottles a Gallon , 2 Gallons a Peck , 4 Pecks a Bushel , 4 Bushels makes a Comb , 2 Combs a Quarter , 6 Quarters make a Weigh , and 10 Quarters a Last .

Of Liquors 12 Ounces make a Pint or Pound , and 2 Pints a Quart , and 4 Quarts a Gallon of Wine , which is 8 Pounds Troy weight , 18 Gallons make a Rundlet , 31 Gallons and a Half make Half a Hogshed , 42 Gallons make a Tierce , 63 Gallons a Hogshead , 84 Gallons a Puncheon , 126 Gallons a Pipe , or Butt , and 252 Gallons make a Tun of Wine : Of Ale and Beer 8 Gallons is a Firkin , 16 Gallons is a Kilderkin , 32 Gallons is a Barrel , 63 Gallons is a Hogshead .

The Wine Measure is smaller , than the Ale and Beer Measure , and holds Proportion as 4 to 5 , So that 4 Gallons of Beer , are 5 Gallons of Wine ; And the Measure of Dry things is greater than the Wine , and lesser than the Ale and Beer Measure , so that the Gallon of this Measure being about 8 Pou●●s Troy weight , is in proportion to the Wine Gallon as 33 to 28 , and is in Proportion to the Beer Gallon , as 33 to 35.

Of Longitude , Latitude , and Profundity 3 Grains of Barley make an Inch , 4 Inches make a Handful , 3 Handful make a Foot , 1 Foot and ½ make a Cubit , 2 Cubits a Yard , 1 Yard and ¼ an Ell , 5 Foot a Geometrical Pace , 6 Foot a Fathom , 16 Foot and ½ make a Perch , Pole , or Rod , 40 Perch make a Furlong , 8 Furlongs make a Mile , which according to the Statute of 11 Hen. 7. ought to be 1760 Yards , or 5280 Foot ; That is 280 Foot more than the Italian Mile ; 60 Miles , or more exactly 69 English Miles and ½ , make a Degree , and 360 Degrees , Or , 25020 Miles , Compass the whole Globe of the Earth .

For Measuring of Land , 40 Perch in Length , and 4 in Breadth , make an Acre , so called from the German Acker , and that from the Latin Ager , 30 Acres ordinarily make a yard Land , and 100 Acres are accounted an Hide of Land .

By the Stat. of 7 Hen. 7. The Chief Officer of ever City , and Burrough shall take for Sealing of every Bushel a peny , of every other measure a Half peny , of every Hundred weight a peny , and every Half hundred weight a Half peny , of lesser weight a Farthing .

The Clerk of the Market ought not to take any Common Fine , nor to Claim any thing for Examining or Viewing of Measures Sealed , or other Measures : Of which see more in the Statute , and Coke's 4 Inst. cap. 61.

The Court of Pepondres , Vulgarly Pipowders , Curia Pedis pulverisati .

THis Court is incident to every Fair , and Market , as a Court Baron is to a Manor ; and is so called for that Justice for advancement of Trade is as Speedy as the Dust may fall from a Man's Feet , Their Proceedings being De hora in horam .

And this is a Court of Record , to be holden before the Steward of the Court , and the Jurisdiction thereof consisteth in Four Conclusions . 1st , The contract or cause of Action must be in the same time of the Fair or Market . 2ly , It must be for some matter concerning the same Fair , or Market complain'd on , heard and determined . 3ly , It must be within the Precinct of the Fair , or Market . 4ly , The Plaintiff must take an Oath according to the Statute of 17 Ed. 4. cap. 2. But that concludeth not the Defendant .

And there may be a Court of Pipowders by Custom , without a Fair or Market , and a Market without an Owner ; And this Court of Pipowders by Prescription may be extended to all Contracts , Bonds , Actions of Trespass , and upon the case , and no Writ of Faux Judgment ; but a Writ of Error lies here , and in the Ordinary Court of Pipowders incident to a Fair or Market : And this Court by Prescription may be used either by way of Grant , or Confirmation . For all which see in Coke's 4 Institutes , and Greenwood of Courts .

The Court of the Dutchy Chamber of Lancaster at Westminster .

KIng Ed. the 3. in full Parliament Ann. 50. E. 3. Erected the County of Lancastar a County Palatine by Letters Patent , and Honoured his Son J. Duke of Lancaster therewith for Term of his Life .

It is called Comitatus Palatinus a County Palatine , à Comitatu , & Palatio Regis , because the Owner be he Duke , or Earl , &c. Hath in that County Jura Regalia , as fully as the King had in his Palace ; And he may have his Chancery , and Writs under his Seal , for the Office of the Chancellor to Depute Justices , as well touching Pleas of the Crown , as all other Pleas , and Execution of Writs , and making Officers , and Servants , and all other , as by the Letters Patents above mentioned , granted in Parliament appears : And the King may Erect a County Palatine without Parliament by his Letters Patents ; But now by the Statute of 27 H. 8. cap. 24. several of those Jura Regalia are taken from them , and recontinued , and annexed to the Crown : And all Writs are now to be made in the King's Name , but the Teste in Name of him who hath the County Palatine ; And they shall have Forfeiture of Lands , and Goods for High-Treason , which Forfeiture accreweth by the Common Law ; But Forfeitures given after the Erection of the County Palatine by an Act of Parliament , they shall not have .

Justices of Assize , of Gaol-Delivery , and of the Peace are , and ever since the Erection have been Assigned by Commission under the Seal of the County Palatine of Lancaster .

Fines were levied with 3 Proclamations , &c. before the Justices of Assize there , or one of them , and all Recoveries to be had of Lands there , are to be had in the Court of the County Palatine at Lancaster , and not at Westminster .

All Lands , &c. Parcel of this Dutchy given to the King by the Statute of Monasteries , Chantries , &c. are still within the Survey of the Dutchy .

Lands within the County Palatine should pass by the Dukes Charter without Livery of Seisin , or Attornment , But of Lands parcel of a Manor annexed to the Dutchy without the County Palatine , there ought to be Livery of Seisin , and Attornment of Tenants , and in the same Degree is it in the King's Case .

The Proceedings in this Court of the Dutchy Chamber at Westminster , is as in a Court of Chancery for Lands , and other Matters within the Jurisdiction of the Court by English Bill , &c. and Decree . But this Chancery is not a mixt Court , as the Chancery of England is , partly of the Common Law , and partly of Equity , but admitting only some small mixture of the Common Law in some Cases : And in some Cases they are led by their proper Customs , and Prescriptions respectively .

The Process of this Court is by Privy Seal , Attachment , and Commission of Rebellion as in the Chancery .

The Officers of this Court be the Chancellor , The Attorney , The Receiver General , Clerk of the Court , The Auditors , Surveyors , The Messenger .

There is an Attorney of the Dutchy in Chancery , and another in the Exchequer ; And there are Four Learned in the Law , Assistants , and of Councel with the Court.

The Seal of the Dutchy of Lancaster remains with the Chancellor at Westminster , And the Seal of the County Palatine remains in a Chest in the County Palatine , under the safe Custody of the Keeper thereof .

All Grants and Leases of Lands , Offices , &c. in the County Palatine of Lancaster , shall pass under that Seal , and no other : And all those out of the County Palatine , and within the Survey of the Dutchy , under the Seal of the Dutchy , See the Statute of 27 Hen. 8. cap. 24.

For the great Royalties , Priviledges , &c. the Duke of Lancaster had , for him , his Men and Tenants , which are necessary to be known by all concerned in those Possessions , and other matters concerning the same : See Coke's 4 Institutes 36. and Books and Records their recited : And the Statute of 16 and 17 Car. 1. c. 10. For dissolving the Court of Star-Chamber , and annulling and making void the like Jurisdiction excercised in the Court , called the Court of the Dutchy of Lancaster , held before the Chancellor and Councel of that Court , &c.

The Courts of the County Palatine of Chester .

THis is the most Ancicent , and most Honourable County Palatine remaining at this Day , with which Dignity the King 's Eldest Son hath been of long time honoured ; And this is a County Palatine by Prescription .

Within this County Palatine , and the County of the City of Chester , there is and aciently hath been a principal Officer called the Chamberlain of Chester ; who time out of mind , hath had the Jurisdiction of a Chancellor ; and the Court of Exchequer at Chester is , and hath ( time out of mind ) been the Chancery Court for the said County Palatine , whereof the Chamberlain of Chester is Judge in Equity ; He is also Judge of Matters at the Common Law within the said County , as in the Court of Chancery at Westminster , for the Court of Chancery is a mixt Court .

There is also a Vice-Chamberlain , which is the Deputy of the Chamberlain ; And also the Justice called the Justice of Chester , who hath Jurisdiction to hear and determine Matters of the Crown , and of Common-Pleas , Of Fines , and Recoveries levied , and suffered , as well within the County Palatine , as of the City of Chester ; For which and much more concerning the same , See Coke's 4 Institutes cap. 37. and the Statute of 16 & 17 Car. 1. c. 10. For disabling the Court of Star Chamber ; and Annulling and making void the like Jurisdiction exercised in the Court of Exchequer , in the County Palatine of Chester , held before the Chamberlain and Council of that Court.

The Courts of the County Palatine of Durham .

THis is also a County Palatine by Prescription , parcel of the Bishoprick of Durham , and raised soon after the time of the Conqueror .

Here is a Court of Chancery , which is a mixt Court both of Law , and Equity , as in the Chancery at Westminster ; But herein it differeth from the rest , that if any Erroneous Judgment be given either in the Chancery upon a Judgment there according to the Common Law , or before the Justices of the Bishop , a Writ of Error shall be brought before the Bishop himself , and if he give Erroneous Judgment thereupon ; a Writ of Error shall be sued Returnable in the King's Bench.

If the Bishop do wrong within his County Palatine , for that he cannot be Judge in his own Cause , Justices shall be Assigned to hear and determine the Cause , as was done in the case , when Richardus de Hoton Prior Dunelm' queritur de Anthonio Episcopo Dunelm' , alledging several Plaints against the Bishop , whereupon . Issue was Joyned , and Verdict given against the Bishop ; And by that Record which was Termino Paschae 30 E. 1. it appears , the Bishop had within the County of Duresme Regalitatem suam : And more concerning the same you may Read in Coke's 4 Institutes cap. 38.

The Royal Franchise of Ely .

KIng Henry the first , of the Rich Monastery of Ely made a Cathedral Church , and of the Abbey made a Bishoprick , and for his Diocess Assigned him the County of Cambridge , which was before within the Diocess of Lincoln , And this King Henry the first granted to this new Bishop , and his Successors Jura Regalia within the Isle of Ely ; But the Priory , and Convent were by Henry the eighth suppressed , and instead thereof a Dean , and Prebendaries raised to be the Chapter of the Bishop , and a Grammar School for a Master , and 24 Scholars .

This Royal Jurisdiction the Bishop hath by Prescription granted upon the said Grant , as well in Pleas of the Crown , as in Common Pleas before his Justices of his Liberties , and other Matters , Vide Coke's 4 Instituets cap. 39.

The County Palatine of Pembroke .

THis was an ancient County Palatine within Wales , and the Earl was Comes Palatinus , and had Jura Regalia , and all things belonging to a County Palatine , but the Jurisdiction thereof was taken away by the Statute of 27 Hen. 8. cap. 26. It being then in the King's hands .

The Franchise of Hexam and Hexamshire .

THis was sometime parcel of the Possessions of the Archbishop of York , and claimed by him to be a County Palatine , And at the Parliment , 2 Hen. 5. resolved that Hexamshire was a Franchise , where the Kings b Writ went not . And in the Statute of 33 Hen. 8. It is named a County Palatine , but by the Statute of 14 Elizab. cap. 13. It is declared no County Palatine , or Franchise Royal .

The Courts of the Cinque-Ports .

BY Doomesday-Book it appears , that the priviledged Ports were but Three at first , viz. Dover , Sandwich and Rumney ; afterward Two more , Hastings and Hythe , were added to them by the Conqueror .

And these have several Priviledges , as to be free from Burthens , and Charges , and many others ; and every of these send Two Burgesses to Parliament , by Name of Barons of the Cinque-Ports ; and although Two more , viz. Winchelsey , and Rye be added , yet they hold their former Names of Cinque-Ports . These lying towards France , Antiquity provided , they might be securely kept , for performance whereof they have a Governour by his Office , called Lord Wardon of the Cinque-Ports , who is Admiral also , and hath the Jurisdiction of the Admiralty amongst them ; He is also Constable of Dover Castel , of whose Jurisdiction as Constable , vide Stat' Artic' super Chartas , and Coke's 2 Inst. 556.

There is a Diversity between the Principality of Wales , the Counties Palatine , and the Cinque-Ports : For Wales was no part of England , but Counties Palatine are parcel of the Realm of England ; but divided in Jurisdiction , and the Cinque-Ports are parcel of the County of Kent , and yet Ubi Breve Domini Regis non currit , but have not Jura Regalia : And therefore regularly no Writ of Error did lye of a Judgment in Wales ; otherwise it is in the Counties Palatine . A. Judgment here of Lands in Wales , or in the County Palatine is void ; but a Judgment given here of Lands in the Cinque-Ports is good , if the Priviledge be not pleaded , for they are part of the County . And in the Cinque-Ports are Divers Courts ; as first ,

The Court before the Constable of the Castle of Dover ; And there be other Courts before the Majors and Jurators within the Ports themselves ; and another called Curia Quinque Portuum apud Shepway .

If any of the King's Courts write to have a Record in the Cinque-Ports , or for doing any thing within the same , the Writ is directed Constabulario Castri de Dover , & Guardiano Quinque Portuum .

And all Plaints against the Barons of the Cinque-Ports , ought to be determined at Shepway before the Warden of the Cinque-Ports .

And if an Erroneous Judgment be given in the Cinque-Ports before any of the Mayors and Jurats , it is to be Redressed before the Constable of Dover at the Court at Shepway , which Court was raised by Letters Patents of Edward the First . Vide more in Coke's 4 Inst. cap. 42. and Records there cited .

The President and Counsel in the North.

THis Counsel was raised by H. 8. by his Commission giving them two Authorities under one Great Seal ; For the King having suppressed Monasteries of 200 l. per Annum by Act of Parliament 27 H. 8. Insurrection was raised by Lord Hussey , and 20800 Men in Lincolnshire , whom Charles Brandon Duke of Suffolk appeased ; and afterwards of 40000 Men more commanded by Sir Robert Aske , whom the Duke of Norfolk dispersed ; and afterwards a Great Commotion was raised in Lancashire , Westmorland , Cumberland and Northumberland , whom the Earl of Derby quieted ; and divers other Rebellions being raised , and overcome and appeased , the King intending to suppress the Great Monasteries , which he brought to pass in 31 H. 8. for preventing future Dangers , By Commission 31 H. 8. gave power of Oyer and Terminer , De quibuscunque Congregationibus , Transgressionibus , Riotis , Routis , &c. per quae Pax , &c. in Com' Ebor' , Northumberland , Westmorland , Durham , Com' Civitatis Ebor' Kingston super Hull , & Newcastle super Tinam gravetur , &c. secundum Legem , &c. vel aliter secundum Sanas Discretiones vestras , &c. Necnon quascunque Actiones Reales , seu de Libero Tenemento , & Personales , &c. audiend & terminand' . But afterwards the said Commission being adjudg'd to be against Law , First , For that the Clause Secundum Sanas Discretiones vestras being Resolved by the Judges , 6 Jacobi primi , to be against Law ; and , Secondly , the latter Clause was then also so Resolved ; For that Actions Real and Personal were not to be heard and determined by Commission , but Secundum Legem , &c. to the end their Authority should not be known , they procured their Commission , should not give them any Authority , but wholly to refer to Private Instructions given them , not to be Inrolled in any Court ; whereof King James being informed , did give Order their Instruictions should be Inrolled for the Advantage of the Subjects .

This Commission hath had continuance , therefore the Lord Coke thinks it worthy of some Establishment by Parliament .

Henry the Eighth likewise raised a President and Council for the Western parts ; but they of Devon and Cornwal opposed it : Et sic Commissio illa cito evanuit .

Likewise no doubt is that there hath been a President and Councl of York De facto ; but what Jurisdiction they had is the Question . But now the Courts are Dissolved , the Jurisdiction being taken away by the Statute of 17 Car. 1. cap. 10.

The Wardens Courts in the East , West and Middle Marshes , adjoyning to Scotland .

THey proceed according to Marsh Law , or Borders Law ; but their Jurisdiction was increased by Statutes , and confin'd to Northumberland , Cumberland , Westmorland , and Newcastle upon Tine .

But since King James was Monarch of both Kingdoms the said Courts are vanished , and Hostile Laws on both Sides by Authority of Parliament , in either of the Kingdoms , are Repealed .

The Court of Stannaries in the Counties of Devon and Cornwal .

Is so called à Stanno ; and the Style of this Court is , Magna Curia Domini Regis Ducatus sui Cornubiae apud Crokerenton in Com' Devon' , coram A. B. Custode Stannariae dicti Domini Regis in dicto Com' Devon' .

The Lord Warden hath Jurisdiction of all the Tynn in Cornwal and Devon , and is guided therein by Special Laws , by Customs , and by Prescriptions Time out of mind : And the Officers be the Steward , Under-Warden , &c.

By Exposition of the Charters of 33 E. 1. Made and Declared in Parliament Anno 50 E. 3. it appears , that all Tynners , and Workers in the Tynn-Works , should be Free , so that they should not Answer for any Matter or Thing arising within the Stannaries before any other Judge or Officer , but only before the Warden of the Stannaries , ( Except for Pleas of Land , Life , or Member ) and should not depart from their Work , for the Summons of any the King's Officers , except of his said Warden of the Stannaries ; and shall be quit of all Tallages , Tolls , Stallagiis , & aliis Custumis , in Towns , Ports , Fairs , and Markets within the said County , De bonis suis propriis .

Upon any cause of Complaint ministred the same is to be redressed by Appellation , First to the Steward of the Stannary-Court where the matter lyeth ; Then to the Under-Warden of the Stannaries , and from him to the Lord Warden , and for want of Justice at his hands , to the Princes Privy Council .

For the Laws , Jurisdictions , &c. of this Court , see more in Co. 4 Inst. c. 45. and Records , &c. there cited .

It was Resolved 4 Jac. 1. in Camera Stellata , That Stannum Tynne , otherwise White Lead , nor Black Lead , nor any other base Metal did belong to the King , by his Prerogative , as Gold and Silver do , albeit there may be tryed out of the base Metal Gold and Silver ; but that is as the seed or strength of the base Metal , which being Extracted becomes Defective .

There be Five kinds of Base Metals , viz. Aes , sive Cuprum , ( because it was found out , as some hold , in Cypro ) Copper ; Stannum , Tynn ; Ferrum , Iron Plumbum , Lead ; and Orychalcum , Latyn . Polybius 209 years before Christ wrote , That this Island was abundantly stored with Tynn . Britanni qui juxta Belerium promontorium incolunt Mercatorum usu , qui eo Stanni gratia navigant humaniores reliquis hospites habentur ; hij ex terra Saxosa cujus venas sectati effodiunt Stannum igne eductum in quandam Insulam ferunt Britannicam juxta , quam Vectam vocant : Ex hiis Insulis Mercatores emptum Stannum in Galliam Portant , inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt , Coke 's 4 Inst. cap. 45.

The Court of the Major of the Staple .

THis Court is guided by the Law Merchant , which is the Law of the Staple , and is holden at the Wool-Staple in Westminster ; and there also are Two Constables , and a certain number of Correctors , to do that which pertaineth to their Office , as in other Staples is accustomed .

And though it be more ancient , is warranted by Parliament 27 Ed. 3. Whereby it is Ordained , That

The Staple of Wools , Leather , Woolfells and Lead shall be holden at Newcastle upon Tine , York , Lincoln , Norwich , Westminster , Canterbury , Cicester , Winchester , Exeter and Bristol . For Wales , at Caermardyn ; and for Ireland at Deuelin , Waterford , Cork , and Droghoada . And that such as shall be carryed out of the Land , shall be brought to some of the said Staple-Towns , to be weighed by the Standard , and the Customs paid . But from such of the said Staple-Towns which are not Port Towns , the said Staple Commodities shall be sent to the next respective Port Towns , as from Westminster to London , &c. there to be weighed again by the Customers .

Item , That in every Town where the Staple is Ordained , shall be a Mayor chosen yearly by the Comminalty , who hath knowledge in the Law Merchant , and Two convenable Constables , who have power to keep the Peace , arrest the Offenders in Staples for Debts , Trespass , and other Contracts , and them to Imprison and punish after the Law of the Staple , and a Prison appointed for that purpose .

The Mayors , Sheriffs , and Bayliffs of the Towns where the Staple is , or joyning to the Staple , shall be attending to the Mayors and Ministers of the Staple , for Executing their Commandments upon grievous Forfeiture ; and one Lord or other of the most Sufficient where the Staple is , shall be assigned to be Aidant to the Mayor and Ministers of the Staple , to justifie the Rebels that cannot be justified by the Mayors and Ministers of the Staple , and to redress all Complaints , &c.

The Bounds of the Staple at Westminster , shall begin at Temple-Bar , and extend to Tuthill . In other Cities and Towns , within the Walls ; and where there are no Walls , through all the City or Town .

By the Statute of 27 Ed. 3. the Major of the Staple may take Recognizances of Debts under the Seal of the Office , but not with the Seal of the Party .

By the Statute of 23 H. 8. the Major of the Staple at Westminster , and Recorder of the City of London , in the absence of the Two Chief Justices out of Term , have power to take Recognizances of Debts , according to that Statute , and this is in the Nature of a Statute Staple ; but it hath besides the Seal of those that take it ; the Seal of the Party .

By the Statute of 36 Ed. 3. Merchant Strangers may sue before the Major of the Staple , according to Law Merchant , or at the Common Law .

By the Statute of 8 H. 6. cap. 17. there are in England Five Staple Merchandizes , viz. Wool , Woolfells , Leather , Lead , and Tyn.

The Mayor and Constables are sworn in Chancery , to do lawfully that which pertaineth unto them .

That Staple cometh from the French Estape , signifying a Mart , or Market ; and for other Matters concerning the Staple , see Coke's 4 Inst. cap 46. and the Statutes , and Records there mentioned .

The Principality of Wales .

WALLIA , Wales , by the Saxons called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , Wales , unde Wallenses , Walli ( i. e. ) Exteri seu Per●grini . The Britons calling Englishmen Saisons . They are of the Posterity of the ancient Britons , Inhabiting on the West part of Great Brittany . This was sometime a Realm , or Kingdom , Governed per Regulos suos .

But Jure Feodali the Kingdom of Wales was holden of the Crown of England , and thereby ( as Bracton saith ) was Sub potestate Regis , and so continued until the 11th Year of King Edward the First , when he subdued the Prince of Wales , and Executed him for Treason . Whereof Fleta ( who lived in those days ) speaketh thus : Et unico Malefactori plura poterunt infligi tormenta , sicut contigit de Davide Principe Walliae , cum per Edwardum Quinque Judiciis mortalibus torquebatur , suis namque Meritis exigentibus , Detractus , Suspensus , Dismembratus fuit , & combustus , cujus caput principali Civitati , quatuorque Quarteria ad quatuor partes Regni in Odium tradit deferebuntur suspendendum .

And in the 12th of E. 1. by Parliament it is declared , ( speaking in the Person of the King , as ancient Statutes were wont to do ) Divina Providentia quae in sua dispositione non fallitur , inter alia , suae dispensationis munera quibus nos & Regnum nostrum Angliae decorari dignata est , Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam , jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter & cum Intergritate convertit , & Corona Regni praedicti tanquam partem corporis ejusdem annexuit & univit . Yet this Wise and Warlike Nation , was long after this not satisfied ; especially for that taking part with their Rightful Liege Lord King Richard the Second , In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. &c.

And they were never in quiet , till H. 7. their own Country-man ( as descended from Owen ap Meredith , ap Theodore , who Married Katharine Daughter of France , and Dowager of King Henry the Fifth , and was by Commission found to be Lineally descended from Cadwallader King of the Britons ) obtained the Crown . And yet not so really Reduced in his time , as in the Reign of his Son King Henry the Eighth , when

The Principality of Wales , and Dominions thereof , was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England : And it is thereby Enacted , That every Subject born in Wales , should enjoy the Liberties , Rights and Laws of this Realm , and have Knights of Shires , and Burgesses of Parliament , &c. One Knight for each Shire , and One Burgess for each Burrough , and the Laws of England used in Wales . Vide le Stat.

And this Principality consisteth of 12 Counties , whereof Eight ( viz. ) Glamorgan , Anglesey , Carnarvan , Pembroke , Merioneth , Flint , Carmarthan , and Cardigan , by Statutum Walliae , were Erected 12 E. 1. And the other , ( viz. ) Brecknock , Radnor , Denby , and Montgomeroy , by 27 H. 8. Besides the Shire of Monmouth , and other Lordships , and Manors in the Marshes united to Salop , Herefordshire , and Gloucester .

The Court of the President and Council of Wales .

THis is a Court of Equity before the President and Council there , Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before , in these Words :

There shall be and remain a President and Council in the said Dominion , and Principality of Wales , and the Marshes of the same , with all Officers , Clerks and Incidents to the same , in manner as heretofore hath been used , who shall have Power to hear and determine by their Wisdoms , and Discretions , such Causes and Matters as be , or hereafter shall be assign'd to them by the King's Majesty , as heretofore hath been accustomed .

They sit by force of the King's Commission and Instructions , and proceed as in a Court of Equity by their Wisdoms and Discretions ; Herefordshire , Worcestershire , Shropshire , and Gloucester , are included within this Commission , pretending that these Four Shires are within the Marshes of Wales .

This Court is now Dissolved .

The Great Sessions in Wales .

BY the Statute of 34 H. 8. It is Ordained , That there shall be Sessions holden and kept Twive in every Year . in every of the said Shires within the Dominion of Wales , which shall be called The King 's Great Sessions in Wales .

The Justice of Chester should hold those Sessions in the Shires of Denbigh , Flint and Montgomeroy ; and have nothing but his old Fee of 100 l. for the same .

That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan , Merioneth , and Anglesey , and shall have Fifty Pounds yearly of the King for his Fee .

That one Person Learned in the Laws appointed by the King , shall be Justice of the Shires of Radnor , Brecknock , and Glamorgan , and shall hold the said Sessions there , and shall have Fifty Pounds yearly of the King for his Fee .

That one other person Learned in the Laws , and appointed by the King , shall be Justice for the Shires of Carmarthan , Pembroke , and Cardigan , and shall keep the Sessions there , and have the like Sum of Fifty Pounds yearly of the King for his Fee .

The said Justices shall have several Letters Patents , and Commissions for their Offices under the Great Seal of England , to be Excercised by themselves , or their sufficient Deputies , according to the purposes and intents in their Ordinance specified .

These Justices may hear and determine all Pleas of the Crown , as the Chief Justice and other Justices of the King's-Bench may do in their places , and elsewhere in the Realm of England ; and all Pleas of Assize , and all other Pleas and Actions , Real , Personal , or Mixt , as the Chief Justice of the Common Place in England , or other Justices of the same Place , may do in the Realm of England .

That open Proclamation being made in the Shire-Towns Fifteen days before of the Time , and Place they intend to keep the said Sessions , the said Sessions shall be held and continued for Six days together , according to the former Custom heretofore used in North - Wales .

The Seals devised for each Division , to be kept by the Steward and Chamberlain of each Division .

Four Judicial Seals to be in the Custody of the Four Justices respectively , and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it .

Fines , Concords , Recoveries , &c. taken before the said Justices within their Authority respectively , without any Dedimus potestatem , as before the Justice of the Common Place in England .

There shall be Justices of the Peace , and Justices of Quorum , and Custos Rotulorum Commissionated by the King in Every of the said Counties , not exceeding Eight in a County ; and those , or two of them in each County , whereof one to be of the Quorum , may keep their Sessions Four times in the Year , or oftner if urgent occasion requires , and have like Authority , and Fees as Justices in England , Sheriffs , Escheators , Coroners , Constables of Hundreds , and other Officers , and their Courts to be had , and holden as in England . Vide le Statute .

Rodry Maure King of Wales , who died Anno 877 , in the time of Alured King of England , and left Three Sons , Mervyn , Anarawd , and Cadelh , Divided his Kingdom into Three parts ; Guyneth , which the English call North-Wales , the Latins Venedotia , he gave to Mervyn , or as some say to Anarawd ; Powisland , in Latin Powisia , which some call West-Wales , he gave to Anarawd , or as some say to Cadelh ; and Deheobarth , which the English call South-Wales , and the Latins Demetia , he gave to Cadelh , or as some say to Mervyn : The First was the best , because the Quietest , the Second often Invaded by the English , and into the Third Incursions were often made by the English , Norman , and Fleming .

The Division of this Kingdom , brought in time such Division amongst these Princes , that it was never quiet till it came under one Monarch and King again : For the Royal Dignity of a Monarch , or King , from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived , without any Diminution , will suffer no Division , Regia dignitas est Indivisibilis & quaelibet alia derivativa Dignitas est similiter indivisibilis .

King Edward the Third in the 17th year of his Reign , by Charter Established in Parliament , created his Son Son ( called the Black Prince ) Prince of Wales , in these words : De Concilio Praelatorum Comitum Baronum & Communiam in Generali Parliamento nostro apud Wesmonaster' die Lunae in Quindena Paschae proximè praeterito convocato Ipsum Edwardum Pricipem Walliae fecimus & creavimus . Et dictum Principatum sibi dedimus & concessimus , & per Chartam nostram confirmavimus ac ipsum de dicto Principatu , ut ibidem praeficiendo praesidiat & praesidendo dictas partes dirigat & defendat per sertum in Capite & Annulum in Digito aureum , ac virgam argenteam investivimus juxta morem , Habendum & tenendum de nobis sibi & Haeredibus suis Regibus Angliae imperpetuum , &c.

And in the same manner , is the Noble and primary County Palatine of Chester , granted to him at the same time with the same words , Sibi & Haeredibus suis Regibus Angliae , which import a limited Fee ; and that by his decease , or attaining to the Crown , these Dignities might be Extinguished in the Crown , to the end the King for the time being , might have the Honour and power to create his Heir apparent Prince of Wales , and Earl of Chester , as he himself had been by his Progenitors .

But otherwise it is in the Case of the Dutchy of Cornwal , Vide Coke's 4 Inst. cap. 48. that being without Creation and ever since 11 Ed. 3. the First begotten Son of the King is ever Duke of Cornwal .

And this may suffice for a Short Survey of the Principality of Wales . And now proceed to

The Military Government of England .

THe King hath the Sole Supream Goverment , Command , and Disposition of the Military Power of England , both by Land and Sea ; As is at large declared in Parliament , Anno 14 Car. 2. And

By Land , the next under the King is the Generalissimo ( when in being ) of all his Majesties Forces in his Three Kingdoms , Horse , and Foot in Say , as well within Garison , as without .

These Forces in the late King Charles the Seconds time , consisted of 4 Regiments of Foot , The King's Regiment 24 Companies and near 1700 Men , The Dukes Regiment 720 Men , Another Regiment 600 Men , And the Earl of Craven's Regment of 960 Men , And the Earl of Oxford's Regiment , consisting of 8. Troops , about 500 Horse besides Officers .

There were likewise in King Charles the Seconds time , Three compleat Troops of Horse for his Life-Guard , The Kings Troop 200 Horse , The Queens Troop 150 Horse , and the Duke of Yorks Troop 150 Horse .

The rest of his Majesties Forces in constant pay were disposed under several Governors in several Garisons , of which there are about Thirty two , and in some of them , the King had 500 Men in constant pay .

The pay of a Colonel of Horse 12 s. per diem , A Collonel of Foot 20 s. per diem , and other Officers proportionably . Each of the Life-Guards 4 s. per diem , And each Trooper 2 s. 6 d. per diem , Each Foot Soldier in London 10 d. per diem , Each Foot Soldier in Garrison 8 d. per diem .

These Forces were afterwards much encreased , but no Orders are yet setled by Act of Parliament for these Land Forces , as there are for Sea Forces . But now they are settled by Act of Parliament to be 7000 natural born Subjects , The Officers included .

Besides these Forces before mentioned the Standing Militia of the Kingdom is settled in the King , by Acts of Parliament Tempore Car. 2. to be Governed , Ordered , and Enlarged from time to time , as his Majesty shall see occasion .

For Government of these the King by Commission , Creates divers of the Peers of the Kingdom . Lieutenants of the several Counties , with power to Arm , Array , and Form into Companies , Troops , and Regiments , and to conduct upon occasion of Rebellion , or Invasion , and employ there Men so Armed within their respective Counties , or into any other County as the King shall direct , To give Commissions to Colonels , and other Commissionated Officers , To present to the King the Names of Deputy Lieutenants , To charge ay person with Horse , Horse-Men , and Arms , or Foot Soldiers and Arms within the said County proportionable to their Estates , with limitation that no person be charged with a Horse , unless he hath 500 l. yearly , or 6000 l. personal Estate , or with a Foot Soldier unless he hath 50 l. yearly , or 600 l. personal Estate ; Those that have meaner Estates are to joyn Two or Three together , to find a Horse , or Horseman , or a Foot Soldier .

The said Horse , or Foot to Muster once or twice a year , and each Horse-Man while he serves to have 2 s. a day , and each Foot Soldier 12 d. per diem .

They have likewise power to levy a Fourth part of the Tax of 70000 l. per Mensem , for Ammunition ; And in case of Marching against an Enemy , they have power to cause every Man so charged , to allow each Soldier a Months pay , which the King is after to pay , before they be charged , with another Months pay .

In 1588 , Upon the Muster made by Commission from Queen Eliz. in expectation of the Spanish Invasion , there were found to be Three Millions , and of those fit for War about 600000 Men.

In all times of danger , some are set to watch at every Beacon , to give notice in a few Hours to the whole Kingdom .

There were anciently many Castles in all parts of England ; But Inland Castles have been either demolished , or willingly suffered to decay , that Rebels , or Invaders might have no Shelter , or the Invaded any Refuge to Fly to , whereby to occasion any Lingring .

And now we come to the Military Courts , amongst which the chief is

The Court of Chivalry before the Constable and Marshal .

THis Court is called Curia Militaris , and the Marshal Court , wherein the Lord Constable , and Earl Marshal of England are Judges ; And is the Fountain of the Martial Law .

Constable Is compounded of two Saxon words , Cunning , per contractionem King , & Stable , id est , Columen . q. Columen Regis anciently written Coningstable .

Marshal , Likewise of two Saxon wards , Mare for Equus , and Stale for Curator .

The Jurisdiction is declared by the Statute of 13 R. 1. To the Constable it appertaineth to have Conusance of Contracts , and Deeds of Arms , and of War out of the Realm , and also of Things that touch War within the Realm ; which cannot be determined , or discussed by the Common Law , with other Usages and Customs to the same pertaining , which other Constables have duly and reasonably used in their time , joyning to the same that every Plaintiff shall declare plainly his Matter in his Petition , before that any Man be sent for to answer thereunto ; And if any will complain , that any Plea be commenced before the Constable , and Marshal that might be Tried by the Law of the Land , the same Complainant shall have a Privy Peal of the King , without difficulty directed to the said Constable , and Marshal to Purcease in that Plea , till it be discussed by the King's Council , if that Matter ought and of right pertaineth to that Court ; Or otherwise , to be Realm of England , and also , that they Purcease in the mean time .

For Tryal by Battel between the Lord Morley , and the Earl of Sarum , and divers others there cited , See Coke's 4 Inst. cap. 17.

In an Appeal between Upton and Down 8 Hen. 6. after Battle joyned , the King 's Writ out of the Chancery Issued to the Sheriffs of London , as followeth :

REx &c. Vic' London salutem Praecipimus vobis firmiter injungentes quod quasdam Listas & Barras de Maremio fortes & satis sufficientes pro quodam Duello inter Joh. Upton Appellantem & Johan' Downe Defend ' Secundum Legem Armorum die Lunae prox' futur' apud Westsmithfield in Suburb' Civitatis praed' Deodanti perficiend' contra diem praed' nostris Sumptibus & Expensis erigi ; construeri & fieri fac' in Omnibus prout in Ultimo Duello ibidem facto fact fuer' & quod terra inter Listas praed' cum sabulo sufficienter & Equalitter cooperiatur Ita quod aliqui Lapides Grandes , aut arena infra easdem Listas minime inveniantur quovis modo : Et de omnibus & singulis paecuniarum Summis quas circa praemissa aplicaveritis nos vobis in computo vestro ad Scaccarium per praesens madatum nostrum debitam allocationem habere faciemus , &c.

And by a French Manuscript Intituled , Modus faciendi Duellum Coram Rege Bone Foy & Droit & Ley de Armes voet quel Apellant encourge mesme peyne que le Defendant deveroit sil soit Convicte & discomfit , And this seemeth to be consonant to the Law of God , Deut. 19 , 18.

They proceed according to the Customs and Usages of the Court , and in cases omitted according to the Civil Law , Secundum Legem Armorum , and therefore upon Attainders before the Constable , and Marshal , no Land is Forfeited , or corruption of Blood wrought .

It was resolved in the Reign of Queen Eliz. in the Case of Sir Francis Drake , who struck off the Head of Dowty , in Partibus transmarinis ; That his Brother and Heir might have an Appeal . Sed Regina noluit constituere Constabularium Angliae , &c. & ideo dormivit Appellum .

The Proceeding , and Sentences here is upon Witnesses or Combat , and not by Jury ; and after Sentence in this Court in Case of Arms , the party grieved may Appeal to the King .

What Judgment shall be given , when either party is vanquished , and when Tryal by Battel shall be for things within the Realm , before the Justices of the King's Bench , or Common Pleas , Vide Coke's 4 Institutes cap. 17. Crompton's Jurisdiction of Courts , Fol. 82.

The effect of the Grant of the Office of Constable , is in few words , Officium Constabularij Angliae unacum Omnibus Feodis , proficuis , comditatibus , & Emolumentis quibuscunque Offico , praedicto qualitercunque pertinentibus , & ab antiquo debitis & consuetis .

And now as in some respects incident to this Court , as being created by the Earl Marshal , we shall in the next place speak somewhat of .

The Colledge of Heralds .

OF this Collegiate Society are Three Stiled Reges Armorum , Anglorum , Kings at Arms , the principal of which is called

Garter , Instituted by King Henry the 5th , whose Office is to attend the Knights of the Garter at their Solemnities ; To Advertise them of their Election , And to call them to be Installed at Windsor ; To cause their Arms to be hung upon their Seats there ; To carry the Garter to Kings and Princes beyond Seas ; for which purpose he was wont to be joyned in Commission with some principal Peer of the Realm , and to Marshal the Solemnities and the Funerals of all the Higher Nobility of England . The next is

Clarencieux , So called from the Duke of Clarence , to whom he first belonged , which Dukedom Escheating to King Edw. the 4th , by the Death of his Brother George Duke of Clarence ; he made this Herald a King at Arms , and named him Clarencieux in French , and Clarentius in Latin .

His Office is to Marshal and dispose the Funerals of the Lesser Nobility , as Baronets , Knights and Gentlemen , on the Southside of Trent , and therefore sometimes called Surroy , or Southroy . And then

Norroy or Northroy , whose Office is to do the like on the Northside of Trent ; And these Two last are called Provincial Heralds .

These by Charter have power to visit Noblemens Families , to set down their Pedigrees , to distinguish their Arms , to appoint Men their Arms and Ensigns , and with Garter to direct the Heralds . And next are the

Six Heralds anciently belonging to Dukes have been sometime named Dukes at Arms , and are thus called , and ranked , Windsor , Richmond , Chester , Sommerset , York and Lancaster ; Their Office anciently was to attend Dukes in Marshal Execution , now to wait at Court , attend publick Solemnities , Proclaim War , and Peace , &c. And perhaps named Heralds from the German Here , and Healt ; that is , The Armies Champion , to denounce War , or offer Peace , as the Feciales of the Romans did .

These wait by turns upon the Kings at Arms , and have part of their Fees ; And of these antiently were many , as likewise of Pursuivants . But now there are but

Four Pursuivants named Rouge Crosse , Rouge Dragon , Portcullice and Blewmantle , from such Badges heretofore worn by them as is throught .

These King's Heralds , and Pursuieants were anciently Crowned , and had their Creation from the Kings Hand ; But of later times the Earl Marshal hath had a Commissions for every particular Creation by Letters Patents ; The manner whereof , you may see in the Present State of England .

They were incorporated by King Richard the 3d , and afterwards had another Charter of Priviledge , by King Edward 6th , in the Third year of his Reign .

The Duty of the whole Colledge is to Marshal and Order Coronations , Marriages , Christnings , Funerals , Interviews , Feasts of Kings and Princes , Cavalcades , Justes , Tournaments , Combates before the Constable , and Marshal , &c. Also , they take care of the Coats of Arms , of the Genealogies of the Nobility , and Gentry , and whatsoever concerns Honour is their Care and Study ; They are Tanquam sacrorum Custodes , & Templi Honoris Aeditui .

All these receive Annual Stipends out of the Exchequer ; Are all to be Gentlemen at least , and the Six Heralds at their Creation are expresly made Esquires by the King .

When Capias , or Exigent are awarded against a Peer , or Baron , he may have a Writ to command that they Sue out no other Process against him , than what they ought to have against Lords , and Great Men , which come to the Parliament by the ancient Laws , and Customs of England .

Edmond Dein Court of Langley in Com' Lincoln ' ; By Letters Patents from Ed. 2. had License to Assign his Surname , Arms , and Possessions , which 19 E. 2. he accordingly did : But the Lord Hoc Tempore Edw. 4th Granting his Name , Arms , and Dignity over without the King's License , the same was in Parliament adjudged void .

The Grant of Earl Marshal of England by Letters Patents of Rich. the 2d , and other Grants thereof , you may see more at large , Coke's 4 Institutes cap. 17.

The Maritime Power of England .

ALL the King 's Maritime Forces , are under the Command of the

Lord High Admiral of England , so called from Amir in Arabick , and 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 in Greek ; that is , Praefectus Marinis , A compound word from the Eastern Empire , introduced into England after the Wars in the Holy Land , by King Richard or King Edward the first .

His Patent was antiently Angliae Hiberniae & Acquitaniae Magnus Admirallus : But now it is Angliae & Hiberniae & Dominiorum & Insularum eorundem Villae Calesiae & Marchiarum ejusdem , Normandiae , Gasconiae & Acquitaniae Magnus Admirallus , & Praefectus Generalis Classis & Marium dictorum Regnorum : And this Office for the Great Trust and Honour , is usally given to the King 's younger Son , near Kinsman , Or one of the Principal Nobility .

He hath power to Commissionate a Vice-Admiral , a Rear-Admiral , All Sea Captains , And also Deputies for particular Coasts , Coroners , Commissioners , and Judges for the Court of Admiralty , to Imprison , Release , &c. and sometimes to confer Knighthood on such as deserve it at Sea .

To him by Law and Custom belong Penalties , and Amerciaments of Transgressors at Sea , on the shore in Ports and from the first Bridge , on Rivers towards the Sea ; Also the Goods of Pirates , Felons , or Capital Faulters condemned , Outlawed or Horned ; All Waifs , Strays , Goods , Wrecks of Sea , Deodands , a share of lawful Prizes , Lagon , Jetsam , and Flotsam ; that is , Goods lying in the Sea , on the Ground , Goods Floating on the Sea , and Goods cast by the Sea on Shore , not granted to Lords of Mannors adjoyning to the Sea ; All great Fishes , as Sea-Hogs , and others of Extraordinary bigness called Royal Fishes , Except Whales , and Sturgeons .

To the Crown of England belongs the Sovereignty of the Narrow-Sea round the Island of Great Britain , whereof by Ancient Right it hath had Possession in all times , and King Edgar stiled himself Sovereign of the Narrow-Seas .

In Testimony whereof the Swedes , Danes , Hollanders , &c. were wont to aske leave to pass the British-Seas , and to take Licenses to Fish therein : And to this day Strike Sail to all the Ships of War belonging to the King of England , as oft as they pass by any of them ; thereby acknowledging his Sovereignty according to an Ordinance made at Hastings in Sussex by King John , about 450 years ago .

To maintain this Right , Protect Trade , and Defend their Kingdoms ; The Kings of England have Ships of War for Strength , Beauty , and Sailing , Surpassing all other in the World ; of these , such as Ships then were King Edgar is said to have 3600 ; And the late King Charles had 7 of the First Rate , 9 of the Second Rate , 22 of the Fifth , and 18 of the Sixth Rate , besides 30 Fireships , and several Small Vessels , for Tenders , and Victuallers .

The Royal Sovereign Built by King Charles the first 1637 , being of the First Rate , was in Length by the Keel 127 Foot , in Breadth by the Beam 47 Foot , in Depth 49 Foot , her Draught of Water 21 Foot , Burthen in all 2072 Tunns , and 1492 Tunns besides Guns and Tackle , hath 6 Anchors , the biggest 6000 l. weight , and the least 4300 l. weight , 14 Cables , the greatest 21 Inches compass , and weighs 9000 l. weight , the least 8 Inches compass , weighing near 1300 l. weight , 18 Masts , and Yards , the Main Mast 113 Foot long , and 38 Inches Diameter , the Main Yard 105 Foot long , and 23 Inches Diameter , and her Main Top 15 Foot Diameter ; Had 10 several sorts of Sails , Her greatest called the Main Course , contained with her Bonnet 1640 yards of Canvas Ipswich double , The least called the Foretop Gallant Sail 130 yards of Canvas . The compleat suit cost 404 l. The weight of Sea store in point of Ground Tackle and other Cordage , 60 Tuns , 800 and odd Pounds .

Shee carried a Long boat of 50 Foot , a Pinnace of 30 Foot , and a Skiff of 27 Foot long .

The weight of her Rigging 33 Tun , She hath 3 Tires of Guns , 44 in the Upper , 34 in the Second , and 22 in the Lower Tire , in all 100 Guns .

She carried Officers , Soldiers , and Mariners , in all 850 Men.

The charge for Victuals , Ammunition , Wages , Wear , and Tear every Month at Sea costs 3500 l.

The Charge of Building a First Rate Ship , with Guns , Tackle and Rigging , doth usually amount to 62432 , the lesser Rates Charge is proportionable , A Second Rate carries from 56 to 80 Guns , A Third Rate from 58 to 70 Guns , A Fourth Rate from 40 to 60 Guns , A Fifth Rate from 24 to 32 Guns , A Sixth Rate from 6 to 18 Guns .

The Lord High Admiral may fitly be reputed Vice-Roy of the Maritime Kingdom of England ; Nam in Mari sunt Regna distincta idque Jure Gentium sicut in arida Terra .

The Vice-Admiral , is an Officer to whom next under the High Admiral it belongs , to see the Royal Navy kept in good Repair , The Wages of Mariners , and Shipwrights duly paid , and the Ships provided of all things necessary .

The Lord High Admiral doth appoint in divers parts of the Kingdom Vice Admirals , with their Judges and Marshals , by Patent under the Great Seal of the Admiralty ; These do Exercise Jurisdiction in Maritime Affairs within their Limits , and if any be aggrieved by their Sentence , or Decree , he may Appeal to the High Court of Admiralty , and of these round the Coasts , are about 22 in England and Wales .

The Lord High Admiral hath Courts for the Maritime Affairs , whereof the Principal is at London and called

The Court of Admiralty .

IN this Court Erected as some hold by Edward the Third , The Lord Admiral hath a Lieutenant , called Judge of the Admiralty , who is commonly some Learned Doctor of the Civil Law . Because

The Proceeding is in all Civil Matters according to the Civil Law ; The Sea being without the Limits of the Common Law , and by Libel they Proceed to the Action , the Plaintiff giving caution to prosecute the Suit , and to pay what shall be adjudged against him if he fail therein , The Defendant also giving Security , or Caution as the Judge shall think meet , that he will appear in Judgment , and pay that which shall be adjudged against him , and that he will ratify whatever his Proctors shall do in his name .

Besides the Civil Law , The Laws of Rhodes and Oleron are here used , The former for their Excellency being Incorporated into the Volumes of the Civil Laws , And Oleron being an Island in the Bay of Aquitain , belonging to the Crown of England , King Richard the first , there Compiled such Excellent Laws for Sea Matters , that in the Ocean Sea Westward , they had almost as much Repute as the Rhodian Laws in the Mediterranean , and these Laws were called La Rool de Oleron .

Many Statutes and Ordinances were made by King Edward the Third , and other Princes and People , as at Rome , Pisa Genoa , Marseilles , Barcelona , and Messina , yet that Fragment of the Rhodian Law , still extant , holds the Preeminence in Maritime Affairs .

The Customs and former Decrees of the English Court of Admiralty are there , of Force for deciding Controtroversies . And under this Court there is also

A Court of Equity for determining Differences between Merchant and Merchant .

In Criminal Affairs , which is most commonly about Piracy , The Proceeding in this Court was by Accusation , and Information , by a Man 's own Confession , or by Eye — witnesses he was found Guilty before he could be Condemned ; But that being found inconvenient , there were two Statutes made by King Henry the Eighth , that Criminal Affairs should be Tried by Witnesses , and Jury , and that by Special Commission from the King to the Lord High Admiral , wherein some of the Judges of the Realm are ever Commissioners , and the Tryal according to the Laws of England directed by those Statutes as is herein after mentioned .

Between the Common Law of England , and the Civil Law , there seems to be Divisum Imperium ; For in the Sea so far as the Low Water mark is counted Infra Corpus Comitatus adjacentis , and Causes there arising determinable by the Common Law : yet when the Sea is full , the Admiral hath Jurisdiction there also ( so long as the Sea Flows ) over Matters done between the Low Water mark , and the Land , as appears in Hen. Constables Case , Coke's 5 Rep. fol. 107.

But for these Limitations , and Jurisdictions of the Court of Admiralty , see the Statutes above mentioned , And the Statute of 13 R. 2. & 15 R. 2. & 27 Eliz. cap. 11. Coke's 4 Inst. cap. 22.

And for regulating his Majesties Navies , Ships of War , and Forces by Sea , Vide le Statute of 13 Car. 2. cap. 9.

And now as pertinent hereunto , we shall say somewhat of

The Navy Office .

THe Treasurer is to Receive out of the Exchequer by Warrant from the Lord High Treasurer of England , and pay all charges of the Navy by Warrant from the principal Officers of the Navy , his Salary is 220 l. 13 s. 4 d. besides 3 d. in the pound of all Moneys paid by him .

The Comptroller of the Navy , who is to Attend and Comptrol all Payment of Wages , To know the Market Rates of all Stores belonging to Shipping , To Examine and Audit all Treasurers , Victuallers , and Store-keepers Accompts , &c. his Salary 500 l. per Annum .

The Surveyor of the Navy , whose Office is generally to know the State of all Stores , and see the wants supplied , to find Hulls , Masts , and Yards , and Estimate the value of Repairs , by Indenture to charge all Boat-swains , and Carpenters of his Majesties Navy , with what Stores they receive , and at the end of each Voyage to State and Audit their Accompts , his Salary 490 l.

The Clerk of the Acts is to Record all Orders , Contracts , Bills , Warrants , and other Transactions , by the Principal Officers and Commissioners of the Navy .

The Commissioners of the Navy , whose Office is as above specified , and Salary to each is 500 l. yearly .

Two other Commissioners to be at Portsmouth , and Chatham , always in readiness to give Orders for better Management of his Majesties Affairs in his Yards , and Store-houses ; Salary to each 350 l.

Each of these Officers above-named , have Two Clerks and some more , all paid by the Treasurer of the Navy : All hold their Places by Patent from the King , and most of them during pleasure .

The King hath for his Navy Royal , and Stores , Four Great Yards or Store-Houses , ( viz. ) at Chatham , Deptford , Woolwich and Portsmouth , where his Ships are built , Repaired , and Laid up , after their Voyage . In which Yards are employed Divers Officers , of which Six are principal ; The Clerk of the Check , Salary about 180 l. per Annum ; Store-Keepers , Salary 286 l. per Annum , Master Attendants , Two at Chatham 100 l. per Annum ; Master Shipwright , Salary about 113 l. per Annum ; Clerk of the Comptooll 100 l. per Annum ; Clerk of the Survey 140 l. per Annum ; The Charges of their Clerks , and Instruments are included in their Salaries .

His Majesty hath Divers Rope-Yards , as at Chatham , Deptford , Woolwich and Portsmouth ; where are made the Cable , and Cordage for his Navy .

In time of War the King hath a Yard at Harwich , where out of War is continued An Officer at 100 l. yearly .

This whole Navy Office is govern'd by The Lord Admiral , whose Lieutenant Admiral hath Salary 20 s. per diem , and 10 l. per Mensem for each Servant , whereof he is allowed 16.

The Lord Admiral 's Secretary hath a Salary from the King of 500 l. per Annum .

All the Under Officers , as well those in Yards , as those belong to Ships , hold their Places by Warrant from The Lord High Admiral of England .

The Ordinary Charge of the King's Navy in time of Peace is scarce 70000 l. per Annum , besides the Building of Ships , Setting out Fleets , &c. which some years even in Peaceable Times amounts to 12 or 1300000 l. more , as may easily be computed .

The Court of Commission by force of the Statute of 28 H. 8. cap. 15.

THis Court must be held coram Admirallo Angliae seu ejus Locum tenente , and Three or Four such other substantial Persons as shall be Named by the the Lord Chancellor .

Their Jurisdiction is to hear and determine all Treasons , Felonies , Robberies , Murders , and Confederacies , committed or done upon the Sea , &c.

These Offences shall be heard , and determined according to the Common Law ; and therefore some of the Judges of the Realm are ever in Commission .

The Mischief before making this Statute you may see Co. 3 Inst. cap. Piracy , Vide Co. 4 Inst.

The Port Courts .

A Port-Mote , is a Court kept in Haven Towns , or Ports , and thereof taketh his Name Curia Portus .

Portus à portando , Est locus in quo Exportantur & Importantur Merces ; and they are Portae Regni , The Gates of the Realm . Hitha , and Heda , often in Doomsday is taken for a Haven , or Port , anciently written Hafne , and now Haven , and hereof cometh Queen-Hith in London , and Lambhith .

Every Haven is within the Body of the County , whereof see more in Coke's 4th Institutes , Court of Admiralty , and the Statute of 43 Eliz. cap. 15.

Commissioners and others for Beacons , Signs of the Sea , Light-Houses , Sea-Marks , and concerning Watches .

BEacon is from the Saxon Bechan , which is Signum dare , and we use the word to Becken at this day .

Before Edward the Third they set Stacks of Wood in High Places ; but in his time Pitch Boxes , as now they be , were set up , and this is properly called a Beacon .

Light-Houses , Ignes Speculatorij seu Lumen Maritimum , are properly to direct Sea-faring Men in the Night when they cannot see Marks , and these also Signa speculatoria sui Pharus , unde Versus .

Lumina Noctivagae tollit Pharus aemula Lunae .

Sea-Marks , as Steeples , Churches , Castles , Trees , and such like for direction of Seafaring Men in the Day time , are called signa Marina , or Speculatoria , or signa Nautis ; whereof Virg. 5 Aeneis ,

Hic viridem Aeneas frondenti ex ilice Metam , Constituit signum Nautis pater unde reverti , Sciverit & longos , ubi circumflectere Cursus .

At the Common Law none could Erect any of these Three , but the King ; It being done ever by the King's Commission under the Great Seal ; But of later times by Letters Patents to the Lord Admiral , he hath power to Erect the same .

By the Act of 8 Eliz. the Master , Wardens , and Assistants of Trinity-House of Deptford Stroud ( a Company of the chiefest and most expert Masters and Governours of Ships ) shall and may lawfully from time ▪ to time , at their will and pleasure , and at , their costs , Make , Erect , and Set up such , and so many Beacons , Marks and Signs for the Sea in the Sea-shoars and Upland places near the Sea-coasts , or Forelands of the Sea , only for Sea Marks , as to them shall seem most meet , whereby the Dangers may be avoided , and Ships the better come to their Ports : And all such beacons , Marks , and Signs so by them to be Erected , shall be continued , renewed , and maintained from time to time , at the Costs and Charges of the said Master , Wardens , and Assistants .

If any cut down , &c. any Beacon , &c. by the Statute of 8 Eliz. 13. he shall incur the Penalty therein mentioned ; which if he be not able to pay , he shall be ipso facto convict of Utlawry .

Vide Coke's 4. Inst. cap. 25. The Transcript of a Manuscript . Ordination , which hath been observ'd for Watch to be kept in the County of Norfolk from Lyme to Yarmouth ; and it is very probable the like hath been done by like Authority in other Maritime Counties . Vide Stat. 5 H. 4. cap. 3. Watches to be made in the Sea Coasts in places of Danger through the Realm , by the Number of People , and in manner they were wont to be made in times past .

De Conservatore Treugarum ( i. e. ) Induciarum & Salvorum Regis Conductuum .

BY 2 H. 5. Conservatorum Induciarum & salvorum Regis conductuum was Praised , and Appointed in every Port of the Sea by Letters Patents ; His Office was to Inquire of all Offences done against the King's Truces , and fafe Conducts upon the Main Sea ( out of the Counties , and out of the Liberties of the Cinque-Ports ) as Admirals of Custom were wont .

It concerns the Jurisdiction of divers Courts , especially the Court before-mentioned upon the Statute of 28 H. 8. and of the Court of Admiralty , to know the Rights of Leagues and Ambassadors , as far as the Laws of England Extend unto .

All Leagues , or Safe Conducts are , or ought to be of Record Inrolled in Chancery , that the Subject may know who may be in Amity with the King , and who not ; who be Enemies , and can have no Action here , and who in League , and may have Actions Persona● here .

In all Treaties , the Power of the one and the other ought to be Equal .

A League may be broken by Levying of War , or by Ambassador , or Herald .

Bryan 19 E. 4. held , if all the Subjects in England would make War with a King in League with the King of England , without the Assent of the King of England , yet such a War was no breach of the League . See 2 H. 5. cap. 6. in the Preamble .

But in the Duke of Norfolk's Case , 14 Eliz. the Question was , Whether the Lord Herise , and other Subjects of the King of Scots , who without his Consent had wasted and burnt divers Towns in England , and Proclaimed Enemies , were Enemies in Law within the Statute of 25 E. 3. the League being between the King and Scotland , and Resolved they were Enemies .

And in the Bishop of Rosse's Case , Anno 13 Eliz. The Question being , An Legatus qui Rebellionem contra Principem ad quem Legatus concitat Legati , Privilegiis gaudeat , & non ut Hostiis Poenas subjaceat ; and Resolv'd he had lost the Priviledge of an Ambassador , and was subject to Punishment .

Ambassadors were called Orators afterwards Legati à legando , Nuntij à n●nciando ; and afterwards Ambassiatores , or Embassatories and , sometimes Agents .

For , Omnis Legatus est Agens , sed Omnis Agens non est Legatus .

In Sam. Palach's Case , 12 Jac. 1. affirming himself to be Ambassador of Mula Sedan , King of Morocco , mentioned Coke's 4 Inst. cap. 26. It was Resolv'd there could be no Ambassador without Letters of Credence from his Sovereign to another who had Sovereign Authority ; and although in his Letters of Credence he be termed an Agent , or Nuntius , yet in such Case he is Ambassador or Legate . And it was likewise Resolv'd , That Ambassadors ought to be Free , and Safe in every place by the Law of all Nations ; yea , although they be Ambassadors of our Enemies , or a Banish'd Man be sent to the place from whence he is banish'd . And in the Case of Cardinal Poole , fled to Rome from Henry the Eighth , the Pope sent him Ambassador to the French King ; the King of England Demandeth him ( as a Traytor ) from the King , notwithstanding he was sent Ambassador ; sed non praevaluit .

But if a Sovereign Ambassador , being Prorex , committeth here any Crime which is contra jus G●ntium , as Treason , Murder , Adultery , &c. he may be punished as another private Alien , and not remanded to his Sovereign but of Courtesie : And so of Contracts that be good Jure Gentium he must answer here ; but if any thing be Malum prohibitum by an Act of Parliament , Private Law , or Custom of this Realm , which is not Malum in se Jure Gentium , nor contra Jus Gentium , an Ambassador residing here shall not be bound by them ; but otherwise it is of the Subjects of either Kingdom . Vide Information upon the Statute of 19 H. 7. cap. 1. Coke's 4 Inst. cap. 26. concerning Prohibited Goods brought hither . See more in Palach's Case , Where one may not be Indicted of Piracy , for taking the Goods of the Subjects of an Enemy Prince , solo Amici , and where The Court of Admiralty shall have the Jurisdiction , and where not . And now a word or two concerning

Leagues , of which are four kinds : I. Foedus Pacis , and that a Christian Prince may have with an Infidel , Si fieri possit quod ex vobis est , cum omnibus hominibus Pacem habeatis ; 2. Foedus Congratulationis , sive Consolationis . And this a Christian Prince may make with an Infidel , as David did with Hanon , I Chron. 19.2 . 3. Foedus Commercij , sive Commutationis Mercium . And this also may be made with an Infidel , as King Solomon did with Hiram , and Joshua did with the Gibeonites . 4. Foedus Mutu● Auxilij . And this cannot be done with an Idolater , Jehosaphat King of Judah made Foedus mutui auxilij with Ahab King of Israel , an Idolater : For Ahab said to Jehosaphat , Veni mecum in Ramoth Gilead ; cui ille respondet , Ut ego & tu , & sicut populus tuus sic & populus meus tecum erimus in Bello . In which War Ahab was slain , and Jehosaphat in extream danger .

But seeing Foedus Pacis , and Foedus Commercij may be with an Infidel , Pagan , and Idolater , and those Leagues are established by Oaths , whether the Infidel or Pagan may Swear by False Gods , seeing he thereby offendeth the True God by giving Divine Worship to False Gods . St. Austin moved by Publicola resolveth , That he who taketh the Credit of him that sweareth by False Gods , not for any Evil but Good , doth not joyn himself that Sin of Swearing by Devils , but is partaker of those Lawful Leagues wherein the other keepeth his Faith , and Oath : But if a Christian should any way induce another to Swear by them , herein he should grievously sin ; And the League in these Cases is warranted by the Word of God , Et per Praxin Sanctorum in Sacra Scriptura , all incidents thereunto are permitted .

In ancient time no Ambassador came into this Realm before he had Safe Conduct : For as no King can come in without the King's License , or Safe Conduct ; so no Prorex , &c. which representeth a King's Person can do it . For Safe Conducts see the Writs in the Register , and the Statute of the 15th , 18th and 20th of Henry the 6th , with all Incidents thereunto . King Henry the 7th , that Wise King , would not in all his time suffer Lieges Ambassadors of any Foreign King or Prince within his Realm , nor he any with them ; but upon occasion used Ambassadors .

Every Ambassador ought to have Four Qualities ,

Nuntie sis verax , tacitus celer , atque fidelis .

And of him another saith ,

Foederis Orator , Pacis via , Terminus Irae , Semen Amicitiae , Belli fuga , Litibus hostis .

The difference between a League , and Truce is , that a Truce is a Cessation from War for a certain time ; A League is , a perfect striking of Peace .

It 's said 9 E. 4. That a League between Two Kings , without naming of Successors , doth not extend to Successors ; notwithstanding by our Law , Rex non intermoritur .

See more of this , and Ambassadors to the Pope and General Councils , &c. Co. 4 Inst. cap. 26.

The Court of the King of England

IS a Monarchy , or Common-wealth within a Monarchy , consisting of Ecclesiastical , Civil , and Military Persons , and Government . And for

The Ecclesiastical Government of the King 's Court.

IS a Dean of the King's Chappel , chosen by the King , and acknowledgeth no Superiour but the King : For as the King's Palace is Exempt from all Inferiour Temporal Jurisdiction , so is his Chapel from all Spiritual ; His Fee is 200 l. per Annum , and a Table . And ,

By the Dean are chosen all other Officers , ( viz. )

A Sub-Dean , or Praecentor Capellae , Fee 100 l.

Thirty Two Gentlemen of the Chappel , whereof Twelve are Priests , and one of them is Confessor to the Houshold , whose Office is to Read Prayers every Morning to the Family , to Visit the Sick , to Examine , and prepare Communicants , to Inform such as desire Advice in any case of Conscience , or point of Religion , &c.

The other Twenty Gentlemen , called Clerks of the Chappel , are with the aforesaid Priests , to perform the Office of Divine Service , in Praying , Singing , &c. One of these being well skilled ●n Musick is Master of the Children , whereof there are Twelve in Ordina●y , To instruct them in the Rules and Art of Musick for service of the Chappel ; Three other of the said Clerks ●re Organists , to whom upon Sundays , Collardays , and other Holydays , are ●oyned the Sack-Buts and Cornets , be●onging to the King 's private Musick . Their Fee to each is 70 l. per Annum .

Four Vergers , so called from the Silver Rods they carry in their Hands ; Also a ●erjeant , a Yeoman , and a Groom of the Chappel .

The King hath also his Private Oratory , where some of his Chaplains read Divine 8ervice unto him on Working-days every Morning and Evening .

Twelve principal Feast-Days in the Year are called Offering-Days , viz. Christmas , Easter , Whitsunday , and All Saints , called Houshold-Days , upon which the Besant or Gold to be Offered is delivered to the King by the Lord Steward , or some other of the principal Officers ; then New Years-Day and Twelfth-Day , upon the latter of which are offered Gold , Frankinsence , and Myrrh in several Purses . Lastly , Candlemass , Annunciation , Ascension , Trinity Sunday , St. John Baptist , and Michaelmas-Day , when only Gold is offer'd . These Offerings made by the King to God ( In Signum Speciale Dominij ) after Divine Service , or at the Offertory , he being attended by the Principal of the Nobility , with their Collars of the Garter , did anciently belong to the Archbishop of Canterbury's Disposal ; But now are to be Dispos'd by the Dean of the Chappel amongst the Poor .

The Lord High Almoner , who is the Bishop of London for the time being , disposeth of the King's Alms ; and besides all Money allowed by the King , hath all Deodands and Bona Felonum de se for that purpose . And under him is

A Sub-Almoner , Two Yeomen , and Two Grooms of the Almonry . The High Almoner hath no Fee , his Sub-Almoner hath Fee 6 l. 6 s. 10 d.

The Clerk of the Closet , or Confessor to His Majesty , who is to attend at the King 's Right Hand during Divine Service , to Resolve all Doubts concerning Spiritual Matters , to wait on His Majesty in his private Oratory , or Closet , and his Fee is Twenty Nobles . And there is

A Keeper of the Closet , whose Fee is 5 l. per Annum . The King hath also

Forty Eight Chaplains in Ordinary , ( besides the Extraordinary ) who wait by Turns , Four every Month.

Anciently at Court were Sermons in Lent only , and that in the Afternoons in the open Air by Bishops , Deans , or principal Prebendaries : And them also appointed by the Archbishop of Canterbury . Now on Ashwednesday in the Morning begins the Dean of the Chapel to Preach , on each Wednesday after one of the Chaplains . Every Friday the Dean of some Cathedral , or Collegiate Church . On Good Friday the Dean of Westminster ; on every Sunday a Bishop , and on Palm Sunday an Archbishop , On Easter-day the Lord High Almoner .

The Civil Government of the King 's Court.

THe Lord Steward , is the Chief Officer of the King's Houshold , to whom is committed the State of the King's House , and all his Commands in Court to be obey'd ; He hath Authority over all , except those of his Majesties Chappel , Chamber and Stable .

He is a White Staff Officer , and by his Office without any other Commission Judgeth of all Treasons , Felonies , Bloodsheds , within the King's House , or within the Verge , which is 12 Miles round the Tunnel of the Court ( only London by Charter is Exempted . ) And this Jurisdiction of the Verge , hath from ancient time been executed by the Lord Steward with great Ceremomony , in the nature of a peculiar King's Bench , and that not only within , but without the King's Dominions .

The Lord Chamberlain is the next Officer , who hath Oversight of all the Officers belonging to the King's Chamber ; except the Precincts of the King's Bed Chamber , which is wholly under the Groom of the Stole , and all above Stairs , who are all Sworn by him ( Or by his Warrant to the Gentlemen Ushers to the King ) Hath the Oversight of all the Officers of the Wardrobes , at all his Majesties Houses , and of the removing Wardrobes , of the Tents , Revels , Musick , Comedians , Hunting , Messengers , Trumpetters , Drummers of all Handicrafts , and Artisans , Heralds , Pursuivants , Serjeants at Arms , Phisicians , Apothecaries , Chyrurgeons , Barbers , &c. and Chaplains , although himself be a Layman ; Also the charges of Coronations , Marriages , Entries , Cavalcades , Funerals , &c. His Fee is 100 l. yearly , and 16 Dishes each Meal , with the Appurtenances ; And most of the Places before mentioned are in his Gift or Disposal .

The Master of the Horse , is the Third Great Officer , And hath now the ordering of the King's Stables , and Races and Breed of Horses , and hath Power over Escuries and Pages , over Footmen , Grooms , Riders of the Great Horse , Farriers , Smiths , Coachmen , Sadlers , and all other Trades working to the King's Stables ; To all whom he ( or by his Warrant the Avenor ) giveth an Oath to be True and Faithful : He hath the charge of all Lands , and Revenues appointed for the King's Breed of Horses , and Charges of the Stable , and for Litters , Coaches , Sumpter horses , &c. He only hath priviledge to make use of any Horses , Pages , or Footmen , belonging to the King's Stables . At Solemn Cavalcades he Rides next the King , and leads a Leer Horse of State ; His Fee is 666 l. 16 s. 4 d. yearly , And a Table of 16 Dishes each Meal .

Under these Three principal Officers of his Majesties Houshold , are almost all other the Officers and Servants .

The Compting House .

SO called because Accompts for all Expences of the King's Houshold are there daily , The Lord Steward , The Treasurer of the Houshold , The Comptroller , The Cofferer , The Master of the Houshold , The Two Clerks of the Green Cloth ; And the Two Clerks Comptrollers , who also make Provisions for the Houshold according to the Law of the Land , and make Payments , and Orders for well Governing of the Servants of the Houshould .

And the Cofferer is to pay the Wages of the King's Servants below Stairs , and the Lord Chamberlain above Stairs , Vide 39 Eliz. cap. 7. And he is accomptable in the Exchequer for about 40000 l. And in the Compting House is .

The Court of Greencloth .

SO called of the Green Cloth whereat they sit , and is composed of the Persons last above mentioned , whereof the Three first are usually of the King 's Privy Councel .

To this Court being the first and most ancient Court of England , is committed the Oversight of the King's Court Royal , for Matters of Justice and Government , with Authority for maintaining the Peace within Twelve Miles distance , wheresoever the Court shall be , and within the King's House , the Power of correcting all the Servants therein that shall any way offend .

The Treasurer of the King's Houshold , in the absence of the Lord Steward , hath Power with the Comptroller , and Steward of the Marshalsea , to Hear and Determin Treasons , Felonies , and other Inferiour Crimes committed within in the King's Palace , and that by Verdict of the Houshold ; He bears a White Staff , and his yearly Fee is 124 l. 14 s. 8 d. And a Table of 16 Dishes each Meal .

The Comptrollers Office , is to Comptrol the Accompts , and Reckonings of the Green Cloth ; and his yearly Fee is 107 l. 12 s. 4 d. And bears a White Staff , and hath 16 Dishes each Meal .

The Cofferer is a principal Officer , and hath special charge over other Officers of the House for their good Demeanor and Carriage , and is to pay the Wages to the King's Servants , and for Provisions by the Direction of the Green Cloth ; He hath a Fee of 100 l. yearly , and a Table of 7 Dishes daily .

The Master of the Houshold is the next Officer , who is to Survey the Accompts of the House ; His Fee 100 Marks , and 7 Dishes daily .

Two Clerk's Comptroller's are to Tolt and Allow all Bills of Comptrolment , Parcels , and Brievements . And the

Two Clerk's of the Green Cltth are to Sum them up ; And the Fee to each of these Four Clerks is , 48 l. 13 s. 4 d. And between them , Two Tables of 7 Dishes to each Table .

The rest of the Compting House , being less considerable we pass over , And come to give a brief Accompt of the Officers , or persons in the several Offices . As first in the

Acatery is a Serjeant , a Clerk , Purveyors , Yeomen , In all Twelve .

Poultry a Serjeant , a Clerk , Yeoman , Grooms , Purveyors , in all Ten.

Bakehouse a Serjeant , Clerk , Yeomen , Grooms , and Pages , in all Eighth .

Woodyard , a Serjeant , a Clerk ; Yeomen , Grooms , and Pages , in all Eight .

Scullery a Serjeant , a Clerk , Yeomen , Grooms , and Pages , in all Twelve .

Lardour a Serjeant , Clerk , Three Yeomen , Three Grooms , Two Pages .

Pastry a Serjeant , a Clerk , Yeomen , Grooms , and Children , in all Eleven .

Pantry a Serjeant , a Yeomen , Grooms , Pages .

Cellar a Serjeant , a Gentleman , Yeomen , Grooms , Purveyors , Pages , in all Twelve .

Buttery a Gentleman , Yeoman , Grooms , Pages , Purveyors , in all Eleven .

Pitcher-house a Yeoman , Grooms , Page , and Clerk , in all Five .

Spicery Three Clerks , and a Grocer .

Chandlery a Serjeant , Two Yeomen , Two Grooms , and a Page .

Wafery a Yeoman , and a Groom .

Confectionary a Serjeant , Two Yeomen a Groom , and a Page .

Ewry a Serjeant , a Gentleman , Two Yeomen , a Groom , and Two Pages .

Laundry a Yeoman , a Groom , Three Pages , and a Draper .

Kitchen Three Clerks to the King , and Two to the Queen ; The chief of these Clerks hath a Fee and Diet equal to an Officer of the Green Cloth ; A Master Cook to the King , A Master Cook to the Queen , A Master Cook to the Houshold , each of these Three a Table of 5 Dishes , Six Yeomen , Seven Grooms , Five Children , in all Twenty six Persons .

Boyling House a Yeoman , Two Grooms .

Scalding House Yeoman , Grooms , and Pages , in all Six .

Harbingers Office , a Knight , Three Gentlemen , and Seven Yeomen Harbingers ; The Knight Harbingers Office , is by Letters Patent under the Great Seal of England during Life , So oft as the King goes broad either in England or beyond Seas ; He doth by himself or his Deputy provide and appoint all Lodgings and Harbingage for all Great Persons . All Noblemen , Bishops ; All his Majesties Servants , and Attendants , and for all other his Liege People , for Ambassadors , and Foreigners , &c. His Salary 20 Marks per Annum . and 10 s. per diem . Out of the Exchequer , besides Fees for Honour given by the King , and Homage done to his Majesty and divers other Perquisites .

Porters at Gate , a Serjeant , Two Yeomen , Four Grooms , Clerks of the Carriage , Two Yeomen Cart Takers , Six in Number , Surveyors of the Dresser Two , one above Stairs and another below ; Marshals of the Hall Four , Sewers of the Hall Five ; Waiters of the Hall Twelve , Messenger of the Compting House One ; Bellringer One ; Long Cart Takers Four ; Wine Porters Eight ; Woodbearer One ; The Cock of the Court One.

Besides the aforesaid Officers b●low Stairs , there are also under the Lo●d Steward , all the Officers belonging to the Queens Kitchin , Cellar , Pantry , &c. And to the Kings Privy Kitchin ; and to the Lords Kitchin together with Children , Scourers , Turnbroachers , &c. In all Sixty eight .

These Officers according to their Degrees , are named Lords , Knights , Esquires , Serjeants , Gentlemen , Clerks , Yeomen , Grooms , Pages , or Children , and these Succeed each other , as they Outlive those next Degree above them .

As likewise from the Pastry to the Acatery , as the Clerk of one Office dies the next succeeds ; And as the Clerk of the Avenary , Spicery , or Kitchin dies ; The Clerk of the Acatery succeeds , and from thence to be one of the Clerks Comptrollers ; Then Clerk of the Compting House ; Then Master of the Houshold ; Lastly Cofferor of the Houshold , Higher than which he cannot rise by Succession .

Although the King pays but the ancient Fees , which at first were above Ten times the value ; Yet the perquisites in many Offices make sometimes a place of 10 l. worth near 500 l. per Annum .

The Knight Marshal

CAlled Mareschallus Hospitij Regis , hath Jurisdicton and Cognizance of all Crimes within the Royal Palace , where one of the Parties is the Kings Servant ; He is one of the Judges of the Court called , The Marshalsea , or Marshals Seat of Judicature , which is held in Southwark , and hath a Prison belonging to the same . Upon Solemn Occasions he Rides before the King with a Short Baston , Tipt at both Ends with Gold , and hath Six Provost Marshals , Or Virgers in Scarlet Coats to wait on him , and to take care of the Royal Palace , That no Beggars , Vagabonds , Common Whores , Malefactors , &c. come within or near : And now we are led to speak of the Marshals Court before mentioned . And called .

The Court of the Marshelsea .

THis is an ancient Court of Record , Ordained to determine Suits between those of the King's House , and others within the Verge .

The Judges are the Steward and Marshal of the King's House , who have Cognizance of all manner of Pleas of Trespass within the Verge , so as either party be of the same House ; and of all other Actions personal wherein both Parties are the King Servants , and this is the proper Jurisdiction of the Marshal's Court. And a Man shall have Amercement in an Action brought against him in the Court of the Steward and Marshal , when he is not of the Kings House , when the Trespass or Contract was made , or when the Plaintiff was not of the Kings House at that time , F. N. B. 141.

Error in this Court , for that neither of the parties was of the Kings House at the time of Suit brought , or for that it is not shewn , that the Plaintiff nor Defendant were of the Kings House at that time or afterward , and every other Cause of Errour there , shall be amended in the King's Bench , 5 & 10 E. 3. c. 3. And having taken some short remarks upon the Marshalsey we come next to

The Court of the Palace .

CUria Palatij was Erected by King Charles the First , By his Letters Patents dated the 2d of July , Anno Regni sui sexto ; And made a Court of Record , called the Court of the Kings Palace at Westminster , For the Tryal of all Personal Actions between Party , and Party ; The Liberty whereof extends 12 Miles round Whitehal , which Jurisdiction was confirmed by King Charles the Second .

The Judges of this Gourt are the Stewards of the Kings House , and Knight Marshal for the time being , and the Steward of the Court , or his Deputy , being always a Lawyer .

This Court is kept every Fryday in th Court House on St. Margarets-Hill in Southwark , and may be held in any place within the Jurisdiction .

The Proceeding is by Capias or Attachment , which is to be served upon the Defendant by one of the Knights Marshals Men , who taketh Bond with such Sureties for the Defendants Appearance at the next Court as he will be answerable for ; The Process may may be had at several places within the Liberty of the Court , appointed by the Steward which every Marshals Man can help you to .

The Defendant upon Appearance must put in Bail to Answer the Condemanation of the Court , which if he neglect to do , the Plaintiff may have the Bond for appearance assigned over to his use .

The next Court after Ball put in , The Plaintiff ought to Declare , and set forth the cause of his Action , and so afterwards proceed to Issue and Trial by Jury , according to the course of the Common Law , and that in Four or Five Court days .

They hold Pleas of all manner of Personal Actions ; as Debt , Trespass , Battery , Slander , Trover , and all Actions of the Case , &c. But usually , if the Cause be considerable as ( above Five pound ) they carry the Cause away by an Habeas Corpus cum causa into the King's Bench , or Common-Pleas .

The Fees of the Palace Court , or Marshalsea , as granted by the Letters Patent , You may see at large in the Compleat Sollicitor .

The Court of the Lord Steward , Treasurer , and Comptroller of the Kings Houshold concerning Felony , &c.

THey , or any of them have Authority to Inquire by 12 Sad Men , and Discreet Persons of the Cheque Roll ; If any Servant in the Cheque under the State of a Lord make any Confederacies , Compassings , Conspiracies , or Imaginations with any Person , or Persons to Destroy or Murder the King ; Or any Lord of this Realm ; Or any Person Sworn to the King's Councel ; Or the Steward , Treasurer or Comptroller of his Houshold , And if it be found , then to be put to Tryal by 12 other Sad Men of the Houshold , and no Challenge to be allowed but for Malice ; And if they are found guilty , then to be adjudged Felony , Vide le Statute , 3 Hen. 7. cap. 14.

The Court of the Lord Steward of the King's House : Or in his Absence of the Treasurer and Comptroller , and Steward of the Marshelsea .

THey , or Two of them , whereof the Steward of the Marshelsea to be One , by vertue of their Offices without any Commission , Have Authority by the Act of 33 Hen. 8. cap. 12. The said Steward of the Marshalsea being from time , to time appointed by the Lord Great Master , or Lord Steward for the time being ; And whether the King be removed from his Palace House , or Houses , or not removed before such Offence , Inquired of , Tryed , Heard , and determined , the said Officers shall have a power to Inquire by Verdict of the King's Houshold-Servants within the Cheque Roll , of all Persons slain within the King's House , or where he shall abide , before the Coroner of the King's Houshold , And all Officers named in the Act upon Precept to them have Power to Summon 24 Persons , Yeomen of the Houshold , to Enquire of Treasons , Misprisions of Treasons , Murders , Manslaughters , or other Malicious Strikings where Blood is , or shall be shed against the King's Peace ; Upon the Presentment , Inquisition , or Indictment found and certified by the Coroner , The Judges , or Two of them , ( whereof the Steward of the Marshalsea to be one ) shall make another Precept to the Clerks , and other Officers of the Houshold , who have thereby power to warn another Jury of 24 Gentlemen of the King's Chamber , and other Servants of the Houshold at a Day , Place ; and under a pain therein appointed , to appear ( whereof the Judges or Officers before whom they shall be returned , shall cause 12 without Challenge to be allowed , ( except for Malice ) To try the Offenders , and if they are Found Guilty of Treason , Murder , or Manslaughter , they shall have Judgment of Life , and Member , and other Forfeitures as if Tried by the Common Laws of the Realm ; If Guilty of Strking whereby Bloodshed , Then to have his Right hand stricken off , Imprisonment during Life , and Fine and Ransom at the Kings Pleasure , The Execution to be done in the Solemn manner by the Act directed .

A Cryer , to be appointed from time to time to call Juries , make Proclamations , and do other things belonging to the Cryer of the Court.

The Coroner to be appointed from time , to time by the Lord Steward .

Tryal of Peers , as hath been used .

The Priviledges , and Authorities of the Marshalsea Court within the Verge saved .

The Limits and Bounds of the said House or Houses , to be for these offences within all the Edifices , Courts , &c. within the Porters Ward , or within 200 Foot of the Standard of any Gate or Gates of the said Houses .

This Act extends not to any Nobleman , or other Person that shall Strike to correct his Servants , or any of the Councel , or other Head Officers Striking with their Hand , of small Strick in Executing their Office .

To Steal the Kings Goods , or entring his House to Steal , shall be Felony , Vide le Statute at large .

The Servants in Ordinary above Stairs .

THe Groom of the Stole , ( that is , according to the Greek , from whence the Latin and French derive it ) Groom , or Servant of the Robe , or Garment ; he having the Honour to present , and put on His Majesties first Garment or Shirt every Morning , and to order things of the Bed-chamber .

The Gentlemen of the Bed-chamber , consisting of the prime Nobility of England ; Their Office in general is , To Wait a Week in every Quarter by , Turn in the King's Bed-chamber , there to lye by the King in a Pallat-Bed all Night , and in the absence of the Groom of the Stole to supply his place . Moreover they Wait on the King when he eats in private ; for then the Cup-bearer , Carver , and Sewers do not Wait. The Fee to each is 1000 l.

Of these are Fourteen , or more ; Then there is The Vice-Chamberlain , The Keeper of the Privy-Purse , Treasurer of the Chamber : He pays Riding , and Lodging Wages , as the Lord Chamberlain shall direct .

The Master of the Robes belonging to His Majesty's person , who is to have the ordering of all His Majesty's Robes ; as those of Coronation , St. George's Feast , Parliament , and of all His Majesty's Wearing Apparel ; of his Collar of Esses , Georges , and Garters beset with Diamonds and Pearls .

Grooms of the Bed chamber ought to be Twelve , these are to be under the Degrees of Knights : Their office is to Attend in the King's Bed-chamber , to Dress and Undress the King in private , and the yearly Fee to each is Five hundred pounds .

Pages Six , whereof one is Keeper of the King's Cabinet Closet .

Gentlemen Ushers of the Privy-chamber ; These Wait one at a time in the Privy Lodgings , &c. and are Four .

Gentlemen of the Privy Chamber in Ordinary , Forty eight Quarter-Wainters by Turns ; Their office is Twelve every Quarter to Wait on the King's Person within Doors , and without , so long as he is on Foot ; and when the King eats in the Privy Chamber they wait at the Table , and bring in his Meat : they Wait also at Reception of Ambassadors , and every Night lye Two of them in the King's Bed-chamber .

A Gentleman of the Privy Chamber by the King's Commandment only , without any written Commission , is sufficient to Arrest any Peer of England , as Cardinal Woolsey acknowledged ; These wear Cloak , and Sword .

Grooms of the Privy Chamber in Ordinary , Six , all Gentlemen of Quality . These ( as all Grooms ) wait without Sword , Cloak , or Hat .

Gentlemen Ushers , daily Waiters in the Presence Chamber , Four ; The First whereof hath that considerable Office of the Black Rod , and in the time of Parliament is to attend every day the Lord's House , and is also Usher of the most Honourable Order of the Garter . Their office is to wait in the Presence Chamber , and to attend next to the King's person , and after the Lord Chamberlain , and Vice Chamberlain to order all Affairs , and all Under Officers above Stairs , are to obey these .

Gentlemen Ushers , Quarter Waiters in Ordinary , Eight ; These wait also in the Presence Chamber , and are to give Directions ( in the absence of the Gentlemen Ushers , Daily Waiters ) to the Grooms and Pages , and other Under Officers .

Gentlemen Waiters , Six ; Cupbearers , Five ; Carvers in Ordinary , Four ; Sewers to the Person in Ordinary , Four .

Esquires of the Body in Ordinary , Six ; Their office is to Guard the King's Person by Night , to Set the Watch , and give the Word , and keep good Order in the whole House by Night , as the Lord Chamberlain , and his other Officers , are to do by Day .

The Sewers of the Chamber , are Eight .

Groom Porter ; his Office is to see the King's Lodgings furnished with Tables , Chairs , Stools , and Firing ; To furnish Cards , Dice , &c. To decide Disputes arising at Cards , Dice , Bowlings , &c.

Serjeants at Arms , Sixteen ; all Gentlemen , or Knights , attending upon His Majesty . There are also Four other Serjeants at Arms , whereof one attends the Lord President of Wales , another the Speaker of the House of Commons , and another the Lord Lieutenant of Ireland ▪

Physicians in Ordinary , Four ; one assigned to the Queen , and one to the Houshold ; besides Twelve more , who are not the King's sworn Servants , nor have Fee .

Master and Treasurer of the Jewel-House , and Three Under Officers called Yeomen and Grooms ; Their office is to take charge of the Gold , or Silver Gilt , Plate for the King and Queens Table , of all Plate in the Tower , of Chains and loose Jewels not fixed to any Garment .

The Master of the Ceremonies Fee 200 l. One Assistant Fee 120 l. and One Marshal .

One Geographer , One Historiographer , One Hydrographer , One Library Keeper , One Poet Laureat , One Publick Notary .

The King 's Great Wardrobe .

THe Master , or Keeper of the Great Wardrobe , is an Office of great Antiquity and Dignity , High Priviledges , and Immunities were conferred by King Henry the Sixth , confirmed by his Successors , and enlarged by King James , the first who ordained this Great Officer should be an Incorporation or Body Politick for ever .

His Office is to make Provisions for Coronations , Marriages , and Funerals ; To furnish the Court with Beds , Hangings , Carpets , and other Necessaries ; To furnish Houses for Ambassadours at their first Arrival here , Presents for Foreign Princes , and Ambassadours , Cloaths of State , and other Furniture for the Lord Lieutenant of Ireland , Lord President of Wales , and His Majesty's Ambassadours abroad ; To provide all Robes for the Foreign Knights of the Garter , for the Officers of the Garter , Coats for Heralds , and Pursuivants at Arms , Robes for the Lord Chancelor , Lord Treasurer , &c. Rich Liveries for the Two Lord Chief Justices , All the Barons of the Exchequer , All the Officers of those Courts , All Liveries for His Majesty's Domestick Servants , All Linnen for the King's person , &c.

In which there is ordinarily Expended yearly about 25000 l. besides all Extraordinaries , as Coronations ; Funerals , &c.

His Salary , in compensation of all Ancient Fees , is 2000 l. per Annum . This Office is now kept in the Savoy . Under the Master is

A Deputy , whose Salary is 200 l. A Clerk , whose Salary in compensation of all Fees , and Allowances , is 300 l. per Annum .

To this Office have been lately added by Patent ( during pleasure ) A Comptroller , and Surveyor , Salary to each 300 l.

Belonging to this Office are divers Tradesmen , Artificers , and others to number of about Forty ; all sworn Servants to the King .

Besides the Great Wardrobe the King hath divers Standing Wardrobes at Whitehall , Windsor , Hampton-Court , the Tower of London , Greenwich , &c. Whereof there are divers Officers .

And Lastly , There is a Removing Wardrobe , which attends upon the Person of the King , Queen , and Children , Ambassadours , Christnings , Masks , Plays , &c. at the Command of the Lord Chamberlain , who hath the disposing of the Vacant places . Here are six Officers , one Yeoman , two Grooms , and three Pages .

The Salary of the Yeomen 200 l. each Groom 100 pounds , and each Page 100 Marks .

To All these together is allowed six Dishes each Meal .

All Moveables belonging to this Office are at length Divided into Three parts , whereof the Yeoman hath one for his own use , the Grooms another , and the Pages the Third part .

The Office of Tents , &c.

IN this Office of Tents , Toyls , Hays , and Pavilions , are Two Masters , Four Yeomen , one Groom , one Clerk Comptroller , one Clerk of the Tents .

The Office of the Robes .

BEsides the Master before-mentioned there is one Yeoman , three Grooms , one Page , Two Surveyors , one Clerk , and Persons of several Trades .

Faulconers .

MAster of the Hawks , and other Officers under him about London , and other Places belonging to the King , in all Thirty Three .

Huntsmen .

MAster of the Buck-Hounds , a Serjeant , and Thirty Four others ; one Master of the Otter-Hounds ; one Master of the Harriers , and Five under him .

Messengers .

OF the Chamber in ordinary , two Clerks of the Cheque , and Forty others .

Musitians in ordinary , Sixty Two .

Trumpeters in ordinary , and Kettle-Drummers , in all Fifteen .

Drummers and Fifes , Seven .

Tradesmen , one or two of all sorts .

Watermen , Fifty Five .

Comedians , Seventeen Men and Eight Women .

Keeper of Birds in St. James's Park , one :

Keeper of the Volery , and Serjeant Painter , one of each .

With divers other Officers and Servants under the Lord Chamberlain , to serve His Majesty upon Extraordinary occasions .

Many of these Offices and Places are of good Credit , great Profit , and Enjoyed by Persons of Quality .

Officers under the Master of the Horse .

FOur Querries ( from the French Escurie , a Stable ) of the Crown-Stable , and Eight of the Hunting-Stable ; Their Office is to attend the King in Hunting , or Progress , or on any occasion of Riding abroad , to help His Majesty Up and Down from his Horse . Fee to each of these is 20 l. yearly , the ancient Fee ; but have 100 l. yearly Allowance for Diet , besides Lodgings , and two Horse Liveries .

Avenor , from Avena , Oats ; Fee 40 l. This Place , with all the following , is in the Gift of the Master of the Horse

One Clerk of the Stable , Four Yeomen , besides Four Child Riders , Yeoman of the Styrup , Serjeant Marshal , and Yeoman Farriers , Four Groom Farriers , Serjeant of the Carriage , Three Surveyors , A Squire and Yeoman Sadler , Four Yeomen Granators , Four Yeomen Purveyors , A Yeoman Peck-man , A Yeoman Bill-maker , Four Coach-men , Eight Litter-men , A Yeoman of the Close Wagon , Sixty four Grooms of the Stable , whereof . Thirty Grooms of the Crown-Stable , and Thirty four of the Hunting , and Pad-Stable , Twenty six Footmen in their Liveries , to Run by the King's Horse , &c.

The Clerk of the Market , who within the Verge is to keep a Standard of all Weights and Measures , and to burn all False Weights and Measures ; And from the pattern of this Standard are to be taken all the Weights and Measures of the Kingdom .

The Military Government in the King 's Court.

THe Horse Guards , Life Guard , or Guard of the King's Body , consisting of Five hundred Horsemen , all or most of them Gentlemen and old Officers , commanded by their Captain , who is at all times of War , or Peace , to Wait upon the King's Person , as oft as he Rides abroad , with a considerable number of those Horsmen well Armed , His pay is 30 s. per diem . These Horse have been divided into Three parts whereof 200 under the Command of the Master of the Horse , and 150 under another Officer , and the other 150 Commanded by another Officer ; The Pay to each of these Officers 20 s. per diem .

Under the Captains of the Guards are Two Lieutenants , a Coronet , a Quarter-Master , and Four Brigadiers . The Horsmens Pay is 4. s. per diem .

The Band of Pensioners .

FIrst Instituted by King Henry the Seventh , and chosen out of the Best and most Ancient Families of England , not only as a Faithful Guard to the King's Person , but to be as a Nursery to breed up hopeful Gentlemen and fit them for Employment , Civil , and Military abroad , or at home ; as Deputies of Ireland , Ambassadors , Counsellors of State , Captains of the Guard , Governours of Places , and Commanders in Wars both by Sea and Land . Their Office is to attend the King's Person to , and from his Chappel , and all publick Solemnities ; A Peer of the Realm is usually Captain , whose Pay is 1000 l. per Annum ; his Lieutenant 200 l. yearly , his Standard-Bearer 200 l. yearly , Clerk of the Cheque 120 l. 1 s. 3 d. yearly , and Forty Gentlemen Pensioners , Fee to each is 100 l. yearly ; a Gentleman Harbinger to provide Lodging for them , his Fee 70 l. 11 s. yearly .

These Wait one Half by Quarter ; Upon Extraordinary occasions , All are Summoned ; Their ordinary Arms are Gilt Poleaxes ; their Arms on Horseback in time of War , Curassiers , Arms with Sword and Pistol . They are not under the Lord Chamberlain , but their own Officers , and always Sworn by the Clerk of the Cheque , who takes Notice who are absent from their Duty .

The Yeomen of the Guard .

ARe at present 100 Men in daily Waiting , and 70 more not in Waiting ; as any of the 100 dye , his Place is filled out of the Seventy ; these are chosen of the best Men under Gentlemen , and of Larger Stature than ordinary , for they were formerly to be six Foot high . Their Office is in their Coats and Caps , one Half with Harquebusses , and the other Half with Partizans , to wait upon the King in his Standing Houses , Forty by Day , and Twenty to Watch by Night , and about the City , to Wait on the King's Person abroad , by Water or Land .

Their Captain's Fee is 1000 l. yearly ; the Lieutenant 500 l. Ensign 300 l. Clerk of the Cheque 150 l. Four Corporals 150 l. each .

The King hath many other Inferiour Officers ; which over-passing , we come now to

The Government of the Queen's Court

IS suitable to the Consort of so Great a King , Splendid and Magnificent : And hath all Officers , and a Houshold apart from the King ; For Maintenance whereof there is usually setled 40000 l. per Annum , and is as followeth :

The Ecclesiastical Government of the Queens Court.

THe Lord , or Grand Almoner ; He hath Superintendency over all the Ecclesiasticks belonging to the Queen .

One Confessor to the Queen , and Four Almoners .

One Treasurer of the Chappel , Two Preachers , Four Clerks of the Chappel , and Four Boys .

Sixteen Chaplains Divers belonging to the Musick , and Two Vergers , or Porters .

The Civil Government of the Queen's Court.

THere is a Counsel consisting of Persons of Great Worth and Dignity ; A Steward of the Revenue , A Keeper of Her Majesties Great Seal , A Chamberlain , Master of the Horse , A Vice-Chamberlain , A Principal Secretary , and Master of Requeste , A Treasurer , and Receiver General , Attorney General , Solicitor General , A Surveyor General .

Six Gentlemen Ushers of the Privy Chamber , Two Cup-bearers , Two Carvers , Two Sewers , Five Gentlemen Ushers daily Waiters , Ten Grooms ef the Privy Chamber , Seven Gentlemen Ushers , Quarter Waiters .

Six Pages , attending at the Back-Stairs , Four Pages of the Presence .

Officers of the Robes .

A Surveyor , Proveditor , Clerk , Yeoman , Groom , Page , Tayler , and Brusher .

Twelve Grooms of the Great Chamber , One Porter of the Back Stairs .

A Master of the Queens Barge , and Twenty Four Watermen .

The Grooms of the Stole , Lady of the Robes , and of the Privy Purse , Seven Ladies of the Bed-chamber , One Keeper of the Sweet Coffers , Six Maids of Honour , and A Governess , or Mother of the Maids .

Six Chamberers , or Dressers , A Laundress , A Sempstress , A Starcher , A Necessary Woman .

These are all paid by Her Majesty out of her own Revenue .

There are besides Divers other Officers Below Stairs belonging to the Queens Table , and Stable , paid by the King , for which is allowed 20000 l. more .

The Prince of Wales , and other the King's Children , have likewise their Courts , or Housholds apart ; But these being not certain , no certain Allowance or Settlement is of them , but are rather at pleasure : And therefore I shall not particularize them , but refer to Chamberlain's Present State of England .

The Government of Cities .

ALthough every City is within some of the Counties herein before mentioned ; yet each of them are like a little Common-wealth , Governed by Laws , and Customs Ecclesiastical Civil , and Military , within themselves ; And this by Charter , or Priviledges granted and cofirmed to them by several Kings of this Realm . And there is for

The Ecclesiastical Government of Cities .

A Bishop , every City being or having been a Bishops See , and hath a Cathedral to which belong a Dean , A Chapter , A Treasurer , and Prebendaries , who have Lands and Revenues belonging to them for their Maintenance ; and though the Bishoprick be dissolved , the City remains , as Westminster and Cambridge , which was antiently reputed a City . And for

The Ecclesiastical Government of Parishes there is a Rector , or Vicar for every Parish , who is to have the Cure of the Souls of his Parishioners , every one of which , hath a Parsonage , or Vicaridge-House , and a Competent allowance of Tithes for their Maintenance . And there is for

The Civil Government of Cities ,

A Mayor , who is the King's Lieuetenant , chosen by the Citizens , and approved by the King , and is for one year as a Judge , to determine all Matters within his Jurisdiction , and to Mitigate the Rigour of the Law : And next in Government of Cities are the

Two Sheriffs , who are Judges in Civil Causes within the City , and to see all Execution done whether Penal or Capital , To Execute the Kings Mandates within the City , &c. And might rather be called State Reeves , or Port-Reeves , ( i. e. ) Urbis vel Portus Praefecti .

The Mayor , Sheriffs , and Aldermen of every City , may make Laws called

By-Laws , for the Government of the City , provided they are not Repugnant to the Laws of the Kingdom .

And these have several Courts which have Jurisdiction in all Civil , and Criminal Causes , only with Restraint that all Civil Causes may be removed from their Courts to the Higher Courts at Westminster : But of all these we shall speak more at large , when we come to treat of the City of London , and other Cities in particular , which may serve for an Example , or Pattern of all the rest . And therefore we shall begin with

The City of London .

LOndon , so called as some conjecture from the British word Longdin , signifying in the Saxon Tongue Shipton , or Town of Ships : But others derive it otherwise , And therefore not to insist thereon , Nam utere tuo Judicio , nihil impedio ; It was Built as some Write 1108 years before the Incarnation of our Saviour ; In the time of Samuel the Prophet , Is in length about 7 Miles and half , and about 2 Miles and half in breadth : Hath above 500 Streets , and Alleys , and 15000 Houses within the Walls , which may not be accompted above a Sixth part of the whole City .

The Cathedral Church of St. Paul , was Built , or begun by Ethelbert King of Kent , about Anno Christi 610 , and is the only Cathedral of that Name in Europe : Besides this , there are 130 Parish Churches , besides Chappels , which is double the number to be found in any other City in Christendom .

The Ecclesiastical Government

OF London is , as before mentioned of Cities in General , By a Bishop , and was in the time of the Britains by an Archbishop , but by the Saxons , the Archiepiscopal See was removed to Canterbury , for the sake of St. Austin , who first Preached the Gospel there to the Heathen Saxons , and was there buried , since which , there have been 100 Bishops to the present Bishop there .

To this Cathedral belongs a Dean , a Chapter , and 30 Prebendaries , maintained in like manner before mentioned in the General Government of Cities .

The Ecclesiastical Government of Parishes is as before mentioned , by a Parson , Rector or Vicar , To have cure of Souls in every Parish , who have a Parsonage , or Vicaridge-House , and a competent Allowance in Tithes , which was anciently besides the Tithes of Tradesmen's gains , and mortuaries , &c. 3 s. 5 d. in the pound Rent , which they paid by a Half every Sunday and Holiday ; Afterwards by 25 Hen. 8. It was ordained , and afterwards confirmed by 27 Hen. 8. and 37 Hen. 8. That 2 s. 9 d. in the pound should be paid for the Rent of all Houses , Shops , &c. to the Parson , with power to the Lord Major , to Imprison any Person should refuse to pay the same .

The Civil Government

OF London is by a chief Magistrate anciently called The Prefect of London , In the Saxons time Portegreeve , by the Norman's Bailiff or Bailiffs , till King Rich. the First , Anno 1189 , changed the name of Bailiff to Mayor , which is now

The Lord Mayor , and is a Citizen , yearly chosen by the Citizens , and approved by the King , unless sometimes for Disloyalty , their Priviledges , and Franchises are taken from them ; and a Guardian set over them , as was done by Hen. the Third , and Ed. the First .

He is usually Knighted by the King before the end of his Mayoralty , if he had not that Honour before ; His and the Sheriffs Tables are open to all comers , and for his Grandeur is allowed● 1000 l. for his Sword-bearers Table ; His Domestick attendance is very . Honourable , and hath Four Officers reputed Esquires by their places , ( viz. ) The Sword-bearer , Common Hunt , who keepeth a Kennel of Hounds , Common Cryer and the Water Bailiff ; There is also the Coroner , Three Serjeant Carvers , Three Serjeants of the Chamber ; A Serjeant of the Channel ; Four Yeomen of the Water-side ; One under Water Bailiff ; Two Yeomen of the Chamber ; Three Meat weighers ; Two Yeomen of the Wood-wharfs , most of which have their Servants allowed them , and have Liveries for themselves .

Upon the Death , or Demise of the King , he is said to be the Prime Person of England ; On the day of the Kings Coronation , he claims to be chief Butler , and to bear the Kings Cup amongst the Highest Nobles of the Kingdom .

His Authority reaches not only over all the City but part of the Suburbs , and on the River of Thames Eastward , as far as Yendale or Yenleete , and Westward as far as Colney Ditch above Stanes Bridge , and keeps several Courts in the Counties adjacent to the Thames for Conservation of the River , and Punishment of Offenders therein , And there are

Two Sheriffs of London , who are also Sheriffs of the County of Middlesex , and are Annually chosen by the Citizens from among themselves in the Guild-hall upon Midsumer day , approved by the King , and then upon Michaelmas Eve Sworn , and presented to the Barons of the Exchequer , to be allowed by the Barons and Sworn ; If the Persons so chosen refuse to hold they incur a Penalty , unless they will make Solemn Oath they are not worth 10000 l.

Twenty six Aldermen , Preside over the 26 Wards of the City ; When any of these die , The Lord Mayor , and Aldermen chuse another out of the most substantial Men of the City , and if any so chosen refuse to hold , he is commonly fined 500 l.

All the Aldermen who have been Lord Mayor , and the Three eldest , who have not yet arrived to that Honour , are by their Charter Justices of Peace ; And this City of London is Camera Regis Reipublicae , Cor & totius Angliae Epitome .

To the Lord Mayor , and the City of London , belong divers Courts of Judicature , amongst which the chief is ,

The Court of Hustings .

DOmus Causarum , Hus , being in the Saxon Tongue House , and Dhing Things ; It is the Highest Court of London , And is holden before the Lord Mayor and Sheriff , or now in the Sheriffs absence , Six Aldermen , which sit in Court there every Tuesday , altho' that it may not seem to Vary from the Command of St. Edward the Confessor , that it should be holden every Monday , it is still written to be holden on the Monday ; And hath Cognizance of all Pleas Real , mixt , and Personal ; For the Rule in the Register is , Quodlibet breve quod tangit Liberum Tenementum in London dirigitur Majori sive Custodi & Vicecomitibus , Et ●lia Brevia tantum Vicecomitibus .

By Fleta lib. 28 & 48. It appears , that the name or Court is not appropriated to London only , for the King hath his Court in Civitatibus Burgis & Locis Exemptis sicut in Hustingis London , Winton , Lincoln , Eborum , & apud Shepway ubi Barones & Cives Recordum habent , &c.

One Week the Judges sit upon Pleas Real , The next upon Actions mixt , or of any other nature , So that all Lands , Tenements , Rents , and Services within London , and the Liberties and Suburbs thereof , are Pleadable at Guild-Hall in two Hustings , one called Husting de placito Terrae and the other Husting Commun' Placitorum .

And if a Man be impleaded in the Common Pleas of Lands in London ; The Tenant shall say the Lands are in London , and time out of mind , &c. every one hath been impleaded for them , within the City in the Hustings .

But since Real Actions have grown out of use by trying Titles by Ejection● firmae , The ancient Customs and Practise of this Court are much declined .

The Sheriffs Court in London .

THe Two Sheriffs keep each of them a Court of Record within the City , by Prescription , or Custom where they hold Plea of all personal Actions , and have belonging to these Courts Two Prisons , called Compters , the one in Wood-street ; The other in the Poultry .

They hold Two Court-days each in every Week , That for Wood-street on Wednesdays and Fridays , And that for the Poultry Compter on Thursdays and Saturdays .

In Plaint of Debt , the Custom is , the Sheriffs Ore Tenus send to the Serjeants to Summon , or Attach the Defendant without Warrant , and upon Nihil Returned within the City , the Serjeants by Commandment from the Sheriff have used to Attach ; and Arrest the Defendant , to have his Body at the next Court , before the Sheriff at the Guild-Hall .

They certifie their Records in that manner , but the usual practise is to enter an Action in the Office for that purpose at one of the Compters , which Action must be carefully entred , for it is the Original of that Court , by which you declare , and from which there can be no variance : And when an Action is entred , the Serjeant may Arrest the Defendant and bring him into Custody , until he find Bail to answer the Condemnation , which Bail is taken by one of the Clerk Sitters at the Compter who constantly attend .

The Plaintiff ought to declare the first Court after the Defendant is Arrested ; although further time is usually given , Ex gratia Curiae per mot ' ; But if the Plaintiff have no Attorney the first Court , a Non-suit may be had by the Defendant .

If the Defendant be a Freeman he hath four defaults ; But they are allowable only in Debt , Accompt , or Covenant broken , and not otherwise .

If the Defendant be in the Compter he is brought to the Bar by a Duci facias , which is but the Sheriffs Mandate , made by the Clerk of the Papers .

They have in each Court a Steward or Judge who is Learned in the Laws , and besides their particular Customs , their Proceedings are generally according to the Common Law at Westminster ; But of their particular practise , Vide Compleat Sollicitor and others .

There is also in London a Court of Chancery or Equity held before the Lord Mayor , which is commonly called

The Court of Conscience .

WHerein they do proceed by English Bill , Answer , Replication , and Rejoynder , much like the Proceedings in the High Court of Chancery .

And the Custom of London is , when a Man is Impleaded before the Sheriff , The Mayor may send for the Parties , and for the Record upon Suggestion of the Defendant , and Examin the Parties upon the Pleas , and if it be found upon Examination that the Plaintiff is satisfied , The Mayor may award the Plaintiff shall be Barred ; But by no Custom he can Examine after Judgment , 10 Hen. 6.14 , 15.

Also there is a practise called Marking of a Cause before the Lord Mayor , which is after a Verdict given for the Plaintiff in the Sheriffs Court , the Defendant may get the Cause marked by one of the Clerks in the Lord Mayor's Court , to stay Judgment and Execution until the matter be Examined in Equity , where the Lord Mayor doth oftentimes mitigate the Damages or give the Defendant time to pay it , &c. This Court is held Mondays , Tuesdays , and every day , if the Lord Mayor please to sit .

The Court of the Mayor and Aldermen .

THis is a Court of Record consisting of the Lord Mayor , Recorder , and Twenty three Aldermen , whereof the Two Sheriffs are part ; And their Proceedings is by Arrest of the Body , or Attachment of the Defendants Goods , and in that case much like the other Courts of Common Law .

By the Statute of 43 Eliz. cap. 12. They have power to correct Errors used for default of good Governance , &c. in the City .

The Court of Orphans .

THe Mayor , and Aldermen by Custom have the Custody of Orphans within the City ; And if they commit the custody to another Man , he should have a Ravishment of Ward , if the Orphan be taken away , And they shall have custody of the Lands and Goods of such Orphans .

A Recognizance may be acknowledg'd , in this Court before the Mayor and Aldermen to the Chamberlain for Orphans , and he being a sole Corporation , the Recognizance and Bond made to him and his Successors concerning Orphans shall by Custom go to his Successors .

Executors , or Administrator are to Exhibite true Inventories before the Lord Mayor and Aldermen , and give Security by Rocognizance , or the Court may commit them to Prison till they do it .

If the Father advance any of his Children by part of his Goods , that shall bar him to demand any further , unless the Father under his Hand , or by Will declare , it was but in part of Advancement , and then that Child putting his part in Hotchpot with the Executors , and Widow may have a Third part of the whole , and this the Civil Law calls Collatio Bonorum ; How the Goods of a Freeman shall be divided , See Coke's 1 Inst. Sect. 207.

The Court of Common Councel .

THis is held by the Lord Mayor , Aldermen , and Commonalty , Resembling the High Court of Parliament ; The Commonalty being chosen out of every Ward , constitute the Lower House , and Represent all the Commonalty of the City .

Here they make Acts for the better Government of the City ; For the Execution of the Laws and Statutes of this Realm , Pro Bono publico , and for the better advancement of Trade and Traffick ; Provided such Constitutions be not contrary to the Laws of the Realm : And these being made by Mayor , Aldermen and Commonalty , do bind within the City , And they of the Common Assembly do give their Assent by holding up their Hands .

The Court of Wardmote Inquest .

THis Resembles the Country Leets , Every Ward being as a Hundred , and the Parishes as Towns ; And in in every Ward there is an Inquest of Twelve , or more Sworn every year to Inquire of and present Nusances , and other Offences within the Ward .

The Court of Hallmote .

THis is as much as to say , The Court of the Hall , being the Court which every Company in London keeps in their Halls , which was anciently called , The Hallmote , or Folke Mote .

The Chamberlain 's Court for Apprentices .

BEfore the Chamberlain all Indentures of Apprentices are , or ought to be Inrolled , and if they be not Inrolled , and if they be not Inrolled the Apprentice may refuse to Serve , and Sue out his Indenture in this Court at his Pleasure , and be discharged of his Master .

The Chamberlain is Judge in all Complaints , either of the Servant against the Master , or Master against the Servant , and punisheth the Offenders at his Discretion .

In this Court are all Apprentices made Free ; And that may be Three manner of ways ; By Service as are Apprentices ; By Birthright as being the Son of a Freeman , which is called Freedom by his Fathers Copy , or by Redemption by Order of the Court of Aldermen .

The Court of the Conservator of the Water , and River of Thames .

THe Lord Major of London for the time being , is the Conservator or Governor of the River of Thames , and the Issues , Breaches and Lands overflown from Stanes Bridge , to the Waters of Yendal or Medway ; And hath Authority for punishment of such as use unlawful Netts , or Engins in Fishing , or take Fish under Size , or unseasonably , &c. 4 Hen. 7. cap. 15.

And in all Commissions touching the Water of Lee , the Lord Mayor shall be one , 3 Jac. cap. 14.

The Court of the Coroner in London .

THe Mayor is Coroner within the City , And this Court is holden before him or his Deputy , See Coroner before in the Counties .

The Court of Escheator in London .

THe Lord Mayor is also Escheator within the City ; And this Court is holden before him or his Deputy , Vide Escheator before in Counties .

The Court of Policies and Assurances .

THis Court Sitteth by Force of the Commission under the Great Seal , Warranted by Act of Parliament , Ann. 43 Eliz. cap. 12. there being an Officer , or Clerk to Register Assurances .

The Jurisdiction of which Court you may read in that Act of Parliament being for Incouragement of Trade : The Judge of the Admiralty , Recorder , Two Doctors of Civil Law , Two Common Lawyers , Eight Merchants , or any five of them to determine all differences concerning Assurances , as they shall think fit without Formalities of Pleadings ; And to Commit to Prison without Bail all such as disobey their Decrees ; And to that end they are to meet once a Week at the Assurance Office , and not to take any Fee . If any be grieved by their Decree , he may Exhibit his Bill in Chancery for Re-examination of that Decree .

The Lord Mayor is Chief Judge at the Court , or Sessions of Gaol Delivery , held Eight times in the year , or oftner , at the Sessions-House in the Old Baily , for the City of London and County of Middlesex , for the Tryal of Criminals , and hath power to Reprieve Condemned persons .

The Tradesmen in London are divided into Corporations or Companies , and are so many Bodies Politick ; of these , Twelve are called Chief Companies , and he that is chosen Lord Mayor , if he be not before , must be made Free of one of these Companies , viz. Mercers , Grocers , Drapers , Fishmongers , Goldsmiths , Skinners , Merchant Taylors , Haberdashers , Salters , Ironmongers , Vintners , Cloth-Workers : All which Companies have Assembling places called Halls , and each of them hath a Master chosen Annually from amongst themselves , and Subordinate Governours called Wardens or Assistants ; And these in their Companies exactly correspond to the General Government of the City . Several of our Kings have ( to honour some of these Companies ) taken their Freedom of it , as VII several Kings had been of the Taylors Company , whereof the last of these Seven being King Henry the 7th , gave them the Name and Title of Merchant Taylors ; And the late King Charles the Second was made Free of the Grocers .

There are near LX other Companies , or Corporations , All enjoying large Priviledges by the Charters of several Kings , and have Fair Halls to meet in .

The Military Government in London .

HIs Late Majesty King Charles the Second , after his Restoration , sent a Commission of Lieutenancy appointing several Persons His Lieutenants , giving them the same Power in London , the Lord Lieutenants have in their respective Counties . And in pursuance of that Commission , the Regiments then in being were New setled in this manner , viz. Six Regiments of Trained Bands Commanded by six Citizens Knights , and their Lieutenant Colonels all Knights , and six Regiments of Auxiliaries ; In these Twelve Regiments were 20000 Men : Then there were Listed Two Regiments of Horse , each consisting of five Troops , in all 800 Horse : But in case of need , in London , and within the Liberties may in a Few days be Raised 40000 Men.

There is in Southwark One Regiment of Trained Bands , Fifteen Hundred Men. In the Hamlets of the Tower Two Regiments , in all Three thousand Men : Then Holbourn Regiment , and Westminster Regiment Two thousand each ; and in case of Necessity they can Raise 20000 more .

The Artillery Company , is as a Nursery of Souldiers , and hath been so for above 60 years ; the late King Charles ( when Prince of Wales ) Listed himself therein , and the Duke of York did the like at the same time , who after the Restoration took upon himself the Command thereof ; and under him was a Leader who Exercised them every Tuesday Fortnight , and the other Tuesday the Exercise was performed by the several Members of the Company , who are there Trained up to Command .

Of this Society are many of the Nobility , also the Lord Mayor , and most of the Aldermen : All the Commanders of the Trained Bands and Auxiliaries here Exercise Arms. This Company consists of 600 Men.

Their Officers are A Leader , Two Lieutenants , Two Ensigns , Two Serjeants , A Provost Martial ; Four Gentlemen of Arms , &c. They have also a Court Martial , consisting of A President , A Vice-President , a Treasurer , and Twenty four Members of the Company . On the Second Tuesday in February , at a General Rendezvous every Year the Officers are Elected .

For the Security and Defence of this Famous City , and River , there hath been anciently divers Fortresses : But the most Eminent and Chief is that called .

The Tower of London .

WHich is not only a Fort or Cittadel to command , and defend , both City , and River ; but also A Royal Palace , where our Kings with their Courts have sometimes Lodged , A Royal Arsenal , where are Arms , and Ammunition for 60000 Men , The Treasury for the Jewels and Ornaments of the Crown , The only Mint for coyning Gold and Silver , The Great Archive where are conserved All the Records of the Courts at Westminster , The Chief Prison for the safe Custody of Great Persons that are Criminals ; and if the great Extent thereof within the Walls be considered , and its Authority over the several Hamlets without , and the many high Priviledges and Liberties belonging thereunto , it may rather be Reputed a City , than a Cittadel .

The Governour of this Important Fortress is the Constable , or Lieutenant of the Tower ; Who is High Steward of a Court there held by Prescription , of Debt , Trespass , and other Actions of any Sum Greater or Lesser , and hath a Deputy ; Before the late Act might refuse a Habeas Corpus , may give Protection to all Debtors belonging to the Tower within the Realm of England ; hath Priviledge to take Unam Lagenam of all Wine-Ships that come ; Is Virtute Officij , to be in Commission of the Peace for the Counties of Kent , Surrey , and Middlesex , and ( as some hold ) to be Custos Rotulorum of the County of Middlesex : His Salary is 200 l. per Annum .

His usual Fee for every Prisoner is 20 l. at Entrance , and 3 l. a Week for an Esquire ; For a Knight 5 l. a Week ; For a Baron , or above , 50 l. at Entrance , to whom the King allows 10 l. Weekly , whereof Two part goes to the Prisoner , the other Third part to the Lieutenant for Lodgings and Dyet , and 50 l. to the Lieutenant upon the Prisoners discharge .

The Gentleman Porter of the Tower holds his Place by Patent , and at the Entrance of a Prisoner hath for his Fee Vestimenta Superiora , or a Composition for it .

The Gentleman Gaoler is put in by the Lieutenant of the Tower , his Fee is 41 s. of a Gentleman , 5 l. of a Knight .

Forty Warders of the Tower accounted the King's Domestick Servants , and Sworn by the Lord Chamberlain of His Majesties Houshold , or by the Clerk of the Cheque .

The Tower is not within any County or Parish ( only a small part some account to be in Middlesex ) but is a Liberty of it self , exempt from all Taxes to the King , Church , or Poor . It hath

A Parochial Church , exempt from all Ecclesiastical Jurisdiction of the Archbishop , and is a Donative bestowed by the King without Institution or Induction . And there are

Thirteen Hamlets of large Extent belonging to the Tower , whose Train-Bands are all bound to Assist the Constable or Lieutenant of the Tower , which are called The King's Company , and are to Wait on the King's Person in time of Need , and to go no further than the King . And within the Tower is kept

The Office of the Ordnance .

BEing the grand and standing Magazine of the principal Preparatives , Habiliaments , Utensils , and Instruments of War , as well by Sea as Land , for the Defence , and Safety of the Kingdom , and consequently hath Influence in the Navies , Forts , Castles , and Armies thereof ; having the Superintendence , Ordering , and Disposing as well of the Grand Magazine lodged in the Tower , as at the Minories , Woolwich , Chatham , Windsor , Portsmouth , Plimouth , Hull , and elsewhere : And is under the Government of

The Master of the Ordnance , under whom , The Administration and Management of the said Office is committed to the Principal Officers following , viz.

The Lieutenant of the Ordnance , who in the absence of the Master of the Ordnance , is to Impart all Orders and Warrants directed to the Office , and to see them duly Executed , and to give Order for Discharging the Great Ordnance when required , upon Coronation Days , Days Festival , Triumphs , &c. As also to see the Train of Artillery fitted with all its Equipage , for Motion upon any occasion .

The Surveyor is to Survey all the Ordnance , Stores , and Provisions of War in the custody of the Store-keeper , which he is to see so distinguished , and placed as shall be best for their Preservation and Safety , for a decent View and a ready Account ; to allow all Bills of Debt , and to keep Check upon all Labourers and Artificers Works , and to see that all Provisions received be good , and serviceable , and duly proved with the Assistance of the rest of the Officers , and the Proof Masters , and marked with the King's Mark , if they ought so to be .

The Clerk of the Ordnance is to Record all Orders , and Instructions given for the Government of the Office , as likewise all Patents and Grants , and the Names of all Officers , Clerks , Artificers , Attendants , Gunners , Labourers and others who enjoy the said Grants , or any other Fees from the King for the same ; To draw all Estimates for Provisions , and Supplies to be made , and all Letters , Instructions , Commissions , Deputations , and Contracts for His Majesty's Service ; To make all Bills of Imprest ; and Debentures for the payment and satisfaction of the respective Artificers and Creditors of the Office for Work done , or Provisions received ; and Quarter-Books for the Salaries , Allowances , and Wages , of all Officers , Clerks , and other Ministers belonging to the said Office ; and also to keep Journals , and Liegers of the Receipts , and Returns of His Majesty's Stores , that nothing be Bought , Borrowed , Given , Received , Lent or Employed without due Record thereof , to serve as a Cheque between the Two Accomptants of the Office , the one for Money , the other for Stores .

The Storekeeper is to take into his Custody all His Majesty's Ordnance , Munitions , and Stores thereunto belonging , and to Indent and put in Legal Security for the safe keeping thereof , and to make Just and True Accompt , from time to time , to Receive no Provisions whatsoever , that are manifestly inserviceable , or before they have been Reviewed by the Surveyor ; nor to Issue any proportion of Ordnance , &c. but what is agreed upon , and signed by the Officers , according to the appointment of the Master of the Ordnance , grounded upon the Order of the King , or six of the Privy Council , or the Lord Admiral for Matters concerning the Navy : Nor to Receive back any Stores issued till they have been Reviewed by the Surveyor , and Registred by the Clerk of the Ordnance in the Book of Remains ; To look that all His Majesties Store-Houses be well Repaired , and well Accommodated , and the Stores kept in such order , and lustre , as is fit for the Service and Honour of the King .

The Clerk of the Deliveries is to Draw all Proportions for Delivery of any Stores and Provisions , and to be present at the Delivery , and by Indenture to Charge the particular Receiver of the King's Munitions , whether Captain , Gunner , or other , and to Register as well the Copies of all Warrants for Deliveries , as the Proportions delivered , whereby to discharge the Store-keeper .

The Treasurer , and Paymaster of the Office , was formerly an Appendix to that of Lieutenant of the Ordnance :

But the late King Charles Erected it into a particular and distinct Office , and granted the same ( as all the other before-mentioned are , ) by Letters Patent ; And there are other Subordinate Officers , which likewise hold by Patent , as

The Master Gunner of England , who is to teach all such as desire to Learn the Art of Gunnery , and to oblige every Scholar by Oath not to serve any Foreign Prince or State ( without leave , ) nor to Teach any other the said Art , but such as have taken the said Oath ; and to certifie the Master of the Ordnance the Sufficiency of any person Recommended to be one of the King's Gunners , and his Ability to discharge the said Duty .

The Keeper of the Small Guns , who hath the charge and custody of the King 's Small Guns , as Musquets , Harquebusses , Carabines , Pistols , &c. with their Furniture .

There are many other Inferiour Officers , and Ministers Attendants and Artificers , as Clerks , Proof-Masters , Messengers , Master Smith , Master Carpenter , Master Wheelwright , Master Gunnsmith , Furbusher , &c. which for Brevity are here omitted , as likewise the King 's principal Engineer :

The Master of the Ordnance hath a Superintendency , and Jurisdiction over all the King's Engineers , Employed in the several Fortifications of the Kingdom , most of whom have their Salaries , and Allowances payable in the said Office , to which they are accountable , and from whence they receiev their particular Orders and Instructions , according to the Directions and Commands given by the King , and signified by The Master of the Ordnance .

Nota , The several sorts of Cannon seem to be denominated from the Rapacious kind of Creatures whose Names they bear ; as Faulcons , Faulconets , Sakers , Culverins , from the Latin Coluber , Basilisks , Griffons , Dragons , &c.

The Office of the Warden of the Mint .

WHere is minted all the Bullion that is Minted in England , although the King may set up a Mint in any other Place of the Kingdom . In this are divers Persons of Quality and Worth , whereof the principal is

The Warden of the Mint , who is to Receive the Silver , and Gold brought in by Merchants or Goldsmiths , or others ; to pay them for it , and to Oversee all the rest ; his Fee is 100 l. per Annum . And next is

The Master Worker , who Receives the Bullion from the Warden , causes it to be Melted , delivers it to the Moneyers , and receives it from them again when Minted , and hath an Allowance by the Pound weight , but no set Fee . And next is

The Comptroller , who sees all the Money be made according to the Just Assize , to oversee the Officers and Comptrol them , if the Money be not as it ought to be ; his Fee is 100 Marks , and these three last above hold by Patent of the King . The next is

The Assay-Master , who weighs the Bullion , and sees it be according to the Standard ; his Fee is 200 Marks .

The Auditor to take the Accounts , and make them up .

The Surveyor of the Melting , who is to see the Bullion cast out , and not to be alter'd after it is delivered to the Melter , which is after the Assay-Master ▪ hath made Tryal thereof .

There are moreover A Clerk of the Irons , A Graver , A Weigher , A Teller , Melters , Blanchers , Moneyers , and other Officers belonging to the Mint .

The Office of Records in the Tower .

IS of Venerable Antiquity , and the Keeper , and Deputy dignified with Special Trust . The Keeper hath a Salary of 500 l. per Annum , and is properly in the Gift of the Master of the Rolls , and afterwards His Majesty hath usually by Letters Patents Confirmed it .

As the Chappel of the Rolls and Petty-Bag Office fill , the Records are sent hither by a Writ formed for that purpose ; and these Records ( amongst other things ) contain the Foundations of Abbeys and Religious Houses ; as The Chappel of the Rolls contain those of their Dissolution , and the Donation of the Lands , of which many Families are now possessed ; The Leagues and Treaties with Foreign Princes ; The Atchievements of this Nation in France , and Foreign parts ; The Original of All Laws , that have been Enacted or Recorded until Richard the Third ; The Homage and Dependency of Scotland upon England ; The Establishment of Ireland in Laws and Dominions ; The Dominion of the Brittish Seas , totally excluding French , and Dutch , to Fish therein without License from England , proved by Records before the Conquest ; The Interest of the Isles of Man , and of Jersey , Guernsey , Sarke , and Alderney , the Four last being the Remaining part of the Norman Possessions ; The Title of our Kings to the Realm of France , and how obtained ; And all that our Kings , and Princes have till that time Done or Confirmed at home or abroad ; Tenures of all the Lands in England , Extents of Mannors , and Lands , Inquisitions Post mortem , being of great Advantage upon Trials of Interest or Descent , Liberties , and Priviledges granted to Cities , Towns Corporate , or private Men ; as Court Leets , Waifs , Estrays , Markets , Fairs , Free Warrens , Felons Goods , &c. Or what else could come to the Crown or pass out of it , Writs , Pleadings , and Proceedings as well in Chancery as at Common Law , and in the Exchequer , Inspeximus , Inrolments , &c. Deeds , and Contracts , between party and party ; and , The Just Establishment of all the Offices in the Nation ; The Metes and Bounds of all Forests , with the Rights of the Inhabitants therein , and many other ; And therefore in the Petitions of the Commons in Parliament 46 E. 3. said to be perpetual Evidence of every man's Right , and the Records of the Nation .

These Records are reposited in the place called Wakefield Tower , being many Cart Loads ; Thus distinguished , Rotuli Patentium , Chartarum , Parliamentorum , Clausarum , Finium , Scotiae , Vasconiae , Franciae , Hiberniae , Walliae , Normanniae , Almaniae , Oblatae , Liberatae , Extractae , Perambulationes , Forestae , Scut' , Rotul' , Marshal' , Romae de Treugis Chart' , & Patent' fact' in Partibus Transmarinis Patent' de Domibus Judaeorum Protection' de Perdonation' , &c. Stapulae , cum multis aliis , Depicted lately upon every Press belonging to each King's Reign , and very easie to be brought forth for use .

This Office is to be open from 7 till 11 in the Morning , and from 1 till 5 in the Afternoon on all Working-days , only in December , January , and February they open an Hour later in the Morning , and shut up an Hour earlier at Night .

All Records since Richard the Third , are yet in the Chappel of the Rolls .

The Money allowed by the King for the Maintenance of all these Officers , and keeping thls Vast Structure in Repair , amounts to a vast Sum.

Saint Katherines .

NEar the Tower is St. Katherines , which hath a Royal Jurisdiction for the Ecclesiastical Causes , and Probate of Wills , and belongeth to the Queen ; from whom if any will Appeal it must be to the King in his Chancery , who thereupon Issueth out a Commission under the Great Seal ; as in Appeals from the Arches or Prerogative .

The Bridge

SUrpasseth all others in Europe ; It hath 19 Arches , 20 Foot between each Arch , is 800 Foot in Length , 60 High , and 30 Broad , and hath a Draw-Bridge almost in the Middle , Built 1209 , in the Reign of King John .

The Charge of keeping it in Repair is so Great , that our Auncestors thought fit to have a Large House , a vast Revenue in Lands , and Houses , and divers Officers to be apart for the constant Care and Repair thereof . The Principal whereof are the

Two Bridgmasters chosen yearly out of the Body of the Liveries , upon Midsummer-day , after the Sheriffs and Chamberlain .

The Bridge over the River Lee at Stratford was built an Hundred years before , and being the first Arched Stone-Bridge seen in England , gave it the Name of Stratford-Bow .

Not far below this Famous Bridge , is the place for Receipt and Management of all Impositions laid on Merchandizes Imported , and Exported into and from this City , which is called

The Custom-House .

WHerein are Employed a great Number of Officers ; whereof the First and Chief are

Six Commissioners , who have Charge of all His Majesties Customs in all Ports of England , Salary to each is 2000 l. a year . And these have many

Deputies Customers , Collectors , Comptrollers , Surveyors , Searchers , Waiters , &c. in the Port of London , and in all the Out-Ports .

Collector of Subsidies , or Customs Outwards , Fee Two hundred seventy six pounds ; Collector of Customs Inwards , Fee Four hundred sixty six pounds Thirteen shillings Four pence ; Customer Inwards , Fee Sixty two pounds Six shillings Eight pence ; Customers of Cloth , and Petty Customs , Fee Two hundred seventy seven pounds ; Customers of the Great Customs Two , Fee Fifty pounds a piece ; Comptroller of Customs Inwards , and Outwards , Fee Two hundred fifty five pounds ; Comptroller of Cloth , and Petty Customs , Fee One hundred pounds ; Surveyors of Customs Inwards , and Outwards , Fee Three hundred pounds ; Surveyor General , Fee Five hundred pounds ; Comptroller of the Great Custom , Fee Thirty pounds ; Register of the Seizures , Fee One hundred and six pounds ; Chief Searcher , Fee One hundred Twenty pounds ; Five Under-Searchers , Eighteen King's Waiters , Fee to each Fifty two pounds ; Surveyor of the Out-Ports , Fee Two hundred and Fifty pounds . The Perquisites to each of these Officers are very considerable , and to some more than their Salaries .

In all the Out-Ports the King hath the like Officers , who all Receive Salaries likewise out of His Majesty's Revenue .

The General Post-Office .

THe King by Letters Patent doth Constitute his Post-Master General , who keeps one General Office in the City of London , from whence Letters , and Packets are dispatched .

Monday to France , Italy , Spain , Flanders , Germany , Sweden , Denmark , &c. and to Kent .

Tuesday to the United Netherlands , Germany , &c. and to all Parts of England , Scotland and Ireland .

Wednesday to Kent only , and the Downs .

Thursday to France , Spain , Italy , and all Parts of England and Scotland .

Fryday to the Spanish and united Netherlands , Germany , Sweden , Denmark and to Kent .

Saturday to all Parts of England , Scotland and Ireland .

And the Answers of these Letters are Received in the said Office in due Course , and dispersed from thence according to the Directions .

This Office is managed by a Deputy , and other Officers to the number of Seventy seven Persons , who give their actual Attendance .

Upon this Grand Office Depends 182 Deputy Post-Masters in England , and Scotland , Most of which keep Regular Offices in their Stages , and Sub-Post-Masters ink their Branches ; And also in Ireland another General Post-office for that Kingdom , which is kept in Dublin , consisting of 18 like Officers , and 45 Deputy Post-masters .

The Post-master General keeps for Transport of Letters to France Two Packet-boats , to Flanders Two , to Holland Two , to Ireland Three , at Deal , Two for the Downs , which he Maintains at his proper Charge .

And the Market Towns of England are so well Appropriated to the Respective Postages , that they have an easy , and certain conveyance of Letters in due Course of the Mails every Post .

The number of the Letters Missive in England , tho' formerly inconsiderable , yet are now so great that the Office hath been Farmed at 30000 l. a year .

The Charge of Letters here is Less , and the Expedition Greater , than in any Foreign Country .

A Letter of a Sheet of Paper costs 2 d. for 80 Miles , Two Sheets 4 d. and an ounce 8 d. and in 24 Hours the Post goes 120 Mile , and in Five days an Answer may be had from a place 300 Miles distant .

And for Riding Post you pay only 3 d. a Mile , and 4 d. to the Post Boy at every Stage .

For Study of Law .

IN London , are the Colledges or Houses of the Municipal , or Common Law Professors , and Students , Which are Fourteen , still called Inns ; the old English name for Houses of Noblemen , Bishops , or Men of Extraordinary Note , The lowest of which as being heretofore Preparatory to the other , and therefore may properly be placed first are ,

The Inns of Chancery .

WHich are Eight , and may probably be so called , because there dwelt such Clerks as did chiefly Study the forming of Writs , which regularly appertain to the Cursitors , which are Officers of Chancery ; The first of these called Thavies Inn , was begun in the Reign of King Edward the Third , and since Purchased by Lincolns Inn , as was also Furnivals Inn ; Then in Holbourn is Bernards Inn , Then New Inn , St. Clements Inn , Cliffords Inn , anciently the House of the Lord Clifford , Staple Inn belonging to the Merchants of the Staple , and Lyons Inn , anciently a Common Inn with the Sign of the Lyon .

Heretofore many were entred here before they were admitted of the Inns of Court ; But they are now taken up with Attorneys , Sollicitors , and Clerks who have their Chambers apart , and their Diet at a very easie Rate in a Hall together , where they are obliged to Appear in Grave Long Robes , and Black knit round Caps ; These belong all to some Inns of Court , who send yearly their Barristers to Read to them .

The Inns of Court

SO named as some think , for that the Students therein are to serve ; The Courts of Judicature are Four .

The Two Temples Purchased by some Professors of the Common Law above 300 years ago , and called the Inner and Middle-Temple in relation to Essex House ; which was also a part of the House of the Knight's Templers , and called the Utter Temple , because Seated without Temple Bar.

Lincolns Inn , belonging anciently to the Earls of Lincoln . And

Greys Inn belonging to the Noble Family of the Greys .

These Societies are no Corporations , nor have any Judicial Power over their Members , but have certain Orders among themselves , which have by consent the force of Laws ; For Lighter Offences they are only Excommuned or put out of Commons , and for Greater they lose their Chambers and be expelled the House , after which they are not to be Received into any of the other three Societies : And these also at Chappel , Hall , or Courts of Judicature , Wear a Grave Black Robe , and Cap , and at other times walk with Cloak and Sword .

They have no Revenues being not enabled to Purchase , But defray the Charges of the House , with what is paid at Admittances and Quitrents for Chambers , Pensions , and other small Duties .

The whole Company of Gentlemen in each Society , may be divided into Four parts ; Benchers , Utter Barristers , Inner Barristers , and Students .

Benchers are the Seniors , to whom is Committed the Government of the House , And out of those is yearly chosen a Treasurer , who Receiveth , Disburseth , and Accompteth for all Moneys belonging to the House .

Utter Barristers are such , who for Learning and Standing are called by the Benchers , to Argue in the Society Doubtful Cases , which are called Moots from the Saxon Mote , or French Mot , a Word , and whilst they Argue , Sit Uttermost on the Form's or Benches , which they call the Bar.

Out of these are chosen Readers for the Inns of Chancery , belonging to the respective Inns of Court where in Term time , and Grand Vacations , they argue Cases in the Presence of Attorneys and Clerks .

Inner Barristers are all the Rest , who for want of Learning or Time are not to Argue ; and yet in a Moote before the Benchers , Two of these Inner Barristers do for their Exercise , Recite by heart the Pleading of the same Moot case in Law French , which Pleading is the Declaration at large of the same Moote Case , the one taking the part of the Plaintiff , the other of the Defendant .

They divide the year into three Parts , That is , the Two Learning Vacations , which begin the first Monday in Lent , and the first Monday after Lommas-day , and continue Three weeks and Three days each ; the Term Times , and the Dead or Mean Vacations .

The Exercises of Study in these Learning Vacations , are the greatest , which are in manner following :

The Benchers appoint the eldest Utter Barrister to Read amongst them openly in the Hall , whereof he hath notice half a year before ; He then the first day about 8 of the Clock chuseth some Statute , whereupon he grounds his whole Reading for that Vacation , and Declares such Mischiefs , and Inconveniencies as were unprovided for before the same Act , And then reciteth certain Doubts he hath devised , that may grow upon the Statute , and declareth his Judgment therein ; After which , One of the younger Utter Barristers repeateth One question propounded by the Reader , and by way of Argument endeavoureth to prove the Readers Opinion to be against Law , and after him the Senior Utter Barristers , and Readers one after another according to Seniority do declare their Opinions in the same ; and then the Reader who did put the Case , endeavoureth to confute Objections laid against him , and to confirm his own Opinion ; After which the Serjeants , and Judges ( if any be present ) declare their Opinions ; Then the youngest Utter Barrister again rehearseth another Case , which is prosecuted as the former was : And this Exercise continueth daily about three or four Hours .

Out of those who have Read once in the Summer Vacation , and are Benchers , is chosen always one to Read in Lent , who observes the like manner of Reading as before is Expressed .

In the mean Vacation after Dinner Cases are Argued , and after Supper , Mootes brought and Pleaded by the Inner Barristers , in the Presence of the Utter Barristers .

Mooting in the Inns of Court .

IN these Learning Vacations after Supper ( or Drinking on Fasting Nights ) in the Hall the Reader , with one or two of the Benchers comes in , To whom one of the Utter Barristers propounds some doubtful Case , which being argued by the Benchers , and afterwards by him that moved the Case ; The Benchers sit down on the Bench at the upper end of the Hall , whence they are called Benchers , And upon a Form in the Middle of the Hall sit Two Utter Barristers , and on each side of them sits one Inner Barrister , who in Law French declareth to the Benchers ( as Serjeants do at the Bar in the King's Courts to the Judges ) some kind of Action : The one being as it were Retained for the Plaintiff , The other for the Defendant ; Then the two Utter Barristers Argue such Questions as are disputable within the Case , after which the Benchers do likewise declare their Opinions , how they take the Law to be in those Questions .

In these Mootings the Junior argueth first , as do the Judges in the Exchequer Chamber , and Serjeants in open Courts of Judicature .

The Inner and Utter Barristers Plead here in Law French , and the Benchers in English , and at the Readings , The Readers Cases are put in English .

Mootings in Inns of Chancery .

IN the Learning Vacation each Utter Barrister , who is a Reader in the Inns of Chancery , go with Two Students of the Inn of Court , to the Inn of Chancery , where he is appointed to Read , and there meet him commonly Two of each Inns of Court , who sitting as the Benchers do in the Inns of Court at their Mootes , they hear and Argue his Case .

In the Term time the only Exercise of Learning , is Arguing and debating Cases after Dinner , and Mooting after Supper , as in the Vacation time .

The Keeping Christmass in the Inns of Court .

IF there be a sufficient number of Students to keep a Solemn Christmass , then the Students before Christmass hold a Parliament , and certain of them are appointed to be Officers in Imitation of the Kings Court , as Comptroller of the Inner Temple , so of the Middle Temple , stiled Lieutennant of the Tower , and Treasurer , &c. These bear Rule during the time of Christmass , and are to behave themselves with that Port and Gravity , as if they ( as perhaps they may afterwards ) were so in the Kings House .

At such time they have divers Divertisments , as Feasting every day , Singing , Dancing , Dicing , which is allowed to all Comers , and is so Excessive , that the Butlers Box usually amounts to above 50 l. a Day and Night , With which and a Small Contribution from each Student , are the great Charges of the Christmass defrayed .

When their Treasure is great they sometimes create a Prince , giving him such Title they think fit , And he hath all Officers , and a Court Suitable to a Great Prince , and many of the Prime Nobility and Great Officers of State have been Entertained by him , with Feasting , Enterludes , &c. As was sometime done with Great Magnificence by Sir John Lort , by the Title of Prince de la Grange .

From All Saints-day to Candlemass , each House usually hath Revells on Holy days , that is , Musick , and Dancing , and for this is usually chosen some young Student to be Master of the Revels .

The Manner of holding Parliaments in the Inns of Court .

EVery Quarter the Benchers cause one of the Standing Officers of the House , to Summon a Parliament , which is an Assembly of the Benchers ( which are called the Sage Company ) in a place called the Parliament Chamber , Where they treat of matters for good Ordering of the House . Here are the Readers for Lent and Summer Vacation Elected ; The Treasurer chosen ; Auditors appointed , To take the Accompts of the old Treasurer ; Offences committed by any of the Society Punished , &c.

In the Four Inns of Court are about 800 Students .

The Serjeants Inns.

THe Common Law Student , when he hath been admitted of some Inn of Court , where he is first called a Moote Man , and after about Seven years Study an Utter Barrister , and after Twelve years more , and having performed his Exercises is chosen a Bencher , and sometime after a Reader ; He then wears a long Robe different from other Barristers , and is in Capacity to be made Serjeant , when the King please to call him , and when he is arrived to that Degree , he hath his Diet and Lodging in one of those Two Inns called Serjeants Inn , And these are called Servientes ad Legem Serjeants at Law , and are as Doctors in the Civil Law , Only Doctoris appellatio est Magisterij , Servientis vero Ministerij ; And therefore Doctors of Law are allowed to Sit within the Bar , in Chairs covered , whilst Serjeants stand without the Bar bare Headed , Only their Coifs or Caps on : And ,

The Call or Creation of Serjeants .

IS , when the number of Serjeants is Small , The Lord Chief Justice of the Common Pleas , by the Advice and Consent of the other Judges , makes choice of 6 or 8 more , or less , of the most grave , and learned of the Inns of Court , and presents their Names to the Lord Chancellor , or Keeper , who sends by the Kings Writ to each of them , to appear on such a day before the King to Receive the State and Degree of a Serjeant at Law ; at the Time appointed ; They being habited in Robes of Two Colours , viz. Brown and Blew , come accompanied with the Students of the Inns of Court , and attended by a Train of Servants and Retainers in certain Peculiar Cloth Liveries to Westminster-Hall , there in Publick take a Solemn Oath , and are Clothed with certain Robes and Coifs , without which they may no more be seen in publick , and making their Count at the Common Pleas Bar , and causing Rings to be distributed amongst the Officers , and Clerks of the Court , they afterwards Feast the great Officers and Persons of the Kingdom in a Magnificent manner , and give Gold Rings to the Princes of the Blood , Archbishops , Chancellor , and Treasurer of Forty shillings value , to Earls and Bishops , Rings of Twenty Shillings value , to other Officers , Barons , Prelates , &c. Rings of less value . And , out of these are chosen

The Judges

WHen any Judges are wanting , The King by Advice of his Counsel makes choice of some of these Serjeants to supply his or their Places , and Constitutes him , if Chief Justice of the King's Bench by Writ ; But if others , then he or they are Constituted by Letters Patents Sealed by the Chancellor , who Sitting in the Middle of the rest of the Judges , in open Court by a Set Speech Declares to the Serjeant , or Serjeants there brought in , the King's Pleasure , and to the People the Kings Goodness in providing the Bench with such Able , Honest Men , and causeth the Letters Patent to be Read , and being departed , The Chief Justice placeth him on the Bench Junior to all the rest , and having taken his Oath , well and truly to serve the King and his People in the Office of Justice , To take no Reward , To do equal and Speedy Justice to all , &c. he Sits to the Execution of his Office ; And now being a Judge hath thereby great Honour and a Considerable Salary , besides Perquisites , for each one hath at least 1000 l. a year from the King , and now besides his Serjeants Habit he hath a Cloak put over him , and closed on his right Shoulder , and instead of his Caputium lined with Lamskins , it is now lined with Minever , or De Minuto vario , only the Two Lord Chief Justices , and the Lord Chief Baron of the Exchequer , have their Hoods , Sleeves and Collars , turn'd up with Trimme .

To these Two Serjeants Inns belong the Twelve Judges and about Twenty six Serjeants .

The Colledge of Civilians in London ,

CAlled Doctors Commons , being Purchased by Dr. Henry Harvy long since Dean of the Arches , for the Professors of the Civil Law in this City , where Commonly the Judge of the Arches , The Judge of the Admiralty , And the Judge of the Prerogative , and divers other Eminent Civilians Presiding , and having their Diet and Lodging there in a Collegiate Manner : It was usually known by the name of Doctors Commons , which being consumed in the late Dreadful Fire , and now Rebuilt at the Charge of the said Doctors , they now keep their Courts and Pleadings there every Term , which begins and ends almost at the same time with that at Westminster . Those that are allowed to be ▪

Advocates , and plead in these Courts are all to be Doctors of the Civil Law , in one of the Universities of England , who upon their Petition to the Archbishop of Canterbury , and his Fiat obtained are admitted by the Judge of the Court , on condition , not to Practise one whole year after his

Admittance , which is in this manner ;

Two Senior Advocates in their Scarlet Robes , with the Mace before them , conduct him up to the Court , with Three low Reverences , and Present him with a short Latin Speech , and the Rescript of the Archbishop ; Then the Oaths of Allegiance , and Supremacy , and some other prescribed by The Statute of the Arches being taken , he is Admitted by the Judge , and a Place or Seat in the Court assign'd him , either à Dextris , or Sinistris , which he is always to keep when he pleads .

The Judges , and all the Advocates in these Courts , when they plead , always wear their Scarlet Robes , with Hoods lined with Taffata if they be of Oxford , or White Miniver Furr if they be of Cambridge , and all Black Round Velvet Caps ; and the Proctors wear , or ought to wear Hoods lined with Lambskin , if not Graduats ; But if Graduats , Hoods , according to the Degree .

There are divers other Civilians , whereof some not Advocates , are Chancellors to Bishops or Commissaries : The Vicars Generals , and Chancellors are appointed by the respective Archbishops , and Bishops by Letters Patent under their Seals , and Confirmed by the Dean , and Chapter of the respective Cathedrals .

The Proctors are persons that Exhibit their Proxies for their Clyents , and make themselves parties for them , and draw and give in Pleas , or Libels and Allegations in the behalf of their Clyents , produce Witnesses , prepare Causes for Sentence , and attend the Advocates with their Proceedings . And their

Admittance is also by the Fiat of the Archbishop , Introduced by the Two Senior Proctors , and are allowed to Practise immediately after their Admission ; They wear Long Black Robes and Hoods lined with White Furr , Taking the Oaths now Enjoyned by Act of Parliament .

All Process in the Court of Arches , runs in the Name of the Judge thus : Robertus Wiseman Miles LL. Dr. Almae Curiae Cant' de Arcubus London' , Officialis Principalis ; and Returnable in the Comman-Hall at Doctors Commons .

The Title of the Judge of the Admiralty is , Supremae Curiae Admiralitatis Angliae Locum tenens Judex sive Praesidens : The Writs and Decrees run in the Name of The Lord High Admiral ; and the Court held also in the Common Hall at Doctors Commons .

The Title of the Judge of the Praerogative Court is , Curiae Praerogativae Cant' Magister Custos sive Commissarius ; And all Citations and Decrees run in the Name of the Archbishop .

The Judge is attended by the Register , who sets down the Decrees and Acts of the Court , and keeps the Records of all Original Wills , and Testaments of parties Dying , having Bona Notabilia , in the place called the Praerogative Office , where ( for a moderate Fee ) any one may Search for , and have a Copy of any Testament or Administration , since the Rebellion of Wat Tyler and Jack Straw .

Upon Appeals to the Court of Delegates , the Judges are appointed by the Lord Chancellor under the Great Seal Pro illa vice , which Court is also kept in the same Common-Hall the day after the Praerogative in the Afternoon . The Citations , and Decrees there run in the King's Name : And from thence of course lies no Appeal ; but the King of his meer Praerogative Royal doth many times grant A Commission of Review .

The Colledge of Physicians in London

BY Charters and Acts of Parliament of Henry the Eighth , and since , have certain Priviledges , Whereby no Man though a Graduate in Physick in Oxford , or Cambridge , may without License under the said Colledge Seal , Practise Physick in London , or within seven Miles thereof , nor in any other part of England , ( in case he hath not taken any Degree in Oxford or Cambridge ) whereby they have power to punish Offenders , make By-Laws , purchase Lands , search Apothecaries Shops , in and about London , are freed from Offices and bearing Arms , may practise Physick or Chyrurgery , not only in London , but in any other part of England .

This Society had anciently a Colledge in Knight-Rider-Street , the Gift o● Dr. Linacre , Doctor to King Henry the Eighth , afterwards had their Colledge in Amen Street , Endowed by Dr. He●vey , with his whole Inheritance , which being consumed in the late Dreadful Fire : The Fellows having purchased Ground , have now Raised a Magnificent Structure in Warwick Lane . And of this Colledge is

A President , Four Censors , and Eight Elects , who are all Principal Members of the Society , one of which is chosen yearly to Preside .

The Four Censors have by their Charter Power to Survey , Correct , and Govern all Physicians , or others that shall practise Physick in London , or within seven Miles of the same , and to punish Offenders as they shall see cause . For all which see the Statutes mentioned in Coke's 4 Inst. fo. 251.

In Rot. Pat. 32 H. 6. M. 17. it 's Recorded , That the King with Assent of his Council , assigned certain Physicians , and a Chyrurgeon , to Administer in and about his person Potions , and other parts of Physick , and to moderate his Dyet . To which they were every one commanded to be Attendant . Whereby it appears , No Physick ought to be given to the King without Warrant , and that by Advice of his Privy Council , and no other Physick than what is set down in Writing , and that ●hey may use the Aid of Chyrurgeons Named in the Warrant ; but no Apo●hecary , they being to prepare all things ●hemselves .

The Science of Physick by the Statute of 32 H. 8. is Declared , to contain the Knowledge of Chyrurgery .

If one of the Mystery of a Physician take a Man in Cure ; and give him such Physick that he dye within three days thereof without any Felonious intent● and against his Will , it is no Homicide .

But Britton saith , If One , not of the Mystery of a Physician , or Chyrurgeon , take upon him the Cure of a Man , and he dieth of the Potion , or Medicine ; this is Covert Felony .

Gresham Colledge in London .

BUilt by Sir Thomas Gresham , and Endowed by him with the Revenue of the Royal Exchange , by him Built ; before which he gave one Moiety to the Mayor and Commonalty of London upon Trust , That the Major and Aldermen should find Four able persons to Read Divinity , Geometry , Astronomy , and Musick there , and to Allow each of them Fair Lodgings , and 50 l. a year ; and the other Moiety to the Company of Mercers upon Trust , to find Three able Persons to Read Civil Law , Physick , and Rhetorick , and to have Lodgings , and the like Allowance . These several Lecturers are to Read in Term time every Day , except Sundays ; In the Forenoon in Latin , and in the Afternoon the same in English : The Musick Lecture only in English .

There is also a Mechanick Sort of Lecture for Natural Philosophy , Instituted by Sir John Cutler , with a Salary of 50 l. per Annum , to be Read at the time ●nd place where the Royal Society shall meet .

Syon-Colledge in London .

THis was Founded by Thomas White Doctor in Divinity , for the use of the Clergy in London , and Liberties ●hereof , and a part thereof for Twenty ●oor People , for which he gave Three Thousand pounds , and for the Main●enance of the poor People 120 l. yearly for ever , and 40 l. yearly for a Sermon in Latin at the beginning of ●very Quarter , and a plentiful Dinner ●or all the Clergy that shall meet ●here . There was a Spacious Library ●uilt by John Sympson Rector of St. Olaves Hartstreet , and well furnished with Books .

The Chartreaux in London .

THis was heretofore a Convent of Carthusian Monks , called in French Des Chartreaux . It is called Sutton's H●●pital also , and consists of A Master , o● Governour , A Chaplain , A Master , and Usher to Instruct 44 Scholars , beside● 80 Decayed Gentlemen , Souldiers , an● Merchants , who have all a plentif●● Maintenance of Dyet , Lodging , Cloath and Physick , &c. The Scholars fit for the University have Twenty pound● yearly allowed them for Eight year after they come to the University 〈◊〉 and others fitter for Trades have a considerabl Sum of Money to bind them out Apprentices . And they have all Officers expedient for such a Society ; as Physician , Apothecary , Steward , Cooks , Butlers , &c. who have all Competent Salaries :

This vast Revenue was the Gift of an ordinary Gentleman , Mr. Thomas Sutton , Born in Lincolnshire , and was of such Account , that by the King's Letters Patents , Persons of the Highest Quality ; as the Archbishop of Canterbury , Lord Chancelor , Lord Treasurer ▪ and Thirteen others are Governours , and Overseers thereof .

Schools in London

ARe St. Paul's , Founded An 1512. by John Collett Dr. of Divinity and ●ean of St. Paul's , for 153 Children to ●e Taught gratis ; There being a Master , Usher , and Chaplain , who have ●arge Stipends , and the Master , Wardens , and Assistants of The Company of ●ercers in London have the oversight ●hereof .

And divers other Schools which are ●ndowed ; as Merchant-Taylors , Mercers-Chappel , &c. which for brevity sake I ●mit .

The Arms of the City of London ●re Argent , A Cross Gules , with the Sword of St. Paul , not the Dagger of William ●alworth , as some have conceited ; ●or this Coat did belong to the City before Walworth slew Wat Tyler , as ●earned Antiquaries affirm .

Southwark .

THis Burrough was granted by King Edward the Sixth by Lett●ers Patents to the Major , Commonal●y , and Citizens of London , and is cal●ed the Bridge-Ward , without ( and Governed by One of the 26 Aldermen of ) London ; It hath nothing Remarkable , but that it pays more in a Subsidy to the King , and Musters more Men than any City in England , except London .

The City of Westminster .

THE Ancient , Stately Abby Church here , was Founded by the Pious King Edward th● Confessor , and richly Endowed , afterwards Rebuilt by King Henry the Third with that rare Architecture now seen ▪ Wherein are most Magnificent Tombs , and Monuments of our Kings , Queens , and Greatest Nobles ; To the East-end of which is added A Chappel by King Henry the Seventh , which for curiou● Artificial Work without , and within ▪ For a Monument of Massy Brass most curiously wrought , is scarce to be parallel'd in the whole World .

This huge Fabrick stands where first was the Temple of Apollo , and afterwards King Sebert the First Christened King of the East Saxons , who first Built St. Paul's Church in London , Built here likewise this Church to St. Peter .

It taketh the name from this Monastery , which Minster signifieth , it being called Westminster in respect of the East Minister , not far from the Tower of London .

This Monastery 30 Hen. 8. was Surrendred to the King , who Erected thereof a Dean and Chapter , Anno 33 Hen. 8. It was raised to a Bishop●ick , and Tho. Thurlby made the first and last Bishop thereof . Queen Eliz. Converted it into a Collegiate Church , and therein placed a Dean , Twelve seculiar Canons , or Prebendaries , Pety Canons , and others of the Quire to the number of Thirty ; Ten Officers , belonging to the Church , as many Servants belonging to the Collegiate Diet ; Two School-Masters ; Forty Scholars ; Twelve Alms-men with plentiful Allowance for all , besides Stewards , Receivers , Registers , Collectors and other Officers , The Principal whereof is the High Steward of Westminster , who is usually one of the Prime Nobility .

The Dean is intrusted with the Rega●ia at the Coronation , and Honoured with a place of necessary Service at ●ll Coronations , and with a Commis●ion of the Peace within the City and Liberties of Westminster .

The Dean and Chapter invested with all Jurisdiction , both Ecclesiastical and Civil , not only within the City , and Liberties of Westminster ; but within the Precincts of St. Martins le Grand , and in some Towns in Essex , Exempted in the one from the Jurisdiction of the Bishop of London ; And in the other from that of the Archbishop of Canterbury .

It hath a Royal Jurisdiction for Ecclesiastical Causes , and Probate of Wills , and a Commissary from whom is no Appeal , but to the King in his Chancery ; Who thereupon Issueth out a Commission of Delegates under the Great Seal of England .

When the Convocation is Adjourned from St. Pauls ( for the conveniency of being nearer the Parliament ) to Westminster : The Bishops first declare , ( upon a Protestation made by the Dean there , ) that they intend thereby not to violate that High Priviledge , viz. That no Archbishop , or Bishop may come there without leave of the Dean first obtained .

There is also a fair publick Library , free for all Strangers to Study both Morning and Afternoon , always in Term time .

Within this City are Twelve Wards ; Out of which are Elected One Burgess , and One Assistant in every Ward , and out of these Twelve , Two are Elected yearly on the Thursday in Easter Week , to be Chief Burgesses , and so to continue for the year ensuing ; These Burgesses have Authority by Act 27 Eliz. To Hear , Examine , Determine , and Punish according to the Laws of the Realm , and lawful Customs of the City of London , Matters of Incontinency , Common Scolds , Inmates and Common Annoyances , and to commit such Persons as shall offend against the Peace , and thereof give knowledge within Twenty four hours to some Justice of Peace within the County of Middlesex .

Next the Abbey Church stood the Palace Royal , and usual Place of Residence of the Kings of England , who ordinarily held their Parliaments , and Courts of Judicature in their Dwelling Houses , and many times sate themselves in the said Courts of Judicature , as they do still in Parliament : But after the Parliament was divided into two several Houses , which was about 50 Ed. 3. The Commons assembled in the Chapter House of the Abbot of Westminster , until 1 Ed. 6. which gave to the King Colledges Chauntries , Free Chappels , &c. The King being thereby Possessed of the Ancient Beautiful Free Chappel of St. Stephen , Founded by King Stephen , which had Revenues of the old yearly value of 1085 l. It afterwards served for the House of Commons .

A great part of this Huge Palace was in the time of Hen. 8. destroyed by Fire , what remained hath still been Employed for the use of the Parliament and Courts of Judicature ; The Great Hall where those are kept Built by King William Rufus , or by Richard the Second as some hold , being for all Dimensions not to be equalled by any Hall in Christendom .

Radulphus de Ingham Chief Justice of England , a very poor Man being Fined before him at 13 s. 4 d. in another Term moved with Pity , caused the Record to be rased and made 6 s. 8 d. For which he for his Fine made the Clock to be heard into Westminster Hall , and the Clock-house which cost 800 Marks , Tempore Ed. 1. and continueth to this Day .

Anno 37 Hen. 8. The King's Mannor of Westminster , was made an Honour .

The City of Norwich .

THis is an Ancient City , For in Ancient Manuscripts it appears , That In tempore Steph. Regis de nova Fundata & ut Villa populata Communitas fact● .

And it is highly commended for many things , Quod suis Opibus Frequentia , Aedificiorum Elegantia , Templorum Pulchritudine & Numero ( Paraecias enim plus minus 30 complectitur , ) Civum sedulitate in Principem fide in Exteros Humanitate inter Celebrrimas Britanniae Urbes merito connumeranda , &c. Moenibus Validis ( in quibus crebrae dispositae Turres & Undecim Portae ) undique Obsepta nisi ad ortam qua Flumen ( cum sinuoso flexu 4 Pontibus pervium Septentrionalem urbis partem interluerit ) profundo alveo & praecipitibus Rupis defendit ; It is preferred before all the Cities in England , except London , hath above 30 Parishes , and is as large within the Walls as London ; it had within it and the Liberties Six Religious ▪ Houses , and One Hospital ,

Anno 27 Hen. 8. The Bishoprick of Norwich becoming void by the Death of Richard Nick , commonly called the Blind Bishop , The King nominated the Abbot of the Monastery of St. Bennets de Hulmo in the County of Norwich , to be Bishop of Norwich . And afterwards 4 Feb. 27 Hen. 8. It was Enacted by Authority of Parliament , That such Person as should be Elected and Consecrated Bishop of Norwich , should have , and enjoy , united to the said Bishoprick the Monastery of St. Bennets ; And all Manors , &c. belonging to the same . And should be Abbot of the said Monastery of St. Bennets , and have the Dignity of the said Abbacy United , Incorporated , and Knit to the said Bishoprick .

For the Courts of Justice in this City , we have Treated of the like in London , and therefore shall only mention an Act of Parliament concerning the Jurisdiction thereof , 2 R. 2. N. 39. Not in Print ; Whereby it is Enacted for the Citizens of Norwich , That if their Customs , and Usages heretofore used , or hereafter to be used be Difficult or Defective in part , or in all , Or that the same need any due amendments for any matter arising , whereof Remedy was not aforetime had ; That then the Bailiffs and Twenty four Citizens of the same City , so therefore yearly to be Chosen , or the greater part of them , shall from henceforth have Power to Ordain such Remedies as are most agreeable to Faith and Reason ; and for the most Profit , the Good , and Peaceable Government of the same Town , and of Strangers thereto repairing as to them shall seem best ; So as such Ordinance be profitable for the King ▪ and his People .

By the Statute of 14 Hen. 4. The Merchants and Artificers of Worsteds in Norfolk , may sell their single Worsteds to any Place , or Persons in Amity with the King notwithstanding any Inhibition , or Liberty to the contrary .

In the time of King Edward the Confessor , there were 1300 Citizens within this City , and they paid 20 l. to the King , and 10 l. to the Earl ; And besides these 20 s. and Four Prebendaries , and Six Sextaries of Honey , a Bear , and Six Dogs to Bait him ; Now it pays 70 l. to the King , and 100 l. to the Queen , and a Palfrey , and 20 l. of White Rent to the Earl .

It is a County of it self , and hath Two Sheriffs , and large Liberties without the Walls ; See the Statute of 33 He● . 8. How many Attorneys should be at Norfolk ; See Rot. Parl. 18 Ed. 1. f. 5. Concerning the ancient Liberties of this City .

Burgi & Civitat' Fundat' & Aedificat' sunt ad Tuitionem Gentium & Populorum Regni , & idcirco obsi●vdri debent , cum omni Libertate Integ●itate & Ratione .

The Beautiful Cathedral was begun by Herbert Bishop of Norwich , Anno 9 Willielmi Rufi .

The Strong Castle called ●●anch Flower Environed with the City , but no part thereof , but of the County of Norwich , was not Built by Bigott Earl of Norwich , for we find a Charter of King Stephen . Rex , &c. Sciatis me Dedisse in Feode & Hereditate Willielmo Commiti Warren Filio meo Castellum Norwici cum Toto Burgo , &c.

And Reef de W●et Earl of Norwich , Defended this Castel against William the Conquerour , who was driven out of England , and Travelled with his Wife to Jerusalem , Vide Coke's 4 Inst. cap. 52.

The Two Vniversities in England .

THese are the Two Eyes , or Luminaries of the Kingdom , and are now Stiled Universities ; A Professione Universalium Scientiarum & Artium Liberalium A University being properly an Incorporation , under one Government of many publick Schools , ordained especially for the Study , and Profession of Divinity , Civil-Law , and Physick , as also Philosophy , and other Liberal Arts and Sciences . And of these Universities , the first and most ancient is thought to be

Oxford .

QUasi Ousford Isidis Uadum , From the name of the Chief River Isis whereon it is Seated ; It lies in 51 Degrees , 42 Minutes Latitude , and above 22 Degrees Longitude , almost the same Climate with the Famous University of Athens , and was a place for publick Studies above 900 years ago , and much Augmented by the Learned Saxon King Alured ; And is an ancient City , consisting of Two sorts of Inhabitants , viz. Students and Citizens living one amongst another ; yet wholly Separate for Government Laws and Manners ▪ The University , next under the King being Governed by

The Chancellor , who is commonly some of the prime Nobility , Elected by the Students in Convocation , to continue Durante Vita : And is to take care of the Government of the whole University , To maintain the Liberties and Priviledges thereof , To call Assemblies , To hear and determine Controversies , Call Courts , Punish Delinquents ; &c. And next to him in Dignity is ,

The High Steward nominated by the Chancellor , and approved by the University , and is also Durante Vita ; and to Assist the Chancellor , the Vice Chancellor and Proctors upon their Requests , in the Execution of their Places ; Also to hear , and determine capital Causes , according to the Laws of the Land , and Priviledges of the University , so oft as the Chancellor shall require him . And the Third Officer is ,

The Vice Chancellor , who is commonly the Head of some Colledge nominated yearly by the Chancellor ; And in the Chancellors ▪ Absence may do almost whatever the Chancellor might do , if present ; Moreover he takes care that Sermons , Lectures , Disputations , and other Exercises be performed , That Heretiques , Fanatiques , Nonconformists , Panders , Bawds and Whores , &c. be expelled the University , and Converse of Students , That the Proctors , and other Officers , and publick Servants of the University perform their Duty , And that Courts be duly called , and Law Suits determined without delay ; In a word , that whatever is for the Honour or Profit of the University , or may conduce to the Advancement of good Literature , may be carefully obtained . And Fourthly ,

The Two Proctors chosen every year out of the several Colledges by Turns ; These are to Assist in the Government of the University , and particularly in Scholastick Exercises , taking Degrees , in Searching after , and Punishing all Violators of Statutes , or Priviledges of the University , all Night-Walkers , &c. They have also the Oversight of Weights , and Measures , that the Students may not be wronged . And next is ,

The publick Orator , who is to write Letters according to the Orders of the Convocation , or Congregation , And to make Solemn Harangues at the Reception of any Prince , or Great Person . And then is ,

The Custos Archivorum , who is not only to Collect and Keep the Charters , Priviledges , and Records that concern the University ; But also is to be always ready to produce them before the Chief Officers , and to Plead the Rights and Priviledges of the said University . And Lastly is ,

The Register of the University , who is to Register all Transactions in Convocations , Congregations , Delegacies , &c. And besides these are certain publick Servants as ,

The Six Beadles , so called from the High Dutch Briton , or Low Dutch Bidden , To Summon , Admonish , or Pray . Three of these are called Squire Beadles , carry large Maces of Silver Guilt , and the other Three are Yeomen Beadles , and carry large Silves Maces Un-guilt ; Their Office is always to Wait on the Vice Chancellor in Publick , doing what belongs to his Place , and at his Command to Seise any Delinquent and carry him to Prison , To Summon any , To publish the calling of Courts , or Convocation● , To conduct Preachers to Church and Lecturers to Schools , &c. And upon more Solemn occasions , is a Seventh called

The Virger , from the Silver Rod which h● carries , who with the other Six walks before the Vice Chancellor , and is ready to observe his Commands , and to wait on Grand Compounders , &c.

The other publick Servants , of lesser note we shall not mention .

The Students in Oxford anciently ( as now in most Universities beyond Seas ) without any Distinction of Habit lived in Citizens Houses , and had Meeting places to hear Lectures and Disputes ; After that , were divers Houses for Students only to live together called Inns from the Saxon , or Hostells from the French . And now

Halls where every Student lived wholly upon his own Charges . And of these were formerly Two hundred , and in them as Armachanus writes 30000 Students , until

Colledges were by the Bounty of divers Kings , and other Patrons Endowed with Revenues , to maintain such Students as by Merit , and Worth should be chosen from time , to time , in Lodging , Dyet , Cloaths and Books , with large Salaries ; For Professors to Instruct them , for a Head to Govern them according to certain Statutes , and Ordinances made by the said Patrons , and Founders . And the first of Colledges , Endowed in Europe are University Baliol , and Merton , all made Colledges in the 12th Century after Christ . The other 15. Colledge's , viz. Christs Church , St. Mary Magdalen , New Colledge , All Souls , Corpus Christi , Queens Colledge , St. Johns , Trinity Colledge , Brazen Nose , Oriel Colledge , Wadham , Lincoln , Exeter , Jesus , and Pembroke Colledge , are of lesser Antiquity : And these Colledge● have within their own Walls Lectures , Disputations , All Professions , and Liberal Sciences , Read and Taught , and in some of them publick Lectures for all Comers , and large Salaries for the Readers ; In so much as they seem so many compleat Universities : And are not Inferiour to some in our Neighbouring Countries .

The Halls where Students live of their own Means ( only Excepted some Annual Pensions annexed to One or Two of them ) are in number Seven , viz. Magdalen Hall , Edmund Hall , Alban Hall , New Inn , Gloucester Hall , St. Mary Hall , Hart Hall .

The whole number of Students in Oxford , that live upon the Revenue of the Colledges are about 1000 ; And of other Students about twice as many , besides , Stewards , Manciples , Butlers , Cooks , Porters , Gardiners , &c.

The Discipline in these Colledges , and Halls , is , First all that intend to take any Degree , are to take their Dyet and Lodging , and have a Tutor , constantly in some Colledge or Hall ; then they are to perform all Exercises , to be Subject to all Statutes , and to the Head of the House : Next they are to be Subject to the Chief Magistrate of the University : To perform publick Exercises , and to be subject to the publick Statutes thereof ; To suffer themselves to be shut up by Night in their Houses ; They are never to be seen abroad out of their Chambers , much less out of their Colledges , without their Caps and Gowns ( which is no where else observed but in Spain , ) their Gowns are all to be Black , only the Sons of the Higher Nobility are herein Indulged , and all Doctors are Honoured with Purple , or rather Scarlet Robes .

The Degrees taken in the University are only Two , viz. Batchelour , and Master anciently as well in Divinity , Law , and Physick , as in Arts. But now the Degrees in those three Professions are Batchelours , and Doctors , The time required by Statute for taking the aforesaid Degrees , is Four years Study to be a Batchelor , and Three years more to be Master ; To take the Degree of Doctor of Divinity , the Student must first take the Degree of Master of Arts ; Then after Seven years more he may be Batchelor , and Four years after that Doctor in Divinity . Three years after Master of Arts , the Student may be Batchelor , and in Four years more Dr. of Laws , and the like for Dr. of Physick : The Exercises required for taking these Degrees are many , and difficult ; yet not such but they may be performed in less time by any of good Ability .

In the afore mentioned Three Professions , and in the Arts there Proceeds Masters , or Doctors yearly about 150 , and every Lent about 200 Batchelors of Arts.

At the Act , or time of Compleating the Degree of Master , both in the aforesaid Three Professions , and Arts , which is the Monday after the 6th of July yearly ; there are usually great Solemnities , not only for publick Exercise , but also Feastings , Comedies , and a mighty concourse of Strangers from all Parts to their Friends , then compleating their Degrees ; whereby , and by the fet Fees , it costs a Doctor about 100 l. and a Master of Arts about 20 or 30 l.

Many Priviledges have been granted to the Universities by Charter of divers Kings , Favourers of Learning ; As by Charter of King Edward the Third , The Mayor of Oxford is to obey the Orders of the Vice Chancellor , and to be in subjection to him .

The Mayor with the Chief Burgesses of Oxford , and also the High-Sheriff of Oxfordshire , every year in a Solemn manner take an Oath given by the Vice Chancellor ; To observe and conserve the Rights , Priviledges and Liberties of the University of Oxford .

And every year on the day of St. Scholastica , ( being 10 February , ) a certain number of the Principal Burgesses , Publickly and Solemnly do pay each one a Penny , in token of their Submission to the Orders and Rights of the University .

By Charter of Hen. the Fourth , It is left to the choice of the Vice Chancellor , whether any Member in the University there Inhabiting , accused for Felony , or High Treason shall be tried by the Laws of the Land , or by the Laws and Customs of the University , Tho' now where Life or Limb is concerned , the Criminal is left to be Tried by the Laws of the Land .

No Student of the University may be Sued at Common Law for Debts , Accompts , Contracts , Injuries , &c. but only in the Courts of the Vice-Chancellor , who hath Power as aforesaid to Determine and Punish Delinquents ; To Imprison , Inflict Corporal Punishment , To Excommunicate , To Suspend , and to Banish .

The Universities are Subject to the Visitation , or Correction of none but the King , or whom he please to Commissionate .

The Chancellor , and in his absence the Vice-Chancellor , is not only in Place , but in all Affairs of Moment ( though concerning the City it self ) Superiour to the Mayor of the Town .

All Members of the University are subject to the Vice-Chancellor , and his Judicial Courts ; which are Ruled wholly by the Civil Law .

By the Statute of 13 Eliz. The Two Universities are Incorporated ( albeit they were ancient Corporations before . ) All Letters Patent , Liberties , Priviledges , &c. granted to either of the Universities are Established , and Confirmed .

King James the First Honoured both Universities , with the Priviledge of sending each Two Burgesses to Parliament .

The Terms in Oxford begin the First on the 10 of October , and ends the 17 of December , and is called Michaelmas Term ; Second called Hillary or Lent Term , begins the 14 of January , and ends the Saturday before Palm Sunday ; The Third called Easter Term , begins the 10 day after Easter , and ends the Thursday before Whitsunday ; The Fourth is called Trinity Term , beginning the Wednesday after Trinity Sunday , and ends after the Act sooner or later , as the Vice-Chancellor , and Convocation think meet .

There are besides in Oxford many stately publick-Schools , The famous Bodleian Library , which for a Noble , Lightsom Fabrick ; number of choice Books , curious Manuscripts , diversity of Languages , Liberty of Studying , Facility of finding any Book , may equal the Famous Vatican . The Curious Architecture of the Theater , The Excellent Printing Presses , The Publick Physick Garden , &c. are not for our purpose further to describe .

Cambridge .

WHat hath been said of Oxford , may suffice for the University , and Town of Cambridge ; which if she will , in Complaisance at any time give place to Oxford , yet at the same time , she will Challenge it before any other University in the Christian World . But in some few things she differs from Oxford , as for that ,

The Chancellor is not so ( Durante Vita ) but may be elected every Two years , Aut manere in eodem Officio durante Tacito Consensu Senatus Cantabr' : He hath under him a Commissary , who holds a Court of Record of Civil Causes , for all Priviledged Persons under the Degree of Master of Arts , where all Causes are Tried , and Determined by the Civil and Statute Laws ; and by the Customs of the University .

The High Steward is chosen by the Senate , and holds by Patent from the University .

The Vice Chancellor is chosen yearly by the Senate on the 3d day of November , Out of Two Persons nominated by the Heads of the several Colledges , and Halls .

The Two Proctors are chosen every year as at Oxford , according to the Circle of the Colledges and Halls . There are also ,

Two Taxers , who with the Proctors have care of Weights and Measures , as Clerks of the Market . There are also ,

Three Squire Beadles , and one Yeoman , Beadle .

The Students here have no Houses but what are Endowed : For the Colledges , and Halls differ only in name . And these Houses , Endowed are but Sixteen , viz. St. Peters Colledge , Clare Hall , Pembroke Hall , Corpus Christi Colledge , alias Bennet Colledge , Trinity Hall , Convile and Cains Colledge , Kings Colledge , Queens Colledge , St. Katherines Hall , Jesus Colledge , Christs Colledge , St. Johns Colledge , Magdalen Colledge , Trinity Colledge , Emanuel Colledge , Sussex and Sidney ; But these are generally so large , that the number of Students is commonly little different from those of Oxford .

Degrees at Cambridge are usually taken as at Oxford , Except in Law , and Physick , whereof after Six years they may take the Degrees of Batchelour , and after Five years more , that of Doctor .

The first Tuesday of July is always . Dies Comitiorum , there called the Commencement ; Wherein the Masters of Arts , and the Doctors of all Faculties , compleat their Degrees respectively , as the Batchelours of Arts do in Lent , beginning at Ashwednesday .

Many Priviledges have been likewise granted by several Kings to this University , As every Michaelmass-day , The Mayor of the Town , at the Entrance into his Office , takes a Solemn Oath before the Vice Chanceller to Observe , and Conserve the Priviledges , Liberties and Customs of the University : Also on Friday before St. Simon and Jude at a Magna Congregati in St. Maries Church , The Mayor brings with him Two Aldermen , Four Burgesses , and Two of every Parish , to take their Oaths before the Vice Chancellor , for the due search of Vagabonds , Suspected Persons , &c. At the same are Sworn 14 Persons for the University , and Fourteen for the Town to look to the Paving , and Cleansing of the Street .

The University hath also a Court Leet , held twice every year , wherein are presented all Nusances , &c.

The Terms in Cambridge , begin Lent Term , the the 13 of January , and ends the Friday before Palm-Sunday , Easter Term the Wednesday after Easter Week , and ends the Week before Whitsuntide ; Trinity Term the Wednesday after Trinity Sunday , and ends the Friday after the Commencement , and Michaelmass Term begins the 10 of October , and ends the 16 of December .

Cambridge lies in 52 Degrees , 20 Minutes Northern Latitude .

Both these Universities are Two easie days Journey from the Capital City of London , and about the like Distance from each other .

The Government of Boroughs in England

ANd other Towns Corporate , Is much after the same manner with Cities . In some there is a Mayor , in others One or Two Bailiffs , who have equal Power with the Mayor and Sheriffs , and during their Offices they are Justices of Peace within their Liberties , and have there the same Power that other Justices of Peace have within their County .

The Government of Villages in England .

IN every Village is a Government Ecclesiastical , and Civil ; which if only observed , might render the whole Kingdom Happy . And first the

The Ecclesiastical Government of Villages .

THe Parson or Vicar , who hath Curam Animarum , The care of the Souls of his Parishioners , For which he hath the Tithes , Glebe , and Church Offerings . And hath under him ,

The Church-wardens and Sides Men , To take care of the Church and Church Assemblies .

The Overseers of the Poor , To take care of the Poor , Sick , Aged , Orphans , and other Objects of Charity . And Lastly ,

The Clerk to wait on him at Divine Service . And for

The Civil Government of Villages .

THe Lord of the Manor or Soil , who from the Crown immediately holds or mediately holds Dominium Soli ; Is said to have in him ; The Royalty as if he were a little King ; and hath a kind of Jurisdiction , and a Court Baron incident to the Manor , and sometimes a Court Leet , by Grant from the King to which the Inhabitants owe Suit and Service , and where smaller Matters ( as Escheats upon Felonies , or other Accidents , common Nusances , &c. Admitting of Tenants , passing of Estates , Reliefs , Herriots , Hunting , Hawking , Fishing , &c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts ) may be heard and determined . And under the Lord is

The Constable , or Headborough , Chosen yearly by the Lord or Steward in the Leet , to keep the Peace in case of Quarrels ; to search any House for Robbers , Murderers , and others who have broken the Peace ; to raise Hue and Cry after Robbers ; to seize Offenders , and keep them in the Stocks or other Prison , till they can bring them before some Justice of Peace , to whom the Constables are subservient upon all occasions , either to bring Criminals before them , or to carry them by their Command to the Common Prison .

Thus having in a Brief and Methodical manner described the Constitution of the English Government ; For the Excellency thereof , we may wel● conclude with the Poet ,

O Fortunatos nimium bona si sua Norint — Angligenas .

THE ISLANDS Adjacent to ENGLAND .

CAlled by Heylin , The Sporades not ( as he saith ) that they are so named in any Author , but being many , he thought fit to include them under that general Name . The Chief of which are

The Isle of Man .

INsula Euboniae modo Manniae , hath been an ancient Kingdom , as appears by Walsingham , pag. 287. and Coke's Reports , Lib. 7. fol. 21. Calvin's Case . And yet we find it not Granted , or Conveyed by the Name of a Kingdom ; Sed per Nomen Insulae , &c. cum Patronatu Episcopatus . The Patronage of the Bishoprick of Sodor , being a Visible Mark of a Kingdom , Est nempe Jus ipsius Insulae , ut quisquis illius sit Dominus , Rex vocetur ; cui etiam fas est Corona Aurca Coronari , Walsingh . 17 R. 2.

This Island was taken from the Britains by the Scots , and from them regained by Edwin King of Northumberland . Afterwards the Norwegians seised it , from whom Alexander the Third wrested it ; and about the Year 1340. William Montacute , Earl of Salisbury , descended from the Norwegian Kings of Man , won it from the Scots , and afterwards sold it to W. Lord Scroope , who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland , who being 5 H. 4. Attainted of Treason , In 7 H. 4. it was by Parliament Enacted , the King should have the Forfeiture of all his Lands and Tenements . And afterwards 7 H. 4. the King granted the Isle , cum Patronatu Episcopatus unto Sir John Stanley , first for Life , and afterwards to him and his Heirs . Sir John had Issue Sir John Stanley Knight , who had Issue Sir Henry Stanly , Lord Chamberlain to King Henry the Sixth , who Created him Lord Stanley . He had Issue Thomas , whom King Henry the Seventh Created Earl of Derby , to him and the Heirs Male of his Body , &c. Vide Co. 4 Inst. cap. 69.

The Laws and Jurisdiction of this Isle differs from other places ; For they call their Judges Deemsters , which they chuse out of themselves : And they determine all Controversies without Process , Pleading , Writing , or any Expence at all . If any Cases be ambiguous , or of greater weight , it is referred to Twelve , which they call Claves Insulae . They have Coroners ( quos Annuos vocant ) who supply the Office of Sheriff : But altho' the King's Writ runneth not into this Island , yet his Commission extendeth thither for Redress of Injustice , and Wrong . The Bishop was Instituted by Pope Gregory the Fourth , is under the Archbishop of York , being annexed to that Archbishoprick by King Henry the Eighth , but hath neither Place nor Voice in the Parliament of England . In hac Insula Judex Ecclesiasticus citat , definit , & infra Octo dies parent , aut carcere intruduntur .

The People are a Religious , Industrious and True People . They have peculiar Laws or Customs ; For if a Man steal a Horse , or an Ox , it is no Felony , because he cannot hide them ; but if he steal a Capon , or Pigg , he shall be hanged , &c.

In this little Kingdom are Two Castles , Seventeen Farishes , Four Market Towns , and many Villages .

It is scituate against the South part of Cumberland , from which it is distant 21 Miles ; Is in Length 30 Miles , in Breadth 15 , but in some part only 8 Miles . The Soil is abundant in Flax , Hemp , Oats , Barley , Wheat ; and Bishop Merrick writing to Cambden , when he was composing his Britannia , saith , Our Island for Cattle , Fish , and Corn , hath not only sufficient for it self ; but sendeth store into other Countries . The chief Towns are Balacurri , and Russin , or Castle-Town , the Seat of the Bishop . On the Hill Sceaful may be seen England , Scotland , and Ireland ; Here are also , bred the Soland Geese . The People speak a Mixture of the Norwegian , and Irish Tongues .

Anglesey

IS accounted a Shire of Wales , bordereth on Carnarvanshire , is in Length 20 , in Breadth 17 Miles , containing in former times 360 Towns , and Villages , the chief whereof are 1. Beaumaris towards Wales , 2. Newburg , 3. Aberfraw , on the South-side .

This Island for its abundant Fertility is called Mam Cymri , i. e. Mother of Wales . It was once the Seat of the Druids , first Conquered by Suet onius Paulinus , and united to the English Crown by the Valour of Edward the First .

Jersey , olim Caesarea .

IS in Compass 20 Miles , and sufficiently strong , by reason of the dangerous Seas . It containeth 12 Towns or Villages , the Chief being St. Hillary and St. Malo , and four Castles . The Ground is plentiful in Grain and Sheep , most of them having four Horns , of whose Wool our Jersey Stockings are made .

Gernsey , olim Servia ,

IS distant 20 Miles from Jersey , to whom it is much Inferiour in respect of Fertility , and Largness ; but more commodious by reason of the safe Harbours . It containeth 10 Parishes , the Chief being St. Peters , the Port or Haven , and Market Town .

These Islands of Jersey and Gernsey lye both nigh unto Normandy , and Bretaign , and did in ancient time belong to the Dutchy of Normandy . But Henry the First Overthrowing his Elder Brother Robert , united the Dutchy of Normandy , with these Isles , to the Kingdom of England . And altho' King John lost Normandy , and Henry the Third took Money for it ; yet these Isles continued Faithful to England , the possession thereof being a good Seisin of the whole Dutchy .

Concerning the Judicature and Customs of these Isles , it appeareth by Records in the Tower , Quod Rex Johannes constituit 12 Coronatores Juratos ad Placita & Jura ad Coronam spectantia , custodienda , Et concessit pro securitate Insularum , Quod Ballivus de caetero per visum Coronatorum poterat placitare sine Breve de Nov. Disseisinae facta infra Annum , De Morte Antecessorum infra Annum , De Dote similiter infra Annum . And now they have a Governour appointed by the King of England , and Twelve Assistants selected out of every several Parish . And for the most part they proceed according to the Customs of Normandy : Altho' the King's Writ runneth not into these Isles , yet his Commission under the Great Seal doth . But the Commissioners must judge according to the Laws and Customs of the Isles .

Insula Vectis , or Vecta .

THe Isle of Wight is esteemed part of Hampshire , from which it is severed by a dangerous Streight of the Sea . It contains 20 Miles in Length , Twelve in Breadth , and is Governed by the Laws of England , as the other Shires have been ; the Soyl is answerable to the Husbandman's Expectation ; The Sheep bear fine Wool , and the Trees store of Fruit. Here are One Forest , Two Parks , and 36 Towns and Villages , the Chief being Newport , Yarmouth , and Brading .

The Island is strongly scituated , being Inaccessible towards France ; but because the North-shoar is Level , it is fortified on that side with Three Castles , viz. Yarmouth , Cows , and Sand-head Castle ; and in the Midst of the Island is Carisbrooke Castle , wherein hath sometimes been Armor for 50000 Men , and in every Village a Great Piece of Ordnance .

This Isle was taken from the Britains by Wolphur King of Mercia , and hereof King Henry the Sixth Crowned Henry Beauchamp , Earl of Warwick , King , and he was after named Primus Comes totius Angliae ; sed cum illo Novus hic & insolitus Titulus omnino evanuit .

The Sorlings .

CAlled by the English , and Belgians , Scilly Islands ; by Antonine in his Itinerary , Sigdoles ; by Solinus , Silyres ; by some Greek Writers Hesperides , and Casterides , are scituate against the Western Cape of Cornwal , from which they , are distant 24 Miles . They are in Number 145 , of which 10 only are of Estimation , viz. 1. Armath , 2. Agnes , 3. Sampson , 4. Scilly , 5. Bresar , 6. Ruso● , 7. St. Helens , 8. St. Martins , 9. Arthur 10. St. Maries , Chief of all the rest , being 8 Miles in compass ; sufficiently Fruitful , and strengthned with a Castle , called Stella Maria by Queen Elizabeth .

These Islands are stored with Grass , Grain , and Lead ; which last was once carried hence into Greece . Hither the Roman Emperors Banished Condemned Men to Work in the Mines . These were subdued to the English Crown by Athelstane .

The Island Lindisfarne , Or

LEndisfarne , scituate near the River Lied , called also Holyfarne , or Holy Island , on the confines of Northumberland ; Hath one Castle , one Church , one Parish , and a safe Haven , defended by a Blockhouse .

It was in ancient time a Bishops Seat , after Translated to Duresme , and is Governed by the Laws of England .

It was called Holy Island , for that many Religious Men in times past retired thither , being a Solitary place .

There are divers other Islands , as Denny , Londay , and Chaldey in the Severn Sea ; Thanet , and Sheppey , near Kent ; Farne Isle , near Lindisfarne , and Cockat Islands near Northumberland ; and many others of small account .

ADDENDA , OR A SUPPLEMENT Of Things omitted in the Impression .

In the High Court of Parliament .

THE manner of Debates or passing of Bills into Acts , is thus . It is the Practice of each House to debate not only of what the King hath proposed , but of any other Lay-matters , unless their Sovereign shall expresly forbid the same , as heretofore hath sometimes been done .

It is free for any Man of the Parliament , or not of the Parliament , to get a Bill drawn by some Lawyer , and give the same to the Speaker , or Clerk of the Parliament to be presented at a time convenient , and this Bill may be put first either in the Lords House or the Commons House .

Whatever is proposed for a Law , is fir●t put in Writing , and called a Bill ; which being read commonly after Nine of the Clock in a full Assembly , it is either unanimously Rejected at first , or else allowed to be Debated , and then it is committed to a certain Number of the House presently nominated and called a Committee . After it hath been amended , and twice read two several Days in the House , then it is Ingrossed , that is , written fair in Parchment , and read the third time another Day , and then if it be in the Lords House , the Lord Chancellor , in the Commons House the Speaker demandeth if they will have it put to the Question , Whether a Law or no Law ? If the Major Part be for it , there is written on the Bill by the Clerk , Soit Baille aux Communes , or Soit Baille aux Seigneurs , retaining still in this and some other things about making Laws , the Custom of our Ancestors , who were generally skilled in the French Tongue .

Note , That when the Speaker finds divers Bills prepared to be put to the Question , he gives notice the Day before , That on the Morrow he intends to put such Bills to the Passing or third Reading , and desires the special Attendance of all the Members .

Note also , That if a Bill be Rejected , it cannot be any more proposed during that Session .

A Bill sent by the Commons up to the Lords , is usual ( to shew their Respect ) attended with Thirty or Forty of the Members of the House : As they come up to the Lords Bar , the Member that hath the Bill , making three profound Reverences , delivereth it to the Lord Chancellor , who for that purpose comes down to the Bar.

A Bill sent by the Lords to the Commons , is usually sent by some of the Masters of the Chancery , or other Person , whose Place is on the Wooll-sacks ( and by none of the Members of that House ) and they coming up to the Speaker , and bowing thrice , deliver to him the Bill , after one of them hath read the Title , and desired it may be there taken into Consideration ; if aftewards it pass that House , then is written on the Bill , Les Communes o●t assentez .

When any one in the Commons House will speak to a Bill , he stands up uncovered , and directs his Speech only to the Speaker ; then if what he delivers be confuted by another , yet it is not allowed to answer again the same Day , lest the whole time should be spent in Debate . Also if a Bill be debating in the House , no Man may speak to it in one day above once .

If any one speak words of Offence to the King's Majesty or to the House , he is called to the Bar , and sometimes sent to the Tower . The Speaker is not allowed to perswade or disswade in passing of a Bill , but only to make a short and plain Narrative , nor to Vote , except the House be equally divided .

After Dinner the Parliament ordinarily assemble not , though many times they continue sitting long in the Afternoon .

Committees sit after Dinner , where it is allowed to speak and reply as oft as they please .

Note , By Death or Demise of the King , the Parliament is ipso facto dissolved .

Anciently , after every Session of Parliament , the King commanded every Sheriff to proclaim the several Acts , and to cause them to be duly observed ; yet without that Proclamation , the Law intending that every one hath Notice by his Representative , of what is transacted in Parliament ; of later times since Printing became common , that Custom hath been laid aside .

See before in High Court of Parliament , Page 51.

To the Court of the High Steward of England .

BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress , either for Treason or Misprision , all the Peers who have Right to sit and Vote in Parliament , shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial ; and every Peer so summoned , and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried ; every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. & . M. Intituled , An Act for Abrogating the Oaths of Allegiance and Supremacy , and Appointing other Oaths . And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis , For disabling Papists to sit in either House of Parliament .

Provided that neither the Act , nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever .

Provided also , That the Act , nor any thing therein contained shall any ways extend to any Indictment of High Treason , nor to any Proceedings thereupon for Counterfeiting the King's Coyn , his Great Seal or Privy Seal , his Sign Manual , or Privy Signet .

See before in The Court of the High Steward of England . Page 81.

Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian , &c. of England in the King's Absence .

FOR his Authority , Place and Precedency , See Rot. Parl. Anno 1 Hen. 6. Nu. 26 & 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 , 23 , & 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71.

The Lord Coke in his 4th . Inst. Cap. 3. saith , The surest way is to have him made by Authority of the Great Council in Parliament .

Richard Duke of Gloucester Uncle to King Edward the 5th . ( and afterwards King by the Name of Richard the 3d. ) was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority . Holinshead's Chron. fol. 1363.

And for the Government of the Realm and Surety of the Person of King Edward the 6th . his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms , Dominions and Subjects , and so proclaimed the 1st . of February , Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof .

And on the 6th . of Feb. Anno 1547. the said Earl of Hertford Lord Protector , Adorned King Edward with the Order of Knighthood , remaining then in the Tower , and therewith the King standing up , called for Henry Hubblethorn Lord Mayor of the City of London , who coming before his Presence , the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo. 1614.

The King when he intends to go , or is in remotis out of the Realm , appoints a Guardian , &c. of England by Letters Patent under the Great Seal . Or in respect of some Infirmity or other urgent Occasions , hath sometimes by Commission under the Great Seal of England appointed certain Lords of Parliament to represent his Person , he being within the Realm .

The Patent of the Office of a Guardian of England , reciteth his speedy going beyond Sea , or in remotis , or urgent Occasions , and the Causes thereof . Nos quod pax nostra tam in nostra absentia quam praesentia inviolabiliter observetur , & quod fiat communis Justitia singulis conquerentibus in suis actionibus & querelis , de fidelitate dilecti & fidelis nostri Edwardi Ducis Cornub. & Comitis Cestriae , filii nostri primogeniti plenarie confidentes , constituimus ipsum Custodem dicti Regni nostri ac locum nost um tenent' in eodem Regno quamdiu in dictis transmarinis partibus moram fecerimus , vel donec inde aliud duxerimus . ( And this is that Capitalis Justiciarius mentioned in Magna Charta Cap. 1. when the King is extra Regnum ) with a Clause of Assistance .

But yet if any Parliament is to be holden , there must be a Special Commission to the Guardian , to begin the Parliament and to proceed therein : But the Teste of the Writ of Summons shall be in the Guardian 's Name .

A Parliament was holden Anno 5 H. 5. before John Duke of Bedford Brother and Lieutenant to the King , and Guardian of England , and was summoned under the Teste of the Guardian or Lieutenant .

By Stat. 8 H. 5. Cap. 1. It was Enacted , That if the King being beyond the Seas , cause to summon a Parliament in this Realm , by his Writ under the Teste of his Lieutenant , and after such Summons of Parliament gone out of the Chancery , the King arriveth in this Realm ; That for such Arrival of the same King , such Parliament shall not be dissolved , but the Parliament shall proceed without new Summons .

In 3 E. 4. a Parliament was begun in the presence of the King , and prorogued until a further day , and then William Archbishop of York the King's Commissary by Letters Patent held the same Parliament , and Adjourned the same , &c. The Cause of the said prorogation was for that the King was enforced to go in person to Gloucestershire to Repress a Rebellion there .

The King's Person may be represented by Commission under the Great Seal , &c. as before is said to certain Lords of Parliament , authorizing them to begin the Parliament . Both the Guardian and such Commissioners do sit on a Form placed near the Degrees that go up to the Cloth of Estate . Coke's 4th . Inst. Cap. 1. fo. 6 & 7.

To the Court of Equity in the Exchequer-Chamber .

BY the Statute of 33 Hen. 8. Cap. 39 the Judges of this Court have full Power and Authority to discharge , cancel and make void all and singular Recognizances and Bonds made to the King for Payment of any Debt or Sum of Money , or for performance of Conditions , &c. upon shewing the Acquittance , &c. or any Proof made of Payment and performance ; also to cancel and make void by their Discretion all Recognizances made for any Appearance or other Contempt . And that if any Person of whom any such Debt or Duty is demanded , alledge , plead , declare , or shew in the said Court sufficient Cause and Matter in Law , Reason and good Conscience in Barr , or Discharge of the said Debt or Duty , and the same Matter sufficiently prove in the said Court , then the said Court shall have Power and Authority to judge and allow the said Proof , and clearly acquit and discharge such Person and Persons . Also Lands chargeable to the King's Debts in the Seisin and Possession of divers and sundry Persons , the same shall be wholly and intirely , and in no wise severally liable to the payment of the said Debt and Duty : But in the said Act of 33 Hen. 8. All manner of Estate , Rights , Titles and Interests as well of Inheritance as Freehold , other than Joyntures for Term of Life are excepted .

J. S. holdeth Lands of the King by Fealty and yearly Rent , and maketh a Lease thereof for Years to A. B. pretends that J. S. leased the same to him by a former Lease ; Albeit there is a Rent issuing out of these Lands to the King , yet neither A. nor B. can sue in this Court by any priviledge in Respect of the Rent , for that the King can have no prejudice or Benefit thereby : For whether A. or B. doth prevail , yet must the Rent be paid : And if this were a good Cause of Priviledge , all the Lands in England holden of the King by Rent , &c. might be brought into this Court.

But if Black-acre be extended to the King for Debt of A. as the Lands of A. and the King leaseth the same to B. for Years , reserving a Rent ; C. pretends that A. had nothing in the Land , but that he was seized thereof , &c. this Case is within the Priviledge of this Court , for if C. prevail , the King loseth his Rent .

The King maketh a Lease to A. of Black-acre for Years , reserving a Rent , and A. is possessed of a Term for Years in White-acre , the King may distrain in White-acre for his Rent . Yet A. hath no Priviledge for White-acre , to bring it within the Jurisdiction of this Court .

Some are of Opinion , that a Court of Equity was holden in the Exchequer-Chamber before the Stat. of 33 Hen. 8. And then it must be a Court of Equity by Prescription ; for we find no former Act of Parliament that doth create and establish any such Court : And if it be by Prescription , then Judicial Presidents in Course of Equity must guide the same . As to the Jurisdiction , certain it is , that there hath been of ancient time an Officer of the Exchequer called Cancellarius Scaccarii , of whom , amongst other Officers of the Exchequer , Fleta saith thus : Officium vero Cancellarij , est Sigillum Regis custodire simul cum controrotulis de proficuo Regni . And the Mirror saith , Perjure est per la ou il fuit Chancellor del Exchequer vea a tiel a fair luy Acquittance de tant que avoit payè al Eschequer de la deit le Roy south le Seal del Exchequer ou delay faire Acquittance de tiel jour tanque a tiel jour , &c. His ancient Fee is 40 Marks , Livery out of the Wardrobe 12 l. 17 s. 4. d. in toto 39 l. 10 s. 8 d. See 15. Hen. 8. Cap. 16.

The Exchequer hath a Chancellor and Seal , and the Writs usual in the Chancery in the Exchequer to seize Lands , are more ancient than Praerog . Regis .

Hereunto it is collected , that seeing there hath been timeout of mind a Chancellor of the Exchequer that there should also be in the Exchequer a Court of Equity .

In Rot. Par. 2 Hen. 4. we find a Petition of the Commons , That no Writs or Privy Seals be sued out of the Chancery , Exchequer , or other place to any Man to appear upon a Pain , &c. to answer , &c. contrary to the ordinary Course of the Common Law . Whereunto the King answered , That such Writs should not be granted without Necessity .

Anno 3 Hen. 5. the Commons petitioned , That all Writs of Subpaena and Certis de Causis , going out of the Chancery and the Exchequer might be Inrolled and not Granted of matters determinable at the Common Law on Pain of Forty Pounds . The King's Answer was , That he would be advised .

See before in Court of Equity in the Exchequer-Chamber . Page 141.

The Court of First Fruits and Tenths Ecclesiastical .

A Court of First-fruits and Tenths was raised by Stat. 32 Hen. 8. Cap. 45. Officers constituted of Chancellor , Treasurer , King's Attorney , Two Auditors and Two Clerks , Authority given them to compound for First-fruits , Bonds taken therefore should be of like force as a Statute-Staple : But this Court was dissolved by Queen Mary , Parl. 1. Sess. 2. Cap. 10.

These were granted to the Crown by the Stat. of 26 H. 8. Cap. 3. But all the Clergy were Exonerated and Discharged thereof afterwards , Anno 2 & 3 Philip and Mary , Cap. 4.

The Statute of 26 Hen. 8. revived , and First-fruits and Tenths of the Clergy reunited to the Crown Anno 1 Eliz. Cap. 4. But no Court is revived , but First-fruits and Tenths to be within the Rule , Survey and Government of the Exchequer , and created a new Office and Officer , viz. a Remembrancer of the First-fruits and Tenths of the Clergy , who taketh all Compositions for the said First-fruits and Tenths , and maketh Process against such as pay not the same .

First-fruits , or Annates , Primitiae are the First-fruits after Avoidance of every Spiritual Living for one whole Year , except Vicaridges not exceeding Ten Pounds , and Parsonages not exceeding Ten Marks , but all are to pay Tenths .

Ecclesiastical Livings were sometimes valued by a Book of Taxation made in 20 E. 1. which remaineth in the Exchequer ; and by another Taxation in 26 Hen. 8. which also remaineth in that Court. And according to that latter Taxation are the Values of Ecclesiastical Livings computed for the First fruits and Tenths .

What is of Record concerning First-fruits we will thus briefly relate .

2 Ed. 3. Rot. Claus . m. 4. The King forbiddeth H. P. the Pope's Nuncio to Collect First-fruits , &c.

Parl. 1. R. 3. N. 66. That the Pope's Collector be willed no longer to gather the First-fruits of Benefices within this Realm , being a very Novelty , and that no Person do any longer pay them .

Rot. Par. 4 Rich. 2. Nu. 44. The Commons do petition that Provision may be made against the Pope's Collector for Levying the First-fruits of Ecclesiastical Dignities within the Realm . The Answer of the King in Parliament , is , There shall be granted a Prohibition in all such Cases where the Pope's Collectors shall attempt any such Novelties . For , note , They were not so ancient with us as is pretended .

Rot. Par. 6 R. 2. Nu. 50. Upon Complaint made by the Commons in Parliament : The King willeth that Prohibitions be granted to the Pope's Collectors for receiving of First-fruits .

6 Hen. 4. Cap. 1. Against First-fruits by Archbishops and Bishops to the Pope , terming it an horrible Mischief and damnable Custom .

Rot. Par. 9 Hen. 4. Nu. 43. It is Enacted , That the Pope's Collectors should not from thenceforth levy any Money within the Realm for First-fruits of any Ecclesiastical Dignity by any Provision from Rome upon Pain of the Statute of Provisors ; but this is omitted out of the Print of 9 Hen. 4. Cap. 8.

19 E. 3. Tit. Jurisdiction 22. The Bishop of Norwich had by Prescription time out of mind , First-fruits within his Diocesse of all Churches after every Avoidance . But these also were given to the Crown by the Statute of 26 Hen. 8. Cap. 3.

Tenths Ecclesiastical , Decimae , these are the Tenth part of the Value of all Ecclesiastical Livings yearly payable to the King , his Heirs and Successors by the said Satute of 26 Hen. 8. and 1 Eliz. to be valued as is abovesaid .

These the Pope ( as the Canonists hold ) pretended to have De Jure Divino , as due to the High Priest , by pretext of these Words ; Praecipe Levitis atque denuncia , cum acceperitis à filiis Israel Decimas quas dedi vobis , Primitias earum offerte Domino , id est , decimam partem decimae , ut reputetur vobis in Oblationem Primitiarum tam de areis , quam de torcularibus & universis quorum accipietis Primitias offerte Domino , & date ea Aaron Sacerdoti . But the Parliaments in 25 Hen. 8. and 26 Hen. 8. were not of Opinion that these Tenths did belong to the Bishop of Rome , as by the several Preamambles thereof appeareth , which we have added ; for that we have endeavoured to shew ( as the Lord Coke saith ) the several Claims and Pretences of every thing whereof we have treated . And King Philip and Queen Mary yielded not these Tenths to the Pope , but ( as hath been said ) by Authority of Parliament discharged the Clergy thereof : Which they would never have done , if they had taken them to be due to the Pope de Jure Divino . And the Bishop of Norwich could not have prescribed to have First-fruits within his Diocesse , if they had been due to the Pope de Jure Divino : and the rather for that Anthony de Beck , for whom the Prescription was made , was a Retainer to the Court of Rome , made Bishop of Norwich by the Pope See the Statutes at large , and Coke's 4 Inst. Cap. 14.

By Statute 26 Hen. 8. Cap. 17. Farmers of Spiritual Persons shall not be compelled to pay First-fruits and Tenths for their Lessors .

By the Statute of 27 Hen. 8. Cap. 8. Every Spiritual Person at his Entry into Specialty for the Payment of his First-fruits shall have Deduction of the Tenth part thereof , in respect of the Tenth which shall be by him payable that year .

Where the last Incumbent leaves the Tenth unpaid , the Successor may Distrain the said Incumbents Goods found upon the Benefice , and keep them until the Incumbent ( if Living ) or ( if Dead ) his Executors , Administrators , or other Owner of the said Goods shall satisfie the Arrears ; which if not done within 12 days the Goods may be Appraised upon Oath , and Sold for the satisfying thereof , together with reasonable Costs , and in Case there be no Distress , the Successor may prosecute the Incumbent ( if Living ) or ( if Dead ) his Executors , Administrators , or other Owner of his Goods , by Bill in Chancery , or Action of Debt , for the Recovery of the same .

By Stat. 32 Hen. 8. cap. 22. If a Bishop or any of his Deputies will make Oath that they cannot Levy a Tenth , they shall be discharged thereof upon their Account in the Exchequer , which Court shall also have Power to Examin the Truth thereof by Witnesses or otherwise , and also to Issue out Commissions , and to receive Certificates for that purpose .

If it be Certified into the Exchequer by Commission or otherwise , that any Spiritual Promotion is omitted out of the Original Certificate of Tenths , which ought to have been there inserted ; That Court shall have power to enter it into the said Original Record , to the end it may from thenceforth be chargable therewith .

By Stat. 32 Hen. 8. cap. 47. The Bishop of Norwich and his Successors shall Collect the Tenths of all Spiritual Promotions within his Diocess , notwithstanding the Statute of 27 Hen. 8. ( not Printed ) which did Exempt them from the Collection thereof .

By Stat. 34 and 35. Hen. 8. cap. 17. The Ten●hs and Pensions reserved upon the Patents of the Five new Bishops of Chester , Gloucester , Peterborough , Bristol and Oxford , shall be paid in the Court of the First fruits and Tenths , and not elsewhere . But note , That the Court was afterward annexed to the Exchequer by divers Acts of Parliament , and Patents of Hen. 8. and Queen Mary .

By Stat. 2 and 3 Ed. 6. cap. 20. The penalty for default of Payments of Tenths , shall be the Forfeiture of that only Benefice out of which the same is due , notwithstanding the Statute of 26 Hen. 8. cap. 3.

By Stat. 7. Ed. 6. cap. 4. The Collectors of Tenths shall before Midsummer next give good Security , to save the Bishop harmless against the King .

The Bishop shall have the last day of May for the payment of Tenths , and for making Certificates for such as have refused to pay them , notwithstanding the Statute of 26 Hen. 8. cap. 3.

If a Benefice be void , so that no Tenth can be there received , the Bishop ( upon Certificate ) shall be discharged thereof , and then the King shall have it levied upon the Glebe by way of Seisure .

The Patent of a Collector of Tenths , shall be good no longer , than during the continuance of the Grantor in the See .

By Stat. 1 Eliz. cap. 4. The First-fruits and Tenths , restored to the Crown the Statutes prescribing the Grant and Order of them recontinued ; The Statute of 2 and 3 Philip and Mary , ( by which they were taken away ) repealed : and they shall from henceforth be within the Survey of the Court of Exchequer .

All Advowsons of Vicaridges , incident to any of the Queens Impropriations , shall be re-setled in her , notwithstanding any Act done by Cardinal Pool , or Grant made by Queen Mary ; saving unto all Persons ( except such unto whom such Grants have been made ) their Right and Interest into , or out of such Impropriations .

Pensions , and all other yearly Payments shall be paid as before the Act of 2 and 3 Philip and Mary .

All Persons in Arrear for those Duties shall not be answerable for them to the Queen .

If an Incumbent continue in the Benefice half a year after the last avoidance , and die , or be legally ousted before the end of the year , He , his Executors , Administrators or Sureties , shall only pay the Fourth part of the First fruits , if he live out the year and die , or be ousted within Six Months after the year , only half the First-fruits shall be paid : And if he live out the year and half and die , or be ousted within one year , only the quarter thereof shall be paid .

Discharge of First-fruits and Tenths , heretofore granted by any of the Queens Predecessors to the Universities , or the Colleges in them , or to those of Eaton and Winchester , shall remain good notwithstanding this Act ; Also the Dean and Canons of Windsor , shall be from henceforth discharged thereof .

All Grants of Impropriations belonging to the Arch-deaconry of Wells shall remain good notwithstanding this Act ; yet the said Arch-deaconry , and all Spiritual Promotions Assigned to it , shall from hence forth pay First-fruits and Tenths .

All Impropriations , and other Profits or Emoluments , Ecclesiastical , which were formerly within the Survey of the Dutchy Court of Lancaster , shall be recontinued notwithstanding this Act , or that of 2 and 3 Philip and Mary .

The Revenues of Hospitals and Schools , shall not be charged with the Payment of First fruits , or Tenths notwithstanding this Act.

By Stat. 28 Hen. 8. cap. 11. The year in which the First-fruits shall be paid to the King , shall begin immediately after the avoidance or vacation of the Benefice .

In the time of Hen. 8. There were 3 new Courts erected ( amongst others ) viz. Those of the Augmentations , First-fruits and Tenths , and General Surveyors : But these were afterwards annexed to the Exchequer , by divers Acts of Parliament , and Letters Patents of Hen. 8. and Queen Mary . Nevertheless in some of these Acts there remains yet somewhat in force ; As you may see in the Statutes concerning Courts .

By Stat. 1 Mary Parl. 2.10 . The Queen may by her Letters Patents Alter , Dissolve or Reduce into one or more the Courts of Augmentations , First-fruits and Tenths , Wards , Surveyors and the Dutchy ; or may annex any of them together , or unto any other Court of Record ; or erect of the same any other new Court or Courts .

Provided , That nothing in the said Letters Patent to be contained , shall charge the Subject otherwise than as he ought to have been charged , before the Second day of this Parliament , and that the Officers of the said Courts shall not hold Plea , but only where the Queen is party against any of her Subjects .

Provided also , That if the Queen shall annex any of the said Courts to the Exchequer , all things within the Survey of the said Court or Courts so annexed , shall be ordered the Exchequer way , saving to all persons their Offices , Rents , Annuities , and Fees to be paid out of any of the Queens Courts , where shall be sufficient Revenue to answer the same . Vide le Statute .

To the Court of Ancient Demesne .

IN the Book of Doomes-day it self , it appeareth that it was made in the time of the Conquerour .

And as Tenants in Ancient Demesne are careful to preserve their Priviledges ; so the Lord is as careful to preserve his Seigniority , and the Tenure of his Tenancy in Ancient Demesne . And therefore , if the Tenant Levy a Fine , or suffer a Recovery in the Court of Common Pleas , &c. whereby for a time the Land is become Frankfee , the Lord by a Writ of Disceit , may not only restore himself to his true Seigniority , but utterly avoid the Fine , and restore his Tenant against the Recovery , and his own Fine to the Land again in his former Estate ; and the Reason thereof is , for that the Recovery or Fine was not suffered , or Levied before a Competent Judge in the Right Court , which ought to have been in the Court of Ancient Demesne : And therefore , after the Reversal in the Writ of Disceit , it is now Tanquam coram non Judice , and the Parties to the Fine , or Recovery shall be Fined and Imprisoned pro deceptione Curia .

But if in a Writ of Right Close in Ancient Demesne , the Demandant maketh his Protestation to Sue in the nature of Assize of Mortdancester , the Tenant Pleads in Abatement of the Writ , and the Writ by Judgment is abated ; the Demandant brings a Writ of false Judgment , wherein the Writ is affirmed to be good ; the Court of Common Pleas shall proceed as the inferiour Court should have done ; and altho' that Judgment be given to recover the Land in the Common Pleas ; yet the Land is not Frank-see but remains Ancient Demesne , because the beginning and foundation thereof was in Ancient Demesne .

They may Levy a Fine in Ancient Demesne , which by Custom is said to be a Bar of an Estate Tail ; but certainly that will not hold .

If the Tenant remove the Plea , for the cause mentioned in the Recordare , he may come into the Kings Court , and Assign other Cause : And Twenty , if he hath , to maintain the Jurisdiction of the Kings Court , Coke's 4 Inst. cap. 58.

All those Manors which were in the Hands of St. Edw. the Confessor , were caused to be Written in Doomes-day Book , Sub Titulo Regis , and all the Lands holden of the said Manors , are held by Tenure of Ancient Demesne .

And the Tenants shall not be Impleaded out of the said Manors , and if they be , they may shew the Matter , and abate the Writ . But if they Answer to the Writ , and Judgment be given , then the Lands become Frank-fee for ever .

And Tenants in Ancient Demesne which held their Lands by Soccage ; That is , by Service with the Plow , are called Sockmans , That is , Tenants or Men that hold by Service of the Plow , or Plowmen , for Sock signifies a Plow . Terms del Ley.

All the Lands that are in the Kings Hands are Frank-fee , and Pleadable at the Common Law , F. N. B. 35.

The Manor it self , and the Demesne Lands within the Manor is Pleadable at Common Law ; and a Man ought to Sue his Action for the Manor , and for the Lands which are Parcel of the Manor at the Common Law , and in the Common Pleas , F. N. B. 24.

But if a Man Sue for Lands holden of the Manor in the Hands of a Free Tenant , he ought to Sue the Writ of Droit Close , directed to the Lord of the Manor , and there he shall make his Protestation , to Sue in the same Court , the same Writ in the nature of what Writ he will Declare : And if false Judgment be given , the Tenant or Demandant may Sue a Writ of false Judgment , F. N. B. 24.

But he , who holdeth in Ancient Demesne by Copy of Court Roll , at the Will of the Lord , who is called Tenant by base Tenure , ( and anciently Tenure in Villenage , ) if he be ousted of his Lands , he shall not have this Writ of Droit Close , but ought to Sue by Bill in the Court of the Lord of the Manor , and shall make Protestation to Sue there in nature of what Writ he will ; but he shall not have a Writ of false Judgment or other Remedy , but to Sue to the Lord by way of Petition , F. N. B. fo. 26 , 27.

And when the Writ of Droit Glose cometh to the Lord or his Bailiffs , he ought to hold a Court , and if he will not hold it , The Demandant may Sue a Writ out of Chancery commanding him to hold it , and thereupon an Attachment directed to the Bailiff , returnable in the Kings Bench or Common-Pleas , whereupon he shall recover Damages or the like , against the Bailiff .

And if the Lord oust his Tenant that holds in Fee , he may have a Writ of Droit Close , or an Assize , or other Writ at Common Law , against the Lord for those Lands , F. N. B. 26.

No Lands are Ancient Demesne , but Lands holden in Soccage . And

By this Tenure is intended , that the Tenants shall do the Service of the Plow● , viz. To Plow and Till the Lords Lands , to Mow the Lords , Meadows , and such like Services as are for the maintaining of the Kings Sustenance or Victuals , and his Subjects . And for such Services the Tenants have divers Liberties and Priviledges in Law , as to be quit of Toll and Taxes , if not charged upon Ancient Demesne , To be free from Charges of Knights of Parliament , and not to be put on Enquests out of their Manors , unless they have other Lands , &c. And if the Lord Distrein for other Service or Customs than they are used to do , they may have a Monstraverunt , F. N. B. fo. 30 , 31.

The Lord shall not answer to Attachment upon the Monstraverunt , before the Court be certified by the Treasurer , and Chamberlain of the Exchequer , whether the Land be Ancient Demesne , F. N. B. 35.

The Lord shall have a Writ of Disceit against him , who levieth a Fine of Demesne Lands , and he who is Tenant shall avoid the Fine ; But if he Release to him in Possession it shall bind , F. N. B. 216.

Lands in Ancient Demesne may be extended , by the Statute de Mercatoribus , 13 E. 1. Coke's 2 Inst. 397. And upon Statute Staple . And general Statutes extend to it , Coke's 4 Inst. 270.

Fine in Ancient Demesne by Custom Bars an Estate Tail , Coke's , 2 Inst. 207 , 270.

The Jurisdiction extends not to personal Actions , Coke's 2 Inst. 224 , 270.

The Demandant in a Writ of Droit Close , cannot remove the Plea out of the Lords Court for any cause , &c. nor can the Tenant remove the Plea out of the Ancient Demesne , if not for Causes which prove the Land to be Frank-fee , and not Ancient Demesne ; And when the Court is removed by Recordare , he ought to shew some Special matter to prove the Land to be Frank fee , and not Ancient Demesne ; otherwise , the Plea shall be sent back unto the Lords Court : But to shew a Fine levied in the Kings Court of the same Land , or a Recovery had upon a Praecipe quod Reddat , is a good cause to prove the Land to be Frank-fee , &c.

Tenants in Ancient Demesne may make Attorneys , Coke's , 2 Institutes 700.

Ancient Demesne , Tryable by Book of Doomes-day , Coke's 4 Inst. 270.

In a Replevin , Writ of Mesne , Writ of Ward , in Accompt against Guardian in Soccage , Ancient Demesne is a good Plea for the Appearance and Common Intendment , that the Realty doth come in Debate ; so in Accompt against a Bailiff . For it is brought for the Issue and Profits of the Land , which is Ancient Demesne , which ought to be determined in the Court of Ancient Demesne . And in Assize brought by Tenant by Elegit , Ancient Demesne is a good Plea . For the manner of Proceeding and Tryal , See Coke's 5 Rep. 105. Alden's Case , 105.

If Ancient Demesne be pleaded of a Manor and denied , it shall be Tryed by the Record of the Book of Doomes-day in the Exchequer . But if Issue be taken , that certain Acres are parcel of the Manor which is Ancient Demesne , it shall be Tryed by Jury , for it cannot be Tryed by the same Book , Coke's 9 Rep. 31. Case of the Abbot of Strata Marcella .

If a Man Levy a Fine of Land in Ancient Demesne to another at Common Law ; now the Lord shall have a Writ of Disceit against him who levied the Fine , and him who is Tenant and thereby he shall make void the Fine , and the Conusor shall be restored to the Possession , which he hath given by the Fine . But if the Conusor after the Fine Release to the Conusee by his Deed being in Possession , or by his Deed confirm his Estate in the Land , then the Conusee shall retain and have the Land , notwithstanding the Fine be avoided , Coke's 10 Rep. 50. Lampet's Case .

In a Praecipe if one plead , That the Manor of D. is Ancient Demesne , and the Land in Demand is parcel of the Manor , and so Ancient Demesne , The Demandant cannot say , That the Land in Demand is not Ancient Demesne , for the same is the conclusion upon the precedent proposition , viz. The first , That the Manor is Ancient Demesne . The second , That the Land in Demand is parcel of the Manor , for Sequitur Conclusio super Praem●ssis , and therefore cannot be denied , Coke's 11 Rep. 10. Priddle and Napper's Case .

The like in Case of Tithes ibid.

Neither the Lord of Ancient Demesne , Nor of a Court Baron , Nor the Sheriff in the County Court , when the Plea is holden by Writ of Right , Justicies , Admeasurement , &c. are Judges , but the Suitors who by the Common Law are the Judges of the Court , Coke's 6 Rep. 12. Jentleman's Case .

The Writ of Droit Close is directed unto the Lord of Ancient Demesne , and lieth for these Tenants who hold their Lands by Charter in Fee-simple , Fee-Tail , for Life , or in Dower , if any of them be Ousted or Disseized , he , or his Heir may Sue this Writ , F.N.B. 23 , &c.

If any Land in Ancient Demesne be in variance between the Tenants , then the Tenant so grieved shall have against the other a Writ of Right Close , after the Custom of the Manor , and that shall be always brought in the Lords Court ; and thereupon he shall Declare in the Nature of what Writ he will , and this Writ shall not be removed but for a great Cause , or Non power of the Court , Terms del Ley.

If the Lord in Ancient Demesne confirm the Estate of the Tenant , to hold by certain Service at the Common Law , altho' the Estate of the Tenant be not changed , nor any Transmutation of the Possession ; yet the quality of his Estate is changed ; for the Tenant shall not be afterwards Impleaded by Petit Writ of Droit . And the Land by the Confirmation is discharged from the Customs of the Manor , Coke's 9 Rep. 140. Beaumont's Case .

Monstraverunt is a Writ that lieth for Tenants in Ancient Demesne , who hold by Free Charter ( but not those Tenants who hold by Copy of Court Roll , Or by the Rod according to the Custom of the Manor at the Will of the Lord. ) And it is directed to the Lord , commanding him not to Distrein his Tenant to do other Service ; And if the Tenants cannot be in quiet , they may have an Attachment against the Lord , to appear before the Justices , and all the names of the Tenants shall be put in the Writ , although but one of them be grieved , F.N.B. 31 , 32 , 33 , &c.

The Lord shall not be put to Answer to the Writ of Attachment upon the Monstraverunt , before the Court be certified by the Treasurer , and Chamberlains of the Exchequer , whether the Manor be Ancient Demesne ; And it therefore behoveth the Plaintiff to Sue forth a Writ , directed to the Treasurer and Chamberlain for that purpose , Fitz. Herb. N. B. fo. 31. to 35.

If a Lord in another place out of Ancient Demesne , Distrein his Tenant to do other Service than he ought , He shall have a Writ of Right , called Ne injuste Vexes , and it is a Writ of Right Patent , which shall be Tryed by Battail or Grand Assize , Terms del Ley.

See before in Court of Ancient Demesne , Page 196.

To the Court of Commissioners of Sewers .

SEwers seems to be a Word compounded of two French Words , Seoir to Sit , and Eau Water , for that the Sewers are Commissioners that Sit by Virtue of their Commission and Authority Grounded upon divers Statutes , to Enquire of all Nusances and Offences committed by the Stopping of Rivers , Erecting of Mills , not Repairing of Banks and Bridges , &c. and to Tax and Rate all whom it may concern , for the amending of all defaults , which tend to the hindrance of the free passage of the Water , through the old and ancient Courses . See the Statute of 6 H. 6. cap. 5. and 23 H. 8. cap. 5. for the form of their Commission .

Commission is as much in the Common Law , as Delegate in the Civil , and is taken for the Warrant or Letters Patent , which all Men using Jurisdiction either Ordinary or Extraordinary , have for their Power to hear and determin any Matter or Action . Yet this word sometimes extends more largely than to matters of Judgment , as the Commission of Purveyors , &c.

And all Commissions are grounded upon the Words in Magna Charta : Terrae Legem , And have this Clause , Facturi quod ad Justitiam pertinet secundum Legem & Consuetudinem Angliae .

And no new Commission can be raised but by Statute Coke's 2 Inst. 51 , 54 , 57.

The King may send his Commission to Repair a Bridge , F. N B. 281.

Legal Commissions have their due Forms as well as Original Writs , and therefore cannot be newr famed without Act of Parliament : The like of Oaths , Coke's 2 Inst. 478 , 479.

Rumney Marsh in Com. Kanc. containing 24000 , Acres Is at this day , and long time hath been governed by certain Ancient , and equal Laws of Sewers , made by a Venerable Justice Henry de Bathe , in the Reign of Hen. the 3d , from which Laws not only other parts in Kent , but all England receive Light and Direction : For Example , The General Act of 23 Hen. 8. cap. 5. in the Clause which giveth power to the Commissioners to make Statutes , Ordinances , and Provisions , &c. necessary and behoveful after the Laws and Customs of Rumney Marsh , in the County of Kent , or otherwise by any means or ways , &c.

Both the Town and Marsh of Rumney took their name of one Robert Rumney , which Robert ( as it appeareth by the Book of Doomes-day , ) held this Town of Odo Bishop of Baieux , wherein he had 13 Burgesses , who for their Service at Sea , were discharged of all Actions and Customs of Charge , except Felony , Breach of the Peace , and Forestalling .

The Lord Mayor hath Jurisdiction for the time being , for the Conservation and Rule of the Water , and River of Thames , and the Issues , Breaches , and Lands over-flowed , &c. from the Bridge of Stanes , unto the Water of Yendal and Medway : And in all Commissions touching the Water of Ley , The Mayor of London shall be one .

By Stat. 3 Jac. cap. 14. Sewers that fall into the Thames , shall be Subject to the Commission of Sewers , Coke's 4 Inst. cap. 62.

The Commissioners ought to Tax all , who are in danger to be endamaged for the not repairing equally , and not he who hath the Land next adjoyning to the River only .

And Walmesley Justice held , and it was not denied by any , That if the Owner of the Land were bound by Prescription to Repair the River Bank , that yet upon such Commission Awarded , the Commissioners ought not to charge him only , but ought to Tax all who had Land in danger : And to this purpose the Statutes concerning Sewers were made , See the Statute of Hen. 6. cap. 6. In which the Commission of Sewers is formed and specified , and other Statutes , and Coke's 5 Rep. Rooke's Case , and 10 Rep. 139 , Keightly's Case .

And this Commission of Sewers is a Court of Record , Coke's 6 Rep. 20. Gregorie's Case .

See Coke's 10 Rep. The Case of Chester Mill , Keightly's Case , and Case of the Isle of Ely , upon the Commissions of Sewers , and the several Acts of Parliament concerning the same , where you may Read more at large of this matter .

See before in the Court of Commissioners of Sewers , Page 292.

To the Court of Commissioners , upon the Statute of Bankrupts .

THE first Statute made against Bankrupts , was against Strangers , viz. against Lombards , who after they had made Obligations to their Creditors , suddainly escaped out of the Realm without any Agreement made with them . It was therefore Enacted , 51 Ed. 3. That if any Merchant of the Company knowledge himself bound in that manner , that then the Company shall answer the Debt ; so that another Merchant which is not of the Company , shall not be thereby Grieved or Impeached ; neither do we find either any Complaint in Parliament , or Act of Parliament made against any English Bankrupt , until the aforesaid Statute of 34. Hen. 8. when the English Merchant had rioted in three kinds of Costliness , viz. Costly Building , Costly Dyet and Costly Apparel , accompanied with neglect of his Trade and Servants , and thereby consumed his Wealth .

He is called in Latin Decoctor à Decoquendo , for consuming his Estate in Riotous and Delicate Living .

The Law provideth , That the Commissioners upon the Statute of Bankrupts ought to have Three qualities , viz. Wisdom , Honesty and Discretion ; Which if it be observed , it is the best means for the due Execution of the said Statute , and the Life of these Laws doth consist in the due Execution thereof : And for such Commissioners , if any Action shall be brought against them , &c. for doing of any thing by force of the said Statutes , they may plead Generally , and not be driven to any Special Pleading , Coke's 4 Inst. cap. 64.

By Stat. 34. Hen. 8. cap. 4. The Lord Chancellor , Treasurer , &c. might take Order with the Bankrupts Bodies , Lands and Goods , for the payment of their Debts ; but this was altered by Stat. 13 El. 7. 1 Jac. 15 , &c.

And by the said Statute of 13 El. 7. It is Enacted , That if any Person ( Subject or Denizen ) exercising Trade doth depart the Realm , conceal him , or her self , take Sanctuary , suffer him or her self to be Arrested , Outlawed or Imprisoned without just Cause , to the Intent to Defraud Creditors , being also Subjects born , he shall be Deemed a Bankrupt .

And that the Lord Chancellor or Keeper upon a Complaint in Writing against such Bankrupt , may appoint Honest and Discreet Persons to take such Order with the Body of such Bankrupt , wheresoever found , and also with the Lands ( as well Copy as Free ) Hereditaments , Annuities , Offices , Writings , Goods , Chattels and Debts , wheresoever known ; which the Bankrupt hath in his own Right , with his Wife , Child or Children , or by way of Trust to any Secret use ; and to cause the said Premisses to be Searched , Rented , Appraised and Sold for the payment of the Creditors , Ratably according to their Debts , as in the Discretions of such Commissioners , ( or the most part of them ) shall be thought fit .

Such of the Commissioners as Execute the Commission , shall ( upon the Bankrupts request ) render him an Account , and also the Overplus ( if any be ) unto him , his Executors , Administrators or Assigns .

The Commissioners have Power to Convene before them any Person accused , or suspected to have any of the Bankrupts Goods , Chattels or Debts , or to be Indebted unto him , and for Discovery thereof , to Examin upon Oath or otherwise , as they ( or the most of them ) shall think fit .

The Person refusing to Disclose or Swear , or Demanding , or Detaining any of the Bankrupts Lands , Goods , Chattels or Debts , not justly shall forfeit the Double .

By Stat. 1 Jac. 1. cap. 15. Any Creditor shall be received , to take his part , if he comes in within Four Months after the Commission Sued out , and pay his part of the Charge ; otherwise , the Commissioners may proceed to Distribution .

If any Person be suspected to detain any part of the Bankrupts Estate , and do not Appear or send some lawful excuse , at next Meeting after warning given him , or appearing , refuseth to be examined upon Oath ; The Commissioners by Warrant shall cause him to be Arrested , and if he still refuse , shall Commit him until he Submit .

If a Bankrupt grant his Lands or Goods , or Transfer his Debts into other Mens names , except to his Children upon Marriage ( they being of Age to consent , ) or upon valuable Consideration , the Commissioners may ( notwithstanding ) sell them , and such sale shall be good .

By Stat. 21 Jac. 19. In the distribution of the Bankrupts Estate , no more respect shall be had unto the Debts upon Judgments , Recognizances , Specialties with Penalties , or the like , than to other Debts .

Another Mans Goods in the Bankrupts Possession and Disposition , shall be also distributed by the Commissioners , as the Bankrupts own Goods .

No Purchaser shall be Impeached for this or former Acts , unless the Commission be sued forth within Five years after he becomes Bankrupt .

By Stat. 13 & 14 Car. 2. cap. 24. None that adventure in the East-India , or Guinea Company , or put Money into any Stock , for Carrying on the Fishing Trade , and receive their Dividend in Goods , which they Sell or Exchange , shall by reason thereof only , be lyable to the Statutes of Bankrupt .

Much more of this matter you may Read in the Statutes above mentioned , and other later Statutes concerning Bankrupts at large .

See before in Court of Commissioners upon the Statute of Bankrupts . Page 201.

To the Court of Commissioners for Examination of Witnesses .

THe Commissioners albeit named by the Parties reciprocally , ought to stand indifferent , and do their utmost endeavour to find out by due Examination the whole Truth , and to suppress no part thereof , for their Authority is to that end meerly , and wholly from the King by force of his Commission .

There may be Propriety , but no Superiority amongst Commissioners .

Witness , Is derived of the Saxon word Weten i. Scire , Quia de quibus sciunt , ●testari debent . Et omne Sacramentum debet esse certae Scientiae .

In Latin a Witness is called Testis à testando , & testari est Testimonium perhibere ; unde Regula juris , Plus valet unus oculatus Testis , quam auriti decem : Testis de visu praeponderat alijs .

And Oath ought to be accompanied with the fear of God , and Service of God for the Advancement of Truth , Dominum Deum tuum timebis , & illi soli servies , & per nomen illius jurabis .

Testis falsus non erit impunitus .

Nocte dieque suum gestat sub pectore Testem .

Vox simplex nec probationem facit , nec praesumptionem inducit .

Testibus deponentibus in pari numero , dignioribus est credendum .

Tessemoignes ne poent testifie le negative , mes l'affirmative .

Allegans contraria non est audiendus , verum vero consentiens est falsum nec vero nec falso .

Juramentum est indivisibile , & non est admittendum in parte verum , & in parte falsum .

Allegans suam turpitudinem non est audiendus , Coke's 4 Inst. 279.

Antiquity did add hijs Testibus in the Continent of the Deed , after the In cujus rei Testimonium written with the same Hands the Deed was , which Witnesses were called , The Deed read , and then their Names entred . And this is called Charter Land , and by the Saxons Bookland , which Clause of hijs Testibus continued until and in the Reign of Hen. 8. but is now wholly ommitted .

Before Stat. 12. Ed. 2. cap. 2. Process should be awarded against the Witnesses , and therefore that Statute was but in Affirmance of the Common Law ; But the delay therein was great , And sometimes ( tho' rarely ) the Exceptions to those Witnesses being found true , they were not to be Sworn at all , neither to be joyned to the Jury nor as Witnesses ; As if the Witness were Infamous , as Attainted of False Verdict , or Conspiracy , at Suit of the King Convict of Perjury , Forgery , Felony or Praemunire , or by Judgment lost his Ears , or stood upon the Pillory or Tumbrel , or been Stigmaticus whereby they become Infamous for some Offences , Quae sunt minoris Culpae sunt Majoris Infamiae . If a Champion in a Writ of Right become recreant , he thereby loseth Liberam Legem , becomes Infamous and can be no Witness , or if a Witness be an Infidel , or non sanae memoriae , or not of Discretion , or a Party interested , or the like .

But a Man may be challenged to be of a Jury , that cannot be challenged to be a Witness ; and Witnesses cannot prove a Negative ; of all which you may Read more in Coke's 1 Inst. 6. a. b. Coke's 2 Inst. 662.

When Tryal is by Witnesses , regularly the Affirmative ought to be proved by 2 or 3 Witnesses : But when it is by Verdict of 12 Men , There the Judgment is not given upon Witnesses , or other kinds of Evidences ; But upon the Verdict , and upon such Evidence as is given to the Jury , they give their Verdict .

Bracton saith , There is Probatio duplex , That is , Viva , as by Witnesses , Viva Voce ; & Mortua , as by Deed , Writings and Instruments .

And many times Jurors are ( with other matter ) much induced by presumption , which is of three sorts , Praesumptio Violenta , which is many times Plena probatio , Praesumptio probabilis , which moveth litle , and Praesumptio levis seu temeraria , which moveth not at all .

If all the Witnesses to a Charter , or Deed be Dead , then violent presumption which stands for a proof , is continual and quiet Possession .

A Wife cannot be a Witness , for or against her Husband , for they are Duae animae in carne una ; And in some Cases Women by Law are wholly excluded to bear Testimony .

A Party cannot be Witness against the Usurer . And he that Challengeth a Right to the thing in Demand , cannot be a Witness for that he is a Party in Interest , Coke's 1 Inst. 6. a. b. 25. a.

Witnesses Viva voce , whereupon Jurors try matter of Fact , are much better Courses than the Conscience of one particular Man , Guided by Paper Proofs , Coke's 2 Inst. 111.

Bracton saith , Post intervallum temporis Accusator non erit audiendus , nisi dicere potest se fuisse justis rationibus impeditum .

In Misprision of Treason , there ought to be two Witnesses as well upon Tryal , as upon Indictment .

By Stat. 1 & 5 Ed. 6. None shall be Indicted , Arraigned , Condemned , Convicted or Attainted of any the Treasons aforesaid , or other Treasons unless accused by two lawful Witnesses , Coke's 3 Inst. 24 , 25.

One may not be Accuser by hear-say , ibidem .

No Act of Parliament , Ancient Author , Book Case , or Record , That in Criminal Cases the Party accused should not have Witnesses Sworn for him , Coke's 3 Inst. 79.

In some Cases , as in Dower , &c. The Courts of Common Law Judge by Witnesses , but they must ever be Viva Voce .

An Alien ( if not Infidel ) may be a Witness ; and how Examiners and Witnesses ought to behave themselves , See Coke's 4. Inst. 278 , 279.

Proof is intended Tryal by Verdict , and an Extent and Appraisement ought to be per Sacramentum duodecim and not by the Sheriffs ; But if the Sheriff upon a Fieri facias Sell all the Interest the Defendant had in the Land , the Sale is good notwithstanding misrecital of the Term ; The like if he do not take upon him to recite the Term , otherwise than pro Termino diversorum annorum ex tunc ventur ' it is good , Coke's 4 Rep. 74.

No proof allowed by Law , but the Verdict of 12 Men , Coke's 5 Rep. 108. Sir Henry Constable's Case .

If it be generally spoken of proof generally , altho' there be many proofs in Law ; yet it shall be of the best proof , and that is by Jury ; See more of General Expressions in other Cases , Coke's 6 Rep. 20 , Gregories's Case .

If a Man be bound to prove a thing , he ought to prove it by the principal proof in Law , and that is by Jury , Coke's 11 Rep. 39. Metcalf's Case .

Tryals per Primos Juratores & alios , Et per Primos only ; By Jury with Witnesses adjoyned , See Coke's 9 Rep. 32. Case of Abbot of Strata Marcella , and Statutes and Books there mentioned .

Where Witnesses not appearing shall forseit Issues , See Stat. 12 E. 2. And where convenient Charges being tendred they shall forfeit 10 l. See Stat. 5 El. 9.

Besides the 10 l. shall forfeit such Damages for Recompence as the Judge shall think fit , ibid.

Witnesses upon Statute of Bankrupts allowed their Charges , See Statutes concerning Bankrupts .

Null Justice , Null Minister le Roy , &c. Ne eit power a Mitter Frank home Serement faire sans le Comandment le Roy , Coke's 2 Inst. 44.

By Stat. de Marlebridge , Nullus possit distringere Liberae Tenentes suos ad respondendum de aliquibus ad liberum Tenementum suum spectantibus , nec jurare faciet contra voluntatem suam , Coke ' 2 Inst. 142 , 143.

A new Oath cannot be imposed upon any Judge , Commissioner , or other Subject , without Authority of Parliament , or by Common Law , Time out of mind .

By Stat. Articuli super Chartas . Vicecomites non permittant quod Laici in Balliva sua conveniunt , ad aliquas recognitiones per Sacramenta sua faciendum nisi in Causis Matrimonialibus & Testamentarijs , Coke's 2 Inst. 600.

Persons proceeded against Ex Officio , ought to have the Cause made known to them before their Examination , that it may appear whether the Cause be of Ecclesiastical Cognizance , for otherwise they ought not to Examin them upon Oath , Coke's 2 Inst. 618.

Clergy Men better able to take Juramentum Calumniae ; for concerning the Testimony of Witnesses in the Ecclesiastical Court , the Act of Articuli , &c. above extends not unto ; but if in a Penal Law the Jurisdiction of the Ordinary be saved , as by 1 Eliz. in case of hearing Mass , or 13 Eliz. for Usury or the like , neither Clerk nor Layman , shall be compelled to take Juramentum Calumniae , because it may be an Evidence against him at the Common Law upon the Penal Statutes .

The Oath Juramentum Calumniae , was warranted by Act of Parliament .

It is an High Contempt to Minister an Oath without Warrant of Law , to be punished by Fine and Imprisonment .

A Christian may not induce an Infidel or Idolater to Swear by false Gods , but may take his Credit by so Swearing to a good end , Coke's 4 Inst. 155.

No Ecclesiastical Person shall tender the Oath Ex Officio , or any Oath whereby the party shall be compelled to Accuse or Purge himself , See Statutes Title , Crown 162.

The 2 Houses of parliament being either of them Courts , may take voluntary Oaths , Coke's 2 Inst. 536.

The Lord Coke saith , I wonder so little consideration is had of an Oath as I daily observe ; Cum jurare per Deum , actus Religionis sit ; Quo Deus testis adhibetur , tanquam is qui sit omnium rerum Maximus , &c. Coke's 4 Rep. 95. Slade's Case .

Jurare in propria causa est Saepenumero hoc Seculo praecipitium Diaboli ad destruendas miserorum animas ad infernum , Coke's 4 Rep. 95. Slade's Case .

See before in Commissioners for Examination of Witnesses . Page 203.

To the King's Swanherd .

BY Stat. 1 Jac. 1.27 . Every Person Convicted by his Confession or 2 Witnesses , before 2 or more Justices of Peace , To have killed , or taken any Pheasant , Partridge , Pigeon , Duck , Heron , Hare or other Game , or to have taken or destroyed the Eggs of Pheasants , Partridges or Swans , shall by the said Justices be Committed to Prison without Bail , unless he pay 20 s. to the use of the Poor for every Fowl , Hare and Egg ; And after one Months Commitment , to give Sureties in 20 l. each never to offend ; Vide Statutes for Preservation of the Game .

All White Swans not marked , which have gained their Natural Liberty , and are Swimming in an Open and Common River , may be seized to the King's use by his Prerogative ; Because Volatilia ( Quae sunt ferae naturae ) alia sunt Regalia , alia Communia . And so Aquatilium alia sunt Regalia alia Communia . And as a Swan is a Royal Fowl , and all those the Property whereof is not known , do belong to the King : So Whales and Sturgeons , are Royal Fishes , and belong to the King ; But the Subject may have property in White Swans not marked , as in his own private Waters , And if they go out of those private Waters into Open and Common Rivers ; yet Eousque nostra intelliguntur quandin habuerunt animum revertendi .

The like are Cervi , Pavones , Columbae , & hujusmodi .

Resolved , That every one who hath Swans within his Manor ( that is to say ) within his private Waters hath a property in them : For a Writ of Trepass was brought of wroungful taking his Swans , scilicet , Quare Cygnos suos , &c. 2. One may prescribe to have a Game of Swans within his Manor , as well as to have a Warren or a Park . 3. He who hath such a Game of Swans , may prescribe that his Swans may Swim within the Manor of another . 4. A Swan may be an Estray , and so cannot any other Fowl , Coke's 7 Rep. 16. Case of Swans .

The Custom of the County of Bucks , is for him who hath property of Swans in the Thames to have two Cygnets , and Owner of the Land where the Swan buildeth , shall have one Cygnet .

If one ●ave a Cock and tother a Hen , the ●ygnets of them , shall be equally divided between them .

None can have a Swan-mark called Cygni-nota , but by Grant of the King , or of his Officers thereto authorised , or by Prescription ; and if a Man hath a Swan-mark , and hath Swans swimming in an open River , lawfully marked therewith , they belong to him ratione Privilegii , and he may grant such Swan-mark over : But if he hath not Five Marks per Annum , he forfeits his Swan-mark .

The King may grant Swans unmarked , and by consequence a Man may prescribe to have Swans unmarked in such a place .

In some Creatures which are ferae Naturae , a Man hath Jus Proprietatis , and in others , Jus Privilegii ; and there are three kinds of Property , 1. Absolute , 2. Qualified , 3. Possessory . Of all which you may read in Coke's 7 Rep. 16 to 18. Case of Swans .

By Stat. 22 Ed. 4.6 . None ( but the King's Son ) shall have any Mark or Game of Swans of his own , or to his use , except he hath Lands and Tenements of Freehold worth Five Marks per Annum besides Reprizes , in pain to have them seized by any having Lands of that Value , to be divided between the King and the Seizor .

See before in The King's Swanherd . Pag. 204.

To the King's Aulnager .

NOte , by Stat. 12 Ed. 3.3 . No Clothes made beyond Sea , shall be brought into the King's Dominions , on pain to forfeit the same , and to be further punished at the King 's Will .

By Stat. 11 Ed. 3.5 . Cloath workers of strange Lands , which come into the King's Dominions , shall have the King's Protection , dwell where they please , and have convenient Franchises granted unto them .

By Stat. 17 E. 3. Stat. 1.4 . Cloaths shall not be forfeit for want of Measure , but the Aulnager shall measure them , and fix a Mark thereunto , expressing what each Cloath contains .

By Stat. 3 R. 2.2 the Aulnager shall not seal a pieced Cloath , in pain that the Owner shall forfeit the Cloath , and the Aulnager his Office .

By Stat. 17 R. 2.2 . No Cloath shall be sold before it be measured and sealed by the Aulnager , upon the Pains contained in the Statutes thereof made .

By Stat. 4. H. 4.24 . the Aulnage may be let to Farm by Improvement , according to the Discretion of the Lord Treasurer and barons of the Exchequer , notwithstanding the Statute of 17 R. 2.

And much more of his Office , and Duty and Measuring , Regulating and making of Cloaths , &c. you may read in the many divers Statutes concerning the same . Vid. the Statutes concerning Drapery .

See before in the King's Aulnager . Page 205.

To the Court of the Sessions of the Peace .

A Justice of Peace may make a Warrant to bring the Party before himself , but if the Warrant be any Justice , then the Constable may carry the Party before whom he will , Coke's 5 Rep. 59. Foster's Case .

Where Stat. 8 H. 6. speaketh of Justices of Peace , Justices of King's-Bench are within the Statute , because they have the Sovereign and Supreme Authority in such Cases .

Stat. 5 H , 4. Enacts , That no Justice of Peace shall commit any to Prison , but only in the Common Goal , saving to Lords and others who have Goals , their Franchises in such Case : Therefore Justices of Peace offend in committing Felons , &c. to the Compters in London , Coke's 9 Rep. 118 , 119. Lord Sanchar's Case .

A Justice of Peace upon the View of the Force may commit , but he ought to make a Record of it , Coke's 8 Rep. 120. Dr. Bonham's Case .

Justices of Peace may commit Vagrants to Prison , if they will not serve ; and they may command the Goalers to set 'em at liberty without any other Writ , F. N. B. 374.

Justices of Peace shall be made of the most sufficient , by the Advice of the Chancellor and King's Council , without taking others dwelling in Foreign Counties , except Lords Justices of Assize , and the King 's Chief Steward of Dutchy Lands in North and South , St. 2 H. 5. Cap. 2.

18 H. 6. None , except Men Learned in the Law , or inhabiting Corporations , shall be Justices of peace , unless their Lands be worth 20 l. per Annum .

Justices in Middlesex not compellable to keep their Sessions more than twice in the Year , but may keep them oftner , Stat. 14 H. 6. Vid. the Statutes concerning Justices of Peace .

Sat. 5 & 6 W. & M. Certiorari to remove Indictments shall not be out of the King's Bench before Trial , and from before Justices of General or Quarter Sessions of Peace , unless upon Motion of Council and Rule in open Court , and the Party indicted find two Manucaptors before one or two of the Justices in the County in 20 l. to plead to the said Indictment in the King's Bench , and at their own Charges to procure the Issue joyned upon such Indictment to be tried at next Assizes after the Certiorari returnable : Or , if in London , Westminster , or Middlesex , then next Term , or Sitting after Term , unless the Justices appoint some other time , of which Notice must be given . Costs against the Prosecutor of the Certiorari , if he be Convicted . In Vacation time Writs of Certiorari shall be granted by any Justice of King's Bench , the Justice and Parties Name being indorsed , and finding Sureties .

If upon any Indictment for not repairing High-ways the Title may come in Question , upon Affidavit thereof a Certiorari may be granted to remove it into King's Bench upon Sureties found . Vid. Washington's Abridgment of Statutes , 152.

Justices of Peace shall deliver their Indictments to the Justices of Goal-Delivery ; And Justices of Goal-Delivery may take a Pannel of a Jury returned by the Sheriff , without making any Precept , which Justices of Oyer and Terminer ought to make . Coke's 4 Inst. 168.

For the Institution of Justices of the Peace , and their Duty and Authority , and of what they may inquire , See the Stat. 4 H. 7. and Coke's 4 Inst. 170 to 183.

Justices of Peace , Sheriffs in their Tourns , and Lords in their Leets , may enquire of false Weights and Measures , &c. Coke's 4 Inst. 273.

If the Commission of Sewers determine , the Justices of Peace have Power to execute for one year . Coke's 4. Inst. 276.

By Stat. 2 & 3 P. & M. 18. a new Commission of the Peace , or Goal-Delivery for the whole County , shall not be a Supersedeas , to a former like Commission granted to a City or Town-Corporate , being no County .

Those who desire to see more of their Institution , Jurisdiction and Authority , may read thereof more at large in Dalt . Just. Coke's 4 Inst. and other Authors who treat thereof , and in the Statutes at large .

See before in Court of the Sessions of the Peace , Page 210.

To the Court of the Tourne .

THIS Court of the Tourne is the King 's Leet through all the County , and the Sheriff is Judge . And whosoever hath a Leet , hath the same Authority within the Precinct , as the Sheriff hath within the Tourne .

From this Court are exempted only Archbishops , Bishops , Abbots , Priors , Earls , Barons , all Religious Men and Women , and all such as have Hundreds of their own to be kept , who are not bound to appear , except for some other Cause , but only in the Bailywicks where they dwell . Stat. Marleb. 10.25 H. 3.

By Stat. 31 Ed. 3. Sess. 1.15 . Every Sheriff shall hold his Tourne yearly , one time within the Month after Easter , and another time , within the Month after Michaelmas , on Pain to lose his Tourne for the Time .

This Court is appertaining and incident to the Office of the Sheriff , and ought not to be reserved therefrom , and the Sheriff is to appoint Clerks under him , in his Court , such as he will at his Peril answer for ; but he cannot prescribe to take any thing for the keeping of his Tourne , because he is an Officer removeable . And by Magna Charta Chap. 35. he is to keep his Tourne in the Hundred at the usual Place .

It was Enacted by Stat. 1 Ed. 4. That all Indictments and Presentments taken before the Sheriff in his Tourne , or County , shall be delivered to the Justices of the Peace at the next Sessions , in Pain of 40 l. who shall Arraign , Deliver , make Process , and proceed thereupon , as if they were taken before themselves , and shall deliver indented Estreats of the Fines to the Sheriff , to be levied to his own use . And here , if the Sheriff levy any Fine , or commit any to Prison , by colour of any such Indictment or Presentment , or otherwise than by Warrant from the Justices aforesaid , he shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act , nor such as have had Fines formerly granted unto them . Coke's 5 Rep. 112. Mallorie's Case .

But this extendeth only to Proceedings upon lawful and sufficient Indictments , and doth not make any insufficient Indictment good , Coke's 9 Rep. 26. Case of the Abbot of Strata Marcella .

See more in Court-Leet , County-Court , and Hundred-Court .

See before in The Court of the Tourne . Page 223.

To the Court-Leet , or View of Frankpledge .

BY Stat. de Visu Franc. 18 Ed. 2. before mentioned , and divers other Statutes , the Court of the Leet may enquire of several Offences ; and amongst the things whereof the Steward of the Leet hath Cognizance , and wherewith the Jury is to be charged , some are such as may be there enquired of , as High-Treason , Petit Treason , Felonies , Burglaries , Wilful Burners of Houses or Barns adjoyning thereunto , by Night ; or Stacks of Corn , Robbers of Churches and Chappels , Takers of Doves out of Dovehouses or young Pigeons , or Hawks out of their Nest in the Night , or Fishes out of Ponds , Stews or Trunks , in the Night , Stealers of Tame Deer , marked Swans , or Peacocks ; Breaking of Prison by Felons , Rescuers of Felons , and the like ; and their Accessaries before and after the Felony done . Of all which the Jury must make Presentment , and this Presentment is to be transmitted to Superior Courts , as to the Justices of Goal-Delivery , or Justices of Peace in their Sessions .

And other things whereof this Court hath perfect Cognizance , and that may be enquired of , and punished here in this Court , are , 1. By Common Law , as the Defaults of Officers and Suitors in doing their Suit to this Court ; as if any living within the Precinct of the Law-day , be not returned of the Decenary , or being returned , does not appear : Or , if any above Twelve years of Age have lived within the Leet , and had not taken the Oath of Allegiance , he was to have been presented here . And if any such Person had come to this Court , the Steward ought to have given him this Oath . If any Customs or Profits , as Treasure Trove , Waif , Estray , or Wreck be withheld from the Lord of the Leet ; or if any claim any Royal Franchise , or levy any new Franchise , or abuse any old Franchise within the Leet . All common and popular Nusances or Grievances done to the Kings Subjects , by Purprestures made in any Land , Wood or Water , by Walls , Hedges , Ditches , or Houses , made up or broken down , by straightning , turning , stopping , surrounding , or otherwise hurting the common Ways , Bridges or Waters ; by poisoning or corrupting the Air by laying of any Carrion or Filth , by selling of corrupt and unwholsom Provision , or by the breaking of the due Assize of Bread , Beer , &c. By Erecting Cottages , and suffering Inmates , by not scowring Ditches , or not repairing Highways and Bridges , and the like . And for all these , be the Offend or one Man , or a whole Parish , he or they may be Amerced ; and the Jury may order the Reforming of them under a Pain . And all great Affrays , Outcries and Bloodsheds , and such like popular Trespasses , which are Trespasses by the Common Law . Riots , Routs , and unlawful Assemblies at the Common Law , are punishable in this Court ; and for this the Offendors are to be Amerced according to Discretion ; but this must be reasonable , and the reasonableness tryable and avoidable by Plea or Judgment of the Court in which the Suit depends . Evil Members , and persons of ill Behaviour that are dangerous to the Neighbours , as Malefactors in Parks , such as take Doves by Engines , such as are common suspected Thieves , or that are the common Messengers of Thieves , the common Drunkards , the common Haunters of Alehouses or Taverns , not having whereon to live ; Nightwalkers and Day-sleepers , that live idlely , that have no Estate , yet fare well ; Eves-droppers , common Hedge-breakers , common Peace breakers , Railers and Sowers of Discord between Neighbours , Keepers or Haunters of Bawdy-houses , common Scolds , common Barretors , common Usurers , Innkeepers , who do commonly entertain Thieves and suspicious Persons , knowing or suspecting them to be so ; and such as do remove Bounds or Landmarks between Parishes , Hundreds or Counties , but not such as remove Bounds between Persons only . These last the Steward of this Court heretofore might have bound to the Peace or Good Behaviour , but at this day he can only by the Presentment of the Jury Amerce them , or make way to have them bound to their Good Behaviour by a Justice of Peace . Constables , Tythingmen , Haywards , Aleconners , Bailiffs , and such like Officers , which are chosen and sworn in this Court , if any such being chosen , refuse the Office , and to take the Oath , or accepting , doth not execute his Office duly , or misbehave himself therein , as if Constables and Tythingmen do not take care of Watch and Ward , keeping the Peace , raise Hue and Cry , and pursue it for the apprehending Felons , when any Felony is done , or raise Hue and Cry when none is done ; or do not punish Rogues and the like , or Tythingmen , Chief Pledges , Surveyors of High-ways , Searchers and Sealers of Leather , and such like Officers as do not their Duty . All that Rescue Persons or Things , taken in a course of Law ; as Rescuers of Persons Arrested ; or Goods or Cattel Distreined ; Pound-breakers and the like . The lack of Stocks , Pillory and Tumbrel , Cucking-stool , or Common Pound . All that use Deceit in Buying and Selling , that Sell false Wares for good , especially if it be that which is to be Eaten or Drunk ; That Sell by false Weights and Measures , Inn-keepers , Victuallers , Brewers , Bakers , Fishers , Poulterers , or Fishmongers , that Sell that which is unwholsome for Food , or Sell at unreasonable Prices ; Bakers and Brewers that do not keep the Assize of Bread and Beer , and Millers that take excessive Toll . Forestallers , Regrators and Ingrossers , may be punished in this Court by the Common Law . And Usurers as Enemies to Trading . But in these and such like Cases , the Penalty of the Statute cannot be Imposed ; for Stewards have no Power by the Statutes , but it is punished here as an Offence at the Common Law , before the Statute which doth remain still , and for these the Offender is to be amerced .

2. By Statute Law are punishable Tanners , Curriers , Shoomakers , Searchers and Sealers of Leather ; such as offend about Fish , Malt , Archery , Guns , Unlawful Games , Artificers and Labourers , Musters , Highways , Horses , Hostlers and Victuallers , about the price of Wine , Pheasants , Partridges , Tracers of Hares , Hunting in Corn , about Cottages and Inmates , about Drinking and Drunkenness , Watering of Hemp where Cattle Drink , about Rogues , Crows , &c. Of all these and some others , this Court may Inquire by Authority of divers Acts of Parliament ; for all which see Shepheard's Court-keepers Guide , Coke's 4 Inst. and other Authors , and the Statutes at large .

The Articles to be enquired of by the Leet , by 18 Ed. 2. were inquirable therein by the Common Law .

This Court cannot take Indictments of any Felony , for the death of a Man , or in any other case where it hath not Cognizance ; And if it do it is void , and it seems the Judge may be punished for it ; Neither can it take a Presentment of an offence done against a Parish , or against a Man . The like of Presentments of any thing , which is not within the Jurisdiction of the Court.

The Jury in this Court may make By-Laws , and enquire of the breach of them , as they have been used to do . And for Cawseys , High-ways and Bridges , the greater part may bind the rest without consent , 44 Ed. 3.19 .

But no By-Law can be made to Imprison Refusers ; but Distress , and Action of Debt in this Case , is the proper Remedy for a Penalty Imposed , or Breach of a By-Law , Coke's 5 Rep. 64. Shepheard's Court-keepers Guide , cap. 39.

The manner of Summoning this Court , Proceeding therein , and Adjournment , and Discharging thereof , you may see in Kitchins Court Leet , Shepheard's Court-keepers Guide and other Authors .

Visus Franc' Pleg' i. e. Libere Fide jussores , was instituted for the keeping of the King's Peace , that every Freeman at his Age of 12 years , should in the Leet ( if he were in any ) or in the Tourn take the Oath of Allegiance to the King , and that Pledges or Sureties should be found , for his Truth to the King , and to all his People , or else to be kept in Prison : This Frank-pledge consisted most commonly of ten Housholds , which the Saxons called Theothung ; in the North parts they call him Tenementale , in other places of England Tything , whereof the Masters of the Nine Families who were bound , were of the Saxons called Freeborgh , which in some places is to this day called Freebarow , i. e. Free Surety , or Frank-pledge . And the Master of the 10th Houshold , was by the Saxons called by divers Names , viz. Theothungmon , to this day in the West called Tythingman and Tihenheofod , and Freoborher i. e. Capitalis plegius , chief Pledge ; and these ▪ Ten Masters of Families , were bound one for anothers Family , that each Man of their several Families should stand to the Law , or if he were not forth coming , that they should answer for the Injury or Offence by him Committed , De eo autem qui fugam ceperit , Diligenter inquirend' si fuerit in Franco Plegio , & Decenna , tunc erit Decenna in misericordia coram Justiciarijs nostris , quia non habent ipsum Malefactorem ad rectum , Bracton Lib. 3. Fo. 124.

Hereby it appeareth , That the Precinct of this Frank-pledge was called Decenna , because it consisted most commonly ( as hath been said ) of Ten Housholds , and every Man of these several Housholds , for whom the Pledge or Surety are taken were called Decennarij , because every particular Person in the Kingdom was of one Decenna or other , which names are continued as Shadows of Antiquity to this day ; Ordeine fuit ancientment , que nul ne demurrast en le Realm , sil ne fuit en dizein & plevy de Frank hommes , appent aux vise de viewer un fois per an' Frank Pledges & les Plevys , &c.

By the due Execution of this Law , such Peace was Universally holden within this Realm , as no Injuries , Homicides , Robberies , Thefts , Riots , Tumul●s , or other Offences were Committed ; so as a Man with a White Wand , might before the Conquest safely have Ridden with much Money about him , throughout England without any Weapon , Coke's 2 Inst. 73.

In the Leet or Tourn , the Suitors might be compelled to be Sworn as well for the King , as between Party and Party ; for they are not Liberae tenentes in respect of Tenure , but do their Suit in respect of Resiance ; Also the Leets and Tourns are the Courts of the King , and of Record , and the Court Baron , and Hundred Court of other Lords , are not Courts of Record , Coke's 2 Inst. 143.

The Oath of Allegiance then and there taken to the King is thus expressed by Britton cap. 12. Voillons nous que trestouts ceux de 12 ans , desouth nous facent le serement que ils serr' Foial & Loial , & que ils ne serr' Felons ne aux felonies assentaunts . And in cap. 24. to this effect ; You shall Swear , That from this day forward you shall be True and Faithful to our Sovereign Lord King E. and his Heirs , and Truth and Faith shall bear of Life and Member , and Terrene Honour , and you shall neither know nor hear of any Ill or Damage intended unto him , that you shall not Defend . So help you Almighty God , Et les Seints .

But this is now obsolete , being altered by several Statutes . See Coke's Rep. Calvin's Case .

The Court of the Tourn of the County , and of the Leet or View of Frankpledge are very Ancient ; for of the Tourn you may Read among the Laws of King Ed. Statutum est quod ibi ( scil' apud le Folkmote ) debent populi omnes , &c. convenire , & se Fide & Sacramento non fracto ibi in unum , & simul confederare , &c. ad defendendum Regnum , &c. Una cum Domino suo Rege , & Terras suas , & honores illius omni fidelitate cum eo servare & quod illi , ut Domino suo Regi intra , & extra Regnum vniversum Britanniae fideles esse velint , &c. Hanc Legem invenit Arthurus ( qui quondam fuit inclytissimus Rex Britonum ) & ita consolidavit & confederavit Regnum Britanniae universum semper in unum : Hujus Legis Authoritate , expulit Arthurus praed' Saracenos & inimicos à Regno ; Lex enim ista diu sopita fuit , donec Edgarus Rex Anglorum , qui fuit avus Edwardi Regis , illam excitavit , & erexit in Lucem & per totum Regnum firmiter observari praecepit : Et hujus Legis Authoritate Rex Etheldred ' subito uno & eodem die per universum Regnum Danos occidit .

And because this Court , or View of Frankpledge or Leet , was by the King divided and derived from the Tourn , and granted to the Lords to have the view of the Tenants , and Resiants within their Manor , &c. so as they should have the same Justice , as they had before in the Tourn , without any charge or loss of Time ; from thence came the Duty in many Leets to the Lord de Certo Lete , towards the charge of obtaining the Grant of the said Leet .

So likewise , and for the same Reason were Hundreds , and Hundred Courts divided and derived from the County Courts ; and this the King might do , for the Tourn and Leet , are both the King's Courts of Record : And as the King may Grant a Man to have Power Tenere placita , within a certain Precinct , and before certain Judges , and in a manner Exempt it from the Jurisdiction of his Higher Courts of Justice , so might he do in Case of the Tourn , and Hundred Courts ; So as the Courts and Judges may be changed , but the Laws and Customs , whereby the Courts proceed , cannot be altered . And as the County Court , and Hundred Court are of one Jurisdiction ; so the Tourn , and Leet be also of one and the same Jurisdiction : For Derivativa potestas est ejusdem jurisdictionis cum Primitiva .

But both of the Tourn and the Leet this may be truly said ,

Tempora mutantur , & nos mutamur in illis . Quodque vera institutio istius Curiae evanuit , & velut umbra ejusdem adhuc remanet : Habemus quidem Senatus consultum , sed in Tabulis repositum , & tanquam Gladium in Vagina reconditum , Coke's 2 Inst. cap. 35.

Of Hue and Cry , One being an Expression of the other , for Huer in French ( unde Hutesium ) is to Hoot or Shout , in English to Cry : There be two kinds , one by Common Law , or for the King , as when any Felony is Committed , or any Person Dangerously Wounded or Assaulted , and offered to be robbed either in Day or Night ; The Party grieved , or any other may resort to the Constable of the Town , and acquaint him with the Causes describing the Party , and telling him which way the Offendor is gone , and require him to raise Hue and Cry ; And the Duty of the Constable is to raise the Power of the Town , as well in the Night as in the Day , for the Prosecution of the Offendor ; and if he be not found there , to give the next Constable warning , and he the next until the Offendor be found , and this was the Law before the Conquest .

The Life of Hue and Cry is fresh Suit .

Thamar , The Daughter of King David being violenty Ravished by her Brother Amon , The Text saith of her , Quae aspergens cinerem capiti suo , Scissa talari tunica , impositisque manibus super caput suum , ibat ingrediens , & clamans . 2 Regum , cap. 13. Vers. 19.

Hue and Cry by force of Acts of Parliament is in divers Cases ; As if a Watchman doth Arrest a Night-walker , and he disobey and fly , the Watchman may make Hue and Cry . 2. Si quis . Forestarius , Parcarius , aut Warrenarius in balliva sua Malefactores aliquos invenerit vagrantes ad damnum ibidem faciendum , &c. 3. If Welshmen Outlawed or Indicted of Treason or Felony , fly into Herefordshire , they shall be apprehended , &c. or else pursued by Hue and Cry , and Forfeiture upon those that do not pursue . 4. Hue and Cry shall be levied upon takers of Carriage within the Verge of the Staple , of that which pertaineth to the Staple . 5. Where a Man is Robbed ; Upon Hue and Cry , &c. What remedy he shall have against the Hundred , &c. And how , and in what manner the Hue and Cry shall be made in that Case , See the Statutes and Coke's 7 Rep. fol. 6 & 7. And this Robbery must be done in the Day time , and not in the Night ; otherwise , the Party grieved shall not have his Action : So note , a diversity between a Hue and Cry at Common Law , or for the King ; And a Hue and Cry by Statute , where the Party grieved is to have his remedy by private Action . Note , Also a Diversity in the Prosecution at the Common Law , or for the King , and by the Statutes which give the Party remedy ; for a Prosecution to the next Constable is good by the Common Law ; but so it is not by the said Statutes , which give the Party grieved his Action , Coke's 7 Report , fo. 7 & 8. Milbourn's Case .

So the Prosecution at the Common Law , is a good excuse upon an Indictment at the King's Suit ; But note , That it is no Bar to the Parties Action .

Where Hue and Cry either by the Common Law , or by force of any Statute , is Levied upon any Person , the Arrest of such Person is lawful , altho' the Cause of the Hue and Cry be feign'd , and if the Cause be feign'd , he that Levied the same shall also be Arrested , and shall be Fined and Imprisoned . But common Fame and Voice is not sufficient to Arrest a Man in Case of Felony , unless a Felony be done indeed .

Mandatum est Gulielmo de Haverbul Thesaurario Regis , quod Civitatem Lond' capiat in manum Regis , eo quod Cives ejusdem Civitatis non levaverunt Hutesium & Clamorem pro morte Magistri Guidonis de Arterio & aliorum inter fectorum secundum legem & consuetudinem Regni . Teste Rege apud Woodstock , 22 die Augusti , 30 Hen. 3. Coke's 3 Inst. cap. 52 ▪

Hue and Cry hath been used in some Cases by the Ancient Laws of this Realm : For the Author of the Mirror Writing of the Ancient Laws before the Conquest , under the Title Des Articles des viels Roys ordeins , saith , Ordeine fuit que chescun del Age de xiv . ans , & oustre de mortels pecheors ensuivre de Ville , & Ville a Hue & Cry .

Et inter Leges Regis Canuti ; Si quit Latroni obviam dederit , eumque nullo edito clamore abire permiserit , quanticùnque fuerit Latronis vita aestimata , extremum solvat denariolum , aut pleno & perfecto jurejurando de facinore nihil habuisse cogniti confirmato . Sin quis proclamantem audierit , neque vero fuerit insecutus , suae in Regem contumaciae , ( ni omnem criminis suspicionem diluerit ) poenas dato .

Bracton , of Hue and Cry , saith , Statim & recenter investiganda sunt vestigia Malefactorum , & sequenda per ductum carectae , passus equorum & vestigia hominum , & alio modo , secundum quod consultius & melius fieri possit .

And in legal understanding Hue and Cry is all one . In Ancient Records they are called Hutesium & Clamor , and may be by Horn , and by Voice , Avec Hue & Cry de Corne & de Bouche . And by Stat. Westm. 1. Cap. 9. it is called Crie de pais , or Cry of the Countrey . And he that goeth not at the Commandment of the Sheriff or Constable at the Cry of the Countrey , shall be grievously fined and imprisoned .

And divers Acts of Parliament have been since made concerning ▪ Hue and Cry , as the Stat. De Officio Coronatoris , where it is said , Et omnes sequantur Hutesium & vestigium , si fieri potest ; & qui non fecerit , & super hoc convictus fuerit , attachietur , quod sit coram Justiciariis de Gaola , &c. 28 Ed. 3. & 27 Eliz. Coke's 2 Inst. fol. 172 , 173.

By Stat. Westm . 2. Cap. 13. Indictments in Tourns ought to be found by Twelve at the least , and the Jurors to put their Seals to the Inquisitions or Indictments .

And by Stat. 1 Ed. 3. these Indictments are to be by a Roll indented , whereof one part is to remain with the Indictors , and the other part with him that takes the Inquest .

And this Act doth extend to Presentments of Indictments , not only in Tourns , but in Leets also , and the like , of what Quality , Ability and Livelihood Indictors in Tourns and Leets ought to be , See the Statute of 1 R. 3. Cap. 4.

But now by Stat. 1 E. 4. the Power of Sheriffs is taken away , save only to take Presentments and Indictments , and deliver the same to the Justices of the Peace at the next Sessions , as before is mentioned , Coke's 2 Inst. 387 , 388.

In ancient time the King's Courts , and especially the Leets , had power to inquire of , and punish Fornication and Adultery , by the Name of Letherwite , and it appeareth often in the Book of Doomsday , That the King had the Fines assessed for those Offences , which were assessed in the King's Courts , and could not be inflicted in Curia Christianitatis .

Concerning Letters Patent granted for Searching or Surveying of Wine , Ale , Beer , or other Victual , and concerning the well making of Malt , packing of Hops , garbling of Spices , Drugs , &c. you may read more at large in Coke's 4th . Inst. Cap. 54. and Statutes there mentioned .

The Constables or Petti constables are chosen by the Common Law at the Leet or Tourn , and are by the Common Law Conservators of the Peace , and may take Surety of the Peace by Obligation , and are as ancient as Tourns or Leets be . Coke's 4 Inst. Cap. 54.

It appeareth by Stat. 18 Ed. 2. before mentioned , That it ought to be enquired at the Leet , if all the Chief Pledges with their Decenners ( that is , the other Nine ) appear ; by which it appears , That the tenth Principal Man was the Chief Pledge .

And the Word Decenners is the same with the Ancient Doziniers , as you may see more fully in Coke's 6 Rep. 77 , 78. Bullen's Case .

See more in the Court of the Tourn , and after in the County Court and Hundred Court .

See before in the Court Leet . Page 224.

To the County Court .

AMong the Laws of St. Edward the Confessor , it is thus recorded , Verum quod modo vocatur Comitatus olim apud Britones temporibus Romanorum in Regno isto Britanniae vocabatur Consulatus , & qui modo vocantur Vicecomites tunc temporis , Vice-consules vocabantur ; ille vero dicebatur Vice-consul , qui Consule absente , ipsius vice supplebat in Jure & in Foro. Wherein may be observed , That the Romans called Consulatum , which we now call Comitatum , and Consul , what the Saxons afterwards called Shireve , a Word compounded of two Saxon Words , viz. Shire and Reve , Shire , Satrapia or Comitatus , coming of the Saxon Verb Siram , i. e. partiri , for that the whole Realm is parted , and divided into Shires . And this Shireve being Deputy of the Consul or Earl , was therefore by the Romans called Vice-Consul , as we at this day call him Vice-comes , i. e. Vice-comitis , that is , instead of the Earl of that County , who in ancient time had the Regiment of the County under the King . For it is said in the Mirror Cap. 1. Sect. 3. That the Earls of the Counties had the Custody and Guard of the Counties ; and when the Earls left their Custodies or Guards , then was the Custody of Counties committed to Viscounts , who therefore are called Vicecomites . And whom the Romans called Senatores , the Saxons sometimes , and we now call Aeldermen , or Earls ; Non proper aetatem , sed propter sapientiam & dignitatem , cum quidam adolescentes essent , jurisperiti tamen , & super hoc experti .

The Shireve is called Praefectus , because he is the Chief Officer to the King within the Shire ; for the Words of his Patent be , Comisimus vobis custodiam Comitatus nostri de , &c. And he hath triplicem Custodiam , viz. 1. Vitae Justitiae , for no Suit begins , and no Process is served but by the Sheriff . Also he is to return indifferent Juries for the Tryal of Mens Lives , Liberties , Lands , Goods , &c. 2. Vitae Legis , he is , after long Suits and chargeable , to make Execution , which is the Life and Fruit of the Law . 3. Vitae Reipublicae , he is Principalis Conservator pacis , within the County .

Marculphus saith , This Office is Judiciaria dignitas ; Lampridius , That it is Officium digniatatis . And Fortescue , Cap. 24. saith , Quod Vicecomes est nobilis Officiarius , and is thus chosen : Every year the Morrow after All Souls Day , all the King's Councellors meet together in the King's Exchequer , as well the Lords Spiritual and Temporal , as all other Justices , all the Barons of the Exchequer , the Master of the Rolls , and certain other Officers , where all these with one common Assent do name of every County Three Knights or Esquires , whom among other of the same County they take to be of good Disposition and Fame , and best disposed to the Office of Sheriff of that County : Of the which Three the King chuseth one , whom by his Letters Patent he appointeth Sheriff of the County that he is chosen of , for the year then following ; but he , before he receive his Patent , shall swear upon the Holy Gospel , among other Articles , That he shall well and faithfully and indifferently exercise and do his Office all that year ; and that he shall receive or take nothing of any other Man than the King , by colour , or mean of his Office .

In the Romans time , and before , he was a Minister to the King's Courts of Law and Justice , and had then a Court of his own , which was the County Court , then called Curia Consulatus , as appears by these Words , Ipsius vices supplebat in Jure & in Foro.

This Realm being divided into Shires and Counties , and those Shires into Cities , Boroughs and Towns , by the Britons ; King Alfred's Division of Shires and Counties , being but a Renovation , or more exact Description of the same .

The Sheriff is Balivus , and his County called Baliva , which is thus derived :

Bailiff is a French word , and signifies an Officer concerning the Administration of Justice of a certain Province ; and because a Sheriff hath an Office concerning the Administration of Justice within his County or Bailywick , therefore he calleth his County Baliva sua .

For Example , When he cannot find the Defendant , &c. he returneth , Non est inventus in Baliva mea .

In the Statute of Magna Charta , Cap. 8. some hold , that Balivus signifieth any Judge . And in 10th . of Hen. 4. it is holden , That Bailie le Roy is understood Justice le Roy : And in the Mirror it is holden , That the Stature doth extend to every Justice , Minister of the King , Steward , &c. and all comprehended under this Word Bailiff , Coke's 1 ▪ Inst. 168. a. b.

Curia Comitatus , in Saxon , Scypegemoce , i. e. Comitatus Conventus , ejus duo sunt genera , quorum alterum hodie le Countie Court , alterum le Tourn del Viscount , olim Folkmore vulgo nuncupatur : So as many times Turn' Vicecomit is is expressed under the name of Curia Comitatus , because it extended through the whole County ; and therefore in the Red Book of the Exchequer , amongst the Laws of King H. 1. Cap. 8. De Generalibus Placitis Comitatuum , it is thus contained , viz.

Sicut antiqua fuerat institutione formatum , salutari Regis Imperio vera est recordatione firmatum Generalia Comitatuum Placita certis locis & vicibus , & definito tempore per singulas anni provincias convenire debere , nec ullis ultra fatigationibus agitari , nisi propria Legis necessitas , vel commune Regni commodum saepius adjiciant . Intersint autem Episcopi , Comites , Vicedomini , Vicarii , Centenarii , Aldermanni , Praefecti , Praepositi , Barones , Vavassores , Tingrevii , & caeteri terrarum Domini diligenter intendentes , ne malorum impunitas , aut gravionum pravitas , vel judicum subversio solita miseros laceratione confiniant : Agantur itaque primo , debita verae Christianitatis jura ; secundo , Regis placita , postremo , causae singulorum , &c. Debet enim Sherysmote ( i.e. The Sheriff's Tourn ) bis ; Hundreda & Wapentachia , ( i.e. The County Courts ) duodecies in anno congregari .

By the Laws of King Edward before the Conquest , the first which succeeded King Alured , it is thus Enacted , Praepositus quisque , 1. Vicecomes , Saxonice Geresa , Anglice Sheriff , ad quartam circiter septimanam frequentem populi concionem celebrato , cuique jus dicito aequabile , litesque singulas cum dies condicti adveniant dirimito .

Hereby it appeareth , that common Pleas between Party and Party were holden in the County Court every Month , which agreeth with Magna Charta and other Statutes , and continueth at this day .

And by Stat. 2 E. 6. Cap. 25. It is provided that no County Court shall be longer deferred than one Month from Court to Court , Coke's 2 Inst. 69 , 70 , 71.

In the County Court , though the Plea be holden therein by a Justicies , the King 's Writ , yet it is no Court of Record , for of a Judgment therein , there lieth a Writ of false Judgment , and not a Writ of Error , Coke's 2 Inst. 140.

By Stat. Gloucester , cap. 8. Purview est ensement , que les Visconts pled' en Counties les Plees de Trespasse , auxy come ils soilent estre Pledes . Et que nul neit desormes Briefs de Trespass devant Justices , sil ne affirm per foy , que le biens emportes vailent 40 s. al meins , &c.

En Countie Courts is there put for an Example , for the Hundred Court and the Court Baron being no Courts of Record , are also within this Law .

Writs of Trespass are there put also for an Example , for Debt , Detinue , Covenant , and the like . But if the Trespass be Vi & Armis , where the King upon the Conviction of the Defendant , shall have a Fine , there the Sheriff in his County cannot hold Plea of it ; for no Court can assess a Fine , but a Court of Record , because a Capias to take the Body is incident to it : For it is a Rule in Law , Quod placita de transgressione contra pacem Regis in Regno Angliae vi & armis factis secundum legem & consuetudinem Angliae , sine Brevi Regis placitari non debent .

Neither shall he hold Plea of Trespass for taking away of Charters concerning Inheritance or Freehold ; for it is a Maxim in Law , Quod Placita concernent' Chart' , seu script' liberum tenementum● tangentia in aliquibus Curiis quae recordum non habent secundum legem & consuetudinem Regni Angliae sine Brevi Regis placitari non debent .

And as inferiour Courts which are not of Record regularly cannot hold Plea of Debt , &c. or Damages but under 40 s. so the Superiour Courts that are of or Damages regularly , unless the Sum amount to 40 s. or above . Ne dignitas Curiarum illarum vilesceret , & ne materiam superaret opus .

Now as the Superiour Courts ought not to incroach upon the Inferiour , so the Inferiour Courts ought not to defraud the Superiour Courts of those Causes that belong to them . For Example , If in the County Court , or other Inferiour Courts they shall divide a Debt of 20 l. into several Pleints under 40 s. in this case the Defendant may plead the same to the Jurisdiction of the Court , or may have a prohibition to stay that indirect Suit ; for as an ancient Record saith , Contra jus commune est , petere integrum Debitum excedens summam 40 s. per diversas querelas , per parcellas , scilicet 39 s. 11 d. ob . q.

The Maxim of the Common Law is , Quod placita de catallis , debitis , &c. quae summam 40 s. attingunt , vel eam excedunt , secundum legem & consuctudinem Angliae sine Brevi Regis placitari nondebent :

And these Words , sine Brevi Regis , are material Words ; for by the King 's Writ , the Sheriff in the Country Court may hold Plea of Goods , debt , &c. above the Value of 40 s. and by force of the King 's Writ of Justicies , he may hold Plea of an Obligation of what Sum soever ; For Example , of 1000 Marks , the which Writ is in the nature of a Commission to the Sheriff to hold Plea of Debt above 40 s. The words of which Writ are , Rex Vicecom' , salutem : Praecipimus tibi quod Justicies , A. quod juste & sine dilatione reddat B. mille Marcas , quas ei debet , ut dicit , &c. ne amplius inde clamorem audiamus pro defectu Justiciae . By force of which Writ he may hold Plea of the same , and the Process therein is Attachment by his Goods , &c. but no Capias , and altho' the Power of the Court by this Writ is in this particular inlarged , and the Words of the Writ to the Sheriff are quod Justicies , &c. Yet is not the Jurisdiction of the Court as concerning the Judicature thereof altered , for those Words of the Writ do not , nor can make the Sheriff Judge of that Court , in that particular Case , for that were to alter the Juristiction and Judicature of the Court , whereof by the Common Law the Suitors be Judges , which cannot be altered but by Act of Parliament : The Plaintiff may remove this Plea without Cause shewed , but the Defendant cannot without shewing of Cause .

Also by force of a Justicies to the Sheriff , he may hold Plea of a Trespass Vi & Armis . See the Register and F. N. B. divers forms of Writs of Justicies in many Actions .

The Sheriff may also hold Plea in a Replevin of Goods and Chattels , above the value of 40 s. For if it be by Writ the Words of the Writ be Rex Vicecom ' &c. Praecipimus tibi quod juste , & sine dilatione replegiari facias B. averi● sua , Or Bona & Catalla sua , quae D. cepit & injuste detinet , ut dicit , &c. ne amplius inde clamorem audiamus pro defect● Justiciae . By force of which Writ which is in nature of a Commission , the Sheriff may deliver the Beasts , or Goods and Chattels of what Value soever . And if the Replevin be by Plaint in the County Court , the Sheriff by the Statute of Marlebridge , may hold Plea of what Value soever .

The like Writs in the nature of a Commission directed to Sheriffs , are the Admeasurement of Pasture , Recaption , Nativo habendo , and many others .

The said Words Vailent 40 s. al meins , have received this Construction , that the same must so appear to be of Value in the Plaintiffs Count ; for it is not sufficient that it appears by Verdict the Sum is under 40 s. For Example , if the Plaintiff count in Trespass , Debt , Detinue , Covenant , &c. to the damage of 40 s. and the Jury find the Damages under 40 s. yet the Plaintiff shall have no Judgment , albeit in truth the Case de jure belong'd to the Inferior Courts .

And it appeareth by this Act , that the County Court hath no Jurisdiction to hold Plea de Plagis & Maihemiis , of Wounds and Maihems ; but those Pleas must be determined in the King 's Higher Courts ; but of Battery ( without wounding or maihming ) this Act proveth that the Country Court hath Jurisdiction .

Albeit this Statute speaketh only of the Execution of the Body , yet might he have had at the making of this Act a Fieri Fac ' , and afterwards by the Stat. W. cap. 45. he may have an Elegit , for this Branch being in the Affirmative , doth not restrain the Plaintiff to take any other Remedy , Coke's 2 Inst. 311 , 312 , and 313.

In all Writs directed to Sheriffs concerning the County Court , the King saith , In Comitatu suo ; and in all Returns of Exigents made by him , he saith , Ad Comitatum meum tentum , &c. and the Stile of the Court proveth the same also . And by Stat. 33. H. 8. cap. 13. it is provided , That the Sheriff of Denbigh shall keep his Shire-Court at the Shire-Hall in the said County , &c. by which ( as by many other Parliaments it appeareth ) That the County or Shire Court , is the Court of the Sheriff , altho' the Suitors be there Judges in some Cases .

And as the Custody of the Entries and Rolls thereof do belong to the Office of the Sheriff , he shall answer for them as immediate Officer to the Court. And therefore the Sheriff shall appoint Clerks under him in his County Court , for whom he shall answer at his Peril . The same Law is of the Sheriffs Tourne , Coke's 4 Rep. 191. Mitton's Case .

Resolved , That if the Plea be holden by Writ or without Writ , the Suitors are Judges . The Reason why the Writ is directed to the Lord or Sheriff , is because the Court Baron is the Lord's Court , and the County Court is the Sheriff's Court. And in case they hold Plea by force of the King 's Writ , it doth not change the Nature and Jurisdiction of the Court. For as these without Writs are not Courts of Record , so when the Plea is holden by Writ , the Courts are of the same Nature . For upon a Judgment given in both Cases , a Writ of false Judgment lieth , and not a Writ of Error . But it is true the King may create a new Court , and appoint new Judges in it ; but after the Court is established and created , the Judges of the Court ought to determine Matters in the Court. And therefore neither the Lords of Ancient Demesne , nor the Court Baron , nor the Sheriff in the County Court , when the Plea is holden by Writ of Right , Justicies , Admeasurement , &c. are Judges ; but the Suitors , who by the Common Law are the Judges of the Court . But in some Cases the Sheriff is made Judge by Parliament , as in the Redisseisin by the Stat. of Merton , cap. 3. And all his proceeding by force of that Act , is of Record ; and a Writ of Error doth lie of a Judgment given against him , Coke's 6 Rep. 11 , 12. Jentleman's Case .

In some Actions the Defendant shall be fined in one Court , and but amerced in another , and yet the Offence shall be all one , as in a Writ of Recaption , if it be brought in the Common Pleas , and Judgment be there given , the Defendant shall be fined and imprisoned . But if the Writ be brought in the County Court , and the Defendant be convict before the Sheriff in the County , the Judgment shall not be , Quod capiatur , quia nulla Curia , quae Recordum non habet , potest imponere finem , neque aliquem mandare carceri , quia ista spectant tantummodo ad Curias de Recordo ; and therefore in such cases he shall be only amerced , Coke's 8 Rep. 60. Beecher's Case .

By Stat. W. 1.33 . 3 E. 1. No Sheriff shall suffer Barretors , or Maintainers of Quarrels , or Stewards of great Lords , or other ( unless Attorney for his Lord ) to make Suit , or to give Judgment in the Counties , or to pronounce them , if he be not required so to do by all the Suitors , and Attorneys of the Suitors there present , in Pain that both the Sheriff and they shall be grievously punished by the King .

By Stat. 19 H. 7.24 . the Shire Court for Sussex shall be holden , one time at Chichester , and the next at Lewis , alternis vicibus , in pain , that the Court otherwise kept , and the things therein transacted , shall be void .

By Stat. 2 , 3 E. 6.25 . County Courts shall be adjourned from Month to Month and no longer .

The Sheriff of Northumberland shall keep his County Court at Alnwicke , and not elsewhere , Stat. 2 , 3 E. 6.25 .

This Court is incident to the Office of Sheriff , and cannot be divided from it by Letters Patent , or otherwise , but by Act of Parliament , Coke's 4 Rep. 33. Mitton's Case .

See the Court of the Tourn , and the Court Leet , and after in the Court of the Hundred , and Court Baron .

See before in The County Court , Page 228.

To the Court of the Hundred .

AFter King Alfred had divided the Realm into Shires , called so from the Saxon Scyran , signifying to cut , he divided the Shires into smaller Parts called Lathes , of the Word Gelathian , which is to Assemble together ; Others , Tythings , because there were in each of them Ten Persons , whereof each one was Surety or Pledge for the others good a bearing ; Others , Hundreds , because they contained Jurisdiction over one Hundred Men or Pledges dwelling in Two , Three or more Parishes , Boroughs or Towns , in which he appointed Administration of Justice severally among them of the same Hundred .

In Stat. of Marlebridge cap. 11. hundredum is taken pro Visu Franci Plegii , so as the Sense is , That he who hath Tenements in the Town , and in some other View of Frankpledge of some other Lord , or in divers Views of Frankpledge he shall not need to come to any other , but where he is conversant , and Hundreds there are named , because Sheriffs keep their Tourns in every Hundred .

If a Man hath a House and Family in two Leets , he shall be taken to be conversant where his Bed is .

If a man hath a House and Family in Two Hundreds , yet he shall do his Suit to the Tourn or Leet where his Person is commorant , Coke's 2. Inst. 122.

A Man may have a Writ to the Sheriff for discharging him from coming to the Sheriff's Tourn , or Hundred , or Leet , or other Place , than in the Leet or Precinct of the Hundred where he dwelleth ; and if the Sheriff distrain him to come contrary to the Statute of Marlebridge , cap. 10. and a Writ be delivered to him , he shall have an Attachment against the Sheriff .

All the Tenants in Ancient Demesne may have this Writ : And if a Man be distrained to do Suit twice in the Year appertaining to the Leet , he shall have a Writ upon Magna Charta , but it is otherwise of the Hundred , because Suit is there from There Weeks to Three Weeks , Vide F. N. B. 356 , to 360.

Articuli super Chartas , 28 E. 1. Bailywicks and Hundreds shall not be let to Farm at over-great Sums whereby the People may be over-charged to make Contributions to such Farms . See the Statute , and in Court of the Leet and County Court .

See before in The Court of the Hundred , Pag. 233.

To Court Baron .

THE Court Baron is so called because amongst the Laws of King Edward the Confessor , it is said , Barones vero qui suam habent Curiam de suis hominibus , &c. taking his Name of the baron who was Lord of the Manor , or for that properly in the Eye of the Law , it hath relation to the Freeholders , who are Judges of the Court. And in Ancient Charters and Records the Barons of London , and the Barons of the Cinque-Ports signifie the Freemen of London , and of the Cinque-Ports , Coke's 1 Inst. 58. a.

The Lord of a Manor that hath a Court Baron of common Right , and by Course of Law , all Pleas therein are determinable by Wager of Law , and yet by Prescription the Lord may prescribe to determine them by Jury .

In a Writ of Right Patent directed to the Lord of the Manor , Plea shall be holden of Freehold , and the Court in that Case may give an Oath ; for there is the King 's Writ of Praecipe quod reddat , Coke's 2 Inst. 143.

Before the Statute of Marlebridge , cap. 22. Lords would distrain their Free Tenants to come and shew their Deeds , especially the Original Deed whereby they might know , by what Rent and Services the Tenancy was held of them , and obliquely many times perusing the Deeds ( which are the Secrets and Sinews of a Man's Land ) brought in question the Title of the Freehold it self . Another Mischief was , That the Lords of Court Barons , Hundreds , &c. where the Suitors were Judges , would constrain them to swear between Party and Party ; both which Mischiefs are taken away by the said Statute , Coke's 2 Inst. 142.

Fines for Beaupleader are yet paid in some Court Barons , Coke's 2 Inst. 123.

Copyhold Lands cannot be transferred but by Surrender into the Hands of the Lord , according to the Custom of the Manor , Coke's 4 Rep. 25. Copy-hold Cases .

Severance by the Lord ; shall not destroy the Estate of the Freeholder , ibidem .

The Grantee having but one single Copyhold , cannot hold Court , Coke's 5 ▪ Rep. 27. Copyhold Cases .

Underwood and Herbage may by Custom be granted by Copy . And when a Copyholder shall alledge Custom , and when and how he ought to prescribe , See Coke's 4 Rep. 31 , 32. Copyhold Cases .

The Attorney in surrendring a Copyhold , ought to pursue the Custom strictly , Coke's 4 Rep. 76. Comb's Case .

No Steward or Deputy-Steward of any Leet or Court Baron shall make Benefit to the Value of 12 d. or more , by colour of any Grant made of the Profits of such Court , in Pain to be disabled to be Steward in any Court , and to forfeit 40 l. between King and Prosecutor , Stat. 1 Jac. 1.5 .

Of the Diversity of Customs of Manors , and other Matters concerning this Court , you may read at large in Coke's 4 Rep. Copyhold Cases , Shepherd's Court-keeper's Guide , and others .

If a customary Tenant , who is out of the Realm , shall not be bound by Nonclaim upon a Fine which is a matter of Record , à fortiori , he shall not be bound by Nonclaim upon a Descent , which is a Matter in Fact , Coke's 8 Rep. Sir Richard Letchford's Case .

See before in The Court Baron , Page 235.

To the Court of the Coroner .

STat. 3 H. 7. gives the Coroner a Fee of Thirteen Shillings and Four Pence super visum corporis of the Goods of the Murderer , Coke's 2 Inst. 176. See in County Court .

See before in Court of the Coroner , Page 237.

To the Court of Escheator .

BY Stat. W. 1. cap. 24. No Seisure can be made of Lands or Tenements into the King's Hands , before Office found ; But if the Sheriff seise Lands by Commandment of the Justices , then is the Sheriff excused , tho' the Justices therein did Err ; and if he did of his own Head , then had the Party Remedy by Assize against the Sheriff , and therefore the Party was required to sue out a Writ to the Justices to certifie if the Seisure were by their Commandment .

If the Escheator taketh an Office virtute Officii , he may seise the Land ; but if of his own Head he seise the Land without Office , that Seisure is colore Officii , and an Assise is maintainable against him ; & sic de caeteris , Coke's 2 Inst. 206 , 207.

Upon the Assise the Party shall recover the Land and double Damages , and the Escheator shall be in the grievous Mercy of the King , ibid.

Where before Stat. 34. E. 3.36 E. 3. and 8 H. 6. the Party grieved by any Office , might have had his Travers , or Monstrans de droit by Common Law , and where he was driven to his Petition , and how relieved by those Statutes , See Coke's 2 Inst. 688. Coke's 4 Rep. 54 , 55.

A Termer could not traverse an Office by the Common Law ; but if it were found in the Office , he might have a Monstrans de droit ; and so of others that had but Chattels Real .

Where there is double matter of Record to intitle the King to a Chattel Personal , as an Attainder , and an Office that the Person attainted was possessed of a House , the Office may be Traversed , because Chattels Personal are Bona peritura , and cannot abide the delay of a Petition , Coke's 2 Inst. 689.

By Stat. Lincoln de Escheatoribus , the Escheator cannot seise before Office , ibidem .

Houses and Lands which lie in Livery , and whereof there is Profit presently taken , the Party by finding the Office , is out of Possession . But of Rents , Commons , Advowsons , and other Inheritances incorporeal , which lie in Grant , it is otherwise , Coke's 2 Inst. 694.

Upon Attainder of Felony the King cannot be Entitled without Office ; but if a special Office were found that the Husband had nothing but in Right of his Wife , there the Heir was not put to his Petition , Coke's 1 Rep. 50. Alton Wood's Case .

Tenant for Life or Years of a Manor , shall have an Escheat , Coke's 2 Inst. 146.

See before in The Court of Escheator Page 239.

To the Court of Admiralty .

THERE is a Felony punishable by the Civil Law , because it is done upon the High Sea , as Pyracy , Robbery or Murder , whereof the Common Law did take no notice , because it could not be tryed by twelve Men. If this Piracy be tryed before the Lord Admiral in the Court of Admiralty according to the Civil Law , and the Dilinquent there attainted , yet shall it work no Corruption of Blood , nor Forfeiture of his Lands ; otherwise it is if he be Attainted before Commissioners by force of the Stat. 28 Hen. 8. And Pirate cometh from the Greek , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , which signifieth a Rover at Sea . Vide Coke's 1 Inst. 391. a.

If any Injury , Robbery , Felony , or other Offence be done upon the high Sea , Lex terrae extendeth not to it , therefore the Admiral hath Conusance thereof ; and may proceed according to the Marine Law by Imprisonment of the Body , and other Proceedings as have been allowed by the Laws of the Realm , Coke's 2 Inst. 51.

The like of things done in a Foreign Kingdom , which shall be tryed before the Constable and Marshal , ibid.

Wreck , are such Goods only which are cast and left upon the Land by the Sea . Flotsam is when a Ship is sunk , or otherwise perished , and the Goods float upon the Sea . Jetsam is when a Ship is in danger to sink , and for lightning the Ship the Goods are cast into the Sea , and afterwards , notwithstanding the Ship perisheth . Lagan , or rather Ligan , is when the Goods so cast into the Sea , and afterwards the Ship perisheth , and such Goods so cast , are so heavy that they sink to the bottom , and the Mariners , to the intent to have them again , tie to them a Buoy or Cork , or such thing which will not sink . And none of these are called Wrecks , unless by the Sea put upon Land . And so Flotsam , Jetsam and Lagan being cast upon the Land , shall pass by the Grant of Wreck , Coke , Part 5.106 . Vid. Termes del Ley.

Wreck of Sea therefore is when the Goods are by the Sea cast upon the Land , and so infra Comitatum , whereof the Common Law taketh Conusance ; but the other three are all upon the Sea , and therefore of them the Admiral hath Jurisdiction , Bracton lib. 3. cap. 3.

When Wreck is claimed by Prescription ( as by Law it may be ) the Pleading is Bona Wreccata super mare & ad terram project' .

The Soil upon which the Sea floweth and ebbeth , scil. between the high Water and low-Water-Mark , may be Parcel of the Manor belonging to a Subject ; and yet resolved in Lacy's Case , Trin. 25 Eliz. That when the Sea floweth , and hath plenitudinem maris , the Admiral shall have Jurisdiction of every thing done upon the Sea between the High-Water-Mark and Low-Water-Mark , by the ordinary Course of the Sea , as of Felony , &c. Yet when the Sea doth ebb , the Land may belong to a Subject .

The King shall have Flotsam , Jetsam and Lagan , when the Ship perisheth , or the Owners of the Goods are unknown .

A Man may have Flotsam and Jetsam by the King's Grant , and Flotsam by Prescription , as before is said .

Resolved that the Stat. of Westminst. 1. cap. 4. by which it is Enacted , That of Wreck of the Sea it is agreed , That where a Man , Dog or Cat escape alive out of the Ship or Vessel , not any thing within them shall be accounted Wreck ; but the Goods shall be saved and kept by the View of the Sheriff , Coroner , or King's Bailiff , &c. So that if any sue for those Goods , and can prove that they belonged to him , or that they perished in his keeping within a year and a day ; they shall be restored to him without delay , &c. was but a Declaration of the Common Law . And therefore all that which is provided as to Wreck , extendeth also to Flotsam , Jetsam and Lagan .

The Common Law gave all these three , as also Estray , Treasure-Trove , and the like , to the King ; for when no Man can claim Property in Goods , the King shall have them by his Prerogative : But Wreck may belong to the Subject by Grant from the King , or by Prescription .

Flotsam , Jetsam and Lagan , so long as upon the Sea , do not belong to the King , but occupanti conceduntur , eo quod constare non possit ad quam regionem essent applicanda .

And Wreck as well as Estrays of an Infant , Feme-Covert , Executrix , a Man in Prison , or beyond Sea , if proclaimed , and none claim them within a Year and a Day , are bounden by the Law , Coke's Rep. lib. 5.106 , 108. Sir Henry Constable's Case .

Rex pro salute animae suae , & ad malas consuetudines abolendas concessit , quod bona in mari periclitata , non perdantur nomine Wrecci , quando aliquis homo aut bestia vivus de navi evaserit . Veies le Stat. W. Primer Cap. 4. And Coke's 2 Inst. 167 , 168.

The Sheriff ought to sell bona peritura within the Year . And the Subject must prove his Property in them within the Year and Day : But the King may claim when he will , and make proof .

If Treasure be found in the Sea , the Finder shall have it at this day . But otherwise it is now of Treasure . Trove upon Land . See Coke's 2 Inst. 168.

If Wreck be not rightfully seized , but taken by wrong-doers , the Party may have a Commission of Oyer and Terminer to enquire of them .

Wreck shall be tried before the King's Justices at Common Law , Coke's 2 Inst. 168. Coke's 4. Inst. 134 , 154.

The Coroner is to enquire of Wreck , Coke's 4 Inst. 271. and 3 Inst. Title Appeals .

FINIS .