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Law-Books lately Printed for J. Walthoe in the Temple Cloyſters.

  • 1 COke's Reports, with References to all the Ancient and ModerBooks of the Laws, in 11 Vol. Fol.
  • 2. Dalton's Countrey Juſtice, with large Additions, Fol.
  • 3. Caſes argued and decreed in the High Court of Chancery, Fol.
  • 4. A Collection of the Orders rela­ting to the Practice of the Courts of Chancery and Exchequer, 12mo.
  • 5. The Law of Common and Com­moners, or a Treatiſe ſhewing the Ori­ginal and Nature of Common, 8vo.
  • 6. The Method of Pleading by Rule and Preſident, 8vo.
  • 7. The Compleat Sheriff, wherein is ſet forth his Office and Authority, toge­ther with that of a Coroner. 8vo.
  • 8. A View of the Penal Laws con­cerning Trades, Profeſſions and Traffick, and what Offences are puniſhable in the Crown Office, 12mo.
  • 9. The Abridgement of the Statutes of King William, 8vo.
  • 10. Bridgman's Conveyances is now in the Preſs, and will be ſpeedily publiſh­ed with Additions. Fol.
  • 11. Tryals per Pais, or the Laws of England concerning Juries. 8vo.

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 Iuriſdiction of Courts THEREIN.

Methodically Digeſted under their Proper Heads.

By H. C. ſometime of the Inner-Temple.

LONDON, Printed by the Aſſigns of Rich. and Edw. Atkins, Eſquires, for I. Walthoe, and are to be ſold by Iohn Deeve, at Bernard's-Inn-Gate in Holbourn. 1699.


AT my firſt Entrance into the Study of the Laws of England, knowing Method and Order conduce much to the enlightning of the Ʋnderſtanding, rendring things more perſpicuous, and comprehenſive to the diſcerning Judgment, and ſitting them better for the retaining Memory; I reſolved to obſerve a Regular Courſe, and therefore ſearched for ſuch Au­thors, and endeavoured to make uſe of ſuch Means as might beſt correſpond with my Deſign therein. But among the ſeveral Treatiſes of the Laws and Government of this Kingdom, and Ju­riſdiction of Courts heretofore written by ſeveral Eminent and Learned Men, finding none were ſo compleat, nor had that Beauty of Order and Ʋniformity at might be expected. And the Lord-Coke in the Epilogue to his Fourth Inſtitutets concerning the Juriſdiction of Courts, deſiring the Wiſe-hearted and Expert Builders would amend both the Method, and Ʋniformity, and the Structure it ſelf, where they ſhould find any Deficiency in the Architecture; and conſidering that great Alterations have been made ſince by divers Acts of Parliament and otherwiſe, I was enduced to compile this. Methodical Compendium of the Laws and Go­vernment of England, and the Domi­nions thereunto belonging, to direct and facilitate my farther Studies. But the Importunity of ſome having pre­vailed with me to promiſe (contrary to my firſt Intention and Inclination) to make it Publick: If it prove bene­ficial to others, it will ſurmount all the Ambition may be thought to be in

Yours To the extent of his Power, H. Curſon.

A Table of Contents.

Governments in General.
  • ORiginal of Government, Pag. 1
  • Law is General, Pag. 4
  • Law Eternal, ibid.
  • aw of Reaſon, Pag. 5
  • Divine Law, Pag. 6
  • Humane Law, Pag. 7
  • Fundamentals of the Laws of England, Pag. 8
The Government of England.
  • The Government of England, Pag. 22
  • The King, ibib.
  • Privy Council, ibid.
Eccleſiaſtical Government of England.
  • Eccleſiastical Government, Pag. 28
  • Convocation, Pag. 32
  • Executive Power in Cauſes Eccleſiaical, Pag. 36
  • High Commiſſion Court, Pag. 36
  • Court of Arches, Pag. 39
  • Court of Audience, ibid.
  • Court of the Faculties, Pag. 40
  • Prerogative Court of Canterbury, ibid.
  • Court of Peculiars, 41
  • Conſiſtory Courts of Archbiſhops & Biſhops, 42
  • Court of the Archdeacon or his Commiſſary, 44
  • Court of Delegates, 44
  • Laws and Conſtitutions Eccleſiaſtical, 45
  • Trials Eccleſiaſtical in Civil Cauſes, 46
  • Trials, Eccleſiaſtical in criminal Cauſes, 46
  • Puniſhments by Eccleſiaſtical Courts, 47
  • Puniſhments Eccleſiaſtical peculiar to the Clergy, 49
Civil Government of England.
  • Civil Government of England, 51
  • High Court of Parliament, 51, 535
  • Executive Power in Temporal Affairs, 80
  • Court of the High Steward of Eng. 81, 539
  • High Court of Chancery, 90
  • Court of extraordinary Juriſdiction, 93
  • Court of the Star-Chamber, 104
  • Court for Redreſs of Delays of Judgment in the King's great Courts, 108
  • Court of Kings Bench, 113
  • Court of Common Pleas Court, 121
  • Court of the Exchequer, 127
  • Court of Inquiry to certifie untrue Accompts in the Exchequer. 140
  • Court of Equity in the Exchequer, 141, 544
  • Office of the Pleas in the Exchequer, 142
  • Courts of Justices of Aſſize & Niſi-prius, 144
  • Court of Juſtices of a Oyer and Terminer, 153
  • Court of ſpecial Juſtices of Oyer and Ter­miner, 166
  • Money collected for the Houſes of Correction, or for the Poor, 166
  • Colledges, Hoſpitals or Alms-houſes, or for charitable and lawful Purpoſes, and Uſes, 167
  • Court of Juſtices of Goal-delivery, 169
  • Court of Juſtices of the Forreſt, 175
  • Court of Juſtices in Eyre, 193
  • Court of Juſtices of Trailbaſton, 195
  • Court of Wards and Liveries, 196
  • Court of Ancient Demeſne, 196, 559
  • Court of Commiſſioners of Sewers, 198, 569
  • Court of Commiſſioners upon the Statute of Bankrupts, 201, 573
  • Commiſſioners for Examination of Witneſ­ſes, 203, 578
  • King's Swanherd, 204, 587
  • King's Aulnager, 205, 590
  • The Government of Counties in Eng­land, 207
  • Court of the Seſſions of the Peace, 210
  • Court of Inquiry of the Defaults of Ju­ſtices of the Peace, Juſtices of Aſſize, Sheriffs and Under-Sheriffs, 222
  • The Execution of Laws in each County, ibid.
  • Court of the Tourn, 223, 595
  • Court Leet or View of Frankpledge, 224, 597
  • County Court, 228, 615
  • Court of the Hundred, 233, 630
  • Court Baron, 235, 632
  • Coroners Court, 237, 635
  • Court of Eſcheators and Commiſſioners for finding of Offices, 239, 635
  • Court of the Clerk of the Market, 241
  • Court of Pipowders, 246
  • Court of the Dutchy-chamber of Lanca­ſter at Weſtminſter, 247
  • Courts of the County Palatin of Cheſter, 251
  • Court of the County Palatin of Durham, 252
  • Royal Franchiſe of Ely, 254
  • Court of the County Palat. of Pembroke, 255
  • Franchiſe of Hexam and Hexamſhire, 255
  • Courts of the Cinque-Ports, 256
  • Preſident and Council in the North, 258
  • The Wardens Courts in the Eaſt, Weſt and Middle Marſhes adjoyning to Scot­land, 260
  • Court of Stannaries in the Counties of De­von and Cornwall, 261
  • Court of the Mayor of the Staple, 263
The Principality of Wales.
  • The Principality of Wales, 266
  • Court of the Preſident and Council of Wales, 269
  • The great Seſſions in Wales, 270
Military Government of England.
  • Military Government of England, 275
  • Court of Chivalry before the Constable and Marſhal, 279
  • Colledge of Heralds, 283
Maritime Power of England.
  • Maritime Power of England, 287
  • Court of Admiralty, 292, 638
  • Navy Office, 295
  • Court of Commiſſion by force of the Statute 28 H. 8. Cap. 15. 298
  • Port Courts, 298
  • Commiſſioners and others for Beacons, Signs of the Sea, Light-houſes, Sea-marks, and concerning Watches, 299
  • De Conſervatore Treugarum, i. e. Indu­ciarum, &c. 302
Court of the King of England.
  • Court of the King of England, 308
  • Eccleſiastical Government of the King's Court, 308
  • Civil Government of the King's Court, 312
  • Compting-Houſe, 314
  • Court of Green-Cloth, 315
  • The Knight Marſhal, 320
  • Court of the Marſhalſea, 321
  • Court of the Palace, 322
  • Court of the Lord Steward, Treaſurer and Comptroller of the King's Houſhlod concern­ing Felony, &c. 324
  • Court of the Lord Steward of the King's Houſe, or in his Abſence, of the Treaſurer, Comptroller and Steward of the Mar­ſhalſea, 325
  • King's great Wardrobe, 332
  • The Office of the Tents, 335
  • The Office of the Robes, ibid.
  • Military Government in the King's Court, 338
  • The Band of Penſioners, 339
  • The Yeomen of the Guard, 340
Court of the Queen of England.
  • Government of the Queen's Court, 341
  • Eccleſiastical Government of the Queen's Court, 341
  • Civil Government of the Queens Court, 342
  • Officers of the Robes, ibid.
Government of Cities.
  • Government f Cities, 34
  • Eccleſiaſtical Government of Cities, 344
  • Civil Government of Cities, 345
  • City of London, 34
  • The Eccleſiaſtical Government of Lon­don, 347
  • The Civil Government of London, 34
  • Court of Huſtings, 351
  • Sheriffs Court in London, 352
  • Court of Conſcience, 354
  • Court of the Mayor and Aldermen, 356
  • Court of Orphans, 356
  • Court of Common Council, 357
  • Court of Wardmote Inqueſt, 358
  • Court of Halmote, ibid.
  • Chamberlain's Court for Apprentices, 359
  • Court of the Conſervators of the Water and River of Thames, 360
  • Court of the Coroner in London, ibid.
  • Court of the Eſcheator in London, ibid.
  • Court of Policies and Aſſurances, 361
  • Military Government of London. 363
  • Tower of London, 365
  • Office of the Ordnance, 368
  • Office of the Warden of the Mint, 373
  • Office of Records in the Tower, 375
  • St. Katherine's, 378
  • Bridge, ibid.
  • Cuſtom Houſe, 379
  • General Post-Office, 381
  • Law Study, 383
  • Inns of Chancery, ibid.
  • Inns of Court, 384
  • Mootings in the Inns of Court 388
  • Mootings in the Inns of Chancery, 390
  • Keeping Chriſtmas in the Inns of Court, ibid.
  • Manner of holding Parliaments in the Inns of Court, 392
  • Serjeants Inns, ibid.
  • Call or Creation of Serjeants, 393
  • The Judges, 394
  • Colledge of Civilians in London, 396
  • Colledge of Phyſicians in London, 400
  • Greſham Colledge in London, 402
  • Sion Colledge in London, 40
  • Chartreux in London, 40
  • Schools in London, 40
  • Southwark, ibid
  • City of Weſtminſter, 40
  • City of Norwich, 41
Government of the Two Univerſitie
  • The two Univerſities in England, 41
  • Oxford, ibid
  • Cambridge, 42
Government of Boroughs.
  • Government of Boroughs is England, 43
Government of Villages.
  • Government of Villages in England, 43
  • Eccleſiaſtical Government of Villages, 43
  • Civil Government of Villages, ibid
Iſlands adjacent to England.
  • Iſlands adjacent unto England, 43
  • Iſle of Man, ibid
  • Angleſey, 43
  • Jerſey olim Caeſarea, 437
  • Guernſey olim Servia, ibid
  • Inſula Vectis or Vecta, 43
  • Sorlings, 44
  • Iſland Lindisfarne. 44
The Government of Scotland.
  • Scotland, 445
The Iſlands near Scotland.
  • The Leſſer Iſlands near Scotland, 459
  • Orcades, ibid.
  • Schetland, ibid.
  • Hebrides, 460
The Government of Ireland.
  • Ireland, 463
Engliſh Plantations in Aſia.
  • Engliſh Plantations in Aſia, 491
  • Bantan, ibid.
  • Bombaine, ibid.
Engliſh Colonies in Africa.
  • Engliſh Colonies in Africa, 492
  • Guinea, ibid.
  • Tangier, ibid.
  • Engliſh Plantations in America. 492
  • Newfoundland, 494
  • New England, 496
  • New York, 500
  • New Jerſey, 504
  • Penſylvania, 505
  • Mariland, 507
  • Virginia, 510
  • Carolina, 512
  • Bermudas, 515
  • Caribee Iſlands, 519
  • Barbuda, ibid.
  • Anguilla, 520
  • Montſerrat, 521
  • Dominica, 522
  • St. Vincent, 523
  • Antegoa, 524
  • Mevis or Nevis, ibid.
  • St. Christophers, 526
  • Barbadoes, 527
  • Jamaica, 530

See the Alphabetical Table at the End of the Book.

Finis Tabulae.


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 Dominion2 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, APeople 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 RuleAnd 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 be3 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 willave 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, and5 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. Perme 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:6 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 of7 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,8 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 called9 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 Reaſon10 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 the11 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, pro­ceeds12 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 Lord13 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,14 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 confir­med15 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;16 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 Learned17 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 ſhall19 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 of20 England, ought to know the Cuſtom of the Kingdom, as well General a Particular, and the Maxims and Sta­tutes of Law, or otherwiſe, altho' hwere the wiſeſt of Men, he will under­ſtand but few things of the Truth othe 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 afteEntry by him made into any Land with a ſtrong hand, make a Feoffmenfor 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, froHim is derived all Authority and Jurdiction, He being Quaſi Intellectus Age••Forma formarum, &c. And from thKing with the Advice of

His Majeſties Privy Council.

THat moſt Honourable Aſſemb••in the Kings Court or Palace, aothers receive their Motion. It is calleConcilium Secretum, Privatum, vel Contnuum Regis Concilium. This is the HigWatch-Tower, wherein the King anhis Nobles Counſellors, ſurvey all h••Dominions, and ſometimes all the Dminions of the World, Conſulting thHonour, Defence, Profit and Peace〈◊〉his People, and their Protection froViolence 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 RegiJohannis, 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 ohis 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 with­out25 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 Lod 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,27 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:28 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 Arch­biſhops29 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〈…〉〈 in non-Latin alphabet 〉, 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 and31 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 in32 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 Diſmgranted 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, Of­fences37 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 the38 Lord Coke, by reaſon of the Clauſe ithis Act, That the Commiſſioners ſhall Ex­ecute the Premiſſes, according to the Teno••of the Letters Patent; which Clau••refeso the former parts of this Act viz The Ancient Juriſdiction reſtoreby this Act,ath, the Commiſſionehad not power to Fine and Impri­ſon.

This Commiſſion was uſually granteto perſons of the Higheſt Quality iChurch and State, ſo often, and for〈◊〉long time, as the King did thinfit.

In Queen Elizabeths Time, ſaith thLord Coke, it was Reſolved, the HigCommiſſion ſhould be limitted to certiaEnormities and Exorbitant Cauſes And many Preſidents were brought〈◊〉Prohibitions againſt their Authority〈◊〉Fine and Impriſon, both out of thKings-Bench and Common-Pleas. B••this Court being now Abrogated by thStatute of 16 & 17 Car. 2. cap. 11.

The Courts of the Archbiſhop〈◊〉Canterbury come next in courſe, thHigheſt 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; and41 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 forthwith42 becomes exempt from the Ordinary and is reputed a Peculiar, and of thDioceſs of Canterbury.

And there are certain peculiar Juri­dictions, belonging to ſome certain Par­ſhes; the Inhabitants whereof, are exem••from the Archdeacon's Juriſdiction, anſometimes 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 partic­lar Pariſh.

Note, That there are ſome Deans〈◊〉England without any Juriſdiction, onfor Honour ſo Stiled, as the Dean〈◊〉the Chappel Royal, and Dean of thChappel of St. George at Windſor. Mo••­over ſome Deans there are without a••Chapter; yet enjoying certain Juri­dictions, as the Dean of Croyden, thDean 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〈◊〉43the 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 Archdeacoeither by Preſcription or Compoſitiohath Juriſdiction in Spiritual Caſes with in his Archdeaconry; and from hithe 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 Cauſhapning in places belonging to thCathedral.

Laſtly, There are ſome peculi••Juriſdictions, the Inhabitants where••are exempt ſometimes from the Arc­deacon's Juriſdiction, and ſometimfrom the Biſhops Juriſdiction.

The Court of Delegates.

THis Court is ſo called becauſe De­legated by the King's Commiſſiounder the Great Seal, to ſit upon an A­peal to the King in the Court of Cha­cery in three Cauſes. Firſt, When〈◊〉45Sentence 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 the46 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, and47hat 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 ofhe Neighbourhood to their Oath, orhe 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 Chri­ſtians48 in Spiritual Duties, but alſo iTemporal Affairs. And this common­ly for Hereſie, Schiſm, Perjury, In­ceſt, &c. and for the more Terrour,〈◊〉is done by the Biſhop himſelf in propeperſon; 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 thOffence. And then there is

Anathematiſmus inflicted upon an ob­ſtinate Heretick, whereby he is declar­ed a publick Enemy to God, Rejecteand Accurſed, and delivered over tEternal Damnation: And this is to bdone by the Biſhop alſo in his owperſon, aſſiſted by the Dean and Chap­ter, or Twelve other grave Prieſts. AnLaſtly, There is

Interdictum, whereby is prohibited〈◊〉Divine Offices, as Chriſtian Burial〈◊〉Adminiſtration of Sacraments, &c. iſuch a place or to ſuch a people: If this be againſt a people, it followeth thewhereſoever they go; but if againſt the place only, then the people may gto Divine Office elſewhere; and be­ſides49 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, twhom 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 no53 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 Senaours, 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 Na­tive55 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 Scrip­ture56 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 according57 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, Earls58 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 Emperour60 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 Parliamen­um.


An Act of Parliament muſt have thAſſent 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, alformer 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 Judgmengiven; 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 all63 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.


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 they64 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 other65 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 ofis Reign, is adjudged void, it being ineſtraint of the Sovereign Liberty of his Succeſſors. And it is a certain Maxim, That Leges poſteriores, prioresontrarias abrogant.

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

Every Member ought to come, ore may be Fined; and the Sheriff, if heake not due Return of all Writs maye 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 hiExchequer, 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 theſActs, only Ad faciendum populum, theſPoſſeſſions were given to the King anhis Succeſſors, to do therewith at his antheir own Wills, to the pleaſure of Almighty God, and the honour and pro••of the Realm. Now obſerve the Cat­ſtrophe in the ſame Parliament of Hen••the Eighth: When the Opulent Priorof St. John's of Jeruſalem was given t67the 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 Parliamenthey being more properly to be learneout of the Rolls of Parliament Recordand by Preſidents, and continual ex­perience, than by or from any Man Penn.

Parliament, from Parler la Ment〈◊〉called, becauſe every Member oughſincerly Parler la Ment for the good〈◊〉the Common-wealth, is the Higheſt anmoſt Honourable Court of Juſtice〈◊〉England; conſiſting of the King, thLord Spiritual and Temporal, and thCommons conſiſting of Knights; Citizeand Burgeſſes; and in Writs and Judi­cal Proceedings, it is called Comm••Concilium Regni Angliae: It appeareth That divers Parliaments have beeholden before and ſince the time of the Conqueſt, which are in print, and many more appearing in ancient Records anManuſcripts.

There have been in that time, and ſince the Conqueſt till the Lord Coketime 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 ſTranſcendent, That it Maketh, In­largeth, Diminiſheth, Abrogateth, Re­pealeth69 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 areo 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 Coiwas Adjudged and Executed at Tyburas 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 D­mini, 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, forb­ing71 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 of75 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 them76 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 Englad; 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