THat this, —jura dant singuli natis & uxoribus. at first, was in the Father of the Household; and when generations of men increased, in the chief of the Family, both the light of reason, and all Histo­ry do sufficiently manifest. How it therefore fell into other hands I can­not better express than in the words of Sir Walter Raleigh, In tract of time (saith he) as Hist. of the world by Sir W. Raleigh lib. 1. Cap. 9. Sect. 1. people grew numerous, and Kindreds more remote, Obedience, the fruit of natural reverence, waxing cold, and brotherly affection by little and little withering away; Wisedome being likewise severed from Power, and Strength from Charity, Covetousness begot Oppression, and the more powerfull man incroach'd upon the weak; Necessity Ibid. therefore, (which maketh wise even the brute crea­tures aswell as men) occasioned both the prudent and ignorant, at once to under­stand, that the condition of Reasonable men would become farr more miserable than that of the Beasts; and that a gene­ral floud of confusion would a second time overflow them, did they not by a ge­nerall obedience to order and dominion prevent it: For the mighty, who trusted in their own strength, found others again (by enterchange of times) more mighty than themselves; the feeble fell under the forcible, and the equal from equal received equal harmes; insomuch, that licentious disorder, which seemed to pro­mise liberty upon the first acquaintance, proved, upon a better tryall, no less pe­rillous than an unindurable bondage.

Hence therefore was it (as Cicero well conjectureth) that men fled to some one amongst themselves, excel­ling others in Virtue and prowess, and submitted to his Dictates and Decrees, as to Laws inviolable: prae­stat enim Regem Tyrannum habere, quàm nullum; it being better to have a Tyrant than no government at all.

Thus, Hist. of the world, ut su­pra. to speak humanely, may the beginning of Empire be ascribed to Rea­son and Necessity: but out of doubt it was from Almighty God himself, that this beam of light did shine into the hearts of men; whereby they might dis­cern, that they could not subsist without a Guide and Ruler: for from the words of holy Writ we find, that Dan. 5. 21. the most High beareth Rule over the Kingdomes of men, and appointeth over them whom he pleaseth.

BUt by this Government though they found great advantages, considering the miseries they under­went before; yet time (making all men wise that observe it) shew'd them some imperfections therein: and therefore both the same Necessity which invented, and the same Reason which approved of sovereign power, devised certain Rules, whereby Do­minion (in the beginning boundless) might likewise be kept within her own limits; Principio rerum gentium (que) imperi­um penès Reges e­rat, quos ad fastigi­um hujus majestatis, non ambitio popularis, sed spectata inter bonos moderatio provehebat. Iu­stine lib. 1. so that the [Page 2] Governour might the more safely ex­ercise his sovereign power, The begin­in [...] [...]. and the governed more securely enjoy that which was their own right: for then as Iustine saith, Iusti [...]e lib. 1. Populus nullis legibus tenebantur, arbitria principum pro legi­bus erant; The people were not govern'd by any other Laws than the wills of their Princes: And what the effect of those their wills were, hear what S ^t. Augustine de Civitate D [...] i lib. 4. cap. 4. expresseth, —Quid enim (saith he) sunt Regna, nisi magna latro­cinia, remotâ Iustitiâ, quae est Legum effectus?

Since therefore the benefit of Law is so great, Their defini­tion. let us consider what it is, from some excellent and most proper definitions which have been made thereof.

The famous Roman Orator Cicero de Le­gibus lib. 3. cap. 1. tells us, that Lex est summa ratio, insita à naturâ, quae jubeat ea quae facienda sunt, prohibeat (que) contraria; It is the great Dictate of natural Reason, which com­mands what is to be done, and prohibits the contrary.

It is the Reformer (saith he) of Vice, and the encourager to Virtue.

Chrysippus defines it thus, Iustinian l [...]b. 2. ff. de Legibus. [...] &c. Lex est omnium divinarum & humanarum rerum Regi­na. Oportet autem eam bonis & malis Praesidem, Principem & Ducem esse: Et (secundùm hoc) justorum & injustorum regulam, & eorum quae naturâ civilia sunt animantium; praeceptricem qui­dem faciendorum, prohibitricem non fa­ciendorum.

Marsil. Fici­ [...] in argu­ment. ad Pla­t [...] Minos, seu de Lege. Marsilius Ficinus out of Plato 's Minos, his Bookes de Legibus, and de Republic [...], summs up Plato 's whole description of a Law thus,—Lex est vera gubernaculi ratio, quae ad finem op­timum, per commoda media, gubernata dirigit, transgredienti poenam, obedienti praemium statuens.

And our famous Bracto [...] lib. 1. cap. 3. Bracton thus,— Lex specialiter significat sanctionem ju­stam, jubentem honesta, prohibentem con­traria.

Under this (I mean the Law of Nature) did the old Patriarchs live; and in this do most Nations of the world still concurr.

And of so great power hath it been esteemed, that ea, non homini sed Deo Delphico tribueretur; that it ought not to be attributed to men, Cap. 2. but to God, saith De Leg. lib. 1. Cicero. I have read, that the antient Kings, for the better re­putation of their Laws, told their Subjects, that they received them from the Gods,—Deum ne an homi­nem aliquem condendarum Legum cau­sam existimatis? quoth Plato Plato de Le­gibus lib. 1. in initio. in that Dialogue of his with Clivius the Cretian, and Megillus the Lacede­monian; Clivius answering—Deum (ô hospes) Deum inquam, ut decet asse­rere; apud nos quidem (Cretenses vult) Iovem, apud Lacedaemonios Apollinem: and then tells us (out of Homer) of Minos (the great Lawgiver of Crete) how he had nine yeares conversation and conference with Iupiter before he gave them their Laws: and a lit­tle after calls him [...], one that gave Laws from God. Mar­filius Ficinus In argu­mento ad Dia­logum seu li­brum 9 de Le­gibus. observes truly,—quod Plato dicit, priscos Legum latores fuisse Dei filios, Leges (que) heroibus (qui etiam à Diis erant geniti) tradidisse: And the same Ficinus elsewhere, In argu­mento ad Pla­tonis Minos. omnes illustres Legum conditores, inventionem Legum in Deum retulerunt: Zoroastes Bractrianis & Persis Legem tradens, in Horomasim; Trismegistus Aegyptiis, in Mercurium; Moses in Deum patrem; Minos in Iovem; Charondus Cartha­giniensibus, in Saturnum; Lycurgus La­cedaemoniis, in Apollinem; Draco & Solon Atheniensibus, in Minervam: Numa Pomp. Romanis, in Aegerium; Mahomet Arabibus in Gabrielem, Zamolxis Scythis in Vestam: Plato noster Magnesiis & Siculis, in Iovem & Apollinem. And to the same pur­pose an antient and excellent author Diodorus Si­culus biblioth. lib. I. p. 84. Hanaviae 1604. saith, that Mneves, an old Aegyp­tian Law-giver, Leges à Mercurio sibi traditas simulabat.

Our great English Lawyer Sir Iohn Fortescue Knight (who was chief Iu­stice of the Kings Bench in the time of King Henry the 6th.) in that learn­ed discourse Impr. Lond. 1599. cap. 15. of his de Laudibus Leg. Angl. saith, that All humane Laws are either the Law of Nature; or Customes, or Statutes, which are called Constitutions: but Customes and the Sentences of the Law of Nature, after that they were once put in writing, and by the sufficient authority of the Prince published, and commanded to be kept, were changed into the nature [Page 3] of Constitutions or Statutes; and did, after that, more penally than before, bind the subject of the Prince, to the keeping of them, by the severity of his com­mandement.

Consonant whereunto is that ex­pression of the learned Selden, All Laws, in general ( saith Notes upon Fortescue p. 17. he) are ori­ginally equally antient: All were groun­ded upon nature; and no Nation was, that out of it took not their grounds: and Nature being the same in all, the begin­ning of all Laws must be the same.

Now of those who have been most famous for making Laws in several Nations, Moses may be very well ranked in the first place, by reason that the Israelites received theirs from him.

Lycurgus in the next, from whom the Lacedemonians had theirs; and from Solon the Athenians; the memo­ry of which men for their singular prudence in framing such wholsome and beneficial Constitutions, in those Countries, is still no less famous, than of the greatest Princes by whose pow­er they were ever governed.

The Romans received some of theirs, from their Kings; some from their Decemviri; some from their Senators; some from their Lawyers, and some from the People them­selves.

OF these, Common Law. that which we call the Common Law is, out of question, no less antient than the beginning of differences betwixt man and man, af­ter the first peopling of this land; it Plowd. Com. in his Case of Mines f. 316. being no other than pure and tryed Reason; ( as the late great Lawyer M ^r. Plowden expresseth) or the Cokes Instit. part. 2. p. 179. abso­lute perfection of Reason, as Sir Edward Coke affirmeth, adding, that In his praef. to the 8th. book of his Reports. the ground thereof is beyond the memory or Register of any beginning; And these were they which the Norman Conque­rour at his Coronation did swear to observe; being then by him said to be— Bonae & approbatae antiquae Regni Leges. The Anti­quity of our Laws.

The grave and judicious Thomas Lord Ellesmere, late Lord Chancel­lour of England, in his learned dis­course of the f. 32. 33 [...] Postnati, saith, that the Common Laws of England are grounded upon the Law of God, and ex­tend themselves to the original Law of Nature, and the universal Law of Na­tions; and that they are not originally Leges scriptae: which is consonant to that of the eminent Lawyer Henry de Bracton (who lived in King H. 3. time) In Bracton lib. 1. cap. 1. omnibus aliis regionibus u­tuntur Legibus & jure scriptis; sola Anglia usa est jure non scripto & con­suetudine.

And that their being not written doth no whit extenuate the authority and esteem justly due to them, let us hear what Fleta excellently expresseth to that purpose,— Fleta; in co­mentarii juris Anglicani pr [...] ­oemio. Leges autem Anglicanas, licet non scriptas, Leges appellari non est absurdum; cum hoc ip­sum Lex sit, quod Principi placet Legis habet vigorem; eas scilicet quas, super dubiis in concilio diffiniendis, Procerum quidem consilio, & Principis auctoritate accordante, vel antecedente constat esse promulgatas: Si enim ob solum scrip­turae defectum Leges minimè censeren­tur, majoris proculdubio auctoritatis ro­bur ipsis Legibus videretur accomodare Scriptura, quam decernentis aequitas, aut ratio statuentis.

It is not incongruous to call our Eng­lish Constitutions, Laws, though they be not committed to writing; forasmuch as the Law it self is, that what the King appointeth hath the strength of Law; viz. that, which in doubtfull cases, by the advice of his Nobles, and his own authority concurring, or preceding shall happen to be promulged: for if, through want of recording, they should not have the estimation of Laws, the meer writing of them would attribute more authority unto them, than the justness of the Iudg, or reason of the composer.

Thus much, in general, in refe­rence to the Common Law of England; whence I shall descend to say some­thing, briefly, of the most antient Law-makers in this Nation.

That the Druydes (id est, the Priests) amongst the Britans, were [Page 4] the framers of their Laws, is proba­ble enough, for Caesar in the memo­rials [...] lib. 6. of his warr in Galliâ, speaking of them, as the Determiners of all controversies and matters of variance, there, aswell publick as private; [...] and that they do, at one time of the year sit together at a certain hallowed place on the borders of the [...] Carnutes (whose Country is the middle of all Gallia) whereunto all such as have any differences do resort, and submit to such Decree as is then and there adjudged by them, saith, Dis­ciplina in Britannia reperta; at (que) indè in Galliam translata esse existimatur. This Discipline of theirs was translated hither out of Britain.

And that the Britans had certain, and firmly establish'd Laws, Dio Lib. 5. as­sureth us; Britannia (saith he) suis Legibus usa est: Videsis etiam Iani Angl. p. 17. & 18. and who was it like should be the makers of them but the Kings by the help and assistance of the Druydes? for the same Caesar, in that relation, plainly tells us, that Caesar de Bel­lo Gallico ut supra. Druydae ferè de omnibus controversiis, publicis privatis (que) constituunt &c. They determine almost of all controver­sies and matters in variance, aswell pub­lick as private: and if there happen to be any Crime All Criminal Causes. committed, if murder, if controversy concerning All Civil Actio [...]. the inheri­tance or boundaries of land, they decide it, and award recompence and penalties. Likewise, in case there be any person, private or publick, who shall not submit to their Decrees, they forbid him to come to their Sacrifices, which is the most grie­vous punishment; and they who are thus interdicted, are shunned by others, as the most wicked of all people; so that no man will abide their company, left they should be infected and receive hurt from them: And if they require the benefit of Law, [...]. or any dignity (being thus interdicted) they may not have it.

But to derive the rise and original of our Common Laws from that foun­tain, is more than I dare adventure, though Sir Iohn Fortescue doth seem to incline thereto, in his commenda­tion of the reason and equity of them, in saying, Lib. 1. cap. [...]. de laud. Legum Angl. that the Romans, Saxons, Danes, or Normans would have altered them, had they not been so; especially the Romans, who gave Laws almost to all the world besides.—Quae, Cap. 3. si optimae non ex­titissent, aliqui Regum illorum, justiciâ, ratione, seu affectione concitati eas mu­tassent, aut omnino delevissent; & max­imè Romani, qui Legibus suis quasi totum orbis reliquum judicabant.

For if we well consider the misery whereunto those people were, by the power of the Romans brought, even almost to an utter expulsion, as their own Historians Galfr. Monumethensis, and Humphrey Llhoyd do acknowledg; it cannot probably be thought, that their Laws and Customes were transmitted to those who afterwards became Lords and Rulers here; but rather that the Saxons, after they had well setled themselves, did lay the first foundation thereof, from the usages and Customes of the Germans, whence they sprung. But my pur­pose being here not to discourse ar­gumentatively, leaving every one to their own judgment therein, I shall proceed, and briefly shew what I find historically set down concerning this matter.

IT is said of Mulmutius Dunwallo (a King of the Brittains, who began his reign no less than four hundred fourty and four years before the birth of our blessed Saviour)— Ioh. Bromp­ton Monach. Iorv. Primò Leges in Britanniâ edidit Dunwallo Molmucius; Inter Hist. Angl. Script. antiq. col. 956. 8. cujus Leges Molmucinae dicebantur: Inter quas (ut in Bruto ha­betur) statuit, ut Civitates & Templa Deorum, viae (que) ad illa ducentes, & ara­tra Colonum immunitate confugii gau­derent. Dunwallo Molmutius was the first (King) that did constitute Laws in Brittain, which were thereupon called the Molmucian Laws: Amongst which he enacted, that the Cities and Temples of the Gods, and the ways leading to them; as also the Husbandmans Plows, should have the privilege of Sanctuary.

After him, that Mercia Queen of the Britans (sometime wife of King Guitheline, from whom the Province [Page 5] of Mercia is thought to have had its name) Ioh. Brompt. ibid. made a Law, Cap. 4. full of pru­dence and Iustice, called the Mercian Law: And that our old Historian Gildas, translating these two Laws out of the Brittish language, into Latine, it was thenceforth called Merchenelege, id est, the Law of the Mercians, by which Law eight Shires of this Realm, Gloucester, Wor­cester, Hereford, Salop, Chester, Stafford, Warwick, and Oxford, were antiently governed.

The next Legislators here, that I read of, were Ethelbert Eccl. Hist. Ven. Bedae lib. 2. cap. 5. (the first of the Saxons, who received the Chri­stian saith, about the year of Christ DCxiii.) Hlothere, Eadric, and Wi­thred, all Kings of Kent; whose Laws are extant in an antient Manuscript, called Penès virum cl. Rog. Twys­den Bar. Textus Roffensis, and therein recorded by Ernulph the Venerable Bishop of that place, about the year of Christ DCCLx.

After those Ina, Alfred, Edward the Martyr, Athelstan, and Ethelred all Kings of the West-Saxons; the first whereof began his reign about the year of Christ DC Lxxxviii; the se­cond in the year DCCCLxxiii; the third in the year DCCCCLxxv; the fourth in the year DCCCC xxiii; and the fifth in the year DCCCCLxxix. whose Laws are to be seen at large; viz. those of King Ina in the Annals Hist. Angl. Script. antiq. col. 759. & col. 820. Videsis Iani Angl. p. 124. of Ioh. Brompton (sometime a Monk of Iorvaulx Abby in Yorkshire); those of King of Alfred Hist. Angl. Script. col. 819. &c. in the same An­nals of Brompton; those of King Ed­ward the Martyr, King Athelstan and Ethelred, in Lambard de Priscis Ang­lorum Legibus, which Laws of King Alfred were called West Saxon lega, id est, the Law of the West-Saxons, whereby in antient time nine Coun­ties, South of the River Thames, viz. Kent, Sussex, Surrey, Berk­shire, Wilteshire, Hantshire, So­mersetshire, Dorletshire, and De­vonshire, were ruled.

After this, the Danes ruling here, here was a third Law by them con­stituted, which was called Denelega, id est, the Danes Law: and by it were no less than xv. of the Eastern and Northern shires of this Kingdome, heretofore governed, viz. Essex, Middlesex, Suffolk, Laws and Law-ma­kers. Norfolk, Hart­fordshire, Cambridgsh. Hunten­donsh. Lincolnsh. Notinghamsh. Derbysh. Northamptonsh. Leice­stersh. Buckinghamsh. Bedfordsh. and Yorkeshire.

Out of all which three Laws, viz. Merchenlega, West-Saxonlega, and Da­nelega, did King Edward (commonly called the Confessor, who began his reign in the year of Christ Mxliiii.) select lb. col. 957. 15. Polychroa. lib. 1. cap. 50. the best and choycest, and reducing them into one body, called Cokes Re­ports part. 3. in procem. them the Common Law. Which Laws of King Edward the Confessor are at large publisht by M ^r. Lam­bard. De priscis Angl. leg. fol. 126. b. Chron. H. i. Knighton col. 2355.

And long it was not, after the re­nowned Norman Conquerour (King Will▪ the first) had brought this Realm to subjection, K. Will. I. but that he caused MS. in Scac. sub nomine Gerv. Tilb. cap. 32. Vide Iani Angl. p. 63. a view to Post adqui­sitionem Ang­liae, illi [...]lmus Re▪ quarto anno regni sui, consi [...]o Baro­num suorum, fecit summo­niri, per uni­verios Angliae consul [...]us, Anglos nobi­les, sapientes, & suâ Lege eruditos, ut eorum Leges, & vitam & consuetudines ab ipsis audiret: Electi ergo de singulis patriae Comitatibus viri xii, jurejurando coram Rege primûm confirmaverunt; ut, quoad possent, recto tramite, ne (que) ad dextram, ne (que) ad sinistram diver­tentes, Legum veritatem suarum, & consuetudinum sibi patefa­cerent; nil praetermittentes, nil addentes, nil praevaricantes, nil mutantes &c. be taken of all the before-specified Laws, and approving some, and rejecting others, adding also some of his Norman constitutions to them (as most proper for his govern­ment, considering how many of his subjects from that Dukedome he brought over with him and setled here) made an establishment Chron. Ioh. Brompton col. 982. 46. Annal. H. Knighton col. 2355. Annal. Malmesh. f. 342. b. &c. of such as he thought most just and wholesome for this his Dominion.

But this was Vide inter Leges S. Reg. Edw. per Will. Lamb. edi­tas f. 138. a. & f. 138. b. not without great and earnest sute made to him by the native English; for he would have im­posed Vide inter Leges S. Reg. Edw. per Will. Lamb. edi­tas f. 138. a. & f. 138. b. upon them the Laws of the Danes and Norwegians, affirming Vide inter Leges S. Reg. Edw. per Will. Lamb. edi­tas f. 138. a. & f. 138. b. them to be better than others— pro­fundiores & honestiores omnibus aliis, Vide etiam Spelm. Gloss. p. 436. altarumq, Legibus nationam. Howbeit, Vide Flor. Wi­gorn. in anno 1142. to give them all indifferent satisfacti­on, for quietness sake, for thus saith Math. Paris thereupon— In vitâ & Frethrici Ab­batis p. 48. n. 30. Post mul­tas disceptationes, Videsis etiam Iani Angl. p. 63. 64. & 65. Et Rog. Hoved. in vitâ Regis H. 2. p. 347. praesente Archiepiscopo Lanfranco, Rex, pro bono pacis, juravit super omnes Reliquias Ecclesiae S. Al­bani, tactis (que) sacrosanctis Evangeliis, ministrante juramento Abbate Frethrico, bonas & approbatas antiquas regni [Page 6] Leges, quas sancti & pii Angliae reges, ejus antecessores, & maximè Rex Ed­wardus, inviolabiliter observari jussit. —After many disputes, in the presence of Lanfrank A [...]chb. of Canterb. the King (at the length) for quieting the people, swore upon all the precious Re­liques in the Church of S. Alban, laying his hand upon the holy Evangelists, Frethrick then Abbot ministring the Oath to him, that he would inviolably observe the good and approved antient Laws which had been made by the devout and pious Kings of England, his an­cestors, and chiefly by King Edward (the Confessor.)

Of which Laws Ingulphus, the then famous and learned Abbot of Croyland, faith thus, 1 [...] hist. p. 519. b.—Attuli me­cum Londoniis in Monasterium (Croy­landiae) Leges aequissimi Regis Ed­wardi &c. I brought with me from London unto the Abby of Croyland, the Laws of King Edward the just, De legibus will. Conq. vide Selde [...] Iin. Angl. lib. 2. p. 123. in the same language wherein they were made, which my renowned Lord King William, having ratified and made authentique, did by Proclamation, through all the Realm of England, command un­der grievous penalties, to be inviolably deserved; and so recommended the same to his Iudges.

But he laid great Impositions upon the Bishops and Religious Houses for the support of his military Forces, from which they, holding their lands in pure and frank Almoigne, were before that time free.— Episcopatus & Abbatias omnes, quae Baronias tene­bant, & eatenus ab omni servitute secu­lari libertatem habuerint, sub servitute statuit military saith In Anno 1070. p. 7. Math. Paris. And for the same purpose he impo­sed Ibid. military Tenures upon the Lai­ty: So also upon the people in gene­ral, in his Purveyance for Victual, which he caused to be taken in kind, throughout all the Land; untill, up­on sad complaint thereof, he did, by the advice of his Nobles, reduce it into money. Of which Purveyance, then so taken and compounded for, I shall here exhibit a brief Narrative from an Author, [...] MS. nuncupato [...]. T [...]bur. penès Came [...]ar. Scace. cap. 23. Videsis etiam Iani Angl. p. 74. & 75. who lived neer that time;

In primitivo regni statu, post conqui­sitionem &c.

In the primitive state of this King­dome after the (Norman) Conquest, there was not any gold or silver paid to the King, out of his own lands, but only Victual, whereby the daily necessaries of the Court were supplied; and those, who were assigned to this service, knew well how much came from each place; coyned money, issuing out of Cities and Castles, where no husbandry was exercised, being only imployed in Wages, and gifts to Soul­diers, Purveyance how taken an­tiently. and for other necessaries relating to the Courts and publick Conventions of the Realm. Which institution continued during all the Reign of King William the Conquerour, and untill the time of his Son King Henry the first; so that I my self ( saith mine Author, who lived in King H. 2. time) have seen some of those, who thus brought these Provisions to the Court.

The Officers of the Kings House, had likewise from some Counties of this Realm, whence such Provisions were due, a certain proportion of Wheat; of other several sorts of Provender for Horses; which being paid according to this setled form, the said Officers; upon accompt with the Shireeves, did reduce them into rates of money; viz. for so much Wheat in measure, as was a competency to make bread for an hundred men, one Shilling; for the Carcass of a Pasturing Oxe, a shilling; and for a Ram or Sheep, four pence. But afterwards, the King ( viz. King Henry the first) being necessitated to go beyond Sea, for the quieting those stirrs which were there raised, and to that end requiring ready money, as most necessary for such a purpose; there came a sad complaint to his Court, by a multi­tude of Countrey men; nay, which was much more grievous, they brought their Plow-shares, as a testimony of the decay of tillage, and offred them up to him, being so much opprest by this Purveyance of Victual, thus taken from their dwel­lings. The King therefore being not a little moved therewith, did by the advice of his Nobles, send throughout his Realm, divers persons of whose prudence and dis­cretion, for that purpose, he was ascer­tained; who travailed, thereupon, into all parts, and viewed every mans land, estimating the proportion of Victual, paid [Page 7] out of the same, which they reduced into a rate of money; and constituted the Shi­reeve of each Shire the general Receiver thereof; adding, that he should pay the same into the Exchequer, by weight.

Fecit Flor. Wigor [...]. p. 449. describi omnem Angliam &c. Moreover he (viz. King William the Conquerour) caused the whole King­dome to be surveyed, to the end he might know how much Land each of his Barons did possess; as also the number of Knights fees and Plow­lands that it contained: Likewise what Bondmen and what Cattel any one had, from the greatest to the least; and what Rent every mans Estate could yield; all which he ap­pointed to be recorded in his Exche­quer at Westminster in that Volume called D [...]mesday book; so named, as Gerv. Tilbur. saith; non quod in eo de propositis aliquibus dubiis feratur sen­tentia; sed quòd à praedicto judicio non lic [...]at ullâ ratione discedere; Not that in it was contained a judgment of any doubtfull matters; but that it might not be lawfull to decline that sentence for any respect whatsoever.

He first also appointed, Ingulphi hist. f. 512. that Charters should be sealed with wax by each mans peculiar Seal: and like­wise that Pleadings should thence­forth be in French, and that Lan­guage taught in Schools.

And so severe and strict he was for preservation of Deer, that Math. Paris. Cer­vum vel Capreolum Capienti, oculi erue­bantur; those who took a Deer or a Goat should lose their Eyes.

And for preventing Insurrections, commanded; Polyd. Virg. hist. lib. 9. that at the ringing of a Bell every Evening, the Fire in all Houses should be covered.

Homicide he likewise punished H. Hunt. f. 212. b. by loss of life: and Rape by H. Hunt. f. 212. b. geld­ing of the offender.

His immediate successour was King Will. Rufus, but of any Laws he made we have no memorial: How­beit, to him was attributed the origi­nal of that Custome, whereby his successours first claimed the profits of vacant Bishopricks and Monasteries, which were of the Kings Patronage, commonly called First-fruits,—Sanè Gulielmus Rufus, avaritiâ inflamma­tus, vectigalia ex sacris praediis capie [...] bat (&c.) saith Polyd. V [...]g Angl. hist. lib. x. p. 168. a. 30. & 40. Polyd. Vi [...]gil.— and thus goeth on,—Etenim Reges qui successerunt, Rufi institutum secuti, con­sueverunt, tam Episcopatuum vacantium, quàm Coenobiorum, quae maiores eorum condidissent, vectigal unius anni capere, perinde quasi ista bona Deo consecrata, per hunc modum tantisper ad pristinum datorem jure redirent, quoad essent, qui ea rursus possidenda reciperent. Est (que) ejusmodi consuetudo ita deinde rata ha­bita, ut etiam nunc Regibus fas sit Vecti­gal quoddam capere ex Coenobiis vacan­tibus: nam ratio inita est, ut quoties vacent, ex pacto, quaedam pecuniae summa debeatur Regi, ut Fundatori, qui etiam potestatem faciat monachis novum eligen­di sibi Praeposium. Item per idem ius, ipsis Regibus licet & Episcopatuum va­cantium praedia recipere, ac fructus in sex menses, vel in integrum annum debi­tos capere, aut ab illis quibus ex sacerdo­tia dantur, exigere: quemadmodum in­terea, dum vacant, primus Provinciae antistes, in Episcopatibus ipsis jurisdictio­nem habet, & quicquid emolumenti inde est, ei est.

The next of our Legislators that succeeded him, was King Henry the first, his son, of whom another Histo­rian says thus Ric. Prior Hagastald. In­ter hist. Angl. Script. col. 310. l. 52.—Bonas quo (que) Leges & consuetudines Regis Edwardi, prae­decessoris ac cognati sui, restauravit; & prout ei videbatur, suâ sapientiâ & auctoritate emendatas & corroboratas, in regno suo rigidè & constanter, tam à di­vitibus, quàm à pauperibus observari fe­cit. That he confirmed the good Laws and Customes of King Edward his Prae­decessor and Kinsman; and caused them to be strictly observed aswell of the rich as poor, throughout his Kingdome.

But Sir Edward Coke expresseth it thus Cokes Re­ports lib. 3. in procem [...]o.—Because he abolished such Cu­stomes of Normandy, as his Father had added to our Common Laws, he is said to have restored the antient Laws of England.

His Charter of Confirmation Hist. Angl. script. antiq. col. 121. a. n. 30. M. Paris. in a. 1100. p. 55. Lib. rub. in Scacc. f. 131. b. of those Laws, bears date at his Coro­nation: which Laws (as all the rest whereof I have made mention) are exactly referred unto by my margi­nal quotations. And added, that Counterfeitors of money should [Page 8] have their Eyes [...] pulled out, be gelt, [...] and lose their right hands. Likewise [...] that Half-pence and Far­things should be round. Also that an Ell for measure should [...] be made of the length of his own Arm: and that the use of Lights in the Night should be restored [...] which, with fire, had been prohibited by his Father, after the ringing of Coverfeu every Evening at eight of the Clock.

Moreover, he commanded [...] Hist. in An. 1124. that the English should cut their hair after the fashion of the French, they ha­ving till then used to wear it as long as women theirs.

And lastly, fearing the loss of Nor­mandy by invasion of Lewes le Grosse King of France, primum omnium populo imponit grave tributum causa novi belli gerendi; id quod apud posteriors Reges in consuetudinem venit [...] saith Polyd. Virg. he first began the imposing of a Tax upon the people, for maintaining of his military forces: which practice his [...] suc­cessours have, since that time, brought to a Custome.

The Laws of his successor King Stephan, K. Steph [...]n. granted by his Charter, bearing date at Oxenford in the year MCxxxvi. (being the first year of his reign) are specified by W. Malmesh. in his Hist. [...] a. n. 40. [...] Mal [...]. Hist. Nov. f. 101. b. n. 10. Novellae, and others, Et Hist. Angl. Script. col. 314. whereunto I refer my Reader, amongst which he abolished R. Hoved. In An. 1136. f. 276. 2. n. 40. the tri­bute called Danegelt; viz. ii. ^s for eve­ry hide of Land, which his praedeces­sors had long enjoyed.

And to him succeeded King Henry K. Henry II. the second; who, in a famous meet­ing of the Prelates and Peers of this his Realm, at Clarendon in Wilt­shire, on the Feast day of S. Hillary An. MCLxiiii. (in the xth. year of his reign) established [...]. divers Laws, chiefly relating to the Clergy and Ec­clessiastical matters, who aimed at exemption of their persons and pos­sessions from secular jurisdiction.

Other Laws he also made in Anno Domini MCLxix. the xvth. year of his reign, he being then in France; the tenor whereof I have Hist. Angl. Script. col. 1409. referred unto.

The Tryal by grand Assize, instead of that by Battel he likewise insti­tuted Glanvill lib. 2. cap. 7, 8, 9. [Vide Iani Angl. p. 110. & 111.]

And in the year MCLxx. (16 Iustices Iti­verant first constituted. Regni) he constituted certain Iustices Hist. Angl. Script. col. 1410. Itinerant, and sent them into the se­veral Counties of this Realm (as in my Chronological Tables may be more amply seen) to make enquiry, according to the direction of several Articles, concerning delinquencies of sundry kinds.

In the year 1176. ( scil. 22 regni) in a grand Council of his Peers held at Notingham he also assigned Vide An­nal. Rog. Hoved. f. 313. b. more Iustices Itinerant to ride into all the Counties of this his Kingdome; viz. three for every six Counties; and to distribute Iustice to his people, upon all occasions, according to the before-specified Constitutions made at Clarendon, and Vide An­nal. Rog. Hoved. f. 313. b. renewed at Nor­thampton.

In the year 1179. (regni 25.) he sent Annal. Rog. Hoved. fol. 337. a. other Iustices Intinerant likewise into the several Counties of England, to hear the complaints of his people upon all differences, and controversies, and to do them right therein.

And in the year 1180. (27 regni) he made those R. Hoved. f. 350. a. Constitutions for the Assize of Armes, whereby every per­son of what degree soever was as­signed what weapons and Armes for the defence of the Realm, Iani Angl. p. 120, 121. he ought to have.

And lastly, in the year 1188. (scil. 33 regni) having made certain Sta­tutes and Constitutions, in order to an expedition for the Holy land, which were first R. Hoved. f. 365. b. n. 20. framed in Norman­dy; upon his return into England, he Ib. f. 366. a. n. 20. Et Chron. Gerv. Dorobera. inter Hist. Angl. script. col. 1522. K. Rich. I. confirmed them in a grand Coun­cil held by him at his Royal Palace of Gaytinton in Northampton­shire.

To King Henry the second succeed­ed Richard the first, his son; who in An. MCXCiiii. (5 of his reign) con­stituted divers Rules for the proceeding of his Iustices in Pleas of the Crown; which are at large recorded by Annal. parre poster. fol. 423. a. R. Hoveden: Likewise certain Ib. f. 424. a. Statutes touching the Iewes; and concerning [Page 9] Ib. b. Tournaments: As also, that who­soever had any former grants from him, should then come to confirm them under his new great seal.

The next year following, viz. An. 1195. (6 R. 1.) Hubert Archb. of Canterbury and Iustice of all Eng­land, sent the form Ib. f. 430. b. n. 40. of an Oath, to be taken by every man, throughout the whole Realm.

In the year 1197. (8 R. 1.) the said King Richard did establish and constitute Ib. 440. b. n. 10. Vide Chron. Ioh. Brompt. col. 1258. 18. a certain Assise and rule for weights and measures.

The next year following (scil. 1198. 9 R. 1.) he imposed a Ib. f. 442. b. n. 50. Tal­lage of five shilling upon every Plow­land throughout the Kingdome; and Ib. f. 442. b. n. 50. appointed one Clerk and one Knight, with the assistance of the Shi­reeve, to collect the same.

And the same year, he sent Ib. f. 445. b. his Iustices Itinerant into Lincolnshire and the rest of the Northern Coun­ties, to dispatch those Pleas of the Crown, which were not heard by them who went into those parts last.

So also Ib. n. 40. Hugh de Nevill, chief Iustice of his Forests, with strict Ar­ticles of direction, what to enquire of, and how to proceed: which were Ib. 446. a. n. 30. as severe against the transgres­sors upon his venison, viz. to the loss of their Eyes and privy members, as it was in the time of King Henry his Grandfather; and for lesser trespasses upon his Vert; leading of Dogs un­coupled, and carrying or Bows and Arrows, to be at the King's mercy.

Of King Iohn's King Iohn. Constitutions, the first whereof I find mention, is Ex vet. Re­gist. in. archi­vis Cantuar. Archiep. for regulating and moderating the Fees of the great Seal, which had been en­larged in the time of King Richard the first; and reducing them to what they were in the reign of his Father King Henry the II. The next for establish­ing R. Hoved. f. 453. a. n. 10. the prices of Wines: And that he granted MS. penès Archiep. Cant. f. 9. b. n. 7. to Hubert Archb. of Canterbury the liberty of a Mint for coyning of money in that City: As also authority to convert the tenure of such lands, as were held of his Church of Canterbury, in Gavell­kind, into Knights service.

In the second year of his reign he R. Hoved. Annal. f. 465. b. n. 30. ratified the usage of his Exchequer touching such debts as were due to the Crown; the form whereof is set forth by R. Hoveden sub a. 1200.

In the year 1201. (3 Ioh.) he sent his Precept Pat. 3. Ioh. m. 7. to Hugh de Nevill, then chief Iustice of his Forests, for the strict observance of those sharp Laws against all transgressors in them, which were used in the time of King Henry, his Father. And the next en­suing year, he made Pat. 5 Ioh. m. 1. Math. Paris. in an. 1202. and constituted an Assize of Bread, upon the several prices of Wheat.

In the year 1204. (6 Ioh.) he issu­ed out a Proclamation Pat. 6 Ioh. m. 6. against clipt money; and establisht Ib. in dorso n. 3. an Assize for Coynage. And in the same year the Ex lib. rub. in Scacc. fol. 149. b. price of a Sore Goshauke, was by the Kings Iustices fixt at xx ^s. and of a mewed Goshauke at xl ^s.

That the whole reign of this King was very unquiet, is certain enough, the Clergy and Laity all complaining of great and many oppressions: but referring the relation of such discon­tents, whence those troubles arose, unto our Historians; I shall now come to his grant of those two so eminent and memorable Charters; viz. Magna Charta and Charta de Fo­restâ; taking notice only of some cir­cumstances conducing thereto.

About the 14th. Cal. of November in the year 1214. (being the 16th. year of King Iohn's reign) the Earles and Barons meeting Math. Pa­ris. in an. 1214. p. 252. n. 50. at St. Ed­munds-Bury, to confer together about the regaining of the Liberties confirmed by the Charter of King Henry the first (which contained all those that were granted by King Edw. the Consellor) they solemnly swore Math. Pa­ris. in an. 1214. p. 252. n. 50. there, at the high Altar; that if the King should refuse to ratify them, they would forthwith but themselves in Armes, and withdraw their allegi­ance from him, untill such time as by his Charter sealed he would con­descend thereto. And they farther concluded; that after Christmass following, they would all of them re­pair unto him, to represent these their desires; and in the mean time, make such provision of Horse and Armes; that in case he should recede from his Oath, viz. to restore the [Page 10] Laws of his ancestors; especially those of St. Edward; and to do right to every one, (which he made at Ib. p. 239. n. 10 Winchester upon the day of St. Margaret the Virgin the foregoing year) they would by seisure of his Castles compell him thereto.

Which accordingly they did, Ibid 253. p. 30. coming in a warlike posture, he then Lodging in the New-Temple at Lon­don; and there chardged him with his said Oath made at Winchester.

The King seeing himself in this straight, by reason of their strength and power, desired respite till Ibid. n. 40. the Clause of Easter, to the end he might the better consider what was fit for him, in respect of his Kingly dignity, to do: whereupon after long dis­course had, he giving Ibid. n. 40. pledges that he would satisfy them at the time prefixed, they departed to Ibid. n. 40. their se­veral homes.

But after this; consulting his own safety, he required all his subjects throughout England, to renew Ibid. their Fealties and Homage: and that he might the better secure himself, he assumed Ibid. the Cross, upon the Feast day of the Purification of the blessed Virgin next ensuing; esteeming, that so doing, it might be some kind of protection unto him.

But the Barons, who had got Ibid. n. 50. to their party wellnigh all the Nobility of the Realm; resolving to carry on their designs with power, met Ibid. n. 50. at Stamford in Easter-week with a ve­great Army; and on the Monday fol­lowing, came Ibid. p. 254. n. 10. to Brackley: unto which place the King Ibid. p. 254. n. 10. sent the Archb. of Canterbury, Will. Ma­reschall Earl of Pembroke, and some other discreet persons, to know of them what Laws and liberties those were which they required.

To whom they (sc. the Barons) delivered a Ibid. p. 254. n. 10. schedule, which did, for the most part contain the an­tient Laws and Customes of the Realm; expressing, that if the King should refuse to confirm them to him by his sealed Charter; they would make seisure of his Castles, untill he did condescend thereto. Which Schedule being brought to the King by the said Archb. and the rest; he in great Fury Ibid. n. 20. told them, that he would never grant unto them such liberties, whereby he should be made their servant:

Whereof the Barons having no­tice, they forthwith made choice Ib. n. 30. of Robert Fitz Walter (one of their num­ber) to be their General, calling him the Marshall of the Army for God and holy Church: and thereupon betook Ib. n. 30. themselves to their Armes; and grew so numerous, that the Londoners soon gave them entrance Ib. n. 50. into that great City without any noyse of resistance; and divers of the Nobility, who were with the King, did also Ib. p. 255. join with them. So that, being in this mean and forsaken condition, having scarce Ib. p. 255. n. 20. seaven Horsemen left with him, he sent Ib. n. 30. Will. Marshall Earl of Pem­broke to them, with some others; to signify, that he would meet them up­on a fitting day, and at some proper place, to compose all differences, and to satisfy their demands: which was accordingly done, soon after, in a fair large Meadow (called Quod inter­pretatur pra­tum consilii; eo­quod, ab anti­quis temporibus ibi de pace reg­ni foepiùs Con­silia tracta­bantur. Flor. Hist. in Anno 1215. Runnimede) Ib. n. 30. situate betwixt Stanes and Wind­sore; where he ratifyed Vide teno­rem earundem in Annal. Math. Paris. An. 1215. p. 255. &c. Et lib. rub. Scace. f. 234. the Char­ter of liberties, called Magna Charta (quae ex parte maximâ Leges antiquas, & regni consuetudines continebat, saith Math. Paris.) and likewise that of the Forests, called Carta de Forestâ.

But when he had performed all this, being not satisfied that it stood with the dignity of a King, to be thus constrayned and forced; repenting of what he had done, he caused Math. Paris p. 269. An. 1215. his Castles to be manned and fortified, and Math. Paris. p. 264. n. 50. sent Messengers to Pope Inno­cent the 3 ^d. offring to hold this his Kingdome of him as his feudary, in case he would by his Apostolical power Cancell these Charters: Whereunto the Pope agreeing, he sent Ib. p. 266. n. 10. him his Bull to that purpose, bearing date ix. Cal. Sept. xviii. Pon­tificatus sui: And excommunicates Ib. 270. n. 40. the said Barons. Upon which they Ib. 278. n. 40. called in Lewes son to the King of France, and chose him their King.

But soon after this King Iohn de­parted Ib. p. 288. this life, which put a pe­riod [Page 11] to these great distractions for a time.

For to him succeeded his Son King Henry the third, K. H. 111. then about the age of ix. years; who, being solemnly brought to the high Altar in the Church of Westminster by Ib. p. 289. n. 20. Walo the Popes Legate, and the Bishops and Noblemen of England; and ta­king his Oath, Ib. p. 289. n. 20. that he would bear re­verence to God and holy Church, and ex­hibit Iustice to his people; abolish all evill Laws and Customes, as also cause the good Laws to be observed &c. was then Crowned: Whereupon he re­ceived Ib. n. 30. the Homage and Fealties of all his Nobles, the famous William Marshall Earl of Pembroke being then chosen Governour Ib. n. 40. of his per­son, and of the Kingdome: And shortly after caused those Charters, so ratified by his Father (as hath been said) to be proclamed Claus. 2 H. 3. m. 11. in dorso. in the several Countries of this Realm.

But forasmuch as he was then young, and therefore what he did be­ing not held valid; the Archbishop of Canterbury with the rest of the Peers, on the Octaves of the Epiphany, in the year 1223. (which was in the eighth year of his reign) Anno 1223. 8 H. 3. M. Paris. p. 316. n. 50. Flor. histor. per Math. Westm. required his further confirmation of those their Laws and Liberties, for which they had so much contested with his Fa­ther: alleging, that upon the de­parture of Lewes (son to the King of France) out of England, both him­self and all the Nobility of this Realm, did make Oath, that those Laws and Liberties should be kept and preserved inviolable.

Unto which demand William de Briwere, Flor. histor. one of the said Kings Coun­cil answered, Math. Paris. p. 316. n. 50. that they having been by force extorted from him, ought not to be observed: But the King, well remembring the Oath which he had taken (as my Author saith) re­solved not to break it; and therefore upon mature advice, sent his Pre­cepts Ib. 317. to all the Shireeves through­out this Realm, requiring them; that they should cause enquiry to be made in their several Counties, by twelve Knights or other lawfull men, upon Oath, what Liberties those were, which the people of England en­joyed in the days of King Henry, his Grandfather (viz. King Henry the 2 ^d.) and to make return thereof unto the King, within xv. dayes next after Easter ensuing.

But herein there was nothing at that time done: howbeit, about two years after, Anno 1225. (9 H. 3.) viz. in the year 1225. (9 H. 3.) the King celebrating the Feast of the Nativity of our blessed Saviour, at Westminster, with all befitting solemnity, Ibid. p. 323. n. 10. praesentibus Clero & populo cum Magnatibus regionis, the Clergy, Commons and Peers being pre­sent; Hubert de Burgh (then the Kings Chief Iustice) acquainted Ibid. p. 323. n. 10. them with the losses and injuries which had been done to the King in the parts beyond Sea; whereby not only the King himself, but many of the Earls and Barons had been disherited: And as the grievance was general, so he told them that the remedy ought to be: wherefore he desired, Ibid. p. 323. n. 10. not only their advice, but their assistance for recovery of the antient rights and dig­nities which the Crown of England had lost in those parts: representing further to them, that a full xvth. of all the moveable goods belonging to the Clergy and Laity throughout the Realm, might, as he thought, ac­complish the same. Unto which the Archbishop of Canterbury and the rest of the Bishops, Earls, Barons, Abbots &c. with great deliberation, answered; Ib. n. 20. that they would cheer­fully comply with these his propo­sals, so that he would grant unto them their long desired Liberties: and made Claus. 9 H. 3. in dorso m. 13. performance thereof accordingly.

Whereunto the King then assent­ed; Math. Pa­ris. p. 323. n. 20. [Vide eti­am Claus. 9 H. 3. in dorso m. 14.] forthwith causing several Char­ters to be Sealed with his Seal; and sent Math. Pa­ris. p. 323. n. 20. [Vide eti­am Claus. 9 H. 3. in dorso m. 14.] into every County of this Realm: and into those Counties, wherein any Forest lay, he sent two; viz. one of their Common Liberties, and the other of the Liberties of the Forest.

All which being done, a certain day was appointed, within a Month after Easter, that xii. Knights, or other lawfull men should be chosen Math. Pa­ris. p. 323. n. 20. [Vide eti­am Claus. 9 H. 3. in dorso m. 14.] out of every County, who upon Oath should distinguish betwixt the [Page 12] new and old Forests; so that all those that were afforested after the first Coronation of King Henry the 2 ^d. (Grandfather to the then King) might be deaff [...]rasted.

And accordingly the said Hugh de Nevill (chief Iustice of the Forests) and Brian de L [...]isle, with other special persons assigned, were sent [...] p. 324. n. 3 [...]. through­out all England, for to make choice of xii. Knights or other freemen, to p [...]rambulate the bounds of the Fo­rests, upon Oath; and determine what should remain, and what be de­afforested: All which in every respect was punctually [...] performed.

But notwithstanding all this, about two years after, in a great Council held at O [...]ford, in the Month of Fe­bruary; the King declaring [...] himself then to be of full age, and thence­forth out of tutelage; expressed, [...] that he would for the future take the reigns of Government into his own hands; and thereupon quitted the Bishop of UUinchester as his Guar­dian; and applyed M Paris [...] p. 336. n. 30. himself to the Counsells of Hubert de Burgh his Chief Iustice.

And at this Convention, he caused M Paris [...] p. 336. n. 30. all the Charters of the Liberties of the Forests throughout the whole Realm, [...] to be cancelled, after they had been enjoyed two years: prae­tending that they were obtained from him in his minority, whilst he was in Custody, and had neither power over himself nor his Seal, and therefore ought not to be of force.

At that time also it was made M. Paris. p. 336. n. 40. known to all persons, aswell religious as others; that they who desired a confi [...]mation of their Charters of Li­berties, Nov [...]m Sigil­pu [...]. should have them renewed and sealed with his new Seal; foras­much as the King would not repute any to be valid, Flor. hist. which were not so ratifyed; paving for the same accord­ing to their abilities, which was left to the discretion of the chief Iu­stice.

But these things so startled the Ba­rons, that on the Ides of Iuly then next following, they petitioned [...] 7. n. 40. the K [...]g, in a kind of minatory way, that, he would forthwith restore un­to them these their Charters of the Forest Liberties, sealed, which he had caused so to be cancelled at Oxford: unto whom for the present he only gave good words, but afterwards, viz. in 21 of his reign, having in a full convention of the Archbishops, Bi­shops, Earls, Barons, Knights and freemen of England met together at UUestminster, in Parliament, on the Octaves of S. Hillarie, which is the 21th. of Ianuary, obtained a grant Claus. 21 H. 3. in dorso m. 8. of the xxxth. part of all their mo­vable goods, upon the 28th. day of the same Month he sealed them a new Charter Autogr. in bibl. Cotto [...]. in confirmation of the former, which he so made in his mi­nority, whereunto all the Lords Spiri­tual and Temporal then assembled in that Parliament, as it seemeth (for the greatest part of them are specially named) were witnesses, and upon the xvith. of March then next following, he issued out his special Claus. 21 H. 3. m. 15. Precept to all the Shireeves of this Realm, to publish them again, and see them firmly observed.

Nor was all this thought enough, for in the Parliament held at Marle­bridge in 52 of his reign he Stat. de Mar­lebridge cap. 5. ratified them again.

It would be too great a step out of my way, to tell the whole story of the particular discontents and diffe­rences that hapned after this, betwixt many of the then most potent Peers, and the King, which continued henceforth more or less, till neer the end of his long reign.

But my business here, being chiefly to point at the Laws, which were made in this Realm, in those elder times; and not to descend lower than these memorable Statutes of Magna Carta and Carta de Forestâ, I will now hasten, to the full and final confirma­tion of them, which was not abso­lutely accomplisht till the xxvth. year of King Edward the first: resol­ving to touch upon no other Laws, made in this Kings reign, or after, forasmuch as they are all made pub­lick by the Press, in sundry Volumes since the time of King Henry the eighth.

Having therefore allready taken notice, that Magna Carta and Carta de Forestâ, first made by King Iohn, and [Page 13] ratifyed by this King, in the 9th. year of his reign (he being then, but xix. years of age) were cancelled at Ox­Ford, about two years after; I shall now shew the cause, why the Con­firmations of them in this Kings time, were not kept inviolable, but that they were again ratified by his son and successor King Edward the first.

Most certain it is, that the Nobi­lity, in those days enjoying vast posses­sions, had no small retinues: nay some of that Degree esteemed them­selves no less than petty Princes, as may seem from that bold answer gi­ven by Iohn Earl Warren, when he was called before the King's Iustices, to shew by what title he held his lands.— Produxit in medium (saith my MS. in bibl. Bodl. inter [...]o­dices Digh. [n. 170.] f. 17. b. Author) Gladium antiquum eva­ginatum; & ait, Ecce Domini mei, Ec­ce warantum meum! Antecessores mei, verò, cum Will. Bastardo venientes, conquesti sunt terras suas Gladio, & easdem Gladio defendam à quocun (que) eas occupare volente: non enim Rex terram per se devicit & subjecit, sed progeni­tores nostri fuerunt cum eo participes & coadjutores. He drew out an old Sword, and told them, by that title he held them: for my Ancestors (quoth he) coming into England with William the Ba­stard, acquired their lands by the Sword; and by the Sword I resolve to hold them, against any man who would have them: For he did not Conquer and subdue this Nation of himself; but our progeni­tors were sharers and assistants with him, &c.

And as their estates and power was very great, so were their animosi­ties one against another; some being not willing to endure any equal, others no superior: insomuch, as by fomenting discontents and jealousies amongst the vulgar (with whom they had no small interest) they at length got themselves into a warlike posture; in which, discerning their strength, and how far they had possest the people with a dislike of the Govern­ment, by infusing into their giddy heads strange fears of oppression and slavery from the King; and what glorious Reformers they themselves would be, they came, at length to Oxford, with a powerfull Army, and there forced the Kings consent to cer­tain Ordinances of their own framing; which, in substance were no other, than to devest him of his Soverein Power, and to plant it in themselves, leaving him nothing but the name of a King. In order whereunto, after the overthrow of that Army in the Battail of Lewes (which he had rai­sed for his defence against those their Usurpations) and the gaining of his person, and the person of Prince Ed­ward his eldest Son into their hands; they, in his name summoned a Par­liament, of such of the great Barons and others, who were of their party (as by the Writs Claus. 49 [...] H. 3. in. 11 [...] in dorso, in s [...]edulâ. bearing date at UUorcester 14 Dec. and at Wood­stoke 24 Dec. 49 H. 3. appeareth) to meet at London on the Octaves of St. Hillary then next ensuing: and likewise directed Precepts Claus. 49 [...] H. 3. in. 11 [...] in dorso, in s [...]edulâ. to every Shireeve through England, to send thither two Knights out of each County; as also to the Cities and Burroughs, the like number of Citi­zens and Burgesses; and to the Ba­rons of the Cinque-ports a certain number of their discreetest men; whereby they might with the faire [...] colour settle the Realm, and please the people with some shadow of those fair Liberties, for which they so long had seemed to contend: But the little less than miraculous escape of Prince Edward out of their Custo­dy, hapned soon after; by which means, he giving them Battail at Evesham, about the beginning of Au­gust following, obtained so cleer a Victory, as did then put an end to their usurped power.

Having spoken thus much by way of Preamble, Magna Car­ta. touching the confirma­tion of those two notable Charters (viz. Magna Carta, and Carta de Fo­restâ) I now come to the thing it self; which was done Chron H. Knighton col. 2511. & 2512. in the Parliament held at Chron. W. Thorne col. 1977. l. 24. Linco [...]ne in the 25th. year of King Edw. the first's reign. By which Act it was appointed; Annal. [...]. Walsiagh. in a. 1298. that there should be sent into every Coun­ty of this Realm, the formal recitall and solemn Confirmation of them both, under the said King's great Seal, aswell to his Iustices of the Fo­rest as others; and to all Shireeves [Page 14] of Shires; and all other the King's Officers, as also to all the Cities throughout the Realm, together with the Writs, in which were contain­ed the full cause of the publication thereof; and likewise a command to let the people know, that the King had so confirmed them in all points: And that all his Iustices, Shireeves, Mayors, and other Ministers, who under him had the Laws of the land to guide, should allow them in judg­ment, so oft as they might happen to be pleaded, before them; viz. the great Charter as the Common Law, and the Charter of the Forest for the wealth of the Realm. All which was done accordingly; and senten­ces of Excommunication and Exe­cration pronounc'd, by Robert Kil­warby at that time Archb. of Can­terbury, against the Violaters, and Infringers of them: For which Con­firmations the said King had then a grant T. Wal [...]. ut supra. from the Commonalty of this Realm, of the ixth. peny of their goods, and from the Clergy of the Province of Canterbury a xth. and of Yorke a fifth.

But the next year following, Pope Clement the 5th. revoked this Sen­tence of Excommunication, as by his special Bull (a Copy whereof I have Penes Math. Hale eq. aur. Capi [...]lem Ba­ronem S [...]a [...]. An. 1663. seen) appeareth, which (though it needed not) might perhaps occasion that further Confirmation of those Charters, together with the addition T. Wal [...]. in. An. 1301. of certain Articles, directing how the transgressors against them should be proceeded with, made in the Par­liament held at London 28 E. 1. cal­led Articuli super Cartas.

BY what hath been said, it cleerly therefore appearing, that these good and wholsome Laws were made by the antient Kings of this Realm; is is not to be doubted, but they were so framed upon great and mature deliberation had and taken with the most eminent men for pow­and prudence in their respective Do­minions; Cap. 5. the Convention of which persons, was by the Britans called Kyfr-y-then, by reason that Laws were therein made: for that they had such meetings before the Romans arrival here, may very well be inferred from the words Lib. 5. de bello Gallico. of Caesar—Summa im­perii belli (que) administrandi, communi concilio permissa est Cassibellano. And Tacitus seems to ascribe the success that the Romans had at last against them, unto their neglect in the due holding of such publick and common Councills— Tacitus in vitâ Agric. cap. 12. quod in commune non consulerunt.

By the English Saxons these As­semblies were termed ƿitena gemote, id est a meeting of Wise men.

It is reported by Venerable Beda, K. Ethelbert. Lib. 2. cap. 5. Eccl. hist. of Ethelbert King of Kent (of whom I have already made mention) that —inter caetera bona, quae genti suae con­sulendo conferebat, etiam Decreta illa Iudiciorum, juxta exempla Romanorum, cum consilio Sapientum constituit: quae, conscripta Anglorum sermone, hactenùs habentur &c.—That amongst other good things he did, for his people, he constitu­ted Laws, with the advice of his wise men, according to the example of the Ro­mans. Whence D ^r. Duck, in that learned discourse De usu & authoritate Iu­ris Civilis Rom. in Dominiis Principum Chri­stianorum. Im­pr. Lond. 1653. p. 134. of his lately pub­lish'd, observes; that though we find but few footsteps of the Roman Laws amongst the Saxons and Danes, as more minding such as might best curb the Britans and English: yet those of their Kings, who excelled others in piety and virtue, did in their Decrees, and making of Laws, often imitate the Romans: and herein doth instance King Ethelbert, beforemen­tioned, of whom Beda so makes mention; that he did frame his Lawes cum consilio Sapientum juxta exempla Romanorum.

Which practice of King Ethelbert was not unsuitable to that of the Ger­mans, from whom their offspring, the Saxons (our ancestors) might most likely take their pattern: for Tacitus, De moribus Germanorum. speaking of their Custome in Law­making, saith— De minoribus rebus principes consultant; de majoribus om­nes: ita tamen, ut ea quo (que) quorum pe­nès [Page 15] plebem arbitrium est, apud principes pertractarentur.

But to descend lower: King Ina. of Ina King of the West-Saxons, I find, that he thus begins his Laws. Chron. Ioh. Brompt. col. 761. l 40. Ego Inâ, Dei gra­tiâ, West Saxonum Rex, exhortatione & doctrinâ Ceonridi patris mei, & Heddae Episcopi mei, Vide. Coke's Reports lib. ix. in Prooem. Et Iani Angl. p. 124. & Herchenualdi Episcopi mei, & omnium Aldermannorum meo­rum, & seniorum sapientum Regni mei, multâ (que) congregatione Servorum Dei; sollictus de salute animarum nostrarum, & de statu Regni mei, constitui &c. Here is the advice and counsel, we see, of two Bishops, and all his Earls, with other persons of his Kingdome, eminent for their wisdome.

The next is King Alfred, K. Alfred. who be­ginning his reign in the year DCCC-Lxxiii. thus expresseth— Ib. col. 820. l. 7. Ego tunc Aelfredus Rex, haec collegi &c. consilio sapientum meorum &c. To the like purpose doth King Athelstan K. Athelsta [...] begin Ib. col. 850. l. 9. & 855. l. 40. his; and King Edmund K. Edm [...] Ib. col. [...]59. l. 42. his. So King Edgar, King Edgar. Ib. col. 871. l. 13. Hoc est Institutum, quod Edga­rus Rex consilio sapientem suorum insti­tuit &c. A [...] that also in a Parlia­ment held at Sa [...]sbury, cunctis Ib. col. 866. l. 51. Reg­ni proceribus congregatis. And likewise King Ethelred K. Ethelred. Ib. col. 893. l. 66. & col. 895. l. 65. Rex & Sapientes sui condixerunt &c.

King Canutus K. Canute. begins his thus; Ibid. col. 914. l. 26. & col. 922. l. 35. Haec sunt Instituta Kanuti Regis Anglorum, Danorum, & Norwiganorum, veneran­do Sapientum ejus consilio &c.

Now who these Sapientes were, may best as (I presume) be discerned from the words of Ingulphus (taken notice of by the learned Selden) where speaking of King Eldred, he saith; that, S [...]ld. tit. of Honour p. 633. in Festo Nativi [...]atis beatae Ma­riae, Anno DCCCCxlviii. universi Mag­nates regni; per Regium edictum summo­niti; tam Archiepiscopi, & Episcopi, ac Abbates, quàm caeteri totius Regni pro­ceres, & optimates, Londoniis convene­rant ad tractandum de negotiis publicis totius Regni, which words optimates be­ing here, in the place of seniorum sa pientum, in the preamble of Ina's Law before recited, may (doubtless) as­well be interpreted to include the re­presentatives of the people, or Com­mons, as those words of seniorum sa­pientum in M ^r. Lamb. Ar­chaeon edit. Lond. 1635. p. 249. & 250. Lambard's conceipt do: Parliament who saith; that the Assemblies of such as the King convened, being in some old Laws called ƿitena gemote, id est, a meeting of the wise men, and in Ib. p. 252. others Commune Concilium, id est the Common-Council of the Realm, did involve the Commons: And to enforce the argument more strongly, doth note; Ib. p. 259. that those Townes, which were the antient demesne of the Crown (id est in the possession of King Ed­ward the Confessor, and his ancestors) having ever since prescribed to be pri­vileged from sending Burgesses to Parliament; it must consequently follow, that there were Parliaments before that time, unto which they of other places did send Burgisses.

Against which opinion, K. Edward. Confessor. I shall not take upon me to argue; but rather from the words of King Edward the Confessors Laws; Lamb. de priscis Angl. leg. Cap. 8. f. 128. 8. which were made à Rege, Baronibus & populo, conclude, that the Commons were then repre­sentated in some or other manner.

And thus much for the Saxons times in which we have so little light: Et. R. Hoved. f. 343. b. l. 50. I come now to the practice af­ter the Norman Conquest; wherein the first guide to me, is an old In bibl. Bodl. inter cod. MS. per w [...]l. Ar­chiep. Cant. l. [...]ollatas [E. 80. fol. 64. b.] Chro­nicle, written in King Stephens days; which speaking of King William the first (commonly called the Conque­rour) —thus goeth on Eac he ƿaer sƿiðe ƿurdfulle: Þriƿa he baer hir cynehelm▪ aelc geare sƿa oft sƿa he ƿaer on Englalande: on Eastron he hine baer on ƿceastre on Pentecosten on ƿestmynstre, on mideƿintre on gleaƿceastre; & þen ƿaeron mid him ealle þa rice men ofer ealle Englalande, arcebiscipas & leodbs abbodas & eorlas þegnas & cnihtas.

id est— K. William Conq. Also he was a person of great worth (or honour) Thrice he wore his Crown each year, as oft as he was in England: At Easter he bore it at Winchester; at Whitsontide at Westminster, and at Christmass at Gloucester; and then were with him all the wealthy (or potent) men through­out England, Arch-Bishops, Bishops, Abbots, Earls, Barons, and Knights. Whence may be inferred; that, if those meetings were his Communia Concilia (as doubtless they were) then did some of those represent the com­mon [Page 16] people. For that they were re­presented in his great Councills, seems cleer to me; partly from this observation of Rog. Hoveden. In An. 10 [...]0. p. 60 [...]. viz. Willielmus Rex, quarto anno regni sui, Consilio Baronum suorum, fecit summo­niri per universos Consulatus Angliae, Anglos nobiles & sapientes, & suâlege eruditos; ut eorum & jura & consuetu­dines ab ipsis audiret: electi igitur de singulis totius patriae Comitatibus viri xii jure jurando confirmârunt; Primò, ut quoad possent, recto tramite, ne (que) ad dextram, ne (que) ad sinistram partem diver­tentes, Legum suarum consuetudinem, & sancita patefacerent: nil praetermit­tentes, nil addentes, nil praevaricando mutantes: A Legibus ita (que) sanctae ma­tris Ecclesiae, sumentes exordium &c.

And partly from what Sulcardus, MS. in bib [...] Cotton. sub ef­fig [...] Vespasiani A. 1 [...] sometime a Monk of Westmin­ster, hath noted; viz. that the said King in his Charter of ratification of the liberties of that Church, after he had subscribed his own name, with the sign of the Cross, adding many of the Clergy and Nobles; instead of cum multis aliis, hath these words— multis praeterea illustrissimis virorum personis, & Regum principibus diversi ordinis omissis, qui suniliter huic confir­mation [...], piissimo affectu testes & fautores fuerunt. Hii etiam illo tempore à regiâ potestate è diversis provinciis & urbibus, ad universalem Synodum, pro causis cu­juslibet Christianae Ecclesiae audiendis & tractandis, ad praescriptum celeberrimum Synodum, quod Westmonasterium, di­citur, convocari &c.

Whether any solemn Convention of this kind was held by King William the 2 ^d. K. VVilliam Rufus. (commonly called William Rufus) I cannot say: but certain it is, that when his Brother Robert, purpo­sing an expedition to the Holy land, sent to him to borrow ten thousand marks of Silver, with promise he should have Normandy in pledg for it; to satisfy his desire therein, he requi­red from the great men of England, a loan of what money they were able to spare: Whereupon, sayes my Au­thor, [...] Impr. [...]) Idem. [...] Hoved. the Bishops, Abbots, and Ab­besses brake in pieces the silver and gold Ornaments of their Churches; the Earls, Barons, and Shireeves, suos milites & villanos spoliaverunt, & Regi non mo­dicam summam auri & argenti detule­runt —id est, took from their Te­nants and brought a great deal of gold and silver to the King.

Whence it being clear, that the Lords then answered for their Te­nants; it may the more likely be presumed, that they at other times represented them in all great and publick Councills.

Of King Henry K. Henry I. the first it is cer­tain, Math. Paris. Iani Angl. p. 78. that per Commune Concilium Ba­ronum he was Crowned; which words, as the same Mr. Lambard Archaeon p. 261. deemeth, do signify the Commonalty as well as the Nobles; considering, that the Germans do render the word Baro, by Frehere; id est, a Freeman: whence it was (saith he) that the Ci­tizens of London were at that time called Barons, and the Burgesses of the Cinqueports ever since been known by that name; as also, that the Courts in every Mannour are tearmed Courts Baron, though the Lords of them are of no higher de­gree than Gentlemen: And he fur­ther addeth; Ib. p. 262. that it is not altoge­ther without ground said; that both the Nobility and Commonalty of the Realm were meant under these words, viz. the Barons of the Realm, and the rather, because that expression is accompanyed with the word Com­mon Council, by which all our VVrits grounded upon old Statutes, do in­tend the Parliament; and that our old Historian Math. Paris. doth after­wards use the words Communis assen­sus Baronagii when he purposeth to signify a just Parliament: and more­over, the better to illustrate that it is so meant, he voucheth this VVrit, Pat. 6 Ioh. in dorso. directed by King Iohn to the Shi­reeve of Roteland in 6 of his reign, viz. Rex. &c. Vicecomiti Roteland &c. Sciatis, quod provisum est, cum as­sensu Archiepiscoporum, Comitum, Ba­ronum, & omnium fidelium nostrorum Angliae, quod novem milites per totam Angliam, inveniant decimum militem, benè paratum, equis & armis, ad defen­sionem Regni nostri: Et quod illi novem mi­lites invenient decimo militi, quolibet die, duos solidos ad liberationem suam &c.

[Page 17] It appears Chron Ioh. Brompton col. 1166. l. 61. also, that the same King Henry the first, in An. 1103. iii. Kal. Aug. Clero & populo ad Concilium Londoniis congregato, astantibus Ar­chiepiscopis & Episcopis, caetera (que) mul­titudine maximâ procerum & magnatum, statuit &c.

And that King Henry the second held a great Council at Clarendon in An. 1164.—concurrentibus Epis­copis & proceribus, are the words Ymag. Hist. col. 536. l. 52. of Radulfus de Diceto;—congregato Clero & populo quoth R. Hoved. in an. 1164. (p. 493. l. 12.) R. Hoveden: who further speaking of the transactions there, saith Ibid. l. 23.—tunc praecepit Rex uni­versis Comitibus & Baronibus Regni &c.

And Benedictus Abbas in the life of the same King Henry the 2 ^d. hath this expression In bibl. Cot­to [...]. sub effigie Iu [...]i A. 11. f. [...]2. b.. An. MCLxxvi—Cir­cafestum S. Pauli venit dominus Rex us (que) Northampton, & magnum ibi celebravit Concilium de Statutis regni sui, coram Episcopis, Comitibus & Ba­ronibus terrae: & coram eis, per consi­lium Regis Henrici filii sui, & per con­silium Comitum, & Baronum, & militum, & hominum suorum, hanc subscriptam Assisam fecit, & eam teneri praecepit, scil. quod Regnum suum divisit in sex partes, per quarum singulas, tres Iusticias constituit, quorum nomina haec sunt, & sic Provincias inter eos divisit.

Hugo de Cressi &c.

So likewise King Richard the first in An. 1189.— Chron. Ioh. Brompton col. 1166. l. 61. congregatis Episco­pis, Comitibus, & Baronibus Regni sui, Parliamentum Londoniis &c. habuit.

From which testimonies it may seem that the people were in some sort represented.

But that which makes it most evi­dent, by whom they were so repre­sented, is King Iohn 's great Charter in 17 of his reign; whereby he con­firmed See the last Chapt. where he swore to re­store the Laws of his ance­stors, especial­ly of King Ed­ward. to the people of England, their antient rights and liberties, for which they had so much contended; the words whereof run thus—Nul­lum Scutagium vel Auxilium ponam in Regno nostro, nisi per Commune consilium Regni nostri; nisi ad Corpus nostrum re­dimendum; & ad Primogenitum filium nostrum militem faciendum; & ad Pri­mogenitam filiam nostram semel maritan­dam &c. he goes on—Et ad haben­dum Commune Consilium Regni de Aux­iliis assidendis, aliter quàm in tri­bus casibus praedictis; & de Scutagiis assidendis, submoneri faciemus Ar­chiepisopos, Abbates, Comites, & majo­res Barones Regni, singillatim, per lite­ras nostras: Et praeterea faciemus sub­moneri, in generali, per Vicecomites & Ballivos nostros, omnes alios qui in Ca­pite tenent de nobis, ad certum diem, scil. ad terminum xl. dierum ad minus, & ad certum locum in omnibus literis submoni­tionis illius, causam submonitionis illius exponens: Et sic, factâ submonitione, nego­tium procedat ad diem assignatum, secun­dùm consilium eorum, qui praesentes fue­rint, quamvis non omnes submoniti venerint.

Now that all the Peers had, of antient right, their particular Sum­mons accordingly, is evident enough from the testimony of Math. Paris; Impr. Tiguri an. 1606. p. 188. who speaking of that Parliament held at Westminster in A ^o. MCCLv. 39 H. 3. and that divers of the Peers for want of Summons were absent, saith; that the rest of the Barons re­fused to answer the Kings proposals then made unto them, for this reason — quod omnes tunc temporis non fue­runt, juxta tenorem magnae Chartae vocati; & ideo, sine paribus suis, tuno absentibus, n [...]llum voluerunt tunc responsum dare.

And forasmuch as from the words of that great Charter (before ex­prest) it may be inferred, that the same was no new grant to the people of England, but a Confirmation of their antient rights and liberties (as hath been said) it must then necessa­rily follow; that the persons, who held of the King in Capite, were the representative of the most of the Commons, called Vide Sel­dea's Tit. of Honour p. 708. by some Barones minores; for that the whole body of the Parliament had the title of Baro­nage, appeareth by King Henry the 3 ^ds. VVrit to the Shireeve of Here­fordshire in these words Claus. 17 H. 3. m. 7.— Rex Vi­cecomiti Heref. Praecipimus tibi, quod, si aliqua gens armata, per Ballivam tuam, contra provisionem nuper factam apud Gloucestriam, de communi consilio Bar­nagii nostri, & per totum Regnum de­mandatam, ad pacem & tranquillitatem Regni nostri servandam &c. and that the dependent Tenants consent was included in the assent of his imme­diate superior Lord, whose presence [Page 18] was ever so required in those great Councills, need not I think be doubted.

Not were the Commons other­wise represented than by these Te­nants in Capite for the most part of King Henry the 3 ^••. reign, for ought I can yet discern; it being evident, that the said great Charter was con­firmed in the 9th. year of that King, per Commune consilium totius Regni.

But in 49 H. 3. the rebellious Ba­rons, having at the battail of Lewes got the King and Prince into their power (as in the last Chapter hath been said) they caused VVrits to be sent out in the Kings name, and under his Seal; in which, signifying the Kingdome to be then in Peace and quiet, and the Kings desire to estab­lish the same to the honour of God, and benefit of his people, they issu­ed out Summons to divers Bishops and Abbots, and to such of the No­bility as were of their party, to meet at London on the Octaves of St. Hil­lary: and likewise [...]. Precepts to all the Shireeves of the Realm, to send thither two Knights out of each Coun­ty, as also to the Cities and Bur­roughs the like number of Citizens and Burgesses, and to the Barons of the Cinque-ports a certain number of their discreetest men— nobiscum, ac cum praedictis Praelatis, & magnatibus nostris, quos ibidem vocari fecimus, su­per praemissis tractaturi, at (que) consilium impensuri—to treat with him the said King, and with the Prelates and great men of the land, touching the premisses, and to give their advice.

From what therefore hath been spoken, it may seem that the people of England, in those great and pub­lick Councills, were from the time of the Norman Conquest represented by such as held of the King in Capite, untill the said 49th. of H. 3. but then by two Knights for each County, and certain Burgesses for several Bur­roughs, and Barons for the Cinqu [...] ­ports, as appeareth by this short me­morial, which is entred upon Record Ibid. with that VVrit of Summons to the Peers, viz.—Item mandatum est sin­gulis Vicecomitibus per Angliam, quod venire faciant duos Milites, de legalio­ribus & discretioribus militibus singulo­rum Comitatuum, ad Regem London. in Octabis praedictis in formâ praedictâ.

Item in formâ praedictâ scribitur Ci­vibus Ebor. Civibus Linc. & caeteris Burgensibus Angliae, quod mittant &c.

Item in formâ praedictâ mandatum est Baronibus & probis hominibus quinque portuum &c.

Howbeit (which is observable) this Precept of King Henry the 3 ^d. to send two Knights for each County &c. was when the Barons had him in their power, and exercised Regal au­thority in his name: and though there were several Parliaments in K. Edw. the firsts time before the 23th. year of his reign, yet there is no te­stimony left to us upon Record, of any Summons unto them till that year; and then the Writ Claus. 23 [...]. 1. m. 4. [...] dorso. to the Shi­reeves was thus— tibi praecipimus, fir­miter injungentes, quod de Comitatu praedicto, duos Milites, & de qualibet Ci­vitate ejusdem Comitatus, duos Cives, & de quolibet Burgo duos Burgenses, de discretioribus, & ad laborandum poten­tioribus, sine dilatione eligi; & eos ad nos, ad praedictos diem & locum venire facias; ita quod dicti Milites plenam & sufficientem potestatem pro se & com­munitate Comitatus praedicti; & dicti Cives & Burgenses pro se & communi­tate Civitatum, & Burgorum praedicto­rum divisim ab ipsis tunc ibidem habe­ant, ad faciendum quod tunc de Com­muni consilio ordinabitur in praemissis.

VVhich form continued till 6 E. 2. and then the words run— Claus. 6 E. 2. in dorso m. 12. ad fa­ciendum & consentiendum hiis, quae tunc ibidem de Communi consilio dicti regni nostri, favente Domino, ordinari conti­gerint; the like whereof hath conti­nued ever since to this day: that to the Peers being— super praemissis (id est diversis arduis & urgentibus negotiis, nos & statum Regni nostri, ac tranquilli­tatem & quietem populi ejusdem Regni intimè contingentibus, for the most part till 31 E. 3. but then & Ecclesiae Anglicanae praecipuè concernentibus, was added) tractaturi, & consilium impen­suri. At which time, it seemeth, that the Lords with their then numerous attendants were entertained at the Kings chardge: for I find, that VVrits bearing date the 30 ^th of [Page 19] August, next ensuing the date of the Summons of a Parliament held that year (which was 6 Iulii before) were directed to the Shireeves of these fol­lowing Counties, for provision of Oxen, Muttons, and Hoggs at certain prices, for the said King's Houshold, in respect of his then residence at Westminster; viz. to the Shireeve of Devon for CC. Oxen and a thou­sand Muttons: To the Shireeve of Hantshire for CCC. Oxen two thou­sand Muttons and two hundred Hoggs: To the Shireeve of Somer­set and Dorset for six hundred Oxen and a thousand Muttons; and to the Shireeve of Surrey and Sussex for two hundred Oxen, a thousand Mut­tons, and one hundred Hoggs, a Co­py of which Writ I have here thought fit to add.

Rex Rot. Fin. 6. E. 2. m. 18. Vicecomiti Devon. salutem. Quia ad expensas Hospicii nostri, pro tempore quo nos apud Westmonast. pro Parliamento nostro quod ibidem summo­niri fecimus, moram facere proponimus, diversa genera victualium oportet neces­sario nos habere; pro quibus quidem victualibus, propter diversa & ardua negotia nos tangentia, ad praesens satis­facere non valemus: tibi praecipimus, quod in Ballivâ tuâ, tam infra libertates quàm extra, ad majus commodum no­strum, & ad minus dampnum hominum partium illarum id fieri poterit ducentos boves & mille multones, ad opus nostrum emi & provideri facias per certam appre­ciationem; & Indenturas inter te & illos (&c.) de quibus etiam victualibus eisdem hominibus in xv S. Michaelis proximo futuro, sine dilatione (&c.) sa­tisfieri faciemus (&c.) T. Rege apud Westm. 30 Aug.

Eodem modo scribitur vic. Su­thampt. pro CCC. bobus, mille multoni­bus & CC. porcis, Vicecomiti Somers. & Dorset pro DC. bobus & mille mul­tonibus; necnon Surr. & Suss. pro CC. bobus, mille multonibus & C. porcis.

TOuching the Original authori­ty of Governing, having spoken briefly in my first Section of this pre­sent discourse; viz. that it was at first in the Father of the Family, and af­terwards in the Kings of several Na­tions; it now remaineth to be next enquired, in whom it is that the ju­dicative power doth fundamentally reside: wherein let us observe what Bracton's Cap. 9. & 10. expression is;— Rex, & non alius, debet judicare, si solus ad id sufficere possit, cum ad hoc per veritatem Sacramenti teneatur astrictus: Exercere igitur debet Rex potestatem juris, sicut Dei Vicarius & minister in terrâ. Sin dominus Rex ad singulas causas deter­minandas non sufficiat; ut levior sit illi labor, in plures personas, partito onere, eligere debet viros sapientes, & timen­tes Deum, & ex illis constituere Iusti­ciarios.

The King, and no other, ought to judge, if he alone were able to perform that task, being thereunto obliged by the tenor of his Oath: To him therefore it belongs to exercise the power of the Law, as Gods Vicegerent and Officer on Earth: But if the King cannot of himself deter­mine every controversy; to the end his labour may be the less, by dividing the trouble amongst divers persons, he ought to choose men of wisdome, fearing God; and out of them to constitute Iudges.

Consonant whereunto is that ex­pression of King Edward the first, in the begining of his Book of Laws, called Breton Breton impt. Lond. per Rob. Redman ( temp. H. 8.) f. 1. b., where, having decla­red, that he is Gods Vicegerent, and that he hath distributed his chardge into several portions, as being not able alone to hear and determine all the complaints of his subjects; he thus goeth on— Nous volons que nostre jurisdiction &c.—We will, that our own jurisdiction be superior to all the ju­risdictions of our Realm; so that in all Felonies, Trespasses, Contracts, and in [Page 20] all other actions personal or real, we have power to give, or cause to be given, such judgments as do appertain (without any other Process) wheresoever we know the direct truth, as Iudges.

And hence it is, that the King be­ing Iusticiae fons & origo, the head and Fountain of Iustice, that appeals from such as are his Ministers for distribu­tion of Iustice, in case they fail in performing of that their trust, are made to him himself; as is evident from those Laws of King Edgar, whereof I have allready briefly toucht; where it is said Leges Edgari edit. per Lamb.— Nemo in lite Regem appellato, nisi quando domi jus consequi non poterit &c.

THe first and principal of those unto whom the Saxon Kings of this Realm did commit that gene­ral trust of administring Iustice uni­versally under them (of whom I have seen any direct mention) were Ail­win, H. Hunt. hist. lib. 6. Ian. Angl. p. 128. 129. the pious founder of Ramsey Abby, then called totius Angliae Alder­mannus, Tostius H. Hunt. hist. lib. 6. Ian. Angl. p. 128. 129. Earl of Northum­berland, and Harald H. Hunt. hist. lib. 6. Ian. Angl. p. 128. 129. Son to Godwyn Earl of Kent: But after the Nor­man Conquest, he who had that power given to him, was termed Ca­pitalis Iusticia, or Iusticiarius Angliae, of which rank were Odo Bishop of Bayeux, and William fitz Osbern: and it is not unlike, but that Lanfranke Archbishop of Canterbury, Goisfride Bishop of Constance, and Robert Earl of Moretone had jointly the ad­ministration of the same Office, du­ring some part of the Conquerours reign; for I find, Regist. de Eiy in bibl. Cotton. sub ef­figie Titi A. 1. f. 25. b. that several pre­cepts were directed to them from that King, which do imply no less: So also Richard Basset and Alberic de Vere in some part of King Henry the firsts reign, as may seem by a special Precept Ex ipso au­togr. in bibl. Cotton. to them from that King, though I have rankt them asunder in my Chronologick Tables.

And Radulphus de Diceto (some­time a Canon of St. Pauls Cathedral in London) in his Annals of King Henry the 2ds. Cap. 7. reign, sayes, Hist. Angl. Script. anti­qui col. 606. l. 7. the Bi­shops of Winchester, Ely, and Norwich, were constituted Chief Iustices of England ( id est had the administration of that high place) in Anno 1179. (which was the very year that Richard de Luci, quiting that great Office, took the habit of a Ca­non regular in the Abby of Lesnes of his own Foundation:) And the reason he there gives, why these Ec­clesiastick men were thus imployed by that King in such eminent tempo­ral affairs, is not unworthy observa­tion — Transcensis igitur omnibus (saith he) quae mutabilitati poterant subjacere de facili, Rex ad Sanctuarium Dei recurrens, Wintoniensem, Ely­ensem, Norwicensem Episcopos archi-Iusticiarios Regni, sed certis in locis, eâ forsan consideratione constituit; ut si cae­teri, quos longè priùs praemiserat ipsum regnantem in terrâ minus reveriti fue­rint; isti saltem Deum Regem Regum, hominum creatorem, judicem conscienti­arum, operum retributorem revererentur attentiùs & ardentiùs; ut nec ad sini­stram declinantes, vel ad dexteram, nec opprimerent in judicio pauperem, nec cau­sam divitis ob acceptionem muneris colo­rare praesumerent: Itaq, si se negotiis secularibus, contra Canonum instituta Praesules immiscuerint, & ob hoc trahan­tur in causam, Regis instantiam, Regis intentionem piam, suam actionem Deo placendam, plurimis profuturam, ab ho­minibus collaudandam rigori Canonum instanter opponant: sic reatum culpae, fraternae caritatis intuitus poterit mi­tigare.

Of these that had the Office of Iu­sticiarius Angliae Philip Basset was the last; who was constituted in 45 H. 3. (as my Chronologick Tables do shew) the Kings Bench and Common Pleas having afterwards one in each Court, who had the appellation of Chief Iustice there.

Which Philip, for his support in tht great imployment, received an yearly Pension of no less than a thou­sand Marks granted Rot. Libe­rat. 45 H. 3. m. 3. to him, out of the Kings Exchequer at Easter and Michaelmass by even portions; as Hugh le Bygod his predecessor Liberat [...]e 44 H. 3. m. 7. did.

IT is believed by some, that we had not many persons in this Realm, other than of the Clergy, who were learned in the Laws, before the Norman Conquest; those ages being so illiterate, by reason of the several inroads made upon them by the barbarous Northern Nations, which necessitated the Nobility and Gentry to exercise themselves in mar­tiall feats. And from this their ig­norance of Letters, probable it is, that the decision of most controver­sies and Tryalls in Cases Civil, was so much by Combate; and in Crimi­nal, by Fire and Water Ordeal.

And to this opinion I am the more inclined; in regard, that upon the determining of that great controver­sy, which was betwixt Lanfranke Archb. of Canterbury, and Odo Earl of Kent, in the time of King William the Conquerour, it Ex Textu Roff. appears; that Agelric Bishop of Chichester, was chiefly imployed— Ut Legum terrae sapientissimus; qui, ex praecepto Regis, advectus fuit in unâ Quadrigâ, ad ipsas antiquas Legum consuetudines dis­cutiendas & edocendas—Brought thi­ther in a Chariot, to discuss, and instruct them in the antient Laws and Customes of the land, as the most skilfull person in the knowledg of them. As also, that in the time of King William the Conque­rour one Alfwin Regist. de Abendon in bibl. Cotton. sub effigie Claudii C. 9. f. 138. a. Rector of Suttun, and divers Monks of Abingdon, amongst which Sacolus and Godric are specially remembred, Ib. f. 134. a. were per­sons so expert in the Laws, that others in divers parts did easily submit to their judgment.

And of the like condition ( viz. Clerical) was that Ranulph, in King William Rufus his reign, whom Will. of Malmesbury De gestis Re­gum Angl. lib. 4. ... calleth invictus Cau­sidicus, an unvanquish'd Lawyer: Nor, in truth, were there many other in those dayes, Vid. Consuet. Norm. cap. ix. as may seem from the words of that famous Historian, in his complaint of the enormities of that time; for he saith Ib. lib. 4. f. 69. b. l. 15. Nullus Cle­vicus nisi Causidicus (it being long after this, Of Law­yers and Iudges. that there were any setled places for Students of those our Laws, cal­led the Common Law, as I shall here­after shew): the first restraint of the Clergy, for practising publickly in that kind (which I have yet observed) being about the beginning of King Henry the thirds reign; where Rich­ard Poor then Bishop of Sarisbury, amongst other his Ecclesiastical Con­stitutions, made in the year MCCxvii. (2 H. 3.) under the title of that de bono Pacis, hath these words— Spelm. Con­cil. Tom. 2. sub an. 1217. Nec advocati sint Clerici, vel Sacerdotes in foro seculari, nisi vel proprias causas, vel miserabilium personarum prosequantur.

But though the Clergy were thus restrained, as to their Pleading in se­cular Courts, there was not the like restriction of Ecclesiastical persons for sitting as Iudges in those tribu­nals: for, from that Scil. 2 H. 3. very time, of the Canons in one Cathedral ( viz. St. Pauls in London) I find (besides some that were Lord Chancellours of Eng­land, Keepers of the great Seal, or Lords Treasurers, as my Chronolo­gick Tables will sufficiently manifest) these several persons, here named, who were Iustices in some of the Courts at Westminster, or Itine­rant, before the 6th. year of King Edw. 1. reign (which is not above Lx. years time) viz.

• Martin de Patshull in 2 H. 3.
• Will. de Eboraco in 11 H. 3.
  in 18 H. 3.
  • Rob. de Ros
  • &
  • Alex. de Swereford
• Iohn de Gatesden in 34 H. 3.
• Gilb. de Segrave in 35 H. 3.
• Egid. de Erdinton in 36 H. 3.
• Rog. de Wyrecestre in 38 H. 3.
• Herveius de Borham in 49 H. 3.
• Raphe de Hengham in 55 H. 3.
• Solomon de Roff. (id est de Roucestre)
• &
• Raphe de Frenyngham in 3 E. 1.
• &
• Philip de Wilegheby in 6 E. 1.

Nor were the Iudges in those Courts of Iustice, from the time of the Norman Conquest, untill King Henry the thirds reign, frequently [Page 22] other than such Ecclesiastick per­sons, as might easily be demonstra­ted; there having been some of them Canons of Pauls also; viz.

• Hugh de Bocland, Iustice of Eng­land in King Henry 1. time.
• Godfrey de Luci, one of the Iudges in King Henry the 2ds. time.
• Iohn Comyn a Iustice Itinerant in the same Kings time.
• Thomas de Husseburne, a Iudge in 9 R. 1.
• Eustace de Fauconberge in 3 Ioh.
• &
• Henry de Northampton in 4 Ioh.

As [...]reth by an antient Ma­nuscript, written soon after the be­ginning of King Edw. the firsts time, and now in the Custody of the Dean and Chapter of Pauls.

THat these originally flowed from the same Fountain that all Laws did, viz. Necessity, there can be no doubt: For when by the multiplying of people, iniquity so increased, as that contentions and differences did daily more and more abound; it was impossible, that any one person should hear and determine all their Causes; or any one place be of ca­pacity sufficient to receive all the Su­rers. Hence was it therefore, that Iethro advised Moses, whom God had set over the Israelites (the first people of the World unto whom any writ­ten Laws was delivered) as their chief Ruler, to commit the distribution of Iustice, under himself, unto several persons, and in sundry places, as in the xviii. Chapt. of the Book of Exodus appeareth.

The Israelites had theirs in the Gates of their Cities, as Godwin Godw. Iew­ [...] antiq. impr. Load. 1655. Lib. 2. cap. 3. ob­serveth; and as is fully manifested from Text of Scripture, Ierem. 26. 28. where it is said, that the Prophet Ieremiah, being condemned to dy by the Con­sistory of Priests, was Godw. ut su­pra lib. 9 Cap. 1. Ie [...]. 26. Vers. 16. by the Con­sistory of Princes secular, or Iudges sitting in the Gate, Cap. 9. absolved and dis­chardged. And the reason thereof was (as tis very probable) partly that the equity of their proceedings might be seen by all; and partly that none might go out of the Common way to seek for Iustice.

The old Romans, as we read, had at first their Seats of Iustice within their Temples Godw. lib. 1. cap. xi. Sigo­nius lib. 10. cap. 28. purposel [...] to shew, that Iustice was a Divine thing: af­terwards in Godw. lib. 1. cap. 10. Curiâ & Foro, in the Court and publick Market place▪

The Athenians had Godw. Ar­chcol. Attic. cap. 3 & 4. theirs also in their Temples.

The old Brittains theirs in some hallowed place, as is evident from Caesars relation De bello Gall. lib. 6. concerning the Druydes (whereof I have already toucht.)

The Saxons, imitating the old Ger­mans, did Iura per pagos & vicos red­dere (as Tacitus De moribus Germanorum. expresseth) distri­bute Iustice in each town and terri­tory; it being their Custome so to do; — in more fuit, saith he, ut unusquis (que) Agricolis suis jus diceret. For which purpose, Ioh. Poma­vius. twelve of the most eminent men for their wisdome and worthi­ness, were made choice of, from amongst others, to ride several Cir­cuits, for the seeing of Iustice done, and good Customes observed. And so tis most like they did here, after they had dominion in this Realm; it being nothing probable, that the peo­ple, from all parts could repair to the King himself (the Fountain of Iustice:) But, at length, the same Necessity, which taught former ages how to frame and establish some Government, with such Laws as might conduce to each mans better enjoy­ing the fruits of his own industry and pains, did farther instruct the succeed­ing times, in sundry particulars, for more effectual and easy ways in di­stribution of Iustice.

Hence was it, that this Realm be­came first divided into Counties, or Shires, by King Egbert (about the year of Christ DCCC.) and those into Hundreds, afterwards, by King Al­fred: For when he was sole Mo­narch; like as the Germans (our an­cestors) as Tacitus also expresseth, [Page 23] kept Courts, and ministred Iustice in every territory and town, and had an hundred men out of the Common people, as Companions and assistants to perform that business: even so, as Ingulphus Ingulphi hist. f. 495. b. observeth, he first divided (or rather renewed the division of) Eng­land into Counties; by reason, that the neighbour Inhabitants, after the exam­ple, and under colour of the Danes, com­mitted great outrages and robberies. Moreover, he caused the Counties to be parted into Centuries, id est Hundreds; and into Decimes, id est Tithings; and commanded withall, that every Home­ling, or natural inhabitant, should be in some one Hundred and Tithing.

He likewise divided Ibid. the Governours of the Provinces, who before were called Vice-Domini, id est Vice-Lords, into two Offices; id est Iudges, now Iustices, and Vicecomites, id est Shireeves, who still retain the same names: By whose care and industry, peace so much flourish­ed, within a short space, through the whole Province, that had a Travailing man let fall a sum of money, how great soever, in the Fields or Common high ways, if he returned thither the next morning, or a Month after, he might be sure to find it there safe, and untouched.

And to the same purpose, but more largely, speaketh Will. de Malmes­bury De gestis Regum Angl. f. 24. a. n. 40. (an old Historian)—By occa­sion, saith he, and example of the Bar­barians (id est the Danes) the proper and natural inhabitants also were greedy of spoil; so that no man could pass too and fro in safety, without weapons for his de­fence: Alfred therefore ordained Cen­turies, which they term Hundreds; and Decimes, which they call Tithings; that every English man, living under Law, as a liege subject, should be within some one Hundred and Tithing. And, if a man were accused of any transgres­sion, he should forthwith bring in some one, out of the same Hundred, and Ti­thing, who would be bound for his ap­pearance, to answer the Law: but he who could not find: such a surety, should abide the severity of the Laws. And in case any man, standing thus accused, ei­ther before, or after suretyship, fled, then all the Hundred and Tithing was to incur a Fine, to be imposed on them by the King. By which de­vice he brought peace into the Coun­try &c. Courts of Iustice.

And hence was it, after these Di­visions thus made, and setled; that the Court kept in the Shire-Town, called the County-Court, as also the Hundred-Court, and Town-Courts, had their first beginnings, of which I shall say more by and by: For be­sides these Courts (according to the Example of Moses, the special Mini­ster of Iustice, appointed Exod. cap. 18. by God; who finding himself unable to un­dergo the trouble of deciding all controversies of the people, consti­tuted Iudges over Tribes, Hun­dreds, and Fifties, of the multitude; unto whom he committed the deter­mination of lesser matters; reserving the judgment of such as were of greatest importance to his own wis­dome and sentence:) the Chief and principal place for administration of Iustice, was in that Court kept in the Kings own House, wherein he him­self, or the Iusticiarius Angliae. Iusticiarius Angliae sate; unto which Court any man might ap­peal in case he had not right done him in those inferiour Courts, which were nearer home; as appeareth from King Lamb. de. prises Angl. leg. cap. [...]. Edgars Law (whereof I have already taken notice)— Nemo in lite Regem appellat, nisi qui Domi Iu­sticiam consequi, aut impetrare non poterit.

And of this I have seen a notable instance in 8 or 12 H. 2. (the King being at that time beyond Sea) Where Robert Earl of Leicester, be­ing Iusticiarius Angliae, upon an Ap­peal then made to the King, issued out his Writ to the Prior of Ely, thus—Robertus Comes Legrecestriae Priori de Eli salutem; Ex ipso au­togr. in bibl. Cotton. Praecipio quod sine dilatione teneas plenum Rectum Humfrido filio Gaufridi de terrâ de Dunnigelande, nisi fit feodum militis, & nisi remaneat pro Assisâ Regis: Et nisi feceris Episcopus de Ely faciat: Et nisi fecerit ego faciam. In which pre­cept these particulars are observable: First that the Iustice of England commands the Prior of Ely to do the complaynant right in his Court, in case the land in question did not extend to a Knights fee, and that the decision thereof were not to be tryed [Page 24] by the great Assize. Next, that if the said Prior did make neglect therein, the Bishop of Ely (whose Court was superiour to that of the Priors) should do it: And lastly, that if the said Bishop should fail, he himself (id est, the Iusticiarius Angliae) would do it.

So likewise from King Canutus his Laws— Nemo Regem requirat de ju­sticâ faciendâ, [...] dum ei Rectum offertur in Hundredo suo &c.

And hereof we want not some te­stimony at this day: for the Writ of Right, [...] being the most solemn Trial now used, runs thus, Rex &c. A. B. domino Manerii de S. Praecipimus tibi, quod sine dilatione plenum Rectum teneas T. D. de uno messuagio, cum pertinentiis in W. quod clamat tenere de te per libe­rum servicium &c. & quod N. P. ei deforciat; [...] Et nisi feceris Vicecomes S. faciet, ne ampliùs Clamorem audiamus pro defectu Recti. Teste meipso &c.

Nor hath the practice in this Realm been otherwise, as may seem from these following authorities, taken out of our famous and antient Law-wri­ters; viz. Glanvill and Bracton.

—Solent autem placita ista (scil. de Recto, saith Glanvill lib. 12. cap. 6. Glanvill) in Curiis Domi­norum, vel eorum, qui loco dominorum habentur, deduci, secundùm rationabiles consuetudines ipsarum Curiarum; quae tot & tam variae, ut sunt, in scriptum de facili reduci non possunt.

Probantur [...] autem Curiae ipsae de Recto defecisse in hunc modum; Con­querente autem se eo qui petit Viceco­miti in Comitatu, & Breve domini Reg. afferente; mittet Vicecomes ad Curiam ipsam, die quà litigatoribus à Domino ipsius Curiae statuta fuerit, aliquem ser­vientem, ut & ille coram quatuor, vel pluribus legalibus militibus ejusdem Co­mitatus, qui ex praecepto Vicecomitis illic aderunt, audiat & videat probationem ipsius potentis, scilicet Curiam ipsam ei de Recto defecisse in placito ipso: quod & ipse petens sic esse, suo juramento, & cum duobus aliis id audientibus & intelli­gentibus, & cum eo jurantibus probabit. Sub tali ergo solemnitate solent loquelae a [...] quibusdam Curiis ad Comitatus transfer­ri, ☞ & ibi de novo tractari & terminari, sine contradictione, vel recuperaone ip­sarum Curiarum, quam indè habere pos­sunt ipsarum Curiarum domini, sive hae­redes, quantum ad illud placitum: Sin autem priusquam Curiâ aliquâ praedicto modo probetur de Recto defecisse, lo­quela aliqua ab eâ ad superiorem Curiam trahatur, poterit dominus illius Curiae, die placiti, Curiam suam ea ratione re­petere, quod nondum probata fuerit de Recto defecisse; & ita eum per judicium retro habebit, nisi ibi probetur de Recto eam, ut dictum est defecisse.

Sciendum tamen, quod si ad Capitalem Curiam domini Reg. ita tracta fuerit ali­qua loquela, frustra vendicabit ibi quis, die Placiti, Curiam suam, nisi tertio die ante, coram legalibus hominibus eam ven­dicaverit. Nullo autem die, posito ipsi petenti, unde ipse queri possit, & justè, de dilatione ei factâ, sufficit ei falsare Curiam ipsam, sub formâ praescriptâ, quocun (que) loco voluerit in feodo ipso, si dominus nullam habuerit reseantisam su­per feodum ipsum, sicut ipsi domino licet Curiam suam ibidem tenere, & ipsi pe­tenti diem ponere, quocun (que) loco voluerit super feodum ipsum. Extra autem feodum ipsum non licet ei, de jure.

Debent Ib. cap. 8. autem impetrari Breve so­lummodo ad illum de quo clamat tenere is qui petit; non ad alium, nec etiam ad Capitalem dominum: Sed quid erit, si petens ipse de uno clamat tenere, & te­nens ipse de alio teneat? Equidem in tali casu, quia is cui Breve dirigitur placitum id tenere non potest, cum alium non possit de Curiâ, unde ipse seisitus esse intelligitur injustè & sine judicio dissei­sire, ex necessitate itur indè ad Comita­tum, & ibi procedit Placitum, vel in Ca­pitali Curiâ, ita quod uter (que) Dominorum per summonitionem ibi adesse debet; ut, utro (que) praesente, res agatur, sicut supe­riùs dictum est in tractatu de war­rantis.

Ad Ib. cap. 9. Vicecomitem autem Provincia­rum pertinent praedicta placita de Recto, ubi Curiae Dominorum probantur de Recto defecisse. Et alia quaedam pla­cita &c.

So far Glanvill: Whereunto Brac­ton Bracton lib. 3. cap. 7. thus addeth:—Et sciendum, quod earum ( scilicet actionum Civi­lium) quae sunt ad rem, sicut rei vendi­cationes per Breve de Recto, terminari debent in Curiâ Baronum, vel aliorum, de quibus ipse petens clamaverit tenere, si plenum rectum ei non voluerit, vel [Page 25] possit, vel sciverit. Si autem noluerit, vel non possit, vel nesciverit; tunc pro­bato à tenente, quod Curia Domini sit, ei de Recto defecerit, transferri debet placitun: ad Comitatum, ut Vicecomes Rectum teneat; & sic à Comitatu trans­ferri possit ad magnam Curiam, ex certâ, causâ, si dominus Rex voluerit, & ibi terminari.

In this magnâ Curiâ, id est, the prin­cipal Court, which was within the Kings Palace, before him, and such Vide Scat de Clerendon 10 H. 2. perès Gerv. Doro­bera. col. 1387. cap. xi. of his Nobles, whom he pleased to asso­ciate with himself for that purpose, were antiently all such Pleadings, as are now distributed into the sundry Courts of Westminster: Amongst which of the Nobility the Iusticiarius Angliae always sate (an Officer not much unlike to the grand Seneschal of France, there called Major Domus) In the Saxons time he was called Al­derman; for so in King Edgars dayes they termed Alwyn; viz. totius Ang­liae Aldermannus: which Iusticiarius did, in the Kings absence, judge all causes as his Vicegerent or deputy: but in tract of time people increa­sing, and sutes, consequently, growing more numerous; there were certain persons, expert in the Laws and Cu­stomes of the land, assigned to sit with him, as his Assistants, and to attend the hearing of all causes, that should be brought before them: Where­upon, by little and little such great men (Barons) who had usually sate as associates and assistants with the King, declined that service; those so joyned with the Chief Iustice, being such, as by study of the Laws, were more fit to undergo that employ­ment.

But I return to those inferior Courts beformentioned; viz. the County Court, Shireeves Turne; the Trihing, or Lathe, the Hundred Court, and Court Baron.

As the Realm was divided into Counties, or Shires; and the Coun­ties into Tribings or Lathes; and they into Hundreds, and the Hundreds in­to Towns or Villages; so, for the better distribution of Iustice, these each of them held a distinct Court, having the power of that which our ancestors called Saca and Soca; that of Saca or Sak being a privilege to hear and determine causes within their Liberties, and to receive the amerciaments of offenders: and of Soca of Sok to have power of holding a Court of his own Tenants, id est, Freeholders.

Of all which Courts, to the end I may give the more brief and clear account, I will speak in order, be­ginning first with the Town Court, an­tiently called the Hall mote, it [...] ­ving been in old time kept in the Hall or Chief Mansion of each Lord of a Mannour, every three weekes once, but since called the Court Baron, id est, the Court of the Freeholders, for by that name were they long ago stiled, as the Barons of the Cinque ports have been, and are to this day.

THis Court so kept in the Lords Mannour house, according to the usage of the Germans, as may seem by these words of Tacitus, viz. — Tacitus de moribus quod jura per Pagos & Vicos red­debant, that they distributed their Iu­stice in every Town and Village, Germ. cap. 12. con­sisted of ten Iudges or Triers, called in the old English Friburgi, or Ten­mentale; who were under the Lord of the Mannour (Thain or Baron.) These were to undertake Vide Leges Edw. Cous. apud Lamb. f. 132. a. for every Inhabitant, and to satisfy for the of­fence of each man. Amongst them, there was one called Decanus, Fri­boroughed, or Headborough (a name re­tained amongst us to this day). And by these were all Civil actions, as of debt, trespass, detinue, or the like, which arose betwixt any of their Township, determined: But when there was a Cause which concerned men residing in several Seigniories; then was it transmitted to the next superior Iurisdiction; viz. the Hun­dred Court, (in some places called Vide Leges Edw. Conf. a­pud Lamb. fol. 134. a. quare dicitur Wapen­tachium. Nec­non Notas v. cl. I. Seldeni in Fortescu de Laudibus Le­gum Angliae cap. 24. the Wapentak): both these being propor­tioned to those of the Israelites, wherein Tribuni, Centuriones, & De­cani judicabant plebem omni tempore.

[Page 26]And these Court Barons were, Hundred Court. in King Henry the firsts time and after­wards, held once every fortnight, until King Henry the third, in 18 of his reign, restrained Claus. 18 H. 3. m. 10. in dorso. Cart. 2 R. 2. m. 12. per Inspex. them to once in every three weeks.

THis Court in times past was called hundred gemot, and Centuriata, because originally it was composed, either ex Hidarum aliquot centenariis (as hida de Centum acris commonly); because it consisted of an hundred Hides of land, as an Hide, usually, of an hundred Acres: or else because super decem Decanos, & Cen­tum Friburgos judicabat, that it had ju­risdiction over ten Deanes or an hundred Friboroughs.

Before the Norman Conquest, it was held Leges Edw. Conf. per Lam­bardum sol. 136. b. xii times in the year, viz. once every Month; and in King Henry the first time, once Cart. 2 R. 2. m. 12. per Inspex. every fortnight: But King Henry the 3 ^d. in the 18th year of his reign, ordained Claus. 18 H. 3. in dorso. m. 10. (as of the Court Baron) that it should be held once every three weeks.

In this Court, antiently, unus de melioribus, qui vocatur Aldermannus, one of the principal Inhabitants, cal­led the Alderman, together with the Barons of the Hundred (id est, the Freeholders) was judge, as may seem by the Register of Ely; which saith, that Aegelwynus Aldermannus Ex Regist. de Fly, in bibl. Cotton. sub ef­figie Titi A. 1. f. 6. b. venit ad Ely, & infra Cimitcrium, ad Aqui­lonalem portam Monasterii, tenuit placi­tum cum toto Hundredo: and the wit­ness of contracts, and purchases, then were Ibid. f. 5. b. & f. 7. a. & f. 13. b. testimonio Hundredi. Here, not only temporal causes, but Eccle­siastical were handled, the Alderman or principal Iudge, being such a one as Dei Leges & hominum jura studebat promovere, who studied to promote the Laws of God and man, the Bishop or Archdeacon sitting therein, with the said Alderman: which Iurisdiction so continued untill the beginning of William the Conquerours reign, that he by a special Precept did inhibit, Cart. 2 R. 2. m. 12. n. 5. per Inspex. quod nec Episcopus, Cap. 12. nec Archidiaconus de legibus Episcopalibus ampliùs in Hun­dredo placitum teneat.

Of the reuniting of these Hun­dreds and Wapentaks, Videsis Ana­lecta Anglo-Britt. cl. viri 1. Seld. lib. 2. cap. 7. to the bodies of the Counties, according to the Act of 2 E. 3. cap. xii. See Rot. Fin. 2 E. 3. in dorso m. 33.

HEreof the Vestigia are still in Kent, where such a conjunction of three or four Hundreds still re­maineth. To this Court Lamb. de priscis Angl. leg. f. 135. b. defereban­tur causae quae non poterant definiri in Wapentachiis (id est, Hundredis) were brought Vide Leges Edw. Conf. apud Lamb. f. 134. a. sub ti­tulo de Centu­rionibus & ca­pitalibus Fri­borgis. such causes, as could not be de­termined in the Hundred Court.

And in this, the Barons, or Free­holders of those parts (as in the Hun­dred) were Iudges, as appeareth by the sute, which Wulstan de Delham had for Stanneie in Cambridshire in in the dayes of King Edward, successor to King Edgar; the story whereof, in brief, was this Ex proed. Re­gistro de Ely fol. 7. a. & f. 8. b. A certain Wid­dow, named Aescuen, having given Stanneie, with the Fen thereunto belonging, unto this Wulstan de Del­ham, he the said Wulstan bestowed it on the Monks of Ely, Vide Seld. Tit. of Honour p. 629. and they did let it to ferm, for a Rent of Eels, unto certain Kinsfolk of the said Aescuen; who, having held it some time, at length retained it as their own, sine judicio & sine lege Civium & Hundre­danorum, without any judgment or law of the Freemen and Hundreders: whereupon Agelwin the Alderman summoned those persons, who so un­justly held it, to attend him at Ely, to answer the same: —Venit Wul­stanus de Del­ham, & cum eo Barones quam­plurimi illu [...] ( viz. ad Elie) ibi (que) collectis duobus Hun­dredis, versùs Aquilonem, ad ostium Mona­steri, Placi­tum habuit &c. who declining to appear, at length the said Aegelwyn sitting at Cambridge, held a Court there of the Freemen and Hundre­ders, before xxiiii Iudges; where, after open manifestation of the wrong done, Iudgment was not only given, that the said Monks should be repos­sest of those lands and Fen, and to receive the arrear of the Rent; but, that the King should have a Fine from [Page 27] the Defendants, for that their injuri­ous dealing: and moreover, that certain persons, then named, should perambulate the said land, and put the Monks into possession thereof again.

So also, Ibid. fol. 6. a. b. upon a great dispute be­twixt the Monks of Ely and one Ulfe, concerning lands in Chypenham, the said Aegelwyne the Alderman, Alwold his brother, and the Abbot of Ely, with all the antient men of the East Angles and Cambridge, met at a Town called Hegentune, the Inha­bitants of three Hundreds being there assembled; where the claim on each part was heard, and Iudgment given therein.

Moreover we find, Ibid. f. 4. a. that the same Aegelwyne, & primates Northampto­nienses, placitum habuerunt apud Walmesford, in octo Hundredis.

And that Contracts for land were also made in such Conventions, in those elder times, we want not seve­ral instances; of which I shall take notice of these few.

In Ex. Iust. E [...] ­en. MS in bibl. Cotton [Domi­tian A. 15.] f. 76. a. Stretham quaedam vidua, Wlfled vocabulo dicta &c. There was a cer­tain woman, called Wlfled, dwelling in Stretham, the Widow of Si­verth, who sold xxiiii. acres of land to the Abbot of Ely; which land her father did purchase in King Athel­stans time, and she had afterwards quietly enjoyed; & hoc noverat totum Hundredum; and of this all the Hun­dred had knowledg.

So also in Ibid. f. 7 [...]. a. Chypenham, one Wine purchased Lxxx. acres, and five pie­ces of ground whereon houses were built; for which he gave C ^s. unto Lefsius de Frakenham; and likewise xx acres, and one parcel of land with building on it, for xx ^•. And from Wulfelm brother to Wulfin, ten acres for ten shillings: Hoc quoq, factum est coram Hundreti testimonio; This also was done in the face of the Hun­dred.

And moreover, that upon a con­troversy touching certain lands in Swasham, claimed by one Wulstane, the Ex praef. Re­gist. Elien. Eccl. in bibl. Cotton. sub ef­fi [...]ie Titi A. 1. f. 4. a. witness of no less than eight Hundreds on the Southern side of Cambridgshire, was produced to prove his purchase thereof.

Nor is there want of testimony, The Tri­hi [...]g or Lath. that the like was practised after the Norman Conquest: for I have seen an original Deed, Penès Tho. Merburie de Merburie in com. Cestr. arm. 14 Sept. 1663. of no less anti­quity than King Henry the seconds time (as may seem by the hand) whereby Richard de Merburie of Mer­burie in Cheshire, granting the whole Lordship of Mecburie to William de Merburie, his brother and his heirs, for certain services to him the said Richard and his heirs reserved, con­cludeth his Charter of donation thus; Hoc autem feci consensu & concessu do­mini Guarini Vernon & haeredum meo­rum; & depono à me, & haeredibus meis omne jus meum de terrâ praedictâ, Wil­lielmo fratri meo praedicto & haeredibus suis imperpetuum, pro tribus marcis & dimidiâ, quas Willielmus frater meus praedictus dedit mihi; partem coram omni Comitatu Cestriae, & partem in Curiaâ domini mei Guarini de Vernon, & partem coram Wapentachio de Ha­thelstonâ; Testibus Lidulfo de Twam­lowe, Hamone de Bocchintonâ, Gil­berto filio Nigelli, Roberto de Sto­challe, Radulfo Capellano, Richardo de Vernon, Raiero de Stanthorne, Gilberto de Bostoc, & omni Comitatu Cestriae.

And that titles of land were tryed also in this Court, as well after the Normans entrance, as in the Saxons time, above remembred, is likewise evident from this testimony of King Henry the seconds Praecept to the Shi­reeve of Norfolk. Ex ipso au­togr. in bibl. Cotton. H. Rex Angliae, & Dux Norm. & Aquit. & Comes Andegaviae, Vicecomiti suo de Norfolc salutem. Praecipio, quod Ecclesia S. Tri­nitatis de Norwico teneat ben [...] & in pace, & justò, & liber [...] communiam pa­sturam suam, quae est inter Bescheleiam & Framingeham, sicut meliùs & quie­tiùs tenuit tempore Regis Henrici avi­mei, & sicut dirationatum est per ho­mines Hundredi: Et nisi feceritis Iusti­cia me a faciat fieri. Teste Tomâ Cancel­lario apud S. Edmundum.

THis was antiently called Scyre mote (id est the meeting of the Inhabitants of the Shire) and was held twice in the year, Vide Fietam lib. 2. cap. 52. p. 112. long before the Norman Conquest, as appeareth from sundry testimonies Leves Edgari (pene [...]s Lamb.) cap. 5. f. 80. but since that, the Shireeves Turne, from the French word tour, id est vicis, Leges Can [...]ti (ibid.) cap. 17. f. 108. a. and in English Turne. Herein fate together the Bishop of the Dioces and the Earl or Eolderman, in Shires that had Ealdermen; Solder's Tit. of Honour part. 2. cap. 5. & Sect. 5. p. 628. and the Bishop and Shireeves in such Counties as were committed to Shireeves, for many ages in the axons time, as from these Laws of King Edgar and Canutus, ci­ted in the Margent, doth appear; to the end they might determine aswell of what concerned Ecclesiastical as Civil matters: the words of whose Law run thu; Ex Vide Ian: Angl. p. 130. omni Comitatu, bis quotonnis conventus agitor, cui qui­dem illtus diaecesis Episcopus & Senator intersunto quorum alter jura divina, humana alter populum edoceto.

In every County let there be twice a year an assembly of the people: whereat the Bishop of the Diocess and the Earl shall be present, the one to direct in di­vine, the other in humane matters.

Which so continued (the Bishop and Earl sitting therein together) un­till King William the Conquerour, in a full Convention Cart. 2. R. 2. per In­spex. m. 12. of his Arch­bishops, Bishops, Abbots and tem­poral Lords, commanded, Cart. 2. R. 2. per In­spex. m. 12. that Ecclesiastical matters should thence­forth be handled by the Bishop in Courts of their own; and not any more be discuss amongst secular af­fairs.

In this Court were also grants and contracts, antiently, upon some oc­casions made: for I have seen an ori­ginal deed, Pene [...]s Walt. Wrottesley B [...] ­tonettum an. 1662. in 4 Edw. 1. by Alice the daughter of William de wrottesle (of Wrottesle in Staffordshire) in her pure Widowhood, of all that land which her father gave in frank mar­riage with her, unto one Henry Fitz Hugh; which thus concludes— Data apud Wlvrenehamptone, Cap. 14. die Iovis proximâ post festum beatorum Petri & Panli Apostolorum, anno regni Regis Edwardi quarto, coram domino Bogone de Cnovyle, tunc temporis Vicecomite Staff. & Salop. & magnum Turnum suum ibidem eodem die celebrante: ☜ Hiis testibus Willielmo domino de Burtone, Will. de Caldewall, Petro de eadem, Roberto Buffere de Pennâ, Roberto de Hagele in Pennâ, & multis aliis.

But it may seem, notwithstand­ing these old Laws before cited, that the Shireeves did keep their Turnes oftner than twice in a year, before the Statute of Magna Charta in 17 Iohannis: for by that Statute it was decreed, that no Shireeve or his Bayliff▪ should keep his Turne in the Hundred, but twice in a year; and no where but in due place and accustomed; viz. once after Easter, and again after Michaelmass Videsis etiam Claus. 18 H. 3. in dorso m. 10. quod Tur­nus Vic [...]comitis per Hundred [...] nisi bis in anno tenaeatur. T. Reg. apud Westin. II Oct.. Which Charter was confirmed by King Henry the third in 9 of his reign.

And it may also seem, that after this Statute of Magna Charta, the Shi­reeves did compell Religious persons as well as others to come to this Court, untill the Statute Cap. 10. of Marle­brige in 52 H. 3. which exempteth all Archbishops, Bishops, Abbots, Priors, Earls, Barons, and all other Religious men and women, from coming thither, except their appearance be specially re­quired thereat, for some other cause.

THis Court is also very antient, and to be held once every Month by the Shireeve, as from King Edward the elders Leges Edwar­di senioris a­pud Lamb. cap. xi. f. 51. a. Laws appeareth— Prae­positus quis (que) ad quartam circiter quam (que) septimanam, frequentem populi concio­nem celebrato: cui (que) jus dicito aequabile, Videsis etiam Leges Canuti cap. 17. apud Lamb. f. 108. a. lites (que) singulas (cum dies condicti adve­nerint) dirimito.

Every Shireeve shall convene the peo­ple once a Month, and do equal right to all, putting an end to controversies at times appointed.

A notable instance whereof I find [Page 29] in King William the Conquerours time, the said King directing his Pre­cept to Will. de Cahannis for convening the inhabitants of Northampton­shire, to enquire whether the Tenants to the Monks of Ramsey for lands in Isham, had paid their Rent or not: the form of which Precept, for the rarity thereof, I have here added, Ex R [...]gist. de Ramsey in Seace. pen [...]s Remem. Regis. W. Rex Anglorum W. de Cahan­nis salutem: Praecipio tibi, ut facias convenire Schiram de Hamtonia ^, & judicio ejus cognosce, si terra de Isham reddidit firmam monachis S. Pene­dicti &c.

To this Court were antiently ap­peals made from the Hundred Court, as appears by the Laws Cap. 39. a­pud Brompt. col. 924. Et apud Lamb. f. 108. a. n. 18. of Canutus —Et nemo namium capiat in Comitatu vel extra Comitatum, priusquam ter in Hundredo suo rectum sibi perquisierit: Si tertiâ vice rectum non habeat, eat quartâ vice ad Conventum totius Comi­tatus quod Anglicè dicitur Scyremot &c. Vide Spelm. Gloss. vocab. Comitatus Cu­ria. No man by a distress shall compell another to the Country Court, unless he have thrice complained in the Hun­dred Court: But if he have not right the third time, he may then sue in the County-Court, which is called the Scyregemot.

And besides Vide lib. rub. in Seace. f. 26. inter Le­ges H. 1. Regis placita & causa singulorum debita; verae Christianitatis jura were first determined here; where interesse debent Commissarii Episcopi, Comites, & Ecclesiae potestates (and the Presbyter Ecclesiae, as well as quatuor de melioribus villae were obli­ged to attendance) qui Dei Leges, as well as seculi negotia, justâ considera­tione desinirent: And therefore Ex praef. Re­gist. de Ely f. 4. b. Si­vardas in the time of King Edgar ha­ving made his Testament, and caused it to be written in three chirographs, Vide Selden's Tir. of Ho­nour P. 629. sent it to the before-specified Aegel­wyn the Alderman (who was princi­pal Iudge in the County-Court) to be there approved and recorded; all Causes, whether of Perjury, Adul­try, Tithes &c. being only there to be discussed.

Now let us see of what things the Shireeve, here, antienly held Plea: —Ad Vicecomites pertinent ista ( saith Glanvile Lib. 1. cap. 4. Glanvile) Placitum de Recto, de liberis tenementis, per Breve domini Regis, ubi Caria Dominorum probatur de Recto de­fecisse: Placitum de Nativis, The Coun­ty Court. sed per Breve Domini Regis.

Id est, It belongeth to the Shireeve to hold Plea in this Court upon a Writ of Right concerning freehold, in cases where the Lord of the Mannour (where­in the land lyeth) hath not done justice: As also to hold Plea concerning Bond­men; but by the Kings Writ.

VVhereunto Bracton addeth Bracton lib. 3. cap. 7.— Item in Comitatu & coram Vicecomite, placitari possunt plura Placita, in quibus Vicecomes est Iusticiarius constitutus per Breve quod justiciet; sicut de serviciis & consuetudinibus; de debitis; & aliis placitis insinitis.—Also in the County Court, and in presence of the Shireeve, many things may be tryed, wherein the Shireeve is constituted Iudg by the Kings Writ to do right; viz. of services and Customes; of debts, and other disputes without number.

And Fleta thus Fleta lib. 2. cap. 43. (p. 94.)—In Com [...]tatu verò est Curia duplex: habet enim Rex suam, & Iusticiarius suam, viz. Vice­comes, cum delegetur ei jurisdictio per Breve &c.

—In the County there is held a two­fold Court: for the King hath his, and the Iudg his, viz. the Shireeve when­soever such a jurisdiction is committed to him by Writ, whereby he hath a Record, the Praecept being to him, and not to the suters of the County, that he shall proceed according to right therein. This Court also is of the nature of a Court-Baron, or the Kings, which is held in some of his Mannours, where the Shireeve is no other than a Bayliff or Fermour of the Kings, and where wrong judgments pro­nounced by the suters, without the Shi­reeve, are to be punished.

Most certain it is, that in the Sax­ons time, not only causes of great moment were heard and determined in this Court, but that the Iusticiarius Angliae (who was the chief person in the Realm under the King for admi­nistring of Iustice) fate sometimes here, as I have before instanced in Aegelwine, who was totius Angliae Aldermannus regnante Rege Edgaro: and so likewise after the Norman Conquest, for some time; though for many ages since, there hath been a discontinuance thereof: For that great tryal betwixt Lanfrank Arch­bishop [Page 30] of Canterbury, and Odo Bishop of Baycut, in the time of King William the first, for divers lands belonging to his Archbishoprick, withheld by the same Odo then Earl of Kent, was in the County-Court of Kent, at that time held at Pinen­dene; where sate Geffrey Bishop of Constance, Iustice of England, with some other Bishops, and divers Ba­rons, as from this following relation is very evident;—Tempore [...] cod. MS. in bibl. Cotton. s [...]b ef­figie [...] A. 22. tol. 120. n. magni Regis Willielmi, qui Anglicum reg­num Armis conquisivit, & suis ditioni­bus subjugavit, contigit Odonem Bajo­censem Episcopum & ejusdem Regis fra­trem, multo citius quàm Lanfrancum Archiepiscopum in Angliam venire, at (que) in Comitatu de Chent cum magnâ potentiâ residere, ibi (que) potestatem non modicam exercere: Et quia illis dielus, in Comitatu illo, quisquam non erat, qui tanti fortitudinis viro resistere posset, propter magnam quam habuit potestatem, terras quamplures de Archiepiscopatu Cantuarbiriae, & consuetudines non­nullas sibi arripuit, at (que) usurpans suae dominationi ascripsit. Postea verò non multo tempore, contigit praefatum Lan­francum, Cadomensis Ecclesiae Abba­tem, jussu Regis in Angliam quo (que) ve­nire, at (que) in Archiepiscopatu Cantua­riensi, Deo disponente, totius Angliae regni primatem sullimatum esse: ubi, dum aliquandiu resideret, & antiquas Ecclesiae suae terras multas sibi deesse in­veniret, & suorum negligentiâ, anteces­sorum (que) illas distributas at (que) distractas fuisse reperisset, diligenter inquisitâ, & bene [...] cognitâ veritate, Regem quam citius potuit & non pigrê inde [...] requisivit. Prae­cepit ergo Rex Comitatum totum, abs (que) morâ considere; & homines Comitatus omnes Francigenas, & praecipue [...] Anglos, in antiquis legibus & consuetudinibus peritos, in unum convenire. Qui, cum convenerunt apud Pinendenam, omnes pariter consederunt: Et quoniam multa placita, de dirationationibus terrarum, & verba de consuetudinibus Legum, in­ter Archiepiscopum & praedictum Bajo­censem Episcopum ibi surrexerunt, & etiam inter consuetudines Regales & Archiepiscopales, quae primâ die expe­diri non potuerunt; eâ causâ totus Co­mitatus per tres dies fuit ibi detentus. In illis tribus diebus dirationavit ibi Lanfrancus Archiepiscopus plures ter­ras, quas tunc ipse Episcopus & homines sui tenuerunt; viz. Herebertus filius Ivonis, Turoldus de Toucet, Radul­fus de Curvaspinâ, Hugo de Monte­forti, cum omnibus consuetudinibus & rebus, quae ad easdem terras pertinebant; scilicet Raculfees, Sandwic, Rateburg &c. Et omnes terras illas, & alias di­rationavit, cum omnibus consuetudinibus & rebus, quae ad easdem terras pertine­bant, ita liberas at (que) quietas, quod in illâ die quâ ipsum Placitum finitum fuit, non remansit homo, in toto regno Angliae, qui aliquid indò calumniaretur, ne (que) su­per ipsas terras etiam parvum quicquam clamaret: Stoke vero & Denintune reddidit Ecclesiae S. Andrae, quia de jure ipsius Ecclesiae antiquitùs fuerunt. Et in eodem placito, non solum iftas ter­ras praenominatas, & alias terras, sed & omnes libertates Ecclesiae suae, & om­nes consuetudines suas renovavit, & re­novatas ibi dirationavit, socâ, socâ toll &c. Et ab omnibus illis probis & sapi­entibus hominibus, qui affuerunt, fuit ita ibi dirationatum, & etiam à toto Comi­tatu recordatum at (que) judicatum; quod, sicut ipse Rex tenet suas terras liberas & quietas, in suo dominico, ita Archiepis­copus Cantuariensis tenet suas terras omnino liberas & quietas in suo do­minico.

Huic Placito interfuerunt Goisfridus Episcopus Constanciensis, qui in loco Regis fuit, & justiciam illam tenuit, Lanfrancus Archiepiscopus, qui, ut dic­tum est, placitavit, & totum dirationa­vit; Comes Canciae, viz. praedictus Odo Bajocensis Episcopus; Ernestus Episcopus de Rovecestre, Agelricus Episcopus de Cicestre, vir antiquissimus, & Legum terrae sapientissimus, qui ex praecepto Regis advectus fuit ad ipsas an­tiquas Legum consuetudines discutiendas & edocendas, in unâ Quadrigâ Ricar­dus de Tunebrugge, Hugo de Monte­forti, VVill. de Arces, Haymo Vice­comes, & alii multi Barones Regis, & ipsius Archiepiscopi, at (que) aliorum Episco­porum homines multi, & alii aliorum Comitatuum homines; etiam in tote isto Comitatu multae & magnae authoritatis viri Franciginae scilicet & Angli.

But of these, the Iudges in this Court at that time, were only God­frey Bishop of Constance (the Iusti­ciarius [Page 31] Angliae) Egelric Bishop of Chichester, and Hamon the Shireeve of the County, as appeareth by Arch­bishop Anselm's grant Ex autogr. in bibl. Cotton. to the Monks of Rochester, in these words— Anselmus gratia Dei Archiepisc. Can­tuariensis, Hamoni Vicecomiti & Gi­leberto de To [...]nebregge, ac caeteris ho­minibus, Francigenis & Anglis, salu­tem. Sciatis, quod ego, de mandato do­mini nostri Henrici Regis Angliae, & rogatu Gundulfi Episcopi Roffensis, concedo & confirmo Ecclesiae S. Andreae & eidem Gundulfo Episcopo, omnes terras, & Ecclesias, & libertates & consuetudines, rectitudines, & omnia maneria, quae & quas Lanfrancus Ar­chiepiscopus, tempore VVillielmi Regis magni, de ipsius mandato, in pleno Comi­tatu de Chent, coram Godefrido & Egelrico Constanciensi & Cice­strensi Episcopis, & Hamone Viceco­mite, Iusticiariis Regis assignatis, dira­tionando evicit & recuperativit, Ecclesiae Roffae, & Episcopo Gundulso sursum reddidit & restituit; nominatim scili­cet Stokes, cum Ecclesia; Frendesbe­riam, cum Ecclesia &c.

And that matters of title were tryed in this Court for some time af­ter the Norman Conquest, may seem by these instances; Ex ipso au­togr. in bibl. Cotton. Henricus Rex Angliae Rogero Bigot & Rodulfo Passelewa salutem: mando vobis, ut faciatis Herbertum Episcopum de Nor­wic, ita benè & justè & honorifice tenere terram suam & homines de Bruseleâ, & Alwinum filium Floteni hominem su­um, & alios; & omnes res suas, sicut melius tenuit die qua frater meus vivus & mortuus fuit; & non sit dissaisitus nisi justo judicio Comitatus. Teste Eu­done Dapifero apud Niweberiam.

This was in King Henry the first's time.

And in King Stephen's Raphe Picot, then Shireeve of Kent, had a tryal Ex [...]et; MS. in bibl. Cotton. sub effigie Faust [...]nae B. 6. n. 19. with the Monks of Canterbury, also in pleno auditu Comitatus.

That Agreements upon disputes and controversies for title of land, were also recorded here, I have seen very good testimony; Ex Registro de Leestoa in bibl. Cotton. 38. a. b. viz. Hae est conventio facta inter Ph [...]lippum Abba­tem & Conventum de Leestune tenen­tes; & Robertum filium Rogeri de Burende Parcarium, petentem, de prato in Alringeham; quod VVillielmus de Maleville, ut dicitur, tenuit: And so after recital of the Agreement, the conclusion is thus; Haec autem con­ventio facta est in pleno Comitatu, coram Iohanne de Cornherd, tunc temporis Vicecomite Suffolchiae; & coram istis militibus ei assidentibus; scilicet Rob. de Novill, VVill. de Gretingeham, VVill. de Henle, Ada^ de Bedinge­feld, Rogero de Braham, Huberto de Brumford, Rogero de Horshagh, Io­hanne de VVestham &c.

Likewise, that Bargains, and sales of land, were antiently made here, I shall exhibit an instance, of little less than five hundred years antiquity; which is, that Hawisia de Iselham, with Raphe her Husband, and Roger their [...]on and heir, did pass the grant of their land of Iselham to William Rri­wer in the County-Court of Dedon.

— Haec venditio facta fuit (saith the autograph) Ex ipso au­togr. penès praenob. Tho. Baronem Bruse, Comi­tem Elgin [...]iae. an. 1660. in pleno Comitatu de De­venescire; & postea retracta & recor­data apud VVestm. die Iovis proximâ post festum S. Lucae Evang. an. xxvi H. 2. &c.

It seems, that notwithstanding the Law of King Edward the elder (be­fore mentioned) which appointed this Court to be kept once every Month (as I have instanced) it was afterwards held oftner, as appeareth by the Statute of Magna Charta, which restrained it to that distance of time, except antiently it had been otherwise, as for certain it had: for in 2 Edw. 6. the Act Cap. 6. which posi­tively confines it to once a Month, in­timateth; that, in some places, it had been held but every six weeks.

That this Court was sometimes held in the Church, is to me out of all doubt, from that relation which Sim. Dunelm. Hist. G. Di­nelm. col. 35. 7. makes of a Priest, who lay, with his wife the night before he was to sing Mass (which it seems he ought not to have done) where he saith— Quadam die multi, tam No­biles qua [...]m privati &c. Upon a certain day many persons, aswell Noble as other met together (at the Church) early in the morning, to Plead, but before the Plead­ing began, they enquired for the Priest to say Mass &c. Besides a farther testi­mony [Page 32] we have thereof from Gerv. Dorobernensis; who describing the Cathedral Church of Canterbury, in speaking of the South-Door, saith thus; [...]— quod ostium, in antiquorum Legibus Regum, suo nomine soepe expri­mitur; in quibus etiam omnes quaerelas totius regni, quae in Hundredis, vel Co­mitatibus, uno vel pluribus, vel certè in Curia Regis non possent legaliter diffiniri, finem inibi, sicut in Curia Regis summi, sortiri debere discernitur. VVhich practice was not totally left, of a long time after (as it seems) for amongst certain Ecclesiastical Constitutions made in a Synod held at Exeter in an. 1287. (15 E. 1.) by Peter de Wi­vill then Bishop of that Diocess, it was (inter alia) decreed [...]— Ne in Ecclesiis vel cimiteriis earum, Mercata, vel Placita secularia teneantur. The like inhibition do I also find in a Sy­nod held at Winchester, about that time— [...] Inhibemus firmiter, ne in Ec­clesiis aut Cimiteriis publica fiant Mer­cata; nec propter hoc figantur Tentoria in eisdem, seu Placita secularia tene­antur &c.

THis, though now held by divers particular Lords, in their own Mannours, by special grant at first from the King, was [...] indeed origi­nally that which I have already spo­ken of under the title of Tryhing or Lathe.

HAving thus briefly toucht upon the antiquity of these inferior Courts, I now come to those of the highest rank; viz. the Chancery, the Kings-Bench, the Common-Pleas, and Exchequer.

It is the opinion of several learned Caisiod. E­pist. 6. lib. 11. men (as M ^r. Cambd. in his Britannia, Cap. 16. and D ^r. Cowell in his Interpreter have observed) that this Court had its name originally from certain barrs of wood or iron, laid one over another Crosswise, like a Lattisse, wherewith it was environed for to keep off the press of people, and not to hinder the view of those Officers who sate there­in, such Grates or Cross-barrs being, by the Latins, called Cancelli: which as some think, was the reason why those places that were only peculiar to the Priests, being by the appoint­ment Math. Paris. of Pope Foelix, severed from the bodies of our Churches, for that purpose, with certain Grates or Lat­tises, were also so called.

And that the Chancellours Office, originally, was to register the Acts and decrees of the Iudges— qui con­scribendis & excipiendis Iudicum actis dant operam, as saith Lupanus: Py­thaeus also expressing, that he was an­tiently the same as we now call Secre­tarius: Howbeit, not only in this, but in other Kingdomes, this Office hath been, for many ages so much advan­ced, that the person who held it, hath been the chief for administra­tion of Iustice, especially in private Causes, next under the Prince.

As for its antiquity in this Realm, it is of no less, as our learned Selden Discourse of the name and dignity of Lord Chance­lour, by him presented to Sir Fr. Bacon. conceives, than King Ethelberts time (who was the first Christian King of the Saxons) for in a Charter Monast. Anglic. p. 24. col. 1. l. 40. of his to the Church of Canterbury, bear­ing date in the year of Christ DCv. amongst other witnesses thereto, there is Augemundus Referendarius mentioned: where Referendarius (saith he) may well stand for Cancel­larius; and that the Office of both (as the words applied to the Court, are used in the Code, Novells, and sto­ry of the declining Empire, signify­ing an Officer, An. 605. who received Peti­tions and Supplications to the King, and made out his Writs and Man­dates, as a Custos legis: And though (saith he) there were divers Refe­rendari [...]; as sometime xiii. then viii. then more again, and so divers Chan­cellours in the Empire; yet one especially, here, exercising an Office of the nature of those many, might [Page 33] well be stiled by either of those names.

It will be a much harder task than I dare adventure upon, to exhibit a perfect series of these great Officers throughout the reigns of the succes­sive Kings of the Saxon race, untill the Norman Conquest; I shall there­fore content my self, with the bare mention of the names of such, as I have met with from any good autho­rity. Of these Unwona Math. Paris. in vit. Abba­tum p. 22. n. 10. & p. 23. n. 20. Anno 758. is the first, who is stiled Cancellarius to Offa King of the Mercians (who began his reign in the year DCCLviii.) Next to him is Bosa, in King Withlafes time Circa An. 825., but stiled Scriba. I [...]gulphi hist. After him Swithul­phus I [...]gulphi hist. called Notarius, under King Berthulph, about the year DCCCLi.

Then Turketill Ing [...]lphi hist. under King Ed­ward the Elder: of whom Ingulphus hath this expression— Cancellarium suum eum constituit, ut quaecun (que) nego­tia, temporalia vel spiritualia, Regis ju­dicium expectabant, illius consilio & de­creto (tam sanctae fidei, & tam profundi ingenii tenebatur) omnia tractarentur, & tractata irrefragabilem sententiam sor­tirentur; which Turketill continued I [...]gulph. [...] supra. in that office also, under King Athelstan, Edmund, and Edred (all Sons and suc­cessors to the said King Edw. the El­der) being I [...]gulph. [...] supra. likewise Consiliarius pri­mus, praecipuus, & a [...] secretis familiaris­simus —his chief and principal privy Counseller; and in his old age was constituted Abbot of Croyland.

After him, King Edgar had Adul­phus Lel. coll. vol. 1. p. 4. &. 5. to his Chancellour: King Ethel­red, had M. Paris. in vit. Abbatum p. 43. n. 10. Alfric (the xith. Abbot of St. Albans) to hit. Of which King Ethelred I also find, Spelm. Gloff. p. 127. b. that he appoint­ed and ordained, that the Abbots of [...], S. Augustines in Canterbury, and Glastonbury, should exercise this office of Chancellour, by turne, [...]a­nually; dividing the year into three parts.

That these Kings, before [...], had not any Seals (the [...] of which, in succeeding times, was one of the principal duties belonging to this Office of Chancellour) Ingal­phus (who lived in the Norman Con­querours days) seemeth somewhat positively to affirm, Ingulphi hist. f. 512. b. n. 20. [...] graphorum confectionem Anglicandam (saith he) quae antea, us (que) ad Edvardi Regis tempora, The Chan­cery. fidelium praesentium sub­scriptionibus, cum Crucibus aureis, ali­is (que) sacris signaculis firma fuerunt; Normanni condemnantes, Chirographa Cartas vocabant, & Chartarum firmita­tem, cum cereâ impressione, per unins cujus (que) speciale Sigillum, sub instilla­tione trium vel quatuor testium astanti­um, conficere constituebant &c.

But, that Seals were used by the French, long before this, is sure enough: for in a Charter Preuve de [...] Hist. des Con­tes de [...] &c. Impr. Pa­ris. 1647. p. 255. of Charles the great, King of France, made to the Monastery of Karrof, in [...] (of his own foundation) there is this expression— Et at haec praesens autho­ritas, nostris & futuris temporibus, in­violata perdurare valeat, manus nostrae Signaeulis, eam decrevimus roborari, & de Annulo nostro jussimus Sigillari.

So also in another Ibid. p. 1 [...] of Lewis, the Emperour (called Hludovicus pius) son and successor to Charles the great, bearing date in the year of Christ DCCCxiiii.— Haec vero aucto­ritas, ut nostris futuris (que) temporibus me­liùs credatur &c. manu propriâ subscrip­simus, & de Annulo nostro jussimus Si­gillari.

Nay there are some learned men of opinion, that the Charter which King Edgar made to the Monastery of Pershore, in Worcestershire, which begins thus— Monast. Anglic. vol. 1. p. 204. a. P. Orthodoxorū vigoris Ecclesiasticâ monitu creberrime instruimur &c. and whereon there are apparent sign of three Labells, by the places cut therein for them, had three Soals hanging thereat; viz. one of King Edgar, the other of St. Dun­stan, and the third of Alferus, after­wards Duke of [...]; for further testimony whereof, these words, in a Discourse of the Office of Lord Chancei­lour by I. Sel­den, dedicated to Sir Fr. Ba­con Knight [...] Lord Chancel­lour of Eng­land. Letter from Godfrey Arch-Deacon of [...], to Pope Alexander the third, are vouched, viz.—No verit Sanctius vestra, verum esse; quod con­cripti hujus Scriptum originale, In vir­tute S. [...]rinitatis, Sigilla tria, [...]rium personarum [...], ail [...], tripl [...] [...]: Est [...] Sigillum [...] illustris Regis Edgari, [...] S. Dunstani Can­ [...] [...], Tertium Alferi [...] [...] ex diligenti lite­rar [...]impressarum inspectione [...] accepi, &c.

[Page 34] Whereunto I shall add what is recorded by Sulcardus a Monk of UUestm. in his Register, [...] of the same King Edgars Charter to that Abby; viz.—Et ut haec autoritas no­stris & futuris temporibus, circa ipsum sanctum locum, perenniter firma & in­violata permaneat, & ab optimatibus nostris & Iudicibus publicis & privatis certiùs credatur, manus nostrae subscrip­tione, subtus eam, decrevimus roborare, & Sigillo nostro jussimus sigillari.

And of the said Dunstan (in an. 959) thus;—Ego Dunstanus, ac si peccator, nomine tantum Episcopus, hanc libertatis scedulam, impressione Si­gilli mei, & annuli, insuper & agalmate S. Crucis diligenter consignavi; ac dein, manibus ad coelum extensis, dixi; Si quis hanc munificentiam auxerit, au­geat ille Deus &c.

Likewise that of King Eadwi (bro­ther to King Edgar) an. 956. in his Charter of Gaing made to the Monks of Abendon— Ego Ex Regist. de Abend. in bibl. [...] sub ef­ [...] Claudii [...]. f. 111. b. [...] Eadwi Rex meum donum proprio Sigillo ro­boravi.

And I also find, Textus Roff. that in the time of King Ethelrede, Godwine being then Bishop of Rochester an antient con­troversy, betwixt Leofwyne, Aelfaege's son, the said Bishop, for Cnodding­land, was determined in this man­ner; —þa sende se Cinge ge ƿrit & hi [...] insegle to þam arc [...]b. alfrice & bead him þat he & his þegnas on East cent & on ƿest cent by on riht ge [...]eindon be on tale. & be of tale. þa þat ƿaer[?] þ [...]se b. þa com ðider se scipes man Leofric &c. Which maketh ex­press mention, [...] that the Kings Writ and his Seal were sent to assemble the people of East and UUest Kent for the ending of that controversy.

But admitting these few Exam­ples, most certain it is; that, as Seal­ing of Charters, in the time of our Saxon Kings was not common; so the Office of Chancellour was not ori­ginally denominated from the keep­ing of the Kings Seal: and that, for a constant succession of Seals, we are not to look higher than King Edward the Confessor, in whose reign these were Chancellours; viz. [...] Leofuicus surnamed Britannicus, W [...]lwius, and Rembaldus, the two last being also Keepers of his Seal, as is most evident from the very words of these his Charters to the Church of UUestm. viz. to the one;— Ut Ex praef. Re­gist. Cart. Abb. Westm. hoc Decretum, [...] nobis promulgatum, pleniorem obtineat vigorem, nostrâ manu subter apposito signo roboravimus, at (que) fidelibus nostris praesentibus roborandum tradidimus; nostrae (que) imaginis Sigillo insuper as­signari jussimus (&c.) And after­wards; —VVulwius regiae digni­tatis Cancellarius relegit & sigilla­vit &c.

And to the other— Ego Ibid. Reim­baldus Regis Cancellarius, relegi & sigillavi &c.

So likewise was Mauritius, Chan­cellour to King William the Conque­rour, the Keeper of his Seal, as appear­eth by these words of his (the said Kings) Charter of Confirmation unto the said Abby of Westm. viz.— Ego Ibid. Willielmus, Dei gratiâ Rex Anglorum, Dux Normannorum, & Princeps Cenomannornm, hoc praecep­tum scribere praecepi; & Scriptum hoc, Signo dominico confirmando ✚ stabilivi; nostrae (que) imaginis Sigillo insuper as­signari curavi &c. And after—Mau­ritius Regis Cancellarius relegit & sigillavit.

From these few (and indeed very rare) instances it will appear, that the Sealing of Charters before the Nor­man Conquest, was little practised: but after that time, it became very usual, as may seem from what I have before taken notice of, from the te­stimony of Ingulphus; and shall here from the Laws Cap. xv. of King Edward the Confessor, recited and confirmed by King William the first; viz.—Si­quispiam murdratus alicubi reperieba­tur, interfector illius, qui si inveniri non poterat, mensis & unius diei [...]abebunt respectum ad eum perquirendum; qui, si infra terminum non inveniebatur, col­ligebuntur in villâ illâ xl ^ta. marcae: quod si ad tantae solutionem pecuniae non suffictebat, per Hundredum colligebatur, quod in villa non poterat: Veruntamen quando omnino villa confundebatur, pro­vider ant Barones, quod per Hundreda colligerentur, & Sigillo alicujus Baronis Comitatus sigillarentur, & ad Thefau­raiam Regis deportarentur; quas sigil­latas ipse servaret per annum & diem [Page 35] unum; quod, si infra tunc terminum possit murderator haberi, traderetur Iu­sticiae Regis, & ipsi marcas The saurario Regis commendatas rehaberent.

And the reason for such Sealing of Charters is given by Bracton Cap. xvi. Quo­niam Scripturae & non esset fides adhibenda, nisi Signum intervenerit quod talis do­natio & scriptura, a conscientiâ & vo­luntate donatoris emanaret; ideo, in te­stimonium & approbationem rei gestae, apponit donator Signum; adiciendo in Cartâ istam Clausulam;— quod ut ratum sit & firmum; vel, in cujus rei testimonium, huic Scripto Sigillum meum apposui. Non refert utrum proprio, vel alieno Sigillo Carta est sig­nata, cum semel à donatore, coram testi­bus ad hoc vocatis, recognita & concessa fuerit.

Whence it is evident, that thence­forth (id est, from the Norman Con­quest) Seales were upon all occasions used, though at sometimes those, which were not parties to the Grant: For instance; King Henry the third, in the first year of his reign, ends his Letters Patents sent to Peter de Mauley, thus Pat. 1 H. 3. m. 11.— Et in hujus rei testimonium has literas nostras Patentes sigillatas Sigillo Comitis Willielmi Marescalli, Recto­ris nostri & regni nostri, quia Sigillum nondum habuimus, vobis inde mitti­mus. Teste &c. apud Winton. xv Martii.

But he did not conclude his Writs and Grants with Teste Rege, or Teste meipso till the 8th. year of his reign, though he had a Seal in 3 ^•. but whilest he used the Seal of the said William Marshall, with Teste Ibid. Will. Marescal­lo: and in 3 ^•. (for then incoepit Sigil­lum domini Regis currere, as the words of the Record Claus. 3 H. 3. m. 14. & m. 6. & ult. are) sometime Pat. 3 H. 3. p. 1. m. 1. with Teste H. de Burgo Iusticiario: some­time Ibid. m. 5. Teste domino Petro (scil. de Ru­pibus) Winton. Episcopo: Sometime Teste Ibid. m. 5. Comite (id est, Willielmo Ma­rescallo, ut supra:) And in 4to, 5to, and 6to of his reign, most of them with Teste Huberto de Burgo Iusticia­rio &c. Nay I find, that in 1 [...] ^• of his reign, some Precepts, though with Teste Rege, were Claus. 10 H. 3. in dor­so m. 10. Et Rot. Fin. 10 H. 3. m. 9. sub Sigillo Iusticiarii.

And for inferiour persons, it was not unusual to seal with the Seal of a Dean and Chapter, Corporation, or some eminent man, whose Seal was well known: with this expres­sion; — Et quia Sigillum meum pluri­mis est incognitum, Sigillum Decani & Capituli N N: or Sigillum Ballivorum & Communitas de N N &c. apponi procuravi.

Having thus pointed at the Anti­quity of this Court, I shall refer the farther mention of the succeeding Chancellours (viz. from the Norman Conquest downwards) to my Chro­nologick Tables, which are the prin­cipal part of this work; and here briefly take notice of what I find most antient, that doth best demonstrate the nature of this great Office.

Cancellarii dignitas (saith the wri­ter [...] of the life of Thomas Becket Arch­bishop of Canterbury in King Henry the seconds time) est, ut secundus à Rege in regno habeatur; ut alterâ parte Sigilli regii, quod & ad ejus pertinet custodiam, propria signet mandata: ut Capella regia in illius sit dispositione & curâ: ut vacantes Archiepiscopatus, Episcopatus, Abbatias, & Baronias, ca­dentes in manum Regis, ipse suscipiat & conservet: ut omnibus regiis assit consiliis, etiam non vocatus accedat: ut omnia Sigilliferi Clerici regii suâ manu signentur: Item ut suffragantibus, ex dei gratiâ vitae meritis, non moriatur, nisi Archiepiscopus vel Episcopus, si vo­luerit: Inde est, quod Cancellaria non emenda est.

And another at the same time, saith thus, Cancellarius, sicut in Curiâ, sic ad Scaccarium magnus est, adeo ut sine ipsius consensu vel consilio nihil magnum flat, vel fieri debeat: verùm hoc ha­bet officium dum residet ad Scaccarium; ad ipsum pertinet custodia Sigilli regii, quod est in Thesauro; sed inde non rece­dit nisi cum praecepto Iusticiarii (scil. summi Angliae Iusticiarii,) ab inferiore ad superius Scaccarium à Thesaurario vel Camerario defertur, ad explenda so­lùm negotia Scaccarii; quibus peractis in loculum mittitur, & loculus Cancel­lario consignatur, & sic Thesaurario tra­ditur custodiendus.

Item, cum necesse fuerit, signatus sub omnium oculis Cancellario offertur, nun­quam ab ipso vel ab alio aliàs offerendus. Item ad ipsum pertinet Rotuli, qui est de [Page 36] Cancellariâ, custodia, per suppositam personam.

Another about the time of King Edward the first, thus, Officium Can­cellariae viro provido & discreto, ut Episcopo vel Clerico magnae dignitatis de [...]et committi, simul cum curâ majoris Sigilli regni; cujus substituti sunt Can­cellarii omnes in Angliâ, Hiberniâ, Walliâ, & Scotia; omnes (que) Sigilli re­gii custodes, paeter Custodem Sigilli privati.

Howbeit, notwithstanding what is before exprest, viz. that altera pars Sigilli regii pertinet ad ejus custodiam, most sure it is, that the Custody of the Seal, was in antient time, not sel­dome committed to others, as will appear by my said Chronologick Ta­ble: yet forasmuch as those who were Chancellours had for the most part the custody thereof, it some­times hapned, that they who kept the great Seal were vulgarly reputed to be Chancellours: for so we see, that not only Matth. Paris, [...] (an eminent Historian, who lived in H. 3. time) calls Richard de Marisco, Arch-Dea­con of Richmund and Northum­berland, but even the [...] Records themselves.

But in the Parliament of 28 H. 3. it was ordained [...], that the Keeper of the great Seal should be always the Chancellour, and that all things sealed otherwise should be made void; the words are— Si aliquâ interveniente occasione Dominus Rex a [...]stulerit Sigil­lum suum à Cancellario, quicquid fuerit interim sigillatum irritum habeatur & inane; & deinde Cancellario fiat re­stitutio.

Which Law was not afterwards strictly observed: for from our pub­lick Records, cited in my Chronolo­gick Tables, it will evidently appear; that the Custody of the great Seal was not seldome committed to such persons, who were not the Kings Chancellours, untill by the Statute [...] of 5 Eliz. it was declared; that the Com­mon Law is, that the Keeper of the great Seal of England, for the time being, [...] always was &c. and hath always [...] and used &c. as belonging to his [...], the like place as the Lord Chan­cellour for the time being lawfully used &c.

THis was antiently called Curia domini Regis, because often times the King himself sate here in person, and had his Iustices à latere suo resi­dentes, as Bracton [...] expresseth; name­ly the Chief Iustice, Chancellour and others, with the Constable and Mar­shall.

Here ought Criminal Actions to be determined—ubi terminari de­beant Actiones Criminales, vel placita, videadum est, saith the same Author: [...] Et sciendum, quod si Actiones Crimi­nales sint, in Curiâ domini Regis debent terminari, cum sit ibi poena corporalis in­fligenda; & hoc coram ipso Rege, si tangat personam suam; sicut Crimen lae­sae majestatis; vel coram Iusticiariis ad hoc spectaliter assignatis, si tangunt per­sonas privatas.

And of the Iustices that sit here, he addeth [...]—quidam sunt Capita­les, generales, perpetui, & majores, à latere Regis residentes, qui omnium alio­rum corrigere tenentur injurias & er­rores.

Though this Court, in those elder times, was not so certainly fixed as that of the Common-Pleas, I do not think it was often moved till after the 28th. year of King Edw. the firsts reign, that by the Statute, [...] called Articuli super Cartas, it was enacted; that the Chancellor and Iustices of his Bench should follow him; so that he might at all times have neer unto him some, who were learned in the Laws, that might be able duly to order all such matters, as might come unto the Court at all times when need should require.

For before that time, viz. in 42 H. 3. the King, whose removal to several of his Palaces was frequent (as our publick Records do plainly thew) appointed it to be held at Westm. till he should otherwise de­termine, as by his special Pat. 42. H. 3. [...]. [...]. Commis­sion to Roger de Thurkelby, Gilbert de Preston, and Nicholas Handlo ap­peareth.

And soon after took their Oaths in the Exchequer, Cap. 17. before the Lord Treasurer (as it seems) for in 1 E. 2. Roger le Brabazon, and the rest of his fellow Iustices of this Court, then constituted, being appointed to do the like, the Record Claus. 1 E. 2. in dorso m. 19. addeth, prout moris est.

The first who had the office of Ca­pitalis Iusticiarius ad placita coram Rege tenenda, was Robert de Bruis, constitu­ted Pat. 52. H. 3. m. 24. 8 Martii 52 H. 3. the title of Iusticiarius Angliae having an end in Philip Basset, who was advanced Pat. 45. H. 3. m. 5. to that place by the King in 45 H. 3.

In the 17 of Edw. 2. Hervie de Staunton, then Chancellour of the Exchequer, was constituted Chief-Iustice of this Court; with com­mand, that Claus. 17 E. 2. m. 43. he should not quit that office of Chancellour, but cause it to be executed by some other fit person, at such times as he should be necessi­tated to attend the hearing of Causes in this place.

It is reported, that Iohn Whiddon a Iustice of this Court in 1 Mariae, was the first of the Iudges, who rode to UUestminster- Hall on an Horse or Gelding; for before that time they rode on Mules.

THat this Court, for the hearing Vide Bracton lib. 3. cap. 10. (n. 2.) of all controversies, in mat­ters Civil, betwixt party and party, vulgarly called the Common-Pleas, was antiently kept in the Kings own Palace, and distinct from that of the Kings Bench, there is not only this circumstantial testimony from a Charter of King Henry the first, whereby he granted to the Abbot of B. conusance of all Pleas, with this expression; Cokes Re­ports part. 8. in proem. ex 26. lib. Assis. pl. 24. so that neither the Iustices of the one Bench, or of the other, or Iu­stices of Assize, should meddle &c. but the express words of Magna Carta to prove it; viz. Communia placita non sequantur Curiam nostram, sed teneantur in aliquo certo loco; the [Page 39] Exchequer having been the place where those causes were heard, Cap. 18. and not any other peculiar Court, untill the Confirmation of the great Charter at soonest, which was about the lat­ter end of King Iohns reign, as is evi­dent, not only from those authorities, which I have cited in my discourse of that Court; which shew that the Chief Iustice of England, and other persons learned in the Laws of this Realm, did antiently sit there, and hear complaints in Cases Civil; as also that Fines were then and there levied before them; but from the di­rect words of the Statute of 28 E. 1. (called Articuli super Cartas) cap. 4. viz. that No Common Plea shall be henceforth held in the Exchequer, contrary to the form of the great Charter.

And as the severing of this Court from the Exchequer, was at first, no doubt, occasioned from the great in­crease of Suters and Causes thereto: so questionless was it, that, for mo­derating the expence and trouble un­to which the Subject was exposed by repairing to the Kings supreme Court, where ever he moved; and for taking off the chardge and ha­zard in carrying the Records upon all occasions of the Kings removal, this Law for fixing the Common Pleas in a certain place ( viz. at UUestm.) was first made; to the end, that the peo­ple might be sure, whither to resort for tryal of their rights: After which time the Writs ran thus Bracton lib. 2. cap. 32. n. 5.;— quod sit coram Iusticiariis meis apud West­monasterium: whereas before— Glanvil lib. 1. cap. 6. quod sit coram me vel Iusticiâ meâ.

The jurisdiction of this Court Bracton Bracton. lib. 3. cap. 7. n. 2. doth in a few words thus describe,

—Habet etiam Rex Curiam & Iu­sticiarios in Banco residentes, qui cognos­cunt de omnibus placitis, de quibus au­thoritatem habent recognoscendi: Et sine warranto jurisdictionem non habent, nec coertionem:

The first, who had the appellation of Capitalis Iusticiarius in this Court, (that I have ever observed) was Gil­bert de Preston, who by that title Liberatae 1. E. 1. m. 4. had his livery of Robes in 1 E. 1.

It seems, that the certain fixing of this Court at Westm. The Com­mon Pleas. occasioned much more resort thereto than be­fore; for about the beginning of King Edward the seconds reign, there were so many sutes therein; as that the King was necessitated to increase the number of his Iustices, who were to sit there, unto six, which commonly were not above three before that time: and so to divide them as they might sit in two places— Et covient, saith the Record, Claus. 3. E. 2. in. dorso m. 21. que taunz ysoient, pur ceo q'il covent aver deus places pour le multitude des plez, que plus est ore que unques ne fust en nuly temps: the names of which six were these, Sire William de Bereford Chief Iustice, Sir Lambert de Trikingham, Sir Hervy de Staunton, Sir Henry le Scrope, Sir Iohn de Benstede, and Sir William de Bourne (as I have also in my Chronologick Tables exprest.)

How long they thus sate in two places, I cannot say: but certain it is, that the number of them was after­wards increased; for within three years following (viz. in 6 Edw. 2.) there were seaven, though no more than six in any year afterwards of that Kings reign: no nor in King Ed­ward the thirds till 7 E. 3. and then seaven again: but in 11 and 12 E. 3. eight; viz. Iohn de Stonore, Will. de Shareshull, Iohn Inge, Iohn de Sharde­low, Ric. de Aldeburgh, Roger Hillary, Will. Scot, and Will. Basset: And in Trinity Term 14 Edw. 3. these nine; viz. Iohn de Stonore, Will. de Shareshull, Iohn Inge, Will. de Shardelowe, Ric. de Aldeburgh, Roger Hillary, Will. Basset, Iames de Wodestoke, and Robert Par­nyng, as by the Fines then levied be­fore them appeareth.

Howbeit after that, there were never so many; there being, for the greatest part of the same Kings and King Richard the seconds reign, but five: and so till 1 Henr. 6. that they were again increast to seaven: But that number held not; for after, there were seldome more than five till 27 H. 6. then six, and so the two ensuing years: In 29 and after, till 32. seaven; and then eight. In 33 and after, seaven: So also for a good part of King Edward the fourths time; but towards the end of his reign no [Page 40] more than four, nor in all King Henry the sevenths time.

Of this Court I find it also farther observable; that some of the Iusti­ces thereof were also Chief Barons of the Exchequer at the self same time; viz. Iohn Ivyn in 5 H. 6. in consideration whereof, by reason that the Termes in the Exchequer were longer than in this Court of Common-Pleas, he had a grant Pat. 5 H. 6. p. 1. m. 13. of one Tun of Wine, yearly to be recei­ved out of the Kings own Wines, at the hands of his Chief Butler, in the Port of London, at the said Kings price. Sir Humphrey Starkey in Pat. 1 H. 7. p. 1. m. 25. 1 H. 7. and Iohn Fitz-Iames in Pat. 13 H. 8. p. 2. m. 1. 13 H. 8.

THe Description of this Court, and its Original, is thus set forth by an old Manuscript Penès The­saur. & Ca­merar. Scacc., in King Henry the 2 ^ds time, said to have been writ­ten by Gerv. Tilburiensis.

Scaccarium (saith he) tabula est quadrangula &c. The Exchequer is a four cornered board, about ten foot long, and five foot broad; fitted in manner of a Table for men to sit about: On every side whereof is a standing ledge, or border, four fingers broad.

Upon this board is laid a Cloth, bought in Easter-Term; which is of black co­lour, rowed with strekes, distant about a foot or a span. And a little after, he goeth thus on; This Court, by report, began from the very Conquest of this Realm; and was erected by King Wil­liam; but the reason and proportion thereof is taken from the Exchequer be­yond-Sea.

That this Court then had its name from the Board whereat they sate, there is no doubt to be made; consi­dering, that the Cloth which cove­red it was thus party-coloured; which the French call Chequy: Therefore I think we need not to trouble our selves with looking far­ther, either into the German, Dutch, or Latine Tongues, for the Etymolo­gy thereof; considering, that places have not seldome received their names from the like occasions, aswell as from the nature of them.

And now touching the Authority and dignity thereof, let us farther see what the same old Author expresseth; — Ex cod. ni­gro penès The­saur. & Came­rarios Scacc. per Gerv. Til­bur. (ut fer­tur) composito temp. Regis H. 2. Cap. 1. Nulli licet Statuta Scaccarii in­fringere, vel eis quavis temeritate resi­stere: habet enim hoc commune cum ipsâ Domini Regis Curiâ, in quâ ipse in propriâ personâ jura decernit, quod nec recorda­tioni nec sententiae in eo latae, liceat ali­cui contradicere.

By which words it is manifest, that the Court of Exchequer, was then a distinct Court from that Court of the King, where he himself used to sit in person, and whence there was no appeal.

In this Court then sate, by the in­stitution Dialog. Scacc. per Gerv. Tilbur. Cap. 4. of the said King William, not only the great Barons of this Realm, aswell Ecclesiastical as secu­lar; but also the Iustice of England, as President thereof by his Office; and and so continued to do for a long space after: for in Regist. a [...] Abb [...]on in bibl. Cotton sub effigie Claudii C. 9. f. 177. a. King Henry the seconds time, the Abbot of Abing­don being dead, and one sent by the Kings Iustices to seize the possessions of that Monastery into the Kings hands; de communi consilio, saith the Register of that House, misimus domi­num Nicholaum Priorem nostrum &c. [Page 50] by Common consent, The Ex­chequer. we dispatcht away Nicholas our Prior, and certain of the Monks, unto Ranulph de Glan­vill, who then executed the power of Iusticiar under the King, throughout his whole Realm; to the end that he might, by word of mouth, represent to him our Customes; and to intreat him, that they might not be altered by reason of this seizure: And when they came to the said Ranulph, then sitting in the Exchequer at Westm. ☞ and had manifested to him what our Liberties and Customes were; he, advising with the Bishops, and other Iustices who also sate there, published the judgment of the Court; viz. that whether our Church were desti­tute of a Pastor or not, our Customes should not be infringed.

And to come lower, even to King Henry the 3ds. time; I find, that up­on the seizure of certain lands into the Kings hands, which did beling to one Rose de Chesterton; she was then commanded R [...]5. to appear coram Huberto de Burgo Iusticiario, & Baro­nibus de Scaccario, die dominicâ proxi­mâ post Octabas S. Trinitatis.

So also, about ten years after, Ste­phan de Segrave, Capitalis Angliae Iusti­ciarius (they are the words) Math. Paris.[?] of Math. Paris.) rem Scaccarii tractavit; scil. Thesaurum, Custodias Puerorum, & Es­chaetas, us (que) annum Domini 1234. (id est 18 H. 3.)

In this Court Fines were antiently, sometimes levied and recorded, as by these instances appeareth; the one upon an Agreement Ex ipso [...] made betwixt Roger de Brai, and Mabell the Daugh­ter of William de Orgr, concerning lands in Maldone, sold by the said Mabell unto the same Roger—coram Iusticiariis Regis; scil. Ricardo Picta­viensi Archidiacono & Reginaldo de Warennâ apud Dunstaplam: which agreement concludes thus; Hanc Cartam, quam Sigillo meo confirmavi, concessi & confirmavi apud Scaccarium, coram domino Ricardo de Luci, & aliis Baronibus de Scaccario. This, though not dated, was in King Henry the 2 ^ds. reign; for then was the said Richard de Luci Iustice of England, and sate in this Court as others, of whom I have already made mention, having that Office then did.

The other was Ibid. upon a grant made by Hawise de Iselham and Raphe her Husband, Cap. 19. and Roger their Son and Heir, unto William Briwere (Chief Lord of the Fee) of all their Lands in Iselham; wherein the words run thus— Haec venditio facta fuit in pleno Comitatu de Devenescire, & po­stea retracta & recordata apud West­monasterium, ad Scaccarium, die Io­vis, proximâ post Festum S. Lucae Evan­gelistae an .xxvi. Regis Henrici secundi, coram Ricardo Winton. Gaufrido Elien. & Iohanne Norwic. Episcopis; & Ranulpho de Glanvilla, & Ricar­do Thesaurario, & Will. Basset, & Alano de Furnellis, & Roberto Mantell, & aliis Baronibus, qui tunc ibi aderant.

Whence also it is observable; that three of the Spiritual Barons then sate in this Court, with Ranulph de Glanvill (who was at that time Iu­stice of England) and three tem­poral Barons.

So likewise in King Richard the firsts time, as from the Record it self is manifest; In Scacc. pe­nès Camera­ries Scac. Haec est finalis concordia facta in Curiâ domini Regis apud Westm. ad Scaccarium, die dominicâ proximâ post Festum S. Marci Evange­listae anno regni Regis Ricardi nono, coram H. Cantuariensi Aechiepiscopo (&c.) Iusticiariis domini Regis (&c.)

So also in King Iohns, as appeareth by the Clause Claus. 14 Ioh. m. 4. in dorso. Roll of that year; Rex &c. I eadem gratiâ Norwicensi Episcopo &c. Nuncios vestros ad nos destinatos suscepimus; &, audito eorum nuncio eos misimus ad fideles nostros G. filium Petri Iusticiarium nostrum, Sahe­rum[?] Comitem Wintoniae, VV. Bri­war, Magistrum Ricardum de Maris­cis, tunc ad Scaccarium nostrum residen­tes, & ad caeteros Barones de Scaccario nostro; ut de singulis, per eorum con­silium vobis responderemus &c.

And plain it is, that, not only till the ixth. of H. 3. that the great Charter was confirmed; but after­wards for the greatest part of King Edw. the first reign, the Common-Pleas were usually held in this Court: for by the Statute called Articuli super Cartas made in 28 E. 1. it is there ex­pressly enacted, Cap. 4. that No Common-Plea [Page 51] shall be henceforth held in the Ex­chequer, contrary to the form of the great Charter.

And, instead of these Ecclesiasti­cal and Secular Barons, here sate Ca­nonists and other temporal persons, learned in the Laws of this Realm, who thereupon had the name of Ba­rons, because they sate in the same places as the real Barons did; the Lord high Treasurer also supplying the room of the Chief Iustice of England, as Fleta tells us Lib. 2. cap. 26.— Iusti­ciarios ibidem commorantes, saith he, Barones esse dicimus, eo quod suis locis Barones sedere solebant, dum Comes Norfolciae & Marescallus Angliae lo­cum habuit in sedili, tanquam Capitalis Iusticiarius Regis Angliae, Rege in regno suo non existente; cujus locum hodiè oc­cupat Thesaurarius, sed officium tamen occupare non potest.

Consonant to which testimony of Fleta, the Record Claus. 18. H. 3. in dorso m. 16. of 18 H. 3. ex­presseth, that William de Beauchamp was appointed ad residendum ad Scac­carium tanquam Baro: and so likewise were, at the same time, Alexander de Swereford Treasurer of the Cathe­dral of St. Paul in London, and Rich­ard de Muntfichet, each of whom had a Pension Liberatae de an. 27. H. 3. m. 3. of xl. marks per annum, payable out of the Kings Exchequer for their support in that service. And that other such persons were so constituted in succeeding times, my Chronologick Tables will plainly demonstrate: Amongst which Roger de la Ley in 48 H. 3. who then, be­ing the Kings Remembrancer in this Court, was assigned Claus. 48. H. 3. m. 10.— ad officium Baronis in Scaccario praedicto explen­dum, there being Claus. 48. H. 3. m. 10. no other Baron there, at that time, but himself.

IT cannot rationally be thought, considering the great change which the Norman Conquest had made in this Realm, that the Go­vernment should easily so settle, as that a firm tranquillity could be sud­denly enjoyed; Iustices Itinerant. King William the first having enough to do, not only to se­cure himself from those Insurrections of the native English, whereof he had sufficient cause to be in fear; but to qualify his Norman subjects, who were inclinable enough to a defecti­on; and to oppose the invasions of the Scotts and Danes, on the behalf of Edgar Etheling, which often threat­ned his quiet.

Nor in the time of his Son King William Rufus could it be well ex­pected, by reason of the Rebellion of his Nobles, on the behalf of Ro­bert Duke of Normandy; and the frequent incursions of the VVelch. And, though the reign of King Henry the first was for the most part pros­perous: yet untill King Henry the 2 ^d. (by whose Grandmother Maud, the Saxon blood was restored) after no small contests with King Stephan, did enjoy the Crown, the Clouds of trou­ble were not cleerly blown over: Howbeit in his dayes, peace and qui­et beginning to flourish; to the end that the people might have Iustice with more ease administred to them upon all oceasions, and consequently the better attend their domestick af­fairs; by the advice Bcaedictus Abbas in vitâ Regis H. 2. in bibl. Cotton. sub effigie Iu­lii A. 11. fol. 72. b. of his great Council, assembled at Northamp­ton upon the Feast day of the Con­version of St. Paul (viz. 25 Ian.) in the year of our Lord MCLxxvi. (be­ing the 23th. year of his reign) he di­vided R. Hoved. f. 313. a. M. Paris. in anno 1176. this his Realm into six parts; and into each of them sent three Iu­stices Itinerant; unto whom he gave an Oath, that they should faithfully observe those Constitutions Quas vide apud Rog. Ho­ved. in anno 1164. fol. 313. b. which he had then newly made in his great Council held at Clarendon (com­monly called the Assize of Claren­don) and cause them to be inviolably kept by all his subjects of this Realm, the names of which Iustices Itinerant, I have in my Chronologick Tables exprest.

But notwithstanding I here fix the Original of our Iustices Itinerant no higher than the 23th. year of King Henry the 2 ^ds. reign: yet must I ac­knowledge, that there was something of this kind before, though not set­led in any constant course: for cer­tain [Page 52] it is, that Geffrey Bishop of Con­stance, [...] and some other great men (Barones Regis they are called) did sit at Kenteford, in the time of King William the Conquerours reign; and [...] did then hear and determine the Clayms touching the rights and liberties of the Church of Ely, which were at that t [...]me disputed be­fore them.

These Iustices, as [...] I [...] acton ob­serves, were called Itinerant, by rea­son of their journeying from place to place; sometimes for the hearing of all causes in general; sometimes on­ly certain special matters; viz. Assi­zes, and the Gaols. Those, [...] saith he, who are appointed in their Iters to travail from one County to another, for the hearing of all Causes in gene­ral, are to take an Oath for the better behaving themselves in that imploy­ment; each of them having a parti­cular Writ to warrant his proceed­ing [...]; and afterwards one ge­neral Writ to them [...]: the form of the spe [...]al Writ being as fol­low [...].

[...] A. N. salu­t [...]m [...] cum dilectis & [...] nostris A. B. C. ad itineran­dum per Comitatum VV. (vel Comitatus D. S. R. nostns) de omnibus Assisis & placitis, tam Coro [...]ae & nostrae, quam aliis, secun­dùm quod in B [...]evi nostro de generali summonitione, indè vobis directo pleni [...]s continetur. Et ideo vobis mandamus; rogantes, quod in side quâ nobis tenemini, una cum praedictis sociis vestris, ad haec expedienda [...]ideliter & diligenter inten­datis; u [...] tam fidem vestram, quàm dili­gentiam ad hoc appositam debeamus me­rito commendare. Teste &c.

In what manner and order they were to proceed in this service, Brac­ton doth fully set [...] forth: where also he describeth the Oath of the xii. Knights to be elected, for to present the Truth in all Pleas of the Crown, with the Articles whereupon they were to make enquiry.

The form likewise of the VVrit directed to the Shireeves, for sum­moning all such persons, as were con­cern'd in this service, to appear be­fore the said Iustices, I have here also added.

Rex Claus. 3 H. 3. in dorso m. 13. Vicecom. Cap. 20. Ebor. & Nor­thumbr. salutem. Summone per [...]onos summonitiones omnes Archiepiscopos, Episcopos, Abbates, Comites, & Barones, milites & liberè tenentes, de totâ balli­viâ tuâ; & de qualibet villâ quatuor legales homines, & Praepositum; & de quolibet Burgo xii. legales Burgenses, per totam balliviam tuam; & omnes alios de balliviâ tuâ, qui coram Iusti­ciariis Itinerantibus venire solent & debent; quod sint apud Ebora [...]um co­ram Iusticiariis nostris à die S. Martini in xv. dies, audituri & facturi praecep­tum nostrum. Facias etiam venire tan­tum coram eis, omnia Placita Coronae, quae placitata non sunt, & quae emerse­runt postquam Assisa ultimo fuit in par­tibus illis, coram Iusticiariis Itineran­tibus, tempore domini Iohannis Regis, patris nostri; & omnia a [...]tachiamenta ad Placita illa pertinentia; & omnes Assisas & omnia placita quae posita sunt ad primam Assisam coram Iusticiariis, cum Brevibus Assisarum & Placitorum, ita quod Assisae & omnia placita, pro de­fectu tui, vel summonitionis tuae non re­maneant. Facias etiam clamari & sci­ri, per totam Balliviam tuam, quod omnes Assisae, & omnia placita, quae fue­runt terminata, & non finita coram Iu­sticiariis nostris apud VVestmonasteri­um tantum, sint coram praefatis Iusticia­riis apud Eboracum in eo statu quo re­manserunt per praeceptum nostrum apud VVestmonasterium. Summone etiam per bonos summonitiones omnes illos, qui Vicecomites fuerunt post ultimam itine­rationem Iusticiariorum in partibus il­lis, quod tantum sint ibidem, coram prae­fatis Iusticiariis, cum Brevibus de Assi­sis & placitis quae tempore suo recepe­r [...]nt; & ad respondendum de tempore suo, sicut responderi debent, & coram Iusticiariis Itinerantibus: & habeas ibi summonitiones & hoc Breve. Teste VV. Marescallo Comite Pembrochiae Rec­tore nostro & Regni nostri, apud VVest­monasterium, quarto die Novembris, coram S. Cantuar. Archiepiscopo, & P. VVinton. & Dunelm. Episcop.

Eodem modo scribitur omnibus Vice­comitibus Angliae, praeterquam Glouc. VVigorn. Hereford, Staff. & Salop, Leic. & VVarwick, sed variatur lo­cus, sicut continetur in dorso literarum patentium.

[Page 53] But these Iustices continued not their Iters any longer than King Ed­ward the thirds time; Cap. 21. for Selder's notes upon Hengham pag. 143. then, those which we now call Iustices of Assize, served in their stead.

OF these, the first mention I find is in Bracton— Lib. 3. cap. 10. Sunt etiam Iusticiarii constituti ad quasdam Assisas, duo, vel tres, vel plures (saith he) qui quidem perpetui non sunt; quia, expleto negotio jurisdictionem amittunt.

And the form of the Writ where­by they were first constituted I have here added from the Record.

Claus. 9. H. 3. m. 11. in dorso. Rex N. N. salutem. Scias, quod constituimus te Iusticiarium nostrum, una cum dilectis & fidelibus nostris N. & N. ad Assisas novae disseisinae capien­das, & Gaolam deliberandam in Comi­tatu G. Et mandavimus Vicecomiti no­stro B. quod ... die apud D. venire faciat coram vobis, omnes Assisas novae disseisinae, quae summonitae sunt coram Iusticiariis ad primam Assisam, cum in partibus illis venerint; & omnia Atta­chiamenta, & sectas quae pertinent ad Gaolam deliberandam: & de quali­bet villâ Comitatus G. venire facias quatuor legales homines & Praepositum: & de quolibet Burgo vel villâ mercandâ xii legales homines; & omnes milites & liberè tenentes, ad faciendum quod tu & praedicti Iusticiarii eis dicetis ex parte nostrâ ad pacem nostram observan­dam de hiis qui malè creduntur, vel in­dictantur de latrociniis, roberiis, vel morte hominum: Et ideo tibi mandamus, quatinus, omni dilatione & occasione post­positis, praedictis die & loco ipsis sociis tuis occurras; & una cum eis diligen­ter & fideliter ad hoc intendas. T. Rege apud Westm. xiiii die Iunii, referring the names of the particular persons, who were at that time sent into the several Counties of this Realm, for taking Assizes of Novell disseisin and Gaol delivery to my Chro­nologick Tables; where, under the title of Iustices Itinerant they are in­serted.

But after this, Iustices of [...]. viz. in 21 E. 1. the King having by his last Statute Pl [...]c. P [...]rl. 21 E. 1. n. 12. [p. 130. im [...]. Lo [...]d. 1662. of Westm. given command, that there should be special Iustices as­signed for the taking of Assizes, Iu­rats, and Certificates at certain times, within the several Counties of this Realm, and no other: And in re­gard, that aswell the Iustices of each Bench, as Itinerant, appointed for that purpose at certain times, when they were not in their Circuits, were often hindred in performance of that service; aswell in respect of their Office, as the Kings special Precepts to them directed, so that they could not come at the times and places by them so assigned: by reason of whose absence, many persons were hindred of their rights, and divers wrongs re­mained unpunished; the King, there­fore, to his power, willing that spee­dy Iustice should be done to all his people, gave command, that thence­forth eight discreet Iustices should be assigned to take Assizes, Iurats, and Certificates throughout his whole Realm; viz. two in the Counties of Yorke, Northumberland, West­merland, Cumberland, Lancaster, Notingham, and Derby: And two in the Counties of Lincoln, Lei­cester, Warwick, Stafford, Salop. Northampton, Roteland, Glouce­ster, Hereford and Wigorn: And two in the Counties of Cornwall, Devon. Somerset, Dorset, UUiltes. Southampton, Oxon. Berks. Suffer and Surrey: and two in the Counties of Kent, Essex, Hertford, Norff. Suff. Cambridge, Huntendon, Bedf. and Buck. And that the Assizes, Iurats, and Recognizances for the County of Middlesex should be taken before his Iustices of the Bench.

Which said eight Iustices, so as­signed as aforesaid, were diligently to attend that service throughout the whole year, on such dayes, and at such places, as might most conduce to the advantage of the people.

[Page 54] [...]

¶ THe Mirrour of Iustices; Cokes Reports lib. 9. in pro­oemio. being a Treatise of the Law and usa­ges of this Kingdome, whereby it was governed above eleven hundred years past. In which Book the whole frame of the Common Law of this Realm appeareth. It treateth of the several Courts, and jurisdiction of them, inter alia.

To this Treatise Andrew Horne ad­ded much in King Edw. MS. in bibl. Hospic. Lin­coln. 1. time.

• Impr. Lond.
  • An. 1642. Gallicè.
  • An.
    Cokes Reports Vol. 8. & 10. in prooemio.
    1647. Anglicè.

Sigebert King of the East-Angles A. Ioh. Balaei Cent. 1. Cap. Lxxviii. D. DCLiii. wrote a Book of the Laws of England, called Legum Statuta.

King Ethelbert (Son of King Ethel­wolf) Circa ann. Christi DCCCLxiiii. caused a Book to be made, Ioh. Balaei Cent. 1. Cap. Lxxiiii. called De­creta judiciorum.

King Alfred wrote a Book of the Laws of England, Cokes Reports lib. 3. in pro­oemio. called Breviarium [Page 56] quoddam, Law- [...] ex divertis legibus, s [...]il. Tro­janorum, Graecorum, Britannorum, Sax­onum, & Dacorum compositum.

And another of the West-Sa [...]on Laws, [...] and translated into English the Laws of Molmutius, and the Mercian Laws.

King Athelstan wrote three books; [...] one of the antient Laws corrected; another of the new Laws; and a third of Constitutions for the Clergy.

The Volume, [...]. called Registrum Cancellariae, [...]. or the Register Original, in use before the Norman Conquest. Impr. Lond. apud Guill. Rastall an. 1531. Et per assign. Iohannis More an. 1634.

Iudicia Civitatis London. In bibl. C [...] ­to [...]. [...]b effi­gie Claudii D. 2. fol. 14. Sax. & Lat.

Le grand Coustumier du pays & Duche de Normandie. Impr. a Roven an. 1539.

Constitutiones Sapientum de re­formatione Ecclesiae & Reipublicae (Saxonicè.) In bibl. [...] effigie Claudi [...] A. [...]. n. 6.

Tractatus imper [...]ectus de Legibus Angliae, Henr. I. In bibl. [...] scriptus tempore Henrici primi Anglorum Regis; divisus in quatuor Libros; quorum primus contin [...]t Leges Anglicas in Latinum translatas: Secundus habet quaedam scripta (ut inquit Author) temporis nostri necessaria: Tertius est de statu & agendis causarum: Quartus est de Furto & partibus ejus.

Ranulph de Meschines Earl of Che­ster temp. H. 1. compiled a Book of the Common Laws of England. Cokes [...] vol. S. in pro­oemio.

King Henry the 2 ^d. wrote a Book of the Common Laws and Statutes of England; Henr. II. [...] and according to the same division, intituled the one part Pro Republicâ Leges, and the other Statuta regalia, whereof no fragment doth now remain.

Tractatus de monet [...] & assai [...] temp. H. 2.

Consuetudines Angliae, quae pro­ponebantur Tho. Becket Archiep. Cant. temp. Regis H. 2. cum constitutioni­bus eiusdem Regis renovatis in Nor­manniâ.

Consuetudines Cantii. Cap. 23. [MS. in bibl. Co [...]oa. sub effig. Claudii A. 8. f. 135 [...]

Assisa panis probata per Pisto­rem Galfridi filii Petri Iusticiarii Angliae. MS. in bibl. Cotton. sub ef­figie Iulii D. 7. n. 17.

Ranulph de Glanvill (Chief Iustice of England temp. H. 2.) wrote of part of the Laws of England. Ioh. Balaei Cent. 3. Cap. 93. (viz. de Legibus & consuetudinibus secun­dùm quas placitatur in Scaccario. Impr. Lond. per Ric. Tothill an. 1557. Et per Thomam Wight an. MS. in bibl. Cottoa. sub ef­figie Claudii D. 2. f. 82. 1604.

Fasciculus Iohannis de Oxoniâ de Cartis & contractibus. De hoc fit mentio in vet. membr. in bibl. Cottoa.

Ockham wrote of Tenures of the King, De hoc fit mentio in In­stit. super Litleton f. 13. a. but did not perfect it.

Henry de Bracton (a Iustice Itine­rant in 29 H. 3.) writ a Treatise of the Customes of England (temp. H. 3.) Impr. Lond. per Ric. Tottel an. Henr. III. Ioh. Balaei Cent. 3. Cap. XCviii. MS. in bibl. Hosp. Linc. 1569. & R. Young an. 1640.

Rex &c. Sciatis quod commisi­mus dilecto Clerico nostro Henrico de Bracton, Pat. 38 H. 3. m. 2. domos quae fuerunt Wil­lielmi de Ferrariis, quondam Comi­tis Derb. in London in Custodiâ nostrâ existentes; ad hospitandum in eis­dem us (que) ad legitimam aetatem haere­dum ipsius Comitis T. R. apud Win­ton 25 Maii.

A Treatise called Summa South­ampton. De hiis fit mentio in vet. membranâ in bibl. Cottoâ.

Another de antiquo dominico Co­ronae.[MS. vet. ejusd [...]m penès Guib. Goddard Hosp. Lincoln. ar.]

Returna Brevium.

A Treatise called Summa fet asa­ver. MS. vet. ejus­dem penès praef. Guib. Goddard.

Iohn de Bretton (one of the Pat. 53 H. 3. m. 2. Cokes Reports Vol. 8. in pro­oemio. Iusti­ces of the Kings Bench in 53 H. 3.) wrote a Book of the Common Laws of England, by command of King Ed­ward the first, ut in prooemio ejusdem patet. Impr. Lond. per Rob. Redman in parochiâ S. Dunstani in Fletestrete, apud Signum S. Georgii (temp. H. 8.) Et an. Ioh. Balaei Cent. 4. Cap. xliiii. 1640.

Raphe de Hengham, Edw. I. Chief Iustice of the King's Bench in 6 E. 1. composed a Register of Writs. De hoc fit mentio in vet. membranâ in bibl. Cotton.

[Page 57] He wrote two other Volumes, MS. vet. penès Galfr. Palmer eq. aur. & Bar. Attorn. gene­ralem R. Car. 2. Necnon in Bibl. Hospic. Lincoln. de Essoniis pro defaltis & formulis placitan­di called Hengham magna, and Hengham parva. Impr. Lond. cum notis Ioh. Seldeni an. 1616. 8 ^o.

¶De compositione monetae & mensurarum. MS. in bibl. Cotton. sub ef­figie Cleopatrae A. 16. f. 46. [MS. vet. ejusdem penès praef Guib. Goddard.]

¶Summa de Legibus & consuetu­dinibus Angliae à Magistro Henrico de Bractono composita tempore Regis H. In bibl. Selde­nianâ MS. ut patet ex dis­sert. ad Fle­tam. p. 457. 3. in compendium redacta per Gilber­tum de Thorntone Capitalem Iusti [...] ad Placita coram Rege tenenda 18 E. 1.

¶Placita Parliamentaria, unà cum judiciis forensibus, Ex vet. cod. MS. in archi­vis regiis, in Arce London. sive sententiis dif­finitivis desuper latis, regnantibus Ed­wardo primo & Edwardo secundo, An­gliae regibus. Impr. Lond. an. 1661. per Henr. Twyford & Tho. Dring.

¶Statutum Regis in Iudaismo. In ver. MS. penès Matth. Hales eq. aur. Capit. Baronem de Scacc.

¶De Veteribus Placitis Coronae. Ex vetusto MS. penès Orl. Bridgeman Capit. Iustic. de Banco on. 1663.

¶Nova Capitula Coronae. Ibid.

¶Dampna in Duplo. Ibid.

¶Ordo Exceptionum. Ibid.

¶Placitorum Relationes, vulgari­ter nuncupatae Year-books de annis 22. 23. 27. 28. 29. 30. 31. 32. 33. 34. & 35. Edw. 1. MS. in bibl. Seldenianâ.

¶Aliud vol. de annis 30. us (que); 35 E. 1. inclusivè.

¶Placita de Itinere Cornubiae 30 E. 1. MS. in bibl. Seldenianâ fol. 311. a.

¶Fleta [cum dissertationibus V. Cl. Edw. 2. Ioh. Seldeni.] Impr. Lond. 1647. MS. in bibl. Cotton. sub ef­figie Iulii B. 6.

¶Ordinances des Barons an. 5. Regis Edw. 2. MS. in bibl. Cotton. sub ef­fig. Claudii A. 8. fol. 287. & 288.

¶Aliae Ordinationes eodem anno. Ibid.

¶Ordinances for establishment of the estate of the Household of King Edw. 2. Ibid. fol. 296.

[Page 58] Relationes Placitorum, vulgari­ter nuncupatae Year-books, incipi­entes Term. Mich. 1. E. 2. & fini­entes an. [...] 7 E. 2.

Aliud volumen continens tale [...] Placitorum Relationes à Term. Mich. 5 E. 2. & finientes Term. Trin. 19 E. 2.

¶ Novae Narrationes (being certain praesidents for Pleadings) written [...] about the beginning of King Edward the thirds time; [...] vouched and allow­ed by Sir Iohn Prisot Knight Chief Iustice of the Common-Pleas temp. H. 6.

¶Assaium Auri an. MS. [...] Cotton [...] sub [...] Cleopatrae A. 16. fol. 5 [...]. 23 E. 3.

¶Natura Brevium vetus. Impr. Lond. MS. in bibl. Hosp. Li [...]. per Ric. Tottel, an. 1572. Et impr. Lond. 1584.

¶The Year-Books of King Edward the thirds time; MS. in bibl. Hosp. Li [...]. in three Volumes.

The first Imprinted at London by ... And by Ric. Tothill, MS. in bibl. Hosp. Li [...]c. an. 1562.

The second part Impr. Lond. per ... & per Ric. Tothill, an. 1585.

The third part Impr. Lond. per ... & per Thomam Wight, an. 1600.

¶Liber Assisarum, tempore Re­gis Edwardi 3 ^tii. compositus. Impr. Lond. per Societatem Stationariorum, an. MS. in bibl. Hosp. Linc. 1606.

¶Old Tenures. MS. in bibl. Hosp. Li [...].

¶Placita in Itinere in Com. Bed­ford, Nott. MS. in bibl. [...] & Derb. 3 E. 3.

Aliud vol. in quo continentur Pla­cita in Itinere in Com. Nott. Bedf. & Derb. Ibid. 4 E. 3.

¶The Year-Book of King Richard the seconds time, Ric. 2. containing Cases adjudg'd; being collected by Richard Bellew of Lincoln-Inn. Impr. Lond. per Rob. Robinson, an. 1585.

¶The Year-Book of K. Henry the fourths time. Henr. 4. Impr. Lond. per Ric. Tothill, an. 1562. Etan. 1575.

¶The Year-Book of King Henry the fifths time. Impr. Lond. per Ric. Tothill, Henr. 5. an. 1563. Et 1570.

¶ De laudibus Legum Angliae; writ­ten by S ^ir Iohn Fortescu Knight, Lord Chief Iustice of the Kings Bench temp. H. 6. Imprinted at London an. MS. in bibl. Cotton. sub ef­figie Otho [...]s B. 1. n. 1. 1599.

Et cum Notis V. Cl. Ioh. Seldeni. Impr. Lond. an 1616.

De dominio regali, & de dominio regali politico, MS. in bibl. Cotton. sub ef­figie Claudii A. 8. n. 19. Et sub effigie Othonis B. 1. n. 2. Anglicè, per eundem Ioh. Fortescu.

Abridgment of the Book of Assi­zes ... Cokes Reports Vol. 2. in pro­oemio.

De legibus & consuetudinibus Angliae. MS. in bibl. Cotton. sub ef­figie Othonis E. 12.

¶The Year-Book of King Henry the sixths time; viz. the first part. Impr. Lond. per societatem Stationa­riorum, an. 1587. Et. an. 1609.

The second part. Impr. Lond. per Ric. Tothill, an. 1567.

¶ Stathoms Abridgment, Edw. 4. contain­ing an Abridgment of the Year-Books, Cokes Reports Vol. 2. in pro­oemio. till King Henry the sixths time. Writ­ten by Nicholas Stathom one of the Ba­rons of the Exchequer, temp. E. 4. Impr. Lond. per Ric. Pynson temp. H. 8.

¶ Littletons Tenures, compiled by Tho. Litleton one of the Iustices of the Common Pleas temp. E. 4. wherein he had great furtherance from Sir Iohn Prisot, Cokes Reports Vol. 2. in pro­oemio. Lord Chief Iu­stice of the same Court temp. H. 6. Impr. Rothomagi per Ric. Pynson temp. H. 8. in 4 ^to.

Necnon temp. ejusdem Regis H. 8. in Civitate Londoniarum, juxta Ec­clesiam omnium Sanctorum, per Io­hannem Lettow, & Will. de Machliniâ, in fol ^o. Et Impr. Lond. per W. West, an. 1581. in 8 ^o.

¶The Year-Book of King Edw. the fourths time. Impr. Lond. per Th [...]. Wight & Bonham Norton, an. 1599.

¶The Year-Book of 5 Edward 4. commonly called Long 5 ^to. Impr. Lond. per Rit. Tothill, an. 1587.

[Page 59] The Year-Book, containing the times of King Edw. Edw. 5. the 5 ^th. King Richard the 3 ^d. Ric. 3. King Henry the 7 ^th and from the 12 ^th. unto the 27 ^th. of King Henry the 8 ^th. Henr. 7. Impr. Lond. per societatem Stationario­rum, an. Henr. 8. 1619. & an. 1620.

¶ Edm. Dudley (sometime a Ser­jeant at Law, Henr. 7. and afterwards of the Privy Council to King Henry the 7 ^th.) wrote a Book, Ioh. Balaei de Script. Brit­tan. Cent. xi. Cap. Lxxxiiii. called Arbor Rei­publicae.

¶Le bregement de touts les Statu­tes. Impr. Londini per Rob. Redman us (que) ad an. 18. Regis Henrici octavi. Henr. 8.

¶S ^r Anthony Fitz Herbert Knight, one of the Iustices of the Court of Common Pleas temp. H. 8. wrote these several Books; viz.

The grand Abridgment, containing an abstract of the Year-Books till the time he lived in. Impr. Lond. an. 1516. & an. 1565. in folio.

Natura Brevium novel. Impr. Lond. per Ric. Tottel, an. 1588. Et postea sc. an. 1635. in 8 ^vo.

The Office of Iustices of the Peace, Shireeves, Bayliffs, Eschaetors, Con­stables and Coroners.

An. 1547. Impr. Lond. An. 1617.

¶A Book called the Diversity of Courts; Cokes Reports Vol. 10. in prooemio. compiled an. 21 H. 8.

¶Magna Carta cum diversis aliis Statutis. Impr. Lond. per Ric. Pyn­son, an. 1519. (in 12 ^o.)

¶ Cristoph. St. Germin (a Student of the Inner Temple) wrote a Book called Doctor and Student, Cokes Reports Vol. 10. in prooemio. being a Dia­logue betwixt a Doctor of Divinity and a Student of the Common Laws of England, touching the fundamen­tal Laws of England, compiled an. 23 H. 8. [Impr. Lond. an. 1598.] Et an. 1604. per Tho. Wight. Et an. 1613. 8 ^vo.

¶A Treatise made by Divines, Cokes Reports Vol. 10. in prooemio. and other learned men in the Laws, of the Realm, concerning the power of the Clergy, and the Laws of the Realm; published temp. H. 8.

¶Treatises concerning the manner of keeping of Courts Baron and Leet; Modus tencndi Hundredum &c. Retur­na Brevium, Charta feodi, and Ordi­nances for Fees in the Exchequer; pub­lished temp. H. 8. Impr. Lond. per R. Tothill an. 1559.

¶ Robert Kelway (Supervisor Libe­rationum Regis 10 H. 8.) wrote sundry Reports of Cases in Law ab an. 12 H. 7. us (que) 21 H. 8. Impr. Lond. per Ioh. Croke, pro Tho. Wight, an. 1602. in folio.

¶ Iohn Perkins, an Utter-Barister of the Inner-Temple, Edw. 6. compiled a Treatise super certos titulos Legis Com­munis. Impr. Lond. an. 1609. 8 ^vo.

* A special Patent to Richard Graf­ton, to have the sole Printing of all the Statute-books. T. R. apud Westm. 22 Apr. Pat. 1 E. 6. p. 1. m. 7.

* A special License to Richard Ta­thille, Citizen, Stationer and Printer of London; for him and his assigns, to imprint, for the space of seven years next ensuing the date hereof, all manner of Books of the Temporal Law, called the Common Law; so as the Copies be allowed and adjudged meet to be printed by one of the Iu­stices of the Law, or two Serjeants, or three Apprentices of the Law; whereof the one to be a Reader in Court. And that none other shall imprint any Book which the said Ric. Tathill shall first take and imprint, du­ring the said term, upon pain of for­feiture of all such Books. T. R. apud Westm. 12 Apr. Pat. 7 E. 6. p. 3.

¶ Pleas of the Crown, Qu. Mary. and Preroga­tive of the King (in two Volumes) written by S ^r William Stamford Knight, one of the Iustices of the Court of Common Pleas in the time of Queen Mary. Impr. Lond. per Ric. Tottell, primò An. 1557. & secundò cum correctionibus, An. 1560. Et an. 1607.

Pleas of the Crown. Impr. Lond. per Ric. Tottel, an. 1583.

Praerogativa Regis. Impr. Lond. per Ric. Tottel, an. 1590.

[Page 60] [...]

He compiled another Book of cer­tain adjudged Cases in the times of King Henry the 8th. King Edward the 6th. and Queen Mary. Impr. Lond. per Th [...]mam Wight, an. 1604 Et per Richard Tottel, an. 15 [...]8.

¶The Book of Entries, [...] containing dispersed, and undigested Pleadings. Impr. Lond. [...]er Ric. Tottel, an. 1566.

Statutes abridg'd. Impr. Lond. an. 1611. in folio.

Liber Intrationum. Impr. Lond. per X. Yertswert an. 1596. folio.

Terms of the Law. Impr. London ... 8 [...].

Concordance of years. Impr. Lond. an. 1614. 8 [...].

Table to Fitz Herbert's Abridg­ment. Impr. Lond. an. 1614. 8 [...].

* A special License to Iohn Cawood for the imprinting of all Acts of Par­liament, Proclamations, Injunctions, and other Books and things of what sort soever, which are already pub­lisht in English, or shall be publisht by the Queen or her successors. T. R. apud Westm. 29 Dec. Pat. 1 Mariae pag. 2.

* License to Ric. Tottle, Stationer of London, to imprint, or cause to be imprinted, for the space of seaven years next ensuing, all manner of Books which touch or concern the Common Law, whether allready im­printed, or not. T. R. apud Westm 1 Maii. Pat. 2. & 3. Ph. & M. pag. 1.

¶ Dyers Reports, Qu. Eliz. containing the Iudgments upon sundry Cases, from 4 H. 8. to 24 Eliz. collected by Sir Iames Dyer Knight, Lord Chief Iu­stice of the Common Pleas in 1 Eliz. Impr. Lond. an 1601. Et an 1621. folio.

Abridgment of Dyers Reports by Sir Tho. Ireland of Grays-Inn. Impr. Lond. 1651.

Table to Dyers Reports. Impr. Lond. per Ric. Tottel, an. 1588.

* License to Ric. Tottell Citizen, Printer, and Stationer of London, to print all manner of Books, touching the Common Laws of England, for his life. T. R. apud Westm. 12 Ian. Pat. 1 Eliz. p. 4.

¶ Plowdens Comentaries, in two Vo­lumes, containing Iudgments and Pleadings upon divers Cases; col­lected by Edmund Plowden Esq a Learned Sergeant at the Law, in Qu. Maries time. Impr. Lond. an. 1599. folio, an. 21 Eliz.

Plowdens Quaeres. Impr. Lond. temp. incerto.

¶ Gregorye's Moot-book, compiled by ... Impr. Lond. per Tho. Wight, an. 1599. 8 ^vo.

¶The Abridgment of the years of King Richard the 2 ^d. collected by Ric. Bellewe of Lincolns-Inn. Impr. Lond. per Rob. Robertson, an. 1585.

¶ Bendlows Reports, containing the Iudgments upon sundry Cases in the times of King Henry the 8th. King Edward the 6th. Queen Mary and Queen Elizabeth, collected by William Bendlows a learned Serjeant at the Law. Impr. Lond. 1661.

¶A Treatise of the Forest Laws written by Iohn Manwood of Lincolns Inn. Impr. Lond. ... Et postea an. 1615.

¶ Simon Theloall his Digest of Writs. Impr. Lond. an. 1579. per Ric. Tottel, 8 ^vo.

¶De priscis Anglorum Legibus lib. per Gulielmum Lambardum, de Hospicio Lincolniensi Arm. Impr. Lond. an. 1568. (10 Eliz.) Et Can­tabr. an. 1654. folio.

¶ Eirenarcha, or the Office of Iu­stices of Peace, by the same Will. Lambard. Impr. Lond. an. 1581. Et an. 1592. Et an. 1610.

Archaeon, or a Discourse upon the high Courts of Iustice in England by the same W. Lambard. Impr. Lond. 1635.

[Page 61]Table to the Year-books, temp. Edward the 5th. Ric. the 3 ^d. Henry the 7th. and Henry the 8th. by Will. Fleet­wood Serjeant at Law, and Recorder of the City of London. Impr. Lond. per Ric. Tothill, an. 1579. in 16.

¶Institutions or principal grounds of the Laws and Statutes of Eng­land. Impr. Lond. per Ric. Tothill.

¶The Lawyers Logick, exempli­fying the Precepts of Logick and prac­tise of the Common Law, by Abraham Fraunce. Impr. Lond. 1588.

¶The Court-Leet and Court-Baron; setting forth the manner of holding those Courts, and the Iurisdiction of them; by Iohn Kytchin of Grays-Inn. Impr. Lond. an. 1580. Et an. 1602. Et an. 1663. 8 ^vo.

* License to Christopher Barker, for the imprinting of all Statutes and Acts of Parliament, Proclamations &c. in English, for life. T. R. apud Westm. 27 Sept. Pat. 19 Eliz. p. 8.

* License to Nicasius Yetsweirt to print all manner of Books concerning the Common Laws of this Realm, for xxx. years. T. R. apud Westm. 18 Nov. Pat. 20 Eliz. p. 10.

License to Charles Yetswert to print all manner of Books which con­cern the Common Laws, for xxx. years. T. R. apud Westm. 20 Martii. Pat. 36 Eliz. p. 11.

* A special License to Tho. Wright and Bonham Norton to print all Law Books, for xxx. years. T. R. apud Westm. 10 Martii. Pat. 41 Eliz. pag. 4.

* A special License to Rob. Barker for printing of all the Statutes, during his life. T. R. apud Westm. 19 Iulii. Pat. 1. Iac. p. 24.

¶The necessary use and fruit of Pleadings, compiled by Richard Cary. Impr. Lond. per Thomas Wight, an. 1601.

¶Parallel of the Civil, Canon, and Common Law, in sundry Dialogues, written by Will. Fulbeck in two Vo­lumes. Impr. Lond. 1601. 4 ^to.

A direction or preparation to the study of the Common Law, by the same Will. Fulbeck. Impr. Lond. an. 1620.

¶The Iurisdiction of Courts, com­piled by Richard Crompton of the Mid­dle-Temple. Impr. Lond. an. 1594. 4 ^to. Et an. 1637.

¶A Treatise de Pace compiled by Ferdinando Pulton of Lincolns-Inn. Impr. Lond. an. 1610. folio.

An Abridgment of the Statutes, by the same Ferdinando Pulton. Impr. Lond. an. 1612. folio.

¶ Office of Iustice of Peace, compi­led by Mich. Dalton of Lincolns-Inn. Impr. Lond. an. 1619. in folio.

Office of Shireeves compiled by the same Mich. Dalton. Impr. Lond. an. 1623. in folio.

¶ Symbolography, containing Presi­dents for all sorts of conveyances and other Instruments, commonly called Wests Presidents, compiled by William West of the Inner-Temple. Impr. Lond. an. 1632. Et 1647. in 4 ^to.

Fines and Concords, by the same Will. West. Impr. Lond. 1627.

¶Treatise of Wills and Testa­ments, by Henry Swinborne. Impr. Lond. An. 1611. Et an. 1640.

¶ Use of the Law Elements, compi­led by Sir Francis Bacon Knight, At­torney General to Queen Eliz. (after­ward Lord Verulam and Viscount of St. Albans, and Lord Keeper of the great Seal of England.) Impr. Lond. an. 1629. in 4 ^to.

Maxims of the Law, written by the same Sir Francis Bacon. Impr. Lond. an. 1630.

The Reading of the same Sir Fran­cis Bacon upon the Statute of Uses. Impr. Lond. an. 1642.

¶ Epeikeia, or a Table to such Ca­ses in Law as concern the Exposition of Stat. by Equity, written by Tho. Ashe, of Greys. Inn. Impr. Lond. an. 1609. 8 ^o.

A Treatise called the Promptuary, [Page 62] compiled by the same Thomas Ashe, containing 2 Volumes of Tables to the Annales and other Books of the Common Law. Impr. Lond. an. 1614. in folio.

A Table in French to Sir Edward Cokes Reports, composed by the same Thomas Ashe. Impr. Lond. 1618. in 8 ^vo.

¶Reports of Cases adjudg'd ab an. 13 Eliz. us (que); 13 ^m Iacobi Regis, collected by Sir Edward Coke Knight, Chief Iustice of the Kings Bench, in xii. Volumes. Impr. Lond. an. 1602. Et an. 1615. in folio.

His Institutions in 4 Volumes

The first being a Commentary upon Littletons Tenures. Impr. Lond. 1633.

The second containing an Expo­sition of Magna Carta and divers other antient Statutes. Impr. Lond. 1642.

The third concerning Pleas of the Crown and Causes Criminal. Impr. Lond. an. 1644.

The fourth concerning the Iuris­diction of Courts. Impr. Lond. an. 1648.

Another Volume, called the Book of Entries, containing perfect and ap­proved Presidents for Pleadings. Impr. Lond. an. 1614.

¶ Nomotechnia, Temp. Reg. Iacobi. written by Iohn Finche of Grays-Inn, Serjeant at Law. Impr. Lond. an. 1613. in folio.

¶Reports and Cases adjudg'd in Ireland, collected by Sir Iohn Davyes Knight, Serjeant at Law. Impr. Lon­don an. 1615. in folio.

¶The Office of Executors, by ... Wentworth of Lincoln-Inn. Impr. Lond. an. 1623.

¶Reports and Cases adjudg'd, collected by S ^r Iohn [...]opham Knight, Lord Chief Iustice of the King's Bench. Impr. Lond. an. 1656. in folio.

¶Reports and Cases adjudg'd, collected by Will. Leonard of Grays-Inn, from 18 Eliz. to 33 Eliz. Impr. Lond. an. 1658. in folio.

¶Reports and Cases adjudg'd, collected by Sir Henry Yelverton Knight, one of the Iustices of the Court of Common Pleas. Impr. Lond ... in folio.

¶Reports and Cases adjudg'd, collected by Sir Humphrey Winche Knight, one of the Iustices of the Court of Common Pleas, containing the four last years of King Iames, Impr. Lond. an. 1657. in folio.

¶Reports and Cases adjudg'd, collected by Sir Henry Hobert Knight, Lord Chief Iustice of the Court of Common-Pleas. Impr. Lond. an. 1641.

¶ Cowell's Interpreter, containing an interpretation of the Law Terms and divers obsolete words, written by Iohn Cowell Doctor of the Civil Laws, and his Majesties Professor of the Civil Law in the University of Cambridg. Impr. Cantabr. an. 1607. Et Impr. Lond. 1637.

Institutiones Iuris Anglicani, writ­ten by the same Iohn Cowell. Impr. Lond. An. 1630.

¶The English Lawyer, being a Treatise concerning ... written by Sir Iohn Doddridge Knight, one of the Iustices of the King's Bench. Impr. Lond. ...

The Compleat Parson, or a Trea­tise of Advousons, written by the same Sir Iohn Dodderidge.

¶Commission to Sir Henry Mon­tagu Knight and others, for reviewing and reforming of Sir Edward Cokes Reports. T. R. apud Westm. 24 Nov. Pat. 14 Iac. p. 6.

¶Reports of Cases adjudg'd, temp. Reginae Eliz. Regis Iacobi & Regis Caroli primi, by Sir George Crooke Knight, late one of the Iustices of the Kings Bench.

Vol. 1. Impr. Lond. an. 1651.

Vol. 2. Impr. Lond. an. 1658.

Vol. 3. Impr. Lond. an. 1661.

¶Reports of sundry Cases ad­judg'd temp. Regis Iacobi & Regis Caroli primi, collected by Sir Richard Hutton Knight, one of the Iustices of the Court of Common-Pleas. Impr. Lond. an. 1656. folio.

[Page 63] ¶Reports of sundry Cases ad­judg'd temp. Regis Iacobi & Caroli, collected by Sir Iames Ley, sometime Lord Chief Iustice of the Kings Bench. Impr. Lond. an. 1659.

¶Rerum judicatarum Centuriae 8 ^o. collected by David Ienkins a learn­ed Lawyer of Grays-Inn. Impr. Lond. an. 1661.

¶Reports and Cases adjudg'd from 3 Iac. unto 9 Iames, by Sir Rich­ard Lane Knight, Attorney General to Prince Charles; and afterward Lord Keeper of the great Seal of England. Impr. Lond. an. 1657.

¶Reports of divers Cases ad­judg'd, collected by ... Goldes­borough. Impr. Lond. an. 1653. 4 ^to.

¶Reports of divers Cases ad­judg'd, temp. Reginae Eliz. Regis Iacobi, & Regis Caroli 1. by William Hughes of Grays-Inn. Impr. Lond. an. 1653.

Original Writs by the same Will. Hughes. Impr. Lond. an. 1655.

¶Reports of divers Cases ad­judg'd temp. Reginae Eliz. Regis Iacobi, & Regis Caroli, collected by William Noy of Lincolns-Inn, Attor­ney General to King Charles the First. Impr. Lond. an. 1656.

¶Reports of divers Cases ad­judg'd, collected by Sir Iohn Bridg­man Knight, sometime Chief Iustice of Chester. Impr. Lond. an. 1659.

¶Abridgment of the Statutes by ... Wingate of Grays-Inn. Impr. Lond. an. 1655. in 4 ^to.

Maxims of Reason, by the same ... Wingate. Impr. Lond. an. 1658. in folio.

¶Reports of divers Cases ad­judg'd in the times of King Iames and King Charles, collected by Sir Richard Hutton Knight, one of the Iu­stices of the Court of Common Pleas. Imprinted Lond. an. 1656. folio.

¶Reports of divers Cases ad­judg'd in the 3 ^d. 4 ^th. 5 ^th. 6 ^th. and 7 ^th. years of King Charles the first, col­lected by Sir Thomas Hetley Knight, Serjeant at Law (of Grays-Inn.) Impr. Lond. an. 1657. in folio.

¶Epitome of Sir Edward Cokes Reports, by ... Trotman. Impr. Lond. an. 1640.

¶Reports of divers Cases ad­judg'd in the three first years of King Charles the first, collected by Iohn Latch of the Middle-Temple. Impr. Lond. an. 1662.

¶Reports of divers Cases ad­judg'd, collected by ... Brownlow Prothonotary in the Kings Bench Court. Impr. Lond. an. 1651. in folio.

Writs judicial, by the same ... Brownlow. Impr. Lond. an. 1653.

Declarations and Pleadings by the same ... Brownlow. Impr. Lond. an. 1653.

¶Reports of divers Cases, by Edward Bulstrode of the Inner-Temple, in three Volumes.

The first Impr. Lond. an. 1657.

The second Impr. Lond. an. 1658.

The third Impr. Lond. an. 1659.

¶An Abridgment of the Law, under several Titles, by William Shepheard of Grays-Inn. Impr. Lond. 1656.

¶DE judicio Aquae & Ignis, MS. in bibl. Cotton, sub ef­figie Vitellii A. 7. Pa­nis Hordeaci & Casei, & Sa­cramenti.

¶Narratio de Legibus Angliae, MS. in bibl. Cotton. sub ef­figie Iulii D. 2. n. 16. [...] ubi de Monetarum pondere & de As­sisâ Panis.

¶A Treatise concerning Sutes in the Chancery by Sub-poena. Ibid. sub effi­gie Cleopatrae A. 15.

¶De necessariis observantiis Scac­carii. Ibid. A. 16. n. 1.

¶Tractatus de Monetâ & Assaiâ. Ibid. f. 38.

[Page 64] ¶De potestate regiâ in Ecclesia­sticis. [Ibid. E. 6.]

¶Touching the Iurisdiction of the Clergy. [...]