ARCHEION, OR, A discourse Vpon the High Courts OF justice IN ENGLAND.  
Composed by William Lambard, of Lincolnes inn, Gent.  
Newly Corrected, and enlarged according to the Authors copy.  
Omnia judicia, aut detrahendarum controversiarum: aut puniendorum maleficiorum causa reperta sunt,  CIC. 
LONDON, Printed by E. P. for Henry Seile, dwelling at the Tygers-head in St. Pauls Church-yard. 1635.   

THE authors EPISTLE. Dedicated to the Right honourable Sir Robert Cecil, Knight, one of her Majesties most Honourable privy council.  
ALbeit, right honourable Sir; that my bound duty towards you, as well for the singular favour of my most honourable Lord your Father, continually extended upon me, as also for that cheerful Regard which it hath pleased yourself to vouchsafe unto me, might have moved me with the first, to gratulate unto You, that Honourable place whereunto you are right worthily advanced: Yet that J may not onely bewray my ioy thereof in vanishing words, but testify it also with some more standing memorial that might remain: J have purposely spared to see your Honour, until that I might come accompanied with this copy of mine Archeion, or Commentaries of the Courts of England; Whereof, some J penned sundry yeeres sithence, others not long ago, and the rest so lately, that your Honour may, if it please you, take the first view and reading of them; wherein if you shall find either pleasure or profit, then shall I also both enjoy the desire of my heart, and the expected fruit of my travail, And thus hearty praying GOD to increase your Honor with your yeers, that as you bee already by Nature the son; so you may at the length by imitation become the very heir of that renowned Nestor, and onely Atlas of the English country and Commonwealth. I humbly pray you to pardon the escapes both of me and this Writer. From Lincolnes inn this 22. of October, 1591.  
Your Honors to command, 
 Wil. Lambard.   

To the Reader.  Corruptio unius est generatio alterius. 
FOR had not this late aspersion trenched too much upon the piety I owe to so worthy an Ancestor( as I dare say) the kingdom would aclowledge; truly I should not have given my least assent to have advanced this to light, ( which too lately was, without my privity, or liking.) But the crying Errors( arising from the untimely publication) call upon me, to vindicate him from that wrong( if any such can be) and myself from an imputed apathy. But why do I call them wrongs, and aspersions? since that sweet Odour he hath left, cannot by their false ingredients be so sophisticated, but may by the judicious bee easily smelled out. And for those that delight merely in superficials, neither weighing the sense, or defects, but swallow the errors for erratas; such as these it hath already passed. Others are to be expected, of mere active souls; and of these, some that will pass sentence( upon the book) before it come to judgement: I shall assign them the Character, heretofore occasioned upon this very work; 
fools will contend, without the cause discerning,  
And argue most, of what they have no learning.   
I have too much digressed: seeing my desires are to be repaired, for injuries past; not to labour to prevent I know not what, to come: Grant me the first, and I shall appeal the other to thy judgement; and think, I have well tendered my duty I owe to my Parents, and country.  
T. L.   

The Contents.  

COntention hath been from the beginning. pag. 1  
The beginning of kingdoms. pag. 3  
The beginning of laws. pag. 4  
The beginning of Courts of Iustice. pag. 5  
What a Court signifieth. pag. 8  
The Division of Courts. pag. 9  
ecclesiastical Courts what they be. pag. 9  
Lay Courts of two sorts in ancient time. pag. 13  
The first division of this realm for jurisdiction. pag. 13  
The Kings Bench. pag. 19  
The division of mere Lay Courts at this day. pag. 20  
The Court of Exchequer. pag. 24  
The first beginning of Iustices in Eyre. pag. 30  
The Court of Common Pleas. pag. 34  
The division of the Courts by briton. pag. 36  
Marshall, whence it is. pag. 37  
seneschal, whence. pag. 39  
The admiralty, and its Name. pag. 41  
The Constables Court, and whence the Name. pag. 43  
The Chancellor and chancery Court. pag. 45  
The Great seal, and the Office of him that beareth it. pag. 47  
The Court of equity, or chancery. pag. 58  
The Court of Star-chamber. pag. 78  
The first part of this Discourse. pag. 79  
The sundry sorts of extraordinary criminal causes. pag. 82  
The offences of public persons. pag. 82  
The misdemeanours of private men. pag. 85  
The apparent lack of ordinary help. pag. 89  
The second part, inquiring who is judge of these extraordinary criminals. pag. 95  
The Kings council. pag. 101  
The conflicts between the Law absolute and ordinary. pag. 108  
The Office of the King. pag. 117  
The true moderation of jurisdiction absolute. pag. 120  
The maintenance of that moderation. pag. 122  
Examples of that moderation. pag. 133  
President of the Requests. pag. 139  
Order taken for the council, during the minority of King Henry the sixth. pag. 141  
The third part, touching the place. pag. 148  
The Star-chamber is the usual place. pag. 149  
The name of Star-chamber. pag. 154  
The ancient usage of the Star-chamber. pag. 156  
The Officers of the Star-chamber. pag. 159  
The authority of the Star-chamber, by new Statutes. pag. 163  
A Confutation of some Objections against the Star-chamber. pag. 175  
The double authority of the Star-chamber. pag. 174  
The several Offences determinable by the Statutes. pag. 182  
Maintenance, and Champartie. pag. 183  
Giving of Liveries. pag. 190  
embracery. pag. 199  
Offences in the making of panels. pag. 203  
untrue returns by Sheriffes. pag. 208  
Taking of Money by jurors. pag. 212  
Riots, Routs, and Rebellious Assemblies. pag. 215  
Counterfeits of privy Tokens. pag. 222  
The Court of Requests. pag. 224  
The Presidents and Councells. pag. 231  
The duchy Court of Lancaster. pag. 231  
The Court of Wards and Liveries. pag. 233  
The Court of Augmentations. pag. 233  
The Wardens Court. pag. 234  
The Parliament. pag. 238  
The word Parliament. pag. 239  
The conformity and reason of the three Estates in Parliament. pag. 244  
The beginning of the Parliament. pag. 246  
The continuance of the Parliament till the Conquest. pag. 246  
The continuance of the Parliament after the Conquest. pag. 260    

ARCHEION, OR, The High Courts of Iustice in England.  

Contention hath been from the beginning.  
AS there is no doubt, but that continually, even from the first propagation of mankind upon the Face of the Earth, there hath been before ●he flood, Cain, Cainists, and proud giants; and after the flood; Cham, Nimrod, Esau, and such others, mighty hunters, and injurious oppressors of the servants of God: So it is not to be thought, but from time to time, even sithence also God hath of his fatherly care and merciful providence, always stirred up some of his own, whom he hath endowed, and armed with sufficient wisdom, authority, and Power, not onely to preserve his little ones from the greedy jaws of such ravenous persecutors; but also after some sort to resist their fury, and to chastise them for their excess and outrage. And hereof it was, that whilst all the world consisted of a few Householders, the Elder( or Father of the Family) exercised authority over his Meyney, and did distribute Reward and pain amongst them after his own discretion, according as the old Poet saith, 
Iura daunt singuli natis& uxoribus.    

The beginning of kingdoms.  
but after such time as by Multiplication of Families and Hamlets, natural Love was somewhat more cooled, as being derived, and drawn further from the Fountain: And after such time also, as greediness of enjoying the fat of the Land had moved debate and dissension, sometimes from the Limits of grounds( whereof the word Lis took the name) sometime for the use of a River or Water that ran between the possessions of two men,( whereof also such Contenders were called Rivales) and sometimes for some other causes; but yet so, that always the mightier, and more mischievous, did( as Bulls in the Heard) gore and grieve the weaker and better sort. Then fled men( as Cicero conjectureth) to some one among them, excelling others in virtue, and submitted themselves unto him, praying that he would by equity save them from injury, and maintain both the mightiest and the meanest in one indifferency of right and justice. And truly, so long as they found this at his hand, they took for Law whatsoever he pronounced, and they obeied( as an Oracle) whatsoever was commanded by him.   

The beginning of laws.  
but when as( at the length) he also either did convert to his singular gain, that Authority which was given unto him for the common benefit of others, or else dealt not a like measure unto all; but abandoning Iustice, made Lust his judge, and Might his Minister; then forthwith alteration of the former estate followed, and then were laws and rules of Iustice devised, within the which( as within certain Limits) the power of Governors should from henceforth be bounded, 
Iura inventa metu iniusti, fatea●e necesse est, Horat.  and which should have but one tongue and voice, wherewith to speak to all sorts of suitors.   

The beginning of Courts of Iustice.  
again, after all this also, when not only the multitude of men was grown infinite; but wickedness also was much increased with the time: and consequently contentions waxed so many in number, and manifold in matter, as neither any one person was found able to determine the Suits, nor any one place sufficed to contain the Suitors: Then accordingly( as jethro advised Moses) the jurisdiction( or charged of administering Iustice) was first broken into parts, the hearing of causes was divided amongst many persons, and sundry places were appointed to that special end, and service. Whereof it came to pass, that the Israelites( which were the first people of the world, to whom any written Law was given) did pronounce their judgements in the Gates of every city, to the end, that both all men might behold the indifferency of their proceedings, and that no man should need to go out of his way to seek Iustice.  
The old Romans first within their Temples, of purpose to show that Iudgement was a Divine thing; then afterward in Curia& Foro. The Athenians also, and their Temple called( by reason of a special judgement) Areopagus, and in the places called Palladium and Pritaneum: And albeit that the Gauls( our Neighbours, that bee now called Frenchmen) did hold their Assemblies for Iustice only at Carnute or charters, a place so situate in the midst of their country, that all the people might have indifferent resort thereunto: After which order also the Britans of this island did make their like meetings as it might be well gathered out of Caesars Commentaries, where he plainly writeth, that those druids( which then were the Iudges amongst the Gauls) had fetched that their manner of Discipline out of britain, where wee now dwell: Yet nevertheless, the Saxons, our Ancestors,( which succeeded them in this country) they( I say) retained the manner of the old Germans, their own Elders, who( as Tacitus writeth) Iura per pagos vicosque reddebant; and they made distribution of Iustice, not onely in one town, or in the Princes Palace, but also at sundry other special places within the country.  
And truly, the Normans( that invaded the posterity of the same Saxons here) did not so much alter the substance, as the name of the Saxons order, which they found at their coming hither.  

Of Courts.  For( in effect) they did but change the word Gemot, which in the Saxon tongue signified an Assembly( or Meeting) into the French word Court, or Cour;( for so it is also found written) being a term of the selfsame force and signification.   

What a Court signifieth.  
THis Court, or Cour, therefore is derived of the latin Curia; which also is fetched from Cura,( as Valla writeth) whereby it is notified, that heed and care ought to be taken in the deciding of Contro●ersies.  
It signifieth properly both the ●ssembly of men for the hearing of ●auses in variance, and the place ●●so where the Assembly is made: according to the first of which significations, the Saxons( as I said) called it 
Which signifieth a meeting ( ad exercitationes Legis congressus) from whence we have the word Mootes.  Gemot, a meeting, of Ge●ettan, to meet: and agreeable to the ●●cond, the Kings house was first called a Court, because the chief Court of Iustice was holden there.   

The Division of Courts.  
but now of Courts, some may be called ecclesiastical, some, Lay; and othersome, mixed,( that is to say) both ecclesiastical and Lay.   

ecclesiastical Courts, what they be.  
ecclesiastical Courts be many in number, and divers in nature; whereof the greatest, is the Convocation of all the Archbishops, Bishops, and whole Clergy of both the Provinces of canterbury and york; the which is always summoned by the Kings Writ, 
13. Eliz. cap. 12. 24. H. 8. cap. 12.  and which can do nothing without the royal assent first had and obtained.  
And so the spiritual prelates of the upper House being assembled by the queens Writ in the Convocation might after appeal made unto them determine of matter touching the queen.  
The next to those, be the two provincial synods of canterbury and york: to the latter of the which, there are onely three bishoprics subject; that is to say, Durham, carlisle, and Chester: all the residue owing their obedience to the Sea of canterbury.  
Then follow the Court of the High Commissioners, in Causes of Religion and the Court of Delegates; to the which there lieth appeal, from sen●●nce given in the Arches.  
After these, be the general Courts 〈◇〉 the Archbishop of canterbury; ●●at is to say, the consistory,( or Court o● Arches) as well for Appellations, as for matters of the first instance.  
The Court of Audience,( or the Chancelors Court) which was wont to bee holden in the Archbishops House.  
The Commissaries( or the Prerogative) Court, for probates of Testaments; and the Court of Faculties, for Dispensations: if at the least, that may be called a Court, which holdeth no Plea of controversy.  
Lastly, the special Courts of this Archbishop, namely, the Confistorie, holden by his commissary at Canterbury, for his own diocese; his Archdeacons Court, and the Court of ●hose peculiar Deaneries, which do belong to him, and do lie in th● diocese of other Bishops.  
The other Archbishop( and each other Bishop also) hath in his diocese the Court of his chancellor, an● the Court of his Archdeacon, or Off●ciall.  
But for as much as the description of these ecclesiastical Courts pertaineth to another Learning, mean to the Civill and Canon lawe●s( by which they be governed;) an● for that they do not peculiarly( a● the rest) belong to our Nation, an● may withall require a several Treatise by themselves; I will at thi● time content myself with thi● bare enumeration of them, as bending my labour chiefly to the discovery of the Lay or Temporal Courts that had, or now have plac● amongst us.   

Lay Courts of two sorts in ancient time.  
LAy Courts were at first of two sorts onely, Base and High: Concerning the beginning whereof, I ●ead, that even as Moses( the special Minister of Iustice appointed by God, finding himself unable to ●●staine the burden of deciding all ●ontroversies of the people) did set ●●dges over Tribes, hundreds, Fifties, ●nd Tenths of the multitude; to ●hom he referred the determination of smaller causes; reserving to himself the knowledge of matters that were of greater importance.   

The first division of this realm, for jurisdiction.  
SO also the Saxon,( but Christian King of England) Alfred, divided this whole realm first into Shires, then those Shires into laths, Rapes, or Ridings, and those again into Wapentakes, 
engulf. Croyland, 12. H. 7 ●7. b. Fineux  or Hundreds; and lastly those also into Leets, Boroughs, o● tithings: and did withall establish jurisdiction in every of these, permitting to the Reeves( or Iudges of the lower rooms) authority of hearing smaller Suits, granting greater power to the sheriff, and Aldermen, which had charge of greater Assemblies, and retaining to himself the decision of such matters, as by just cause of Appellation, either for Law, or equity, should be brought unto him.  

Shire-Mote, or Shire-Court.  The Court of the whole Shire was of two sorts: whereof the first then called Scyregemote, that is, the assembly of the Shire( and now termed the Sheriffes-turne) was then( as now also) holden twice a year.  
And this Court was of like jurisdiction to the Court of the Leet, or of ●he Burroughs or tithings, as it was ●hen called.  
The second and the Hundred ●ourt, then name Hundresmote, 
Hundred Court.  was ●n those dayes appointed to bee ●olden once in a month at the least, ●nd that was of like nature to the Countie-Court,( which is now kept ●nce every month also:) And to the Court Baron, anciently called ●eal-gemot, and corruptly Haylemot, 
Court Baron.  that is,( as I said) the Court of the Hall, Mannor, or chief place which 〈◇〉 now at this day to bee kept, and maintained once in three weekes, if the Lord will so have, and use it.  
I red further in the laws of the ●axon King Edgar thus, 
Sax. laws, Cap. 2. f. 79.  Negesecenam ●an won Cyng rot &c. Let no man seek to the King in matter of ●ariance, unless he cannot find ●… ght at home: but if that right ●… e too heavy for him, then let him seek to the King, to have 〈◇〉 lightened.  
The very like whereof, in effect is to be seen in the laws of Canutus the Dane, sometime King of thi● realm also: Out of which Law, gather four things.  
1 First, That every man ha● means to sue in those base Courts at home in the country, for the recovery of his right.  
2. Then, that no man ought to sue out of the country, or to draw his Plea from thence, without good cause; both which things do lie plainly in the Letter of this Law.  
3. Thirdly, that the King himself had a High Court of Iustice, wherein, it seemeth, that he sate in person: For the words be, Let him not seek to the King.  
4. And lastly, that the same Court of the King did judge not onely according to mere Right, and ●aw, but also after equity and good conscience.  
For first the words be, ( unless he ●●nnot find right at home:) by which 〈◇〉 is permitted, that then he might ●●e to the King for right. again, ●he words stand thus; If that Right 〈◇〉 too heavy, then let him seek to the King, &c. whereby it is meant, that goody should have the rigour of the ●aw mitigated by the conscience of ●he Prince. And after this order, ●nd in those two sorts of Courts was ●ll Iustice administered, until the time of King William the Conque●●ur: During whose reign( as ●●so under the Government of ●ing Rufus, his son) it is to be thought, that the ordinary course ●f Iustice was greatly disturbed, ●s well by reason of the intestine ●nd foreign Warres, as also because that these two Princes go●erned by a mere and absolute power, as in a realm obtained by Conquest.  
But yet it was so far off, that any of them did utterly abolish these Courts, that the same did not only remain during all their times( howsoever put to silence for a season;) but also had continuance afterwards, and do yet( as they may) bear life amongst us.  
For( as I said) those base Courts of the Shires, Hundreds, Burroughes, and manors, do yet remain( in a manner) the same in substance that they then were. And that the Pleas ought no more to be taken from them now in our dayes( without cause) than they ought then to have been, may evidently be proved by the Writs of Folt Pone, Accedas ad Curiam, and Recordare, which wee now yet use; and that to this onely end, to remove Suits( upon cause) out of one Court into another.   

The Kings Bench.  
THe like I may also affirm of that High Court, 
The High Court of Justice before the Conquest for Law and Equity.  which then fol●owed the King himself; and is thereof, till this day, called the Bench of the King. For albeit that many peculiar High Courts be now, sithence that time, advanced, by reason that the multitude of Suits still ●ncreasing with the iniquity and ●ge of the World, would not suffer them all to be ordered in one place, without both intolerable delay of matters, and great vexation of men: Yet nevertheless, if you will thoroughly behold the matter and subject about which all these Courts are now occupied, you shal perceive, that they are but, as it were, so many branches sprung out of that one three, or streams derived from the same Spring and fountain.  

pie Powders, of pies feet, and Powlders dusty, because it is for Travellers to the Faire.  For letting pass those Courts of the country, which I have already touched; and also those other small Courts of Record, that be in Cities and towns corporate; yea, and the Pye-Powders Court itself, that lasteth no longer than the Faire; I say, that all our Higher Courts at this day, be either Courts of Rights and Law, or else of equity and Conscience, as they then were; although they now require another subdivision than they then had, and that if you will, may be this.   

The Division of mere Lay Courts at this day.  
THe Courts of Law do either hold civill, or criminal Causes( more anciently termed Common Pleas, and Pleas of the crown) and these civill Causes be either moved between the Prince himself, and his Tenants and Subjects; or else be●weene Subjects themselves; and that either of our own realm only, ●r of it, and another realm.  
Those Courts of Law that hold Plea of common, or civill matters growing between the King, or the Prince, and his Subjects, be these: The Exchequer, devised for the safe ●ustodie of the Crowne-lands, and for ●he faithful answering of the Re●enues of the same. The Court of Wards and Liveries, the Court of ●he duchy of Lancaster, and the Chancery Court, at the least so far forth as the same hath to do with Petitions, Travers juram. de droit, and such like causes.  
Those other Courts of Law, that have jurisdiction of civill or common Pleas, arising between our own Subjects, be these:  
The Common Pleas, or Bench; the marshalsea, for matters within the Verge, or limits assigned to the Kings House, or Palace.  
The Admiralty Court for marine causes, and the Kings Bench, so far forth as it doth retain jurisdiction in matters of Debt, Assumption, Actions upon the case, and such other things more properly tryable in the Common place, than here; and these be the Courts of mere Law, that have ordinary resort and limited jurisdiction.  
The Courts of absolute conscience for civill Causes, be these: The chancery open to all men: The Court of Requests, that specially heareth the Suits of poor men, and of the Princes servants.  
The Chancellors Court within the Exchequer, and the two Councells established the one in Wales, the other in the North-countrey, both consisting of President and counsel, like unto those which in France are commonly called Parliaments.  
criminal Causes belong yet still either generally to the Kings Bench; or specially to the Court of Star-chamber; or else particularly to the Constables Court, to the marshalsea, admiralty, Gaol-deliverie, Oyer and Terminer, and Sessions of Peace for our own Subjects, or to the Wardens Courts in the Marches, for causes of that kind between us and the Scots.  
But now, to the end that it may the more evidently appear, how, 
The order of this discourse of Lay Courts.  and by what degrees of increase these many Courts have sprung out of that one, it is requisite that I proceed in the History of King William the Conqueror, where I left, and descend from him downward, until I have set them all on foot, some in the order which I have laid, and some Historically, as the time itself begot them.   

The Court of Exchequer.  
IT is confessed by all Writers, that the conqueror( after such time as he had suppressed the forces of those that made head against him here) did immediately cause the whole realm to be exactly surveyed by Shires and Hundreds severally; as well for the understanding of Woods, Pastures, meadows, and Tillages thereof, as also for the profit of Churches, Mills, Villains, and of all other commodities whatsoever. The Record of which Survey was then called doomsday Book, and was appointed to be kept in the Exchequer at Westminster; where it now resteth.  
And that Court also did he then newly erect for the order of his Revenues, after the name of his Exchequer in normandy, though in the manner thereof it differed not a lit●●● from it: For the Exchequer of ●●rmandie had not onely the go●●●nment of the Revenues of the ●●ke there, but was also the Sove●●●gne Court for administration of ●●stice among his subjects; and so continued, until that Lewis the twelfth, King of France, in the year after Christ, 1499. converted it into a Court of Parliament, consisting of President and Counsellors, and es●●blished it at rouen in normandy, where it now remaineth.  
But this his Exchequer in England had onely the direction of his Demesnes and Receipts; the administration of common Iustice continuing still in that other High Court of 〈◇〉, as it was before his coming h●●her.  
For proof of which matter, I c●ll to witness Gervasius Tilburiensis, ●earned man, that lived so near to the time of the Conquest, that he co●fessed that he had conference wi●● Henry the Bishop of Wincheste● which was son to the Conquer●● own Sister.  
This man was an Officer of th● Exchequer here, and penned speci●● Dialogues of the Observations of th● Exchequer, which he dedicated 〈◇〉 King Henry the second, and be 〈◇〉 remaining in the Receipt, under 〈◇〉 custody of the chamberlains of th● Exchequer, in the black book the● In the first part of which his Di●logues, and the first Chapter, he writeth( for the antiquity of the E●chequer) that it was brought out 〈◇〉 normandy by the conqueror; an● for the authority of that Court, 〈◇〉 hath( amongst other words) the● following: Nulli licet Statuta Sc●carii infringere, vel eis quavis teme●tate resistere; habet enim hoc comni● cum ipsa Domini Regis Curia, in q●● ip●e in propria persona Iura decernit, ●●od nec Recordationi nec Sententiae 〈◇〉 eo latae liceat alicui contradicere. Whereby it is plainly proved, that the Court of the Exchequer was at ●●at time a distinct Court from that Court of the King; in the which he himself sometimes, and commonly his Iustice( called then Prima Iustitia) did use to sit: The one Court having authority over the Kings demesnes and Receipts, as ●ervasius( in all that work) at ●●rge discourseth; and the other ●sing the power of distributing common Iustice, as his words in this place, do sufficiently pur●ort.  
And therefore I cannot but( here ●y the way) note the error of them which do maintain, 
Commentar. f. 208. Sand.  that the Ex●hequer was( in this time of King Henry the second) a Court of whatsoever Common Pleas for all subjects whatsoever, and which( for proo● of their Assertion) do allege th● Title of Master Glanviles book i● part thus: Et illas solum Leges cu● tinet,& consuetudines, secundum qu● Placitatur in Curia Regis ad Scac●●rium.  
For overthrow whereof, first 〈◇〉 say, that the words of the Title be not the words of Glanvile himself but of that man( whatsoever he were) that published his Book i● Print; for he runneth his Book thus:  
Tractatus de legibus de tempore Regi● Henrici secundi, compositus illustri vi●● Ranulpho de Glanvillo juris regni,& antiquarum consuetudinum eo tempore peritissimo: which doth plainly bewray that he spake of Glanvile as of another man, and which also lived not then, but at another time.  
Secondly, I affirm, that if it were the speech of Glanvile himself yet if you will take the rest of his ●ords with you, you shall see that ●●ey have another meaning: for the ●ords stand together, Secundum quas ●●citatur in Curia Regis ad Scaccari●●,& coram Iustitiis ubicunque fue●●●t: so that if you red them with the point Comma next after the word Regis, then they will yield you three Courts, that is to say, the Exchequer, the Kings Court( or ●●nch) or the Court of the Iustices 〈◇〉 large: But if they be taken without any such point, yet the words, ●●ram justiciariis ubicunque fuerint, do set forth that other Court of the King, whereof I do now entreat.  
Lastly, I undertake to show you, not by the Title, but by the Text of ●●anviles own book; that in his time the Kings Court was one, and the Exchequer was another: For ●●●oughout his whole work, he calleth the Court of Common Plea● Curiam Domini Regis, and the Sti●● of the Writs thereof is, Quod sit ●●ram me vel justiciariis meis; bu● when he cometh to speak of th● Exchequer, he talketh of account to be made to the King there, an● of none other matter; as namely in the 7. book and 10. chapter where he hath this, Si Dominus Re●●● aliquam Custodiam alicui commiseri● tunc distinguitur, utrum ei custodia● pleno jure commiserit: Ita quod null●● ind reddere computum oportet ad Sca●carium aut aliter.   

The first beginning of Iustices in Eyre.  

Math. Par. Ann. 1176.  but before that I leave this Kin● Henry the second, I must add this also; That he in the three a●● twentieth year of his Reign, di●( by the advice of his Son and B●shops) cut the realm into six ●●ts, and to every of those parts ●●●ointed three Iustices, which by ●●nry Bracton are called Itinerantes: ●●d in britons book Iustices in 〈◇〉, quasi errants,( as Gervase of ●●●bury expoundeth it) in respect( as it seemeth) of those other which were first called Residentes, S●●●entes, and afterwards de Banco, 〈◇〉 the reason of their certain sit●●●g without remove.  
The proper names of which Iustices are set down by Roger Hove●●●, who also describeth their circ●●ts, not to differ much from the ●●me that our Iustices of Assize do ●●w ride: and these Iustices held ●●ea as well of criminal as of civill ●●its, and so continued till the be●●nning of the reign of King Ed●●rd the third, by which time their ●uthoritie was by little and little ●eakned, partly by a former advancing of certain new Iustices, calle● of Assize; because their first Offic● was, to take Assizes of Mortdances●● and of Novel disseisin( which in th● customs of normandy, from whic● it came, is called La Novellette) i● every Country: whereunto it was afterwards added, that they wit● others should take Attaints, I●ries, and certificates, and deliver th● gaols also; and partly by erecting of Wardens of the Peace( afterwards called Iustices of the Peace to whom likewise jurisdiction o● sundry sorts was given, and committed; so that about the beginning of the reign of King Edwar● the third, the Sessions in air di● altogether cease, and take leave And so I conclude, that not onel● during all the time of the Conquer●● himself, of William his son, an● of his other son Henry( whic● was a peaceable Prince, and a maintainer of ancient laws, and learned 〈◇〉 them; whereof he had the name ●●●auclarke) but also under the go●●rnment of King Stephen, and of ●●is Henry the second, there was one ●igh Court following the King, ●hich was the place of sovereign Iustice both for matter of Law and Conscience; and one other standing Court, which was governess onely 〈◇〉 the Land and Revenues of the crown. The first of which, was ●●en called Curia Domini Regis, and ●●ula Regia; for that the Prince him●●lfe did many times sit in person there, and had Iustices à later suo ●●●identes,( as Bracton saith) namely, ●●s chief Iustice, Chancellor, Consta●●e, Marshall, and others: for which ●●ason, it is called the Bench of the ●ing even to this day. The latter ●as then, as it is now, called Scacca●●m, eo quod lucibilis Scaccarii for●●●m haberet, if you will give faith to Gervase Tylburie; or else it took the name of Stattarium,( as Paulus Aemilius, and after him polydore Virgil do writ of it) or not unprobably was called Exchequer, of Escheats; because it had the order of those things which the Civilians do call Caduca, and we Escheats. And in this the Prince sate not personally at any time, but his chief Iustice as President, and then the chancellor of the Exchequer, the Treasurer, and Barons.   

The Court of Common Pleas.  
IN this plight that High Court of the King continued, until that Henry the third, in the ninth year of his reign,( which was about the time in which he aspired to the age of 21. yeares) finding by experience, that it was either chargeable or dilatory, or both, for his subjects to have no other remedy for trial of their rights, but either before himself, in that Supreme Court,( which removed with him wheresoever he went) or before those Iustices in Eyre( which came not yearly into the country) granted unto his subjects that great Charter of the Liberties of England; in the 11. Chapter whereof, he ordained thus: Communia Placita non sequantur Curiam nostram, said teneantur in aliquo certo loco. Whereupon followed two things: The first, that a new Court wa●●●●cted for the determination of such Pleas as did not concern the crown and dignity of the Prince, but were merely Civill, and did belong to the subjects between themselves: The second, that this Court was established in a place certain, and that was at Westminster; to the end, that the people might have a standing Seat of Iustice, whereunto they might resort, for the trial of their own Causes, and not be driven to follow the King and his Court, but onely where the matter respected him. And after this, all the Writs that are recited in Henry Bractons book,( which was written in the latter end of the reign of this King Henry the third) have this commandement to the party; Quod sit coram justiciariis meis apud Westminster, and not Coram me vel justiciariis meis, as the former form in Glanvile was. And thus began that Court; which, because it hath power over Common Pleas, wee now call the Common Pleas.   

The division of the Courts by briton.  
ABout this time also,( or not long after) some other Courts of Iustice were likewise opened, as it may partly appear by Henry Bracton, but more plainly by John briton, who followed immediately after him.  
For in the Reign of King Edward the first, this John briton, then Bishop of Hereford( whose name Master Bale in his Centuries, or his Printer mistaketh, and calleth Becton) being singularly learned in the laws of the realm,( did) at the commandement of that King, in his name compile a Book, now imprinted, and name briton, in the beginning whereof he parteth all jurisdictions thus:  
1 First, that the King himself hath sovereign jurisdiction above all others in his realm, to judge of all causes whatsoever.  
2 Secondly, that the 
Marshal of Mars, Marshal of mere a Horse, and Shalbe a governor, that is, Master of the Horse.  Marshall of the Kings House have the place of the King, to hear and determine Pleas of the crown within the Verge, and that the Iustices in Eyre have like authority in every country once in seven yeeres.  
3 Thirdly, that the Iustices shall follow the King wheresoever he goeth, and sit in his place, have Connuzance of erroneous judgements, appeals, and other matters concerning the crown.  
4 Fourthly, that the Coroner of the Household have his proper power within his Verge, and that he and others have the order of Weight and Measure throughout the realm.  
5 Then that Sheriffes, Coroners, Hundreders, Burgesses, Serjeants, and Beadles, have their Courts within every their particular limits.  
6 Sixthly, that Iustices( being continually at Westminster) have authority concerning the Kings Debts, and Fees, and all things incident thereunto.  
And lastly, that other Iustices have the charge of Assizes, and of the delivery of gaols in every county.  
And forasmuch as after this distribution of power thus made to hold Plea, some of these Courts would not contain themselves within their appointed limits, but sought to enlarge their authority by usurping jurisdiction that was appropriate to others, the same King did by Parliament( holden the 28. year of his reign) confirm the great Charter for ever, 
Cap. 3. 4.&  and in certain Articles( as he called them) set forth upon the Charter, did then by like authority of Parliament, enact, that they of the Exchequer should not take knowledge of any common Plea; that the 
seneschal, of Sein, a house, and Schale, a Governor: So Steward of Stow, a house, Ward a Keeper.  seneschal, or Steward, and the Marshall of the Kings household should not hold Plea of Frank tenement, but content themselves with the hearing of Trespasses, Contracts, and Covenants, made within the Verge, and that the Chancellor and the Iustices of the Kings Bench should follow him wheresoever he went, to the end he might always have men about him, that were able to deliver Law to such as should require it.  
Hitherto as you see, there is no express mention in briton, either of the Court of the admiralty, the Constables Court, or of the chancery. Therefore it remaineth yet, that wee labour to find out from whence they also fetched their beginning.  
And that shall we the more easily do, if we give heed to this that briton hath already opened; for he leaveth the sovereign jurisdiction of all Causes in the King: So that whatsoever the King hath not particularly delivered out to others, his Iustices Commissioners and delegates that still remained in himself, and was exercised either by himself in person, or by his Chancellor, Counsellors of Estate, and Iustices of Law that continually attended upon himself for that service.   

The admiralty, and its name.  
ANd therefore, first concerning the admiralty, I think that the decision of marine Causes was not put out of the Kings House, and committed over to the charge of the admiral, until the time of King Edward the third, whereunto I am lead partly by the consideration of the time of his Reign, which ●as much occupied with affairs ●eyond the Sea, both by reason of ●he warres in France, and of the intercourse and Trade of merchandise which then flourished, and partly for that I find no mention of the Admiralty before the second year of the reign of King Richard the second, who going about( by a Statute made in the 13. year after his coming to the crown) to restrain the authority of that Court( which had exceeded her known limits, doth take order that shee doth meddle no further than she wonted to do in the time of his grandfather King Edward the third, thereby reducing her authority( as I think) to the first original.  

admiral. {αβγδ}.  This admiral hath the name of the greek word {αβγδ}; which being declined, and fallen from Almurar to Almurall, as Doctor Cain( our Country-man, following Paulus Aemilius, writeth) doth signify the governor, or captain of the navy.   

The Constables Court, and whence the Name.  
THe Court of the Constable, or Marshall of England, determi●eth Contracts touching deeds of ●rmes out of the realm, and ●●ndleth things concerning Warre●ithin the realm, as Combats, Bla●●n, Armorie, &c. but it may not ●eale with battle in appeals, nor ●enerally with any other thing that ●ay be tried by the laws of the ●and.  
And albeit that briton( whose purpose was only to set forth the ●ourts whereof there was common ●se) hath not numbered it among ●●e Courts of that time, yet I do ●●rily believe, that it came hither ●ith the Conqueror out of Norman●●e: for amongst other laws of his, ●●is is one.  
That if a French man do appeal an English man of perjury or mu●der, the French man may defend himself by battle, which was the● termed in English, earnest; a wor● that we keep yet, saying, when we see a man fight, he is an earnest. And forasmuch as the thing itself● was then( and never before) pe●mitted by Law, it is to be granted that there was even then also som● Officer who had the charge to se● it performed according to Law, who no doubt was the Constable, as 〈◇〉 may well appear, not onely by some Records of history, but also by a special President that I have seen● concerning the whole order of proceeding in that behalf before him this man also had the name of Connestable, as johannes Tullius thinketh of the Latin word Comestabilis, qu●● comes stabuli, that is, Archippocomes● or the Master of the Horse, as we● speak: but as johannes Goropius af●●rmeth, the word Constable( or ra●her cunning stable) is derived of ●onning, that is to say, a King, and ●f Stable, which signifieth a prop, ●r Stay; because the Constable( being 〈◇〉 principal parsonage near unto ●he King) is a great stay and aid un●o him.   

The Chancellor and chancery Court.  
but now as touching the Chancellor,( because I purpose to ●peake of him and his Court some●hat more largely) it shall not be ●misse, first to derive his Name, then ●o divide his authority and Office; ●nd after that, to search for the be●●nning of him, and his Court: and ●●stly, to speak a word or twain of the equity by which he is said to ●●le his Sentence.  

The name of Chancellor, Caro. Steph. in Dictionar. Latinograec. ex Budaei vigiliis.  Our French word Chancellier, is fetched from the latin, Cancellorius; and that, from cancello; and they all three framed out of the greek {αβγδ}; which signifieth properly, to make Lattises, Grates, o●Crosse-barres, to enclose any thing withall; and metaphorically, to bound and contain any thing within certain bars and limits.  
And out of these two significations, two principal parts of his Office do issue: For after the similitude to those crossed bars or Lattises, he is said to cancel, deface, o● make voided a Record, because the vacat thereof is done, by drawing certain cross lines Lattise-wise with his Pen over it; whereby it is so enclosed and shut up, that from thenceforth no exemplifications thereof may be given abroad.  
And likewise in his Court of equity, he doth( when the Case requireth) so cancel and shut up the rigour of the general Law, that it shall not break forth to the hurt of some one singular Case and person.   

The great Scale, and the Office of him that beareth it.  
THe Office and jurisdiction of this man, is manifold: For usually he is a great parsonage, a counselor of the Estate, and Prolocutor or Mouth of the higher House of Parliament: He is also Keeper of the Great seal of the King, and was wont to be elected hereunto by authority of Parliament.  
For I have red, that Ralph Nevil, the Bishop of Chichester, being Chancellor to King Henry the third, 
Math. Par.  refused to yield up his seal unto him, ●hen he required it; affirming, that ●s he had received it by the Common council of the realm, so he would not, without like Warrant resign it again: And in the day of the same King, it was  told him by all his Lords spiritual and temporal, That of ancient time the Creation and Deposition of the chief Iustice, 
7. H. 7. 15 Comment. 76.  the Chancellor, and the Treasurer, belonged to the Parliament.  
And besides this seal of spee● all Grace, 
Stanf. Prerog. 65. a.  the Chancellor hath also the seal of simplo Iustice, and keepeth( as it were) the Forge and Sho● of all Originals.  
He hath moreover double jurisdiction; the one, of Common Law; the other, of equity: that first being limited in power, and his latter being mere absolute, and infinite.  
According to the Rule of Law, he holdeth Plea( by Bill in latin) for privilege of the ministers of his Court, and their attendants. So also upon recognisances, Statutes, Audita querela, Petitions, Monstrans de Droit: and so of Wards, Liveries, and Ouster and main, before a special Court was erected therefore. And of these he may hold Plea at all times, 
Fitz. Nat. Bre. 201,  as well within the term, as after. According to his Conscience( guided by equity) he relieveth those that complain( by English Bill) either for that the Common Law oppresseth them with rigour, or else for that it hath not fit medicine for their diseases and grief. Hitherto of the Name of Office of the Chancellor.  
Now for the better understanding of the beginning of them both, wee will examine the matter by parts: And first, for his original duty, I will use one or two testimonies of antiquity.  
King Edward the Confessor imme●iately before his death, granted by ●is Charter many Possessions and ●riviledges to the Abbey that was called Saint Peters, in Westminster, in the conclusion of which Charter, he saith thus: Ad ultimum Chartam istam sigillari jussi,& ipse manu mea propria Signum X Crucis impressi,& idoneos testes annotari praecepi. And then, after the Subscription of Him and the queen, and after the Archbishops, Bishops, and Abbots, one Reinbaldus is name Cancellarius. And in the end of all, after the Date of the Charter, it is written thus: Siwardus Notarius ad vicem Reinbald Regiae dignitatis Cancellarii hanc Chartam scripsi,& subscripsi.  
After this, King William the conqueror gave, by another Charter, to the same Abbey sundry Lands in exchange for Windsor, which King Edward had bestowed upon them And in the end of this Grant he likewise saith; Ego Willielmus De gratia Rex,& Dux Normaniorum atque Princeps Caenomanorum hoc scril praecepi,& scriptum hoc signo Dominica Crucis X confirmando stabilivi, nostraeque imaginis sigillo insuper assignari curavi: And then( in order as before) it followeth; Ego Mauricius Regis Cancellarius favendo relegi& sigillavi. Hereby it appeareth, that the Office of the Chancellor then was, at the first, to make and seal the Instruments that passed from the Prince.  
And this I call his original duty, because it cannot be credibly shewed out of any history( as I think) that ever there was in England any sealing of Writings, or mention of the Name of Chancellor, before the dayes of this Edward; who having spent a great part of his age in normandy, first brought the use of the seal from thence into this realm; and with it( as I suppose) the Name of Chancellor also. 
Florent. Wigor.  In whose time also, Leofricus the britain is the first that I find name Chancellor. For, that we learned of the Normans our manner of sealing, Ingulphus the Abbot of Croyland,( which came out of normandy hither, in the train of the Norman conqueror) assureth us in writing thus: Normani Chiragraphorum confectionem cum crucibus aureis,& aliis signaculis sacris in Anglia firmari solitam in caerae impressionem mutabit, &c. And that the Name of him that kept this seal, came out of France also, it may be probably conjectured, both by the words which wee found nearer to the pronunciation of the French, than of the latin; and also by the Office itself which hath been exercised in France( under the very same name and nature that wee use it) ever since the time of charlemagne at the least. 
Vincent. sup. l. ●. de gull. Magist.   
And so it is manifest, that the Chancellor did bear this Name, and had this charge of the Kings seal, and Writings, both before and in the time of the conqueror: The which also, without all doubt, he hath ever since continued.  
Howbeit, when I say Writings, I do not mean that he had the authority of making original Writs here, before the time of the Conquest: For those came out of normandy also, as the very forms of the most of them( being expressed in the book of the Norman customs) may led a man to think. And that the rather, because the Saxons( our Ancestors) whose proceeding in Iudgement was de plano, and without solemnity, did not use( so far as I have hitherto observed) to call the parties by any Writ, or Writing, out to sand for them by certain Messengers, which they termed 
Which signifies, famulus& minister: Ic Thein, by the corrupting of one Saxon Letter, is that which is the Motto at this day of the Princes Plum●.  Theignes; that is to say, Ministers, or Servants: even as in the Norman customs, it seemeth that they sent Sergeants, without original Writs, or Mandate in writing. Yea, and when that manner of summoning by Writ was brought into use here, yet was not the sealing of the Writs forthwith committed to the Chancellor: For you may see in Glanviles book, that the original Writs of this time had this form; Teste Ranulpho de Glanvillo, &c. which was the Name of the chief Iustice of the Kings Courts then, under whose sealings they passed abroad.  
nevertheless, for as much as it is to be red in Bracton, Quod omnis brevia de place( which are Probihitions indeed) irrotulari debent in Rotulo de Cancellaria; and for that, not onely the Statute of Westminster the second, which was made in the thirteenth year of King Edward the first, saith in plain words, that the Formedone in Reverter fatis est in usu in Cancellaria, and hath often mention of the Clerks there; but also that other Statute of Articuli supper Chartas, hath the express names both of the Chancellor, and chancery: It must be confessed, that the Chancellor had the keeping of the Rolls of Record, and the making out of Writs original, either at the same time that the Common Place was erected, or not long after it; that is to say, either under the reign of King Henry the third, or else in the beginning of Edward the first: Which later King( as judge Prisot reporteth of him) laboured carefully to reduce our Law into order, and writing; and in my opinion, 
Math. Par.  may therefore not unworthily bee accounted our English justinian.  
And albeit the House of the Rolls( which hath been of long time, as it were, the college of the Chanceriemen) was builded at the first by the same King Henry the third for another purpose; namely, for the sustentation of such Iewes as would give their names to Christ, and was therefore called Domus judaeorum conversorum: yet that hindereth not, but that the same House might shortly after be converted to another use; upon experience, as it is likely, that few Converts were found amongst the Iewes, for to inhabit it.  
And then, thus have you the Chancellor furnished with the seal of Grace, and seal of Common Iustice; and with him the chancery, for the keeping of Records; and the Clerkes thereof, for the framing of Writs.  
And as touching the authority in Iudgement, I see not what jurisdiction he hath,( his Court of equity, and some powers given by ●te Statutes only excepted) which 〈◇〉 not incident to the making or ●eping of the Records: For he ●nnot reform the error of ano●er Court; yea, error committed 〈◇〉 his own Court, shall be rever●d in the Parliament: 
37. H. 6, 14.& 15.  neither ●n he try any Issue, taken before ●m; for that also must be done 〈◇〉 the Kings Bench, 
Scire facias, Fitzh. 129.  as a thing with●t his jurisdiction. And that mo●d scroop, chief Iustice of the ●ings Bench,( as I have seen) ●i. 1. Edward 3. in a written Re●rt to say, That the chancery and ●he Kings Bench were but one place, ●tz. the Bench of the King; and ●at the Chancellor may( by his ●nd, without Writ) deliver any ●ng to be tried in the Bench of ●●e King.   

The Court of equity, or chancery.  
IT remaineth then, that I speak of his Court of equity; which in my fantasy, is not altogether s● ancient as the other: For, as you have heard before, King Edward th● first, and the Parliament, then took order, That the Chancellor shoul● follow the King, even as the judg● of the Bench did; to the end, tha● he might have always at hand ab● men for his direction in Suits th● came before him.  
The meaning whereof( as I thinks was, That the Iustices should i●●forme him of the Law, and the Cha●cellor of equity: For otherwise, see not what use he could have the Chancellor in this behalf; be onely, for that he( being commonly a Bishop, or other spiritual pe●n) was the more meet( after the opinion of men in those dayes) to ●… ve advice according to equity, ●… d a good Conscience; in which re●… ect also he was Visitor for the ●… king, and bestowed his benefice: ●o that, such as then sought relief ●y equity, were suitors to the King himself, who being assisted with ●is Chancellor and council, did mi●… gate the severity of the Law in ●is own person, when it pleased ●im to be present; and did( in ab●ence) either refer the same to the ●hancellor alone, or to him and some ●ther of the council: So, as the ●hancellor had not then any Court ●roper to himself, but rather assisted ●… e King( as then did the chief ju●… ice, and the rest of he Kings Coun●… ll also) or otherwise supplied the ●ings absence, by special commande●ent, for deciding of Causes that had ●een presented to his royal person.  
For when as King Edward the first, in his book commonly called briton,( which he caused to be penned about the first part of his reign, by the labour of learned Iudges, in the vulgar French, for the better publication of the laws, which then stood written in latin by Glanvile and Bracton.) had set down all the sorts of Lay jurisdiction; beginning his distribution at the highest( even his own Princely tribunal) and ending with the lowest Leet, and common Court Baron: Wherein also he laboureth( as it seemeth) to peruse all, and pretermit none: Yet speaketh he never a word touching any jurisdiction of a chancery Court; albeit the Chancellor were then one of the nearest of his council, and did not onely attend him with advice, but did also keep his sacred seal, and exercised therewith the awarding of all the Kings original Writs, whereupon the rest of his Courts of Iustice did work, and proceed. Yea, it is probable also, that either then, or soon after, it restend in the Chancellors power to device any Writ for the direction of Suits at the Common Law, for remedy in Cases, where no proper help was formerly known. The doing whereof( conformed to the authority of the Roman Praetors) was extraordinary, and special; and was therefore then, and yet is called the Action or Writ upon the Case; as by the benefit whereof, the Suitor in Law might have ready relief, according to the exigency of his business, and fitting to the seventy, Reason, and equity of his very Case.  
And here it is, that our Register affordeth so plentiful variety of Writs upon the Case, warranted by the Statute of Westminster the second, saying in the first and 25. Chapter, In novo casu, novum remedium est apponendum; ne Curia Domini Regis deficiat, conquaerentibus in justitia perquirenda.  
And thus I take the matter to have stood, during such time as the Kings high Court of Iustice accompanied his royal presence.  
But when as afterwards the Court of the Kings Bench was left to itself( the King no longer frequenting the same in person) and therewithal, the authority of the chief Iustice of England( who formerly had, as a Vice-roy, the absolute royal power, as well of matters of Estate, as for war and civill Iustice) did cease, and decline from that original greatness, and was restrained by a new form of Patent( as now it stands) ad placita coram nobis tenenda, which is an ordinary and limited jurisdiction: Then, I say, the King did commit to his Chancellor( together with the charge of the great seal) his own regal, absolute, and extraordinary pre-eminence of jurisdiction in Civill Causes, as well for amendment as for supply of the Common Law. And therefore this great Officer doth bear sundry apparent marks, by the which he is plainly known and distinguished from whatsoever Iudges: For he is the Mouth, as it were, of the Prince, as appears by his employment in the Session of Parliament: he commandeth the whole great seal, whereas other Courts do use onely a part thereof; acknowledging thereby, their derived authority underneath him.  
This seal he holdeth( without any Parent) by the onely delivery thereof into his hands: He writeth, Teste me ipsa, in the name and person of the queen herself; when the other Iudges say, Teste than Popham, Edmundo Anderson, or Willielme Periam: His Court is said to be always open, and( touching equity) to have no Record; as well because extraordinary Cases may not be limited to any times certain, as for that his judgements be in his own breast, not tied to any preceding Records: Neither doth he try any Issue, because he may examine both parties and witnesses upon Oath, and may( without judicial ceremony) judge summary& de plano; therefore also his Sentence bindeth not the thing judged. His Supersedeas may not stay a Court of Common Iustice from proceeding; neither doth a Scire facias lie, for the sum contained in the Subpoena, when it is not obeied; because his power is singular, and of itself, which may rule the person which is commandable by the absolute and regal Iustice of the Prince, where no ordinary Law is yet provided.  
And even as the necessity of an Officer of this sort is inevitable in every well-polliced kingdom, where the Prince is by Office bound and by Oath sworn to deliver Iustice to his subjects, howsoever the Positive Law of his country doth not afford it; so hath this manner of jurisdiction here been both approved and enlarged by sundry laws of Parliament.  
For, when as King Edward the third prepared for his Warres in France, it was enacted in the twentieth year of his reign, That the Chancellor and Treasurer should hear and determine upon Extortions, Embraceries, Maintenances, and other like offences that should be committed in this Kings absence. In which, albeit( as you see) the Power given was absolute, yet was not the Chancellor made the onely judge: But afterwards( in the 36. year of the same King) it was enacted, That if any man were grieved against the Articles of that Statute, or others, he should have remedy in the chancery, without further or other svit: And hereby he was not onely to judge alone, but also at the liberty of his own discretion.  
Sundry other accessions of honour were after that also given by sundry Statutes: As by one, to award Damages upon an untrue suggestion made before him: By another, to sand Proclamation of Rebellion against such as by contumacy would not appear, when process had been awarded against them: And by other laws, to grant Commissions of sundry kinds, and to do and dispatch many Businesses; whereof it is neither needful nor profitable to make enumeration or report in this place; where I do rather seek to find the original, than follow the Off-spring; to taste of the Well-head, rather than pursue the channel.  
That I may therefore change this path, and make choice of another; even as these be the first, the beginnings,( that hitherto I can find amongst our Statute-Lawes) concerning this preheminent authority of the chancery Court; so also I do not remember, that in our Reports of Common Law there is any frequent mention of Causes usually drawn before the Chancellor, for help in equity, but onely from the time of King Henry the fourth; in whose dayes( by reason of those intestine troubles) feoffments to use did either first begin( as some hath thought) or else did first grow common and familiar, as all men must agree.  
For remadie in which Cases of uses, chiefly the chancery Court was then fled unto, as the only Altar of help and refuge: But whensoever this Court of equity took beginning to be a distinct Court, I have made proof( as I think) that the power thereof was always in exercise.  
And considering that the Prince of this realm is the immediate minister of Iustice under God, and is sworn at his Coronation, to deliver to his subjects aequam& rectam justitiam; I cannot see how it may otherwise be, but that besides his Court of mere Law, he must either reserve to himself, or refer to others a certain sovereign and preheminent Power, by which he may both supply the want, and correct the rigour of that Positive or written Law, which of itself neither is nor can be made such a perfect Rule, as that a Man may thereby truly square out Iustice in all Cases that may happen.  
For written laws must needs bee made in a generality, 
Leges habent se ut universalia ad singularia. Aristot. Ethic. 5.  and be grounded upon that which happeneth for the most part, because no wisdom of man can fore-see every thing in particularity, which Experience and Time doth beget.  
And therfore, although the written Law be generally good, and just; yet in some special case, it may have need of Correction, 
Ipsae etiam Leges cupiunt ut jure regantur. Cato.  by reason of some considerable Circumstance falling out afterwards, which at the time of the Law-making was not foreseen: Whereas otherwise, to apply one general Law to all particular cases, were to make all shoes by one Last, or to cut one Glove for all Hands, which how unfit it would prove, every man may readily perceive. And hereof this equity hath the name in Greek {αβγδ}, of {αβγδ} secundum, and {αβγδ} conveniens, vel rationi consentaneum; because it doth not onely weigh what is generally meet for the most part, but doth also consider, the person, time, place, and other circumstances in every singular case that cometh in question, and doth thereof frame such judgement as is convenient and agreeable to the same: So that in sum the written Law is like to a stiff rule of Steel, or Iron, which will not be applied to the fashion of the ston or Timber whereunto it is laid: And equity( as Aristotle saith well) is like to the leaden rule of the Lesbian Artificers, which they might at pleasure bend, and bow to every ston of whatsoever fashion. And hereby it may also appear, what use there ought to be as well of the Positive or Written Law, as also of equity itself: For seeing that the Positive and Common Law is made meet for the most part, and that equity is added for help in some few or singular cases, it followeth by reason, that commonly and regularly the positive Law should bee put in ure, and that equity should not bee appealed unto but only in rare and extraordinary matters, lest on the one side, if the judge in equity should take jurisdiction over all, it should come to pass( as Aristotle saith) that a Beast should bear the rule: For so he calleth man, whose Iudgement, if it bee not restrained by the chain of Law, is commonly carried away, with unruly affections. And on the other side, if onely streight Law should bee administered, the help of GOD which speaketh in that Oracle of equity, should be denied unto men that need it. And therefore even as two herbs being in extremity of heat, or could, bee by themselves so many poisons, and if they bee skilfully contempered, will make a wholesome Medicine: So also would it come to pass, if either this arithmetical government,( as they call it) by rigour of Law onely, or this geometrical Iudgement at the pleasure of the chancellor or Praetor onely should bee admitted; and yet if they bee well compounded together, a most sweet and harmonical Iustice will follow of them. A good Chancellor will not then make this Proclamation, Nullus recedat à Cancellaria sine remedio, and thereby not onely abuse the Text of the Statute, which meant onely the making of Writs( that there might bee in consimile casu remedium consimile) but also arrogate authority in every complaint that shall bee brought before him, upon whatsoever suggestion, and thereby both overthrow the authority of the Courts of Common Law: Then to bring upon men such a confusion and uncertainetie, as hardly any man should know how, or how long to hold his own assured to him. Nay rather a good chancellor will permit the Common Law to hold her just honour, and not make such violent irruption upon her borders, but will so moderate his power, and provide, that the Gate of mercy may bee opened in all calamity of svit: to the end,( where need shall bee) the Rigour of Law may bee amended, and the short measure thereof extended by the true consideration of Iustice and equity. In which behalf this our Age hath greatly to thank God, for that by the ministery of our gracious queen Elizabeth, he doth not onely leave unto us the right use of those Courts of mere Law, furnished with men of greater learning and integrity, but hath also by her own selection placed in that Praetoriall Seat of chancery, a man no less learned in the Common laws of this realm, than accomplished with the skill of this Moderation for equity.  
I see that occasion is here offered me, to enter into the handling of sundry Questions concerning the Order of the chancery, and chiefly of this one thing: whether it be meet, that the Chancellor should appoint unto himself, and publish to others any certain Rules& Limits of Equity, or no; about the which men both godly and learned do varie in opinion: For on the one part it is thought as hard a thing to prescribe to equity any certain bounds, as it is to make any one general Law to be a meet measure of Iustice in all particular cases. And on the other side it is said, that if it be not known before-hand in what cases the chancellor will reach forth his help, and where not, then neither shall the Subject bee assured how, or when he may possess his own in peace, nor tne Practizer in Law be able to inform his Client what may become of his Action: But because this and the like matters be of more difficulty then that I may with modesty take upon me to determine them, and for that also it is not my present purpose to dispute what is convenient to bee done in any Court, but rather to discourse the beginning, and aclowledge the benefit of them all, I will onely wish these two things. First, some good means were advised, whereby Suitors in the chancery, and such like Courts, might before their day of hearing, which they purchase not without great expenses learn whether they shall be dismissed thence to the trial of the Common laws, or no; which thing whether it might be better performed by suffering Plea, to the Jurisdiction of the Court, or by summary consideration of the case, collected out of the Bill and answer, or by a faithful report of the estate of the matter, under the Oath, and at the peril of both parties; or by some other way, I will leave to the Iudgement of such as have more wisdom to advice, and Power to execute.  
again, when as the chancery, or any such Court shall be entitled to hold Plea of right of Land upon the suggestion of uncertain Charters or Evidences should be brought into the Court; that the parties should be dismissed to the Common Law, or enterplead for the Right in the Land; that those Evidences also should be sent thither at the day of trial, to be given in Evidence; and that, according to the Right, should fall out for the Land: So the Charters also should be delivered to the one, or to the other of the parties: Whereas now it is often seen, that one man doth implead another, by this pretence, in the Court of equity, for cause that requireth no help of equity at all; but doth most properly pertain to the determinations of the Common Law.  
But leaving to others the consideration of this also; let me sum up the rest of your Lay Courts, and labour to make an end of them.   

The Court of Star-chamber.  
AS in the Government of all commonweals, sundry things do fall out, both in Peace and war, that do require an extraordinary help, and cannot await the usual cure of common Rule, and settled Iustice; the which is not performed, but altogether after one sort, and that not without delay of help, and dispense of time: So, albeit here within this realm of England, the most part of Causes in complaint are and ought to be referred to the ordinary process& solemn handling of Common Law, and regular distribution of Iustice; yet have there always arisen, and there will continually, from time to time, grow some rare matters, meet( for just reason) to be reserved to a higher hand, and to be left to the aid of absolute Power, and irregular authority.  
The which thing that it may the more plainly appear by particularity, 
The three parts of this Discourse.  it shall peradventure be worthy the labour to examine: First, for what sort of Offences the Suits ought to be commenced; then, before whom they ought to be heard; and lastly, what special Place hath been the most usual and frequented Court, for the receiving of the same.   

The first part of this Discourse.  
SEeing that all Actions be either Civill, or criminal, that is, either concerning Right, or Revenge; and the Common Place heareth the Suits of Civill nature, and the Kings Bench receiveth those things that do concern Offences: It might seem that all manner of Suits( both Common, and of the crown) ought to be drawn in the one or the other of the Courts; and that it should be in vain to imagine upon any other Iudgement-place besides them.  
But yet, even as by the usage of all laws it is confessed, that in the necessity of Civill Causes, and calamities of that kind, recourse may be had to the Praetor, or Chancellor, for aid against the inflexible rigour of the Common Law: So likewise it is to be granted, that wheresoever the ordinary Courts of Iustice be hindered in their course and orderly proceeding; or where the evil and Crime itself is either new in Device, for which no Law hath been yet provided; or where the mischief doth surmount the common growth so far, that standing Law hath no reach, nor condign punishment, to make it exemplary; there, and in such cases, help and supply must elsewhere be sought, and found; or otherwise, Iustice must limpe on the better leg, and must let Offenders to escape, and pass unpunished.  
Now, albeit these Offences be variable, and infinite in their sundry sorts, according to the changeable and bottomless Devices and Draughts of those wicked Artificers, out of whose Shops they be sent; so as I may truly say with the Poet, 
Non, mihi si linguae centum, sint oraque centum.  
Fetrea vax, omnes scelerum comprehendere formas,  
Omnia poenarum percurrere nomina possem.   
Yet, to the end that they may in some open manner be detected, I will endeavour to contain them ●ll within some of these general ●ounds that do ensue.   

The sundry sorts of extraordinary criminal Causes.  
AS all these extraordinary Causes be in their own nature criminal, and not Civill; so all these criminal do proceed either from Fraud, or Force, or from them both mixed together; and likewise they be all committed either by public or private persons, and sometimes against the one and other, sometimes against the other of them.   

The Offences of public persons.  
BY the misdemeanours of public men, and Officers, that are forged out of fraud, and wiliness; I mean the Corruptions of the Iudges of any Courts, of the Iustices of Peace, and whatsoever other Commissioners, or Delegates, that either for covetousness in themselves, or through Friendship, or Hatred towards any of the parties, will dip their own fingers in the Suits that depend before them; and will be seen more like to affectionate Advocates, or Parties, than to sincere and indifferent Iudges; either racking Law too long, that it may overreach the one side; or shrinking it too short, that the benefit thereof shall not extend to the other side; or otherwise, indirectly abusing the course of their Courts, or leaping the Pale of integrity, and Iustice; within the limits or bounds whereof, they ought to have and keep them. And in this part, as some may slily ●buse those good gifts, in respect of ●hich they are called to the Magi●racie; so other-some stick not to ●se means both forcible and sub●ll, for the winning of their wills: thinking, that for then apparent nobility, ancient gentry, large Possessions, overflowing Riches, or store of Friends,( joined with the rooms of high authority, that they have above their Neighbours) no passage ought to bee fore-closed against them; howsoever it led both to the discredit of themselves, and to the danger or undoing of other men.  
Now, howsoever there be no ordinary Medicine of laws for infinite particular Maladies, that becaused of these evil humours; yet I doubt not, but that all wise Men will readily aclowledge, that there is not any one kind of Example, proceeding from any Court of ordinary resort, that can be more fruitful or beneficial to the Common good than it shall be by some stately authority, to check the insolences an● outrages( if any such shall happen of the Iudges, Iustices, and other men that be great by their places, and authority; for thereby both themselves may be either amended, or removed; their equals shall be taught to beware, to take heed, and their inferiors shall quake for fear, when seeing their betters condignly punished, they can promise to themselves no hope of escape, or impunity.   

The misdemeanours of private Men.  
ON the other side, the private and meaner sort of men, wanting the furniture of authority, and of sundry other Advantages, wherewith the great ones are appareled, do beat their brains for the find●ng out of shifts and subtleties, and do for the most part lay hooks, ●nd make Traps as it were for the taking, entangling, and snaring of silly and simplo folks.  
And hereof spring those so many cunning cozenages; crafty reaches, undermining devices, subtle complots, counterfeit drifts, and fraudulent fetches; the eggs whereof be laid sometimes by desire of money, and sometime by thirst of revenge, but be always, or for the most part hatched by perjury, bribery, and Corruption, and are wholly addressed to the discredit of the good name of some, to the detriment of others in their Goods and Fortunes, and to the great danger, and hazard of the body and life of many a man.  
And here again it is not meet and just, that when the wicked sort of men have excogitated any thing with great Labour of wit and cunning, so as it may seem they have drawn a quintessence of mischief, and set the same abroach, to the remediless hurt of the good and quiet Subject; Is it not meet( I say) that authority itself also, which is the ordinance of God, for the defence of the one, and punishment of the other, should strain the line of Iustice beyond the ordinary length and wonted measure, and thereby take exquisite avengement upon them for it? yea is it not right necessary, that the most godly, honourable, wise, and learned persons of the Land, should be appealed unto, that they may apply new remedies for these new diseases, and that they may be prayed to whet, and exercise the edge of their honourable Authorities, excellent wisdoms, and gifts of the highest learning against such devilish impostors, mischievous deceivers, and most dangerous Sycophants? No less reason it is also, that all such good and upright Iustices, Commissioners, Officers, and whatsoever public persons, as without seeking any by-paths, or starting holes, do walk Regia via in their several duties,( and yet nevertheless be assailed by the evil tongues, oppugned by the injurious wrenches, or discomforted by the unruly countenances of insolent men) should have some place whereunto, in default of common help, they may fly for refuge, as to a certain sanctuary, and holy Anchor, and where they may shrowd themselves in their innocency, and find the defence of their authority at the hands of them, by whose gift, means, or commendation they first received the same.   

The apparent lack of ordinary help.  
but lest it be said unto me, that these things be not hide from the wisdom of the standing Law, which hath also opened remedy by way of ordinary jurisdiction in whatsoever evils of these kindes, it shall be meet for the more manifestation of that which I intend, to fall to some more specially, and to exemplify my whole conceit, by giving a true taste of all in these few heads of particular cases.  
1 If therefore such a one as hath Iura regalia, will deny original Writs, or other means of Iustice.  
2 If one that hath a judicial place, shall by corruption mislead the whole course of an Evidence given to a jury that is charged before him, or shall pleasingly hear the proofs of the one party, and peremptorily cut off the other, whereby the truth of their controversy is not brought to light.  
3 If a good and serviceable judge, Iustice, or Officer shall bee baited, and bitten with libels and slanders that be not actionable.  
4 If a Iustice of peace shall bee contemptuously despised, and offered indignities, for which no private Action will bee maintained.  
5 If one shall attempt to coin money, and shall be deprehended in the doing thereof before he hath performed it.  
6 If a counsellor at the Law shall give advice standing with the Learning at Law, and yet tending onely to vexation, delay of Iustice, or deceit of private persons, or to the defrauding of the queens majesty in her lawful Prerogative, or to the breaking of a good and wholesome Statute-Law.  
7 If a man of behaviour and countenance, shall secretly practise with others for the beating or murdering of any other person, and bringeth it not to effect.  
8 If Cities, Townships, colleges, or other Corporations, shall wilfully wrangle, and factiously rent themselves in sunder, whereby their whole politic body shall be hindered, or otherwise become unprofitable; or shall causelessly discountenance, or displace any honest person of their company.  
9 If one private member of such a body, shall by vexation in Law so unquiet the Head, and all the rest of the company, that they cannot apply their common calling.  
10 If wilful perjury be committed by any person, in case where no Indictment lieth, nor Action upon the Statute of perjury may be maintained.  
11 If a man should accuse another to the queens majesty, for speaking words against her, and cannot maintain the accusation.  
12 If a man shall wilfully offend a Proclamation made by her majesty upon urgent cause, for a time onely, and until that Law by Parliament may be provided.  
13 If the jury, or Homage in a Court Baron, will pass against plain Evidence, in a Plaint of Aiel Formedone, or such like.  
14 If a Grand jury will, against their Evidence, find Ignoramus; or a jury for Life, or Death, will find a heinous murderer to be Not guilty.  
15 If an Officer that ought to be sworn, will exercise his Office, without any Oath taken by him.  
16 If a lewd fellow shall counterfeit, upon a Writ of Covenant, the Officers Hands, to deceive her majesty of her due Fine; or the Hand of her attorney general, for the better passing of a Pardon; or shall set the Name of a counselor to a Bill in chancery, without his privity and knowledge.  
17 If one that is sued upon a Title of Lease for yeeres, be outlawed, and hath his Pardon, and yet will conceal his Pardon, and cause his Chattels to be seized for the queen, and then procure them to be committed to a friend of his.  
18 If a man will suborn some to appear for others as Defendants, in a criminal Cause.  
19 If a coozening Crew shall entice a young man to the company of a woman, and cause him to be deprehended by one that pretendeth to be her Husband; and so, for his redemption, be sealeth Leases of his Lands, and maketh Gifts of his Goods: If( I say) any of these, or the like misdemeanours,( whereof the number is infinite) shall be committed, I see not how they may be chastised by the Rod of any ordinary authority, standing Law, or Statute.  
And therefore, considering that they tend( though in divers degrees) to the dishonour of God, the contempt of her royal majesty, the disturbance of the Common peace, and the disherison, danger,& death of good Subjects; I suppose, that no man will be either so wicked, as to affirm, that they ought not to be punished; or so unadvised, as to hold, that the ancient and godly policy of this kingdom, and Commonwealth, hath not left the means to bring them into Iudgement: For howsoever the national, Civill, or Positive laws of particular People and Countries( which do work upon Generalities, and must therefore fail in many Specialls) do not provide punishment for all sorts of evils that may arise; yet may it not be doubted, but that the Iustice of God( whereof the Law of humanity, Reason, and Nature hath some remnants saved for us, from that great shipwreck of our first Parent Adam) doth keep correction in store for them.  
And therefore let us rather inquire, who it is that both may and ought to award this correction and chastisement for the same.   

The second Part: inquiring who is judge of these extraordinary criminals.  
I Shall not need to repeat that which I have before this time opened, touching the beginning of the Kingly Power, and authority, for the delivery of Iustice to all the sorts, 
The King.  and in all the Suits of his Subjects. But I will confirm by proofs drawn out of our country laws, and Lawyers, that the selfsame general jurisdiction is appropriated to all the Kings of this realm of England.  
Master Henry Bracton, that lived in the time of King Henry the third, hath in the ninth and tenth Chapter of his book, these words following: Rex(& non alius) debet judicare, si solus ad id sufficere posset: cum ad hoc per veritatem sacramenti teneatur astrictus. Excercere igitur debet Rex potestatem juris, sicut Dei Vicarius,& Minister in terra. Sin Dominus Rex ad singulas causas determinandas non sufficiat, ut levior sit illi labour in plures personas, partito onere eligere debet viros sapientes,& timentes Deum,& ex illis constituere Iusticiarios.  
The words do prove two things serviceable for this purpose: First, That the King ought onely to be the judge of his people,( if he alone were able to perform that Office) as well because he is within his own kingdom the Vice-roy of God,( the supreme judge of the World) as also for that he is thereunto bound by Oath, taken at the Coronation. The second, That albeit he do( for the multitude of Causes) substitute others underneath him, yet is he not thereby discharged himself; for it is done, ut levior sit illi labour, that his labour be the lighter; not, that he should sit unoccupied. And lest you should doubt, that so much is not comprised in that Oath of his, one question therein, amongst others, is this; Facies fieri in omnibus judiciis tuis aequam,& rectam justitiam,& discretionem in misericordia& veritate secundum vires tuas: To the which he answereth, faciam: wherein the words, judiciis tuis,& vires tuas, do more properly denote his own doing, than the doing of his subaltern Iustices; albeit their Iudgement be after a certain manner, the Iudgement of the King himself also, from whence their authority is derived.  
Much like the words of Bracton, speaketh King Edward the first, in the beginning of his Book of laws, commonly called Brittan: where, after he had shewed that he is the Vicar of God, and that he hath distributed his Charge into sundry portions, because he alone is not sufficient to hear and determine all complaints of his people; then he addeth these words: Nous volons queen nostre jurisdiction soit sur touts jurisdictions en nostre realm: Iffentque en touts manners de Felonies, trespass, Contracts,& en touts manners de autres actions personals, ou real ayons poer arendre, & faire render less Iudgments tiels come ills afferont sans auter process, par la ou nous sçcavous la droit verity come wretches: Wee will( saith the King) that our own jurisdiction be above all the jurisdiction of our realm: So as in all manner of Felonies, Trespasses, Contracts, and in all other Actions personalls or realls, we have power to yield( or cause to yield) such judgements as do appertain( without other process) wheresoever wee know the right truth, as Iudges.  
Neither may this be taken to be meant of the Kings Bench, where there is only an imaginary presence of his Person; but it must necessary be understood of a jurisdiction remaining, and left in the Kings royal Body and breast, distinct from that of his Bench, marshalsea, Common Pleas, Exchequer, and the other ordinary Courts: because he doth immediately after, in the same place, severally set forth by themselves, as well the authority of the Kings Bench, as of the rest of those his ordinary Courts of Iustice.  
And that this was no new-made Law, or first brought in by the Norman Conquest, I must put you in mind of that which I have vouchsafe before, out of the Saxon laws of King Edgar, where you did read it thus: Nemo in light Regem appellato, nisi quando domi●us consequi non poterit, sin juris summi onere domi prematur, ad Regem ut is id oneris allevet, provocato: Let no man in svit appeal to the King, unless he may not get right at home; but if that right be too heavy for him, go to the King to have it eased. By which it may evidently appear, that even so many yeeres ago there might Appellation be made to the Kings Person, whensoever the Cause should enforce it.   

The Kings council.  
but now although I speak here expressly of the Kings person, yet I mean not so precisely, as though that either the King ought to perform these judgements in his own person alone, or that he must of necessity be present in person, whensoever others shall accomplish them on his behalf.  
Only I do affirm, that the King hath a supreme Court of Prerogative, whereunto his Subjects in such their necessities may provoke, as to his own royal person; and wherein there is place left for him to sit, the which our Kings in person have oftentimes frequented, and were assisted with such men of nobility, wisdom, and Learning, as he shall choose, he may in royal presence use his judicial authority, or otherwise for the time abstain to be present there, and leave the proceedings to those selected men: but yet so, as both the suits bee exhibited to himself by name, and that he also receive intelligence thereof when as it shall be requisite: and these men thus taken for their counsel and advice, wee do commonly call The Kings council; which words forasmuch as it is diversely used in our Law, and doth not always import the same thing, it shall be fit in some few words to distinguish the significations, and sorts thereof.  
The general Assembly in Parliament, is termed in our old Writs, Commune Consilium Regni Angliae, the Common council of the realm of England, called together by the King, for advice in matters concerning the whole realm: of which assembly, some be Counsellors by Birth, as the Barons; some by Succession, as the Bishops; and some by Election, as Knights and Burghesses; and these be all( for the time) the Kings council. The Masters of the Requests also, which do hold Plea of Complaints exhibited for equity to his own person, be according to the usual form of writing there, name the Kings council.  
And besides both these, there is another council of the King, whereof there is mention made by name both in the Statute 37. Edward 3. cap. 18. which I reserve to be hereafter recited for another purpose, and likewise in one agreement of an Exchange, had for the Castle of Berwicke, between King Henry the fourth, in the 5. year of his reign, and the earl of Northumberland, where the King promiseth to deliver to the earl, Lands and Tenements to the value of the Castle, by these words, Per avise& assent des Estates de son Royalme,& de son Parlement( perains● queen Parlement soit devant le Feast de St. lucy) ou auterment per assent de son grand counsel,& auters Estates de son did realm, queen le Roy ferra assembler devant le did Feast en case queen le Parlement ne soit, &c. That is; By the advice and assent of the Estates of his realm, and of his Parliament,( so that the Parliament happen before the Feast of St. lucy;) otherwise, by the assent of his Great council, and other Estates of his said realm, which the King will cause to bee assembled before the said Feast, in case the Parliament do not happen, &c. as in the instrument thereof, Dated at Lichfield 27. of August, in that year, and remaining in the Tower, may be red.  
By which words it is plain, that there is a Great council besides the Parliament, which no doubt, is the same whereof the Statute( made afterwards in the 13. year of the same King Henry 4. chap. 7. against Riots, doth specially speak, commanding, that where the truth of a Riot may not be found by the inquiry of twelve men, there the Iu●tices of the peace, and sheriff, or Vnder-Sheriffe shall certify before ●he King and his council all the ●eeds and circumstances thereof: which speech cannot be meant, ei●her of the chancery, or of the Kings Bench, because the latter is distinguished from it by express words of the same Statute, and the former was afterward 8. Hen. 6. cap. 14. en●bled to receive certificates of this ●inde, by the Letters of the same ●ustices and sheriff or Vnder-sheriffe.  
This council of the King, consisteth onely of persons thereunto especially elected by himself, and thereupon sworn to serve him with their faithful advice and counsel; and whether they be Nobles, or no, it is not material, seeing that the Calling cometh not by Birth, but groweth by Election; so as it excludeth all that be not admitted: A thing that may well appear, not onely by the special form of their Oath, by the number of themselves( distinctly known to bee more or less at sundry times) by keeping in Record the entry of their several Names, and by the Fee that each of them doth rateably pay after his degree when he is admitted: but also by experience of former times, and not without some example of Execution in our own Age: And the● also of this council of the King have been diversely termed some of th● privy council, for that they were more inwardly and secretly used it matters of Estate: Besides, tha● they were ordinarily employed also upon other causes with the rest that have been called of council at large.  
For whereas it is reported in Dorso clauso de Anno 16. Edwar. 2. member. 5. That Henry the Lord beaumond was for his unreverent speeches to the King, commanded out of the Councell-house, it is there said withall, that he was Iuratus de magno& secreto Consilio Regis; howbeit they both are for this our purpose, that great council of the King whereof I spake even now, and be so incorporate with him, as he speaketh by them, and their judgements are reputed to bee his own: To which I may the more boldly affirm, when I red 2. Rich. 3.11.& 18. Hen. 8.1. That fines assessed by the Kings Iustices of any Court, are to be understood to bee fines adjudged by the King himself. And thus now have I both shewed and confirmed who it is that ought to harken to these complaints.   

The Conflicts between the Law absolute and ordinary.  
but here have I mighty Adversaries to encounter withall; the which maintaining with their whole Forces the ordinary jurisdiction, will in no wise yield to any such absolute and unbridled authority, as I may seem to advance.  
And therefore first of all, that Great Charter of the Liberties of England,( which I may call the first Letters of Manumission of the people of this realm out of the Norma● servitude) doth by the Mouth of the King( amongst many other freedoms) specify this one: Nullus liber homo capiatur, vel imprisonetur, aut disseisietur de libero tenemento su●, vel libertatibus, vel liberis consuetudinibus suis, aut utlagetur, ut exuletur, aut aliquo modo destruatur, nec supper eum ibimus, nec supper eum mittemus, nisi per legal judicium parium svorum, vel per Legem terrae.  
By pretence of which Grant, the common Subject thought himself free from that irregular Power which the former Kings and their council of Estate had exercised upon him; and phantasied, that he ought not thenceforth to be drawn to answer in any Case, except it were by way of Indictment, or by trial of good and lawful men( being his peers) onely after the course of the Common Law: Whereas indeed, these words of the Statute ought to be understood of the restitution then made of the ordinary jurisdiction in common Controversies, and not for restraint of the absolute authority; serving onely in a few rare and singular Cases: And therefore see what followed; some Cases daily creeping out of Suits, for which no Law had been provided; and some misdemeanours also happening from time to time, in the distribution of those laws that were already established.  
It came to pass, that many finding none other helps for their griefs, were enforced to sue to the Kings Person itself, for remedy: And he again knowing himself to be the chief Iustice and Lieutenant of God within his own realm, thought himself bound to deliver Iudgement and Iustice, whensoever it should be required at his hands. The which, for as much as he could not evenly, and with uprightness perform, unless he called the adversary party; neither had he many times; especially in a new and sudden occurrent, any ordinary Writ, or process, whereby to call him of necessity; he was to resort to the Kingly and absolute Power again, and by his Pursuivant, or Letters, to convent him, and then to proceed to the hearing and determining of the Cause, as to his Princely Office did appertain.  
The which thing was so far from offending the Subject for a long time together, that in the Parliament 28. Edw. 1. cap. 5. the Commons assented to an Act, by which it was provided, That the Chancellor and the Iustices of the Kings Bench should follow the King wheresoever he went; to the end, that he might always have at hand men learned, and able to advice him in such Cases as he admitted to his hearing.  
nevertheless,( such is the weakness and imperfection of man) the time was not long, but the Subject, which so desirously fled to the King and his council for succour, did as hastily retire, and run back to the ordinary Seat and judge again.  
The which thing, whether it happened by the chargeable and hard access to the person of the King,( who could not but be many ways busied with more important matters) or by some delay of Iustice that fell in his absence out of the realm, by occasion of foreign Warres, and other affairs; or by the undertaking of Causes, without the advice and presence of the said Councellors and Iustices, it needeth not any long and curious inquisition: But this is certain, that within five yeeres next after the beginning of the reign of King Edward the third, it was commanded by Parliament, That the form of the Great Charter, in this point, should be wholly and inviolably observed. And for the more assured suppression of all attempts that might break forth to the contrary, it was afterwards by the Parliaments, 25. Edward. 4. cap. 4.28. Edward. 3. cap. 31. provided and prohibited, That no man should be put to answer before the King, or his council, without presentment before the Iustices, due process, matter of Record, and Writ original, according to the ancient laws of the Land.  
Moreover, for the utter discouragement and beating down of all such as used to prefer unto the King any Accusations, Suggestions, or Petitions against other men, further Law was given by the Parliament, 37. Edw. 3. cap. 18. That they should be sent with their Suggestions, before the Chancellor, Treasurer, and the Kings Great council, and should there put in Sureties of Taliation; that is, to incur the same pain that the other should have, in case the Suggestion were found untrue. But one yeeres experience made that Point to be mollified, by the making of a new Law, 38. Edward. 3. cap. 9. which taking away the Taliation, gave order, That such false Suggestors should be imprisoned onely, until they had both made full agreement with the party molested, and Fine and ransom with the King.  
And then, within a few yeeres after, also these accusations grew still more and more odious: So that it was decreed by the Parliament, 42. Edw. 3. cap. 3. That if any thing should be done in that behalf contrary to the old Law of the Land, the same should be voided in the Law, and holden for error.  
nevertheless, these Complaints were yet again afterwards thought meet to be admitted: And thereupon the Statute, 17. Rich. 2. cap. 6. willed, the Chancellor alone should have power, by his discretion, to award Damages against any person that should make untrue suggestion against another, before the Kings council: The which authority the Chancellor exercised many yeeres together, and until at the length his Writs of Subpoena flew so thick abroad, for matters determinable at the Common Law, that he also was charged to exceed the bounds of authority delivered unto him: So that the Parliament, 15. Hen. 6. cap. 4. stayed the granting of the Subpoena, until that surety were found, to answer to the party grieved as well his Damages as expenses, if that the matter could not be made good, that was contained in the Bill of Complaint against him.  
Now by the tossing of this Ball to and fro, between the council and Commons, it may at once very well appear on the one side how hard, and rare a thing it is, for great men arrayed with high authority, to contain themselves within prefixed limits and pale of their power, and on the other side, how impatient the Common Man of this realm hath always been, and without doubt yet is, and ever will be, to have his Causes determined either at the Councell-board without open hearing, or by absolute authority, without prescribed rule of ordinary proceeding; in either of which cases he is very jealous of evil weight, and hard measure in the former, because he is persuaded, that as his controversy is not at the first drawn from the ordinary trial without the special labour of his adversary, and for great favour extended to him: so he feareth, that the same good-will being once planted, will continually possess the room, and will prove prejudicial for him even to the end of his svit and business in the latter: because, when he is to be judged by an irregular and uncontrollable authority, he findeth himself utterly destitute of all counsel which way to turn him, since no man of learning can assure him before-hand what will be the consciences or discretion of the Iudges: whereas the success may easily be foretold in most of these other Controversies which come to determination by ruled Law and bounded jurisdiction.   

The Office of the King.  
ANd thus whilst the King and his council embraced all manner of Complaints without exception, 
It is the Office of the King, to deliver Iustice.  the Subjects were thereby many times injuriously vexed, and put to travail and charge: So as this repugnancy took root between them, and this Antinomia( or contrariety of Law) did spring out of the same: The which howsoever in appearance it may seem great and irreconcilable, yet if recourse may be had to that golden mediocrity, which both Religion, Reason, and Law do maintain in this point, the controversy will soon be decided, and that without any derogating from the authority of the King and his council, or prejudicating that lawful freedom of the Subject, which is claimed for him. For as it is inseparably annexed to the Office of a King, to be the judge of his people, and as he cannot any longer remain King indeed, 
C●sus in 3. Polic. 300. Cic. 1. de Orat.  than he shall be ready to deliver Iudgement and Iustice unto them, which two things Bracton saith, Faciunt ipsam Coronam, nec ab ea separari possunt: So how soever many Courts of ordinary resort shall bee established by him, yet if either they have not, as I said, authority to apply remedy for all wrongs and diseases, or if that power and authority which they have, may not enjoy her free course and passage, then must the King either exercise his pre-eminent and royal jurisdiction, or else must the injuriously afflicted be deprived of that help and remedy, which both the Ordinance of God, the duty of a Kingly judge, and the common Law of Nature and Reason do afford unto him.  
And on the other side again, it is not to be doubted, but that if the subject were once utterly barred of this access to the person of the King in case of such his distress, he would cry out upon the ordinary Law, for the authority whereof he so eagerly striveth; and would not stick to lay to the Kings charge, that he bare the Sword in vain; that he kept not the promise of the Great Charter; Nulli negabimus aut differemus justitiam; and that he violated the solemn Oath and Vow of his Coronation, faciam fieri justitiam.   

The true moderation of Iurisdidiction absolute.  
WHat is then to be said? Shall the King and his council open a Court for all sorts of Pleas that be determinable by the course of Common Law? that were to set an Anomy, and to bring disorder, doubt, and incertainty over all: Shall no help at all bee sought for at the hands of the King, when it cannot be found in the Common Law? that were to stop his ears at the cry of the oppressed, and would draw wrath and punishment from Heaven.  
between these two extremes, Medio tutissimus ibis, there lieth a mean, that will both uphold the majesty of the King, maintain the authority of the Common Courts, and succour the distressed Client in his greatest necessity. The which, to deliver it shortly, is this: If the ordinary jurisdiction of the Common Court be not hindered by this infinite authority, but onely where either( as I said) they have no Warrant to receive the Plea, or where the tenor of their due proceedings is disturbed; or where the matter is such, as deserveth to be heard upon the highest Stage, or the party such, as is unable to ●un the wearisome race of solemn Law& process; or where some other rare, extraordinary,& weighty consideration shall promote the same.   

The maintenance of that Moderation.  
ANd this mediocrity is maintainable, not onely by reason of the Kingly and judicial Office( whereof I have oftentimes spoken) but also by the meaning of many Statutes, and by the continual practise of our own Kings.  
For whereas the Statute 27. Edw. 3. cap. 13. did provide, that if any Merchant were robbed at the Sea of his goods, and the same came to the hands of any person within the realm, the Merchant should bee received, to prove the goods to bee his own, either by the mark, Chartre party, or Cocket, or by the testimony of good Merchants; and thereupon they should be delivered unto him, 
●3. Ed 4.9.  without any svit at the Common Law. It was construed, that the remedy in such a case was to be had at the hands of the King.  
And therefore Richard the third, in the 2. year of his reign, sate in person with his council, and heard the cause of a Spanish Merchant, that sued before him upon the same Statute, and in the Statutes, 13. Hen. 4. cap. 7.19. Henry 7. cap. 13.31. Hen. 6. cap. 2. and others, do make mention of the King, and his council: it is not so to be wrested, as though they then erected any new authority, but onely had regard to that which was before.  
again, in that the Commons of the realm assented first in the Parliament, 28. Edward 1. cap. 5. that the Chancellor and chief Iustices should attend the King with their advice upon these Complaints: then in the Parliament 37. Edward 3. cap. 18. that these Petitioners should put in sureties of Taliation. After that, in the Parliament 38. Edward 3. cap. 9. that they should bee imprisoned till they satisfied the King, and the party of their false suggestions. And lastly, in the Parliament 17. Richard 2. cap. 6. that damages onely should be awarded against them.  
It is in all these, I say, covertly confessed, that Complaints upon just Causes might be moved before the King and his council, and that the Commons of the realm sought onely to be delivered from troubles and costs that grew by unjust accusations: Which also is made plain in that Petition of the Commons( of Parliament 1. Henry 6. Numb. 41. in the Records) where they prayed, That none should be called before the Chancellor, or the Kings council, for any matter, but such onely as had no remedy at the Common Law; and in such case also, by the testimony of an Indenture, to be made between the plaintiffs and two of the Iudges of either Bench. And albeit the Commons have seemed in some other Parliaments generally, and without any exception, to impugn this Kingly Prerogative; yet here the Kings always most gravely and considerately repelled that sort of attempt: As, when in the Parliament begun at gloucester, 2. Richard. 2. the Commons made a Supplication to the King, That no Writ out of the chancery, or Letter of privy seal, might be directed, to make any appear before the Kings council, or others, to answer touching his Free-hold; but that the Common Law of the Land bee maintained, to have her full course: The King then answered, That he thought it not reasonable, that he should be restrained to sand for his Lieges upon cause unreasonable. And albeit he did not purpose, that such as were so sent for, should answer Finalment peremptorily touching their Free-hold, but should be demanded for trial thereof, as Law required it: Purvie touts voice queen a Suits de party, ou le Roy& son Counceil seroit creablement enformees, queen( pure Maintenances, Oppressions,& autres outrages dascun en pais) le Common lay ne purra avoyer duement son course, queen en tiel case le Counceil purra envior pure le person, pure luy metre a response de sa misprision:& à leur bon discretion de luy compeller à faire surety perserement,& in autre maner de son bon party,& queen il ne ferra maintenance ne autre riens queen purra disturber le course deal Common lay in oppression du people. Provided always,( saith he) That at the svit of the party, where the King and his council shall be credibly informed, that( because of Maintenances, Oppressions, or other Outrages of any persons in the country) the Common Law cannot have her course; in such case, the council may sand for the party upon whom the Complaint is made, to make his answer for his contempt: and furthermore, by their good discretion to compel him to find Sureties by Oath, or in other manner, for his good behaviour; and that he shall not by himself, or by any other, commit Maintenance, or other thing, which may disturb the course of the Common Law.  
And likewise, when as the Commons in the Parliament holden at Westminster in the 13. year of the same King, did pray, That upon pain of a forfeiture, the chancellor or council of the King should not, after the end of the Parliament, make any Ordinance against the Common Law, or the ancient customs or Statutes of the Land; nor make any Writ called Quibusdam certis de causis, for the answering in any sort, where recovery is given by the Common Law, but that the Common Law should run wholly amongst all the people; and that no Iudgement given should be adnulled, without due process of the Law. The King then answered thus: Soit use come ad easter use devant ses hours issint, queen la Regalie du Roy soit sauve; car le Roy voit saver sa Regalie come ses progenitors on't fait devant luy:& si ascun soyent grieve, monster en special,& droit luy serra fait. Let it be used( saith the King) as it hath been used before this time, so as the regality of the King be saved; for the King will save his regality, as his Progenitors have done: And if any person do find himself grieved, let him show it in seventy, and right shall be done unto him.  
Moreover, where in the Parliament holden the fourth year of King Henry the fourth, the Commons complained, That notwithstanding the said Statute 25. Edw. 3. cap. 3. many of the Kings Liege people were unquieted; some, by Writs of Subpoena, issuing upon false suggestions out of the chancery; some, by that Writ out of the Exchequer, called Quia datum est nobis intelligi; and some, by Letters of privy seal: and therefore prayed the King, That the party accused might be received, to traverse such surmises, and to try them by an inquest; which also if they found for him, might give him Damages, with regard of his Slander, Costs, and travail; and that the Accuser should not onely make Fine and ransom to the King, but also endure imprisonment by the space of a year.  
The Kings answer then was, That he would give in charge to his Officers, that they should abstain more than before-time they had, to sand for his Subjects in that manner: But yet( saith he) it is not our intention, that our Officers shall so abstain, that they may not sand for our Subjects in matters and causes necessary, as it hath been used in the time of our good Progenitors.  
Finally, when as in the Parliament 3. Hen. 5. the Commons eftsoons complaining against those Writs of Subpoena, and Quibusdam certis de causis, and Quia datum est nobis intelligi, which issued of matters determinable at the Common Law, and that were( as they said) first devised in the time of King Richard the second, by the subtlety of joh. Waltham, the Bishop of Salisbury: And therefore prayed the King, that it might be enacted, That those Writs should be enrolled in the Courts from whence they proceeded, and thereby made open to the Defendant, that he might thereupon have his Action of Debt for forty pounds against him that should pursue any such. The answer was; Le Roy s'adviseta, The King will be advised of it: The which is the sa●e phrase whereby the Kings of this realm do use to deny their assent to any Act that hath passed the Lords and Commons in Parliament.  
All which Rescripts and Answers of the Kings, do fully disclose that Moderation which I seek; that is, That the course of the Common Law be commonly holden; That men bee not causelessly convented before the King, and his council; and that the proceeding at the Councell-Board, be not upon every light suggestion, nor to determine finally concerning Free-hold, or Inheritance. And yet, that upon cause reasonable, upon credible information, and that in matters necessary, the Kings regality, Prerogative, or judicial Power, in sending for his Subjects, be maintained, as of right it ought, and before hath been used. The which thing( as you see) ●s so far from impeaching the free course of the Common Law, that it not onely concurreth with her, and removeth all impediments of her proceeding, where shee hath the jurisdiction: But also, by the plenitude of the royal Power, supplieth her wants, and defects, wheresoever shee is not authorised to deliver the help of Iustice.   

Examples of that Moderation.  
ACcording to this moderation, King Edward 1. seeing that Bogo de clear was discharged of an accusation put against him in Parliament; for some imperfections of form that were discovered in the Complaint, commanded him nevertheless to appear before himself, ad faciendum& recipiendum quod per regem& ejus consilium fuerit faciendum, and so proceed to a reexamination of the whole cause, Anno 18. Edward 1.  
And according to this Moderation, King Edward 3. in the 41. year of his reign, at the complaint of Elizabeth, the widow of Nicholas Audley, to appear before himself and his council,( viz.) the Chancellor, Treasurer, and Iustices, and Other Sages, and upon their submission to stand to the ordinance of him, and his council, he determined a controversy between them, touching the assurance of certain Lands contained in the Covenants of her marriage. Rot. clauso de Anno. 41. Edward the third.  
According to this Moderation, King Henry 5. in a svit before him and his council, between William Goddard and his Wife, complainants against Hugh Straule for the title of the Mannor of Serrie, and St. Laurence, in the Isle of Tannet in Kent, took order for sequestering the profits, till the right were tried; as well for the avoiding of the breach of the peace, as for the prevention of waste and spoil. R●t. Paten. An●o 6. Henry 6.  
According to this Moderation, when Robert Danvers, a counselor at the Law, had exhibited his Bill to King Henry 6. and his council, in the 11. year of his reign, praying thereby, That forasmuch as he was defamed with the suspicion of raising a Record, of an Inquisition after the death of John Saint-Iohn, the matter might be examined, as well for the behalf of the King, as for the declaration of his own innocency. The request was granted unto him, and upon proof, that William Brocket, a clerk of the Exchequer, had made the razure, Brocket was fore-judged to have access for writing in any of the Kings Courts of Record, and Danvers was acquitted of all fault; with order, that his Declaration of his innocency should be enrolled.  
The like whereof, for the Declaration of the innocency to the Lord Ralph cronwell, chamberlain to the same King, made by him before the Kings council, against the villainous accusation of one Robert Collison, Priest, for suspicion of Treason, may you red in Rot. Paten. de Anno 31. Henry 6.  
According to the same Moderation also, the counsel of the same King proceeded against John ford, a Mercer of London; and punished him for the fraudulent packing of 26. ston of wool amongst certain Broad clothes, that he sold to a Dutchman, which did transport them; Rotulo claus. de Anno 17. Henry 6.  
According to this Moderation, the same King likewise commanded the Iustices of his Bench to stay the arraignment of one Verney of London, till they had other Commandement from him and his counsel: Because Verney being indebted to the King, and others, practised to be indicted of Felony; wherein he might have his clergy, and make his purgation, of intent to defraud his Creditors; 34. Henry 6. Rotulo 37. in Banco Regis.  
According to this Moderation, King Edward the 4. and his counsel heard the Cause of the Master and poor Brethren of the hospital of St. Leonards in york; complaining, That Sir Hugh Hastings, John Wombell, and others, withdrew from them a great part of their living, which consisted chiefly upon having of a Thrave of corn of each Plow-land, 
A Thrave hath 24. sheaves, as a Stack hath 12.  within the Counties of york, Westmerland, Cumberland, and Lancashire; and for the which, they being very poor men, were not able to sue the redress at the Common Law, Rotulo Paten. de Anno 8. Edward 3. part 3. memb. 14. And yet had they of that hospital a special Act of Parliament made for them, to give them Action in that very Case, 2. Henry 6. cap. 2.  
According to the same Moderation, the same King and his council made a Decree for Richard the Abbot of Saint Edmonds-Bury, 
See Holling. Cron. p. 344 sur Records de bury 1. Ed. 3.  against Walter Thurstone, William Sigo, and others, the inhabitants of Bury, whom he there punished, for turbulent elections of their Aldermen, Constables, and other Officers; whereas they had no Corporation at all, nor any other Head, besides the abet. Rot. Paten. Anno 20. Edward 4. Part 2.  
According to the same Moderation, King Henry 7. and his council, in the first year of his reign, heard the Cause of sanctuary at Culva●…, claimed for Treason by humphrey Stafford, under colour of the privileges of the Abbey of Abbington; and gave order, that the Iudges should deliberate thereupon; that Stafford, with his learned council, should be heard before them, and that the Abbot should be called to show his privileges.  
In which year also, a privy seal was awarded to the Maior of Briston, Ad faciendam justitiam; to Ferdinando de Saint jago, a Spaniard; or otherwise, to appear coram Rege.  
And likewise, the same year the Kings council decreed, that Margery and Florence Becket should sue no further in their Cause against Alice Radley, widow, for Lands in Wolwich, and Plumstead; for so much as that matter had been heard first before the council of King Edward 4. After that, 
President of the Requests.  before the President of the Requests of that King Henry 7. and then lastly, before the council of the same King.  
And to conclude, I have seen it registered, That the same King Henry the seventh, did personally sit in Iudgement, with his council, in the Star-chamber, twelve several times within the compass of that first and second year of his reign: where according to his moderation, the plaintiff was commonly bound either alone, or with Sureties, to justify the matter of Complaint; or otherwise, to pay Costs and expenses of the Defendant; and in default of such proof, was many times committed to prison for his wrongful vexation. The Defendant likewise, most commonly, gave Bond for the Peace, or for the Good-abearing, as the case required, to prevent all danger of force, and disturbance of the Common Law; whereunto, for trial, they both were oftentimes dismissed.  
But amongst other things which it hath chanced me to see, that order which the council during the minority of Henry 6. did set down to be observed amongst themselves, is no less memorable than serviceable for this purpose: The which, although it do contain some Articles not altogether proper to this Argument; yet for as much as it hath many points well tempered for the maintenance of this Moderation, and the same so interlarded with the rest, that it should be violent to dissever them; I will set it down wholly, as it came to my hands.  

Order taken for the council, during the minority of King Henry the sixth.  
1 THat the Lord of Bedford, of gloucester, nor other of the council shall behote any favour, but that each Bill and svit shall be seen by all the council, and by them to have reasonable Answer.  
2 That in the plain term the council shall one day in the week intend to the reading and answering of Bills; which Answer shall be endorsed on the Bill by the clerk of the same council, and on the Friday declare it to the party suing, unless the great and notable Causes of the realm let it.  
3 All Bills comprehending matters terminable at the Common Law, shall be remitted thither, unless the discretion of the council feel too great might on the one party, and unmight on the other, or cause reasonable to move them.  
4 No councillor take upon him to be party in any matter, there to be s●ed, but if it touch himself; and the● he not to be present, while it is in hearing.  
5 Each councillor shall have full freedom to speak what he thinketh, in the matters demanded there, and none other of the said council shall conceive indignation; therefore always due reverence kept to every estate and person.  
6 For avoiding of anger, and indignation of persons out of the council, by discovery of things spoken, and treated there; no person whatsoever shall abide in the council, while matters of the council be treated, save onely the Councellors sworn.  
7 No matter shall be assented, but at the least there assent thereunto four Councellors, and an Officer, assembled in the form of council, and at a place appointed; and that shall not suffice, unless they make the more part of the number then present in council.  
8 No Bill be sped, but in place ordained for council, and the council being there in form of a council, and the Bill to be red there first before them all, whereunto every man shall singularly say his advice; and then it may bee subscribed by the Lords there, or in any other place, where the clerk of the council shall bring it himself unto him.  
9 The correction or removing of any councillor, or great Officer of the King, shall proceed of the advice and assent of the more part of all those that had been appointed of the Kings council.  
10 All matters touching the King, shall be preferred to all other, both in Parliament and council.  
11 To benefice and Offices becoming voided, and belonging to the Kings disposition, those shall be preferred that have served the King or his predecessors; so that there be found among them persons able thereto.  
12 Out of the Terme-time, nothing shall be sped in this council, but such things for the good of the King, and the Land, that ask necessary speed, and may not godly be abidden unto the Terme-time.  
13 If the Opinions of my Lord of Bedford, or of gloucester, fall on the part of the less number, and yet do move the greater number forthwith to condescend; then shall the matter dwell in deliberation, till the next day; at which every man shall say his reason, and then shall stand the opinion of the more part in number: and if the number be equal, then shall that party on which the Lord of Bedford or gloucester is in, be holden for the more party.  
14 Where the Kings Prerogative, or Free-hold, is in question, there the Kings Iudges shall be called, and their names and advices shall be entred of Record.  
15 The clerk of the council shall be sworn, That each day of sitting, he shall cause the Bills of the poorest Suitors to be first red, and answered, so near as he can ask, or inquire; and the Kings Sergeant to be sworn, to give counsel without Fee, to such as shall be accepted for poor, upon pain to be discharged of their Offices.  
16 No Lord of this council shall witting receive, cherish, hold in household, nor maintain any pillar, Robber, Oppressor, manslayer, fellow, Outlaw, Ravisher, unlawful Hunter, open misdoer, or other, openly name or famed for such, till his innocency be declared: Nor shall take any other mans Cause, or quarrel, into favour, by word, dead, or message, by giving livery, or otherwise, by any colour, or occasion of feoffment, gift, or dead of Lands, or movables; nor shall conceive indignation against any judge, or Officer, for doing his Office in form of Law; and shall cause their servants, and all others in their Countries, to do the like.  
17 No Lord of this council shall by colour, or occasion of feoffment, or gift of Lands, or other goods, receive, or take by himself, or by any other, to his use, any thing that shall stand in debate, or demand; without it be first spoken of, and committed to the Kings council, and by the more part of them considered to be lawful to do.  
18 None of the said council shall by himself, or by any other, take any gift, for favour, or furthering of any person, or matter; upon pain to restore the double to the party, six times as much to the King, and to be forbidden to sit in the said council, till the King be otherwise advised.   
Thus having made it clearly to appear, who is, and ought to bee judge of these Complaints; let us now also discover what is, and hath been the most usual Place for the exhibition of them.   

The third part, touching the place.  
IT must be true, that the King and his council are not to bee tied to any one place, seeing that the place itself neither addeth, nor derogateth to, or from their authority; and there be many causes of remove and change, from place to place: But yet, even as the Palace at Westminster hath evermore been reputed the chief royal Seat of the realm, as being most frequented with the personal presence of the Kings, and honoured with the Solemnity of Coronations and assemblies of Estates in Parliament; so the councel-chamber of that Palace hath obtained that dignity, to bear a name above all others, and hath been of long time called the Star-Chamber.   

The Star-Chamber is the usual place.  
IT is said in the close rolls de Anno 41. Edw. 3. That the same King, upon the fourth day of May, in the fortieth year of his reign, received the Complaint offered by Elizabeth, the widow of Nicholas Audley, whereof I have spoken; and thereupon caused james Audley to appear before his council,( viz.) his Chancellor, Treasurer, Iustices, and other Sages assembled, En la chamber des Estoyers press de la resceipt al Westm. in the Chamber of the Stars near the Receipt at Westminster: And the Roll, of Patents de Anno 2. Richard, part 1. member. 28. hath the express name of the starchamber.  
Furthermore as it appeareth by Record, that the same purgation of Robert Danvers, which I have before mentioned, was made the 20. of june, Anno 11. Hen. 6. in Camera Stellata coram Consilio Regis.  
So was that fraud aforesaid of John ford, detected and punished in the Star-chamber, within the Kings Palace at Westminster; as by the Close Roll de Anno 17. Hen. 6. it is recorded.  
It is moreover noted, That upon the 28. day of November, 28. Hen. 6. the Kings council being assembled in the Councell-House, called the Star-chamber at Westminster; William Talbois, of Southkind in Lincolnshire, came accompanied with many riotous persons, arrayed in warlike sort, and attempted to have slain the said Ralph, Lord cronwell, of whom I  told you before, being one of the Kings council, and then sitting in council there, in the Kings Palace.  
I find likewise, That upon the 21. day of November, 32. Hen. 6. Richard, the Duke of york, being called before the Kings great council by privy seal, in the Star-chamber at Westminster, complained, That his learned council was withdrawn from him; and therefore prayed, they might without impediment resort unto him again: Whereunto the Lords assented, and commanded, that the same their assent should be entred amongst the Acts of council.  
It appeareth also, That upon the first day of Easter-Terme, 35. Hen. 6. at Westminster, in the Star-chamber, before the council of the King, a Writ of Proclamation, awarded by them against John the Duke of norfolk, was adnulled; because the first Writ issued upon the Statute of Riots, made 31. Hen. 6. cap. 2. and contained in itself no mention of Riots, and other the Contents of that Statute.  
After the time of King Henry the sixth, this place was frequented for the like service by King Edward the 4. who, in the eighth year of his reign, sate there personally in council, attended with the Archbishop of york, the Bishop of Durham, Bath, and Rochester, and the earl of warwick, &c. there decreed that Cause of the Master and Brethren of Saint Leonards hospital, of which I have used some mention before.  
And in the 20. year of the reign of the same King, was that other Decree published in the Star-Chamber, which I noted before to have been made for the Abbot of Saint Edmonds-Bury, against the inhabitants of the same town. Of which King also, the chief Iustice, 1 Henry 7.3. reporteth, That he sate and conferred with his Nobility in the Star-Chamber, about the Execution of sundry Statute-Lawes; for the better observation of which, he there took the corporal oaths of them all.  
But to omit that of Rich. 3. and sundry other Records of other times, concurring in the same testimony, those twelve several stately Sessions, honoured with the royal presence of King Henry 7. and sometimes with almost forty of his council, in the 1. and 2. yeeres of his reign, whereof I spake, and sundry others performed by his Chancellors and council in the same place, do assuredly teach, that it was the ordinary council Chamber of the King, whensoever he and his Court did ●ye, and sojourn at his Palace, in Westminster, frequented no less for deliberation on matters of estate, than for decreeing extraordinary Suits and Causes of Complaint.  
And I think it no doubt, but that judge shared, which 28. Lib. Assis. Pl. 52. openeth the several significations of the words Coram nobis, in the Kings Writs, means this place, when he saith, that Coram nobis, without any more, requireth an appearance before the King and his Chamber, even as Coram nobis ubicunque, &c. commandeth in the Kings Bench, &c. and Coram nobis in Ca●cellaria willeth it before the Lord chancellor.   

The Name of Star-chamber.  
but from whence this place first purchased the name of Star-chamber, there may be divers conjectures; one, by derivation from the old English word Steoran, which signifieth to steer, or rule, as doth the Pilot in a ship; because the King and council do sit here, as it were at the stern, and do govern the ship of the Common-wealth: Then, of the latin word Stellio, which betokeneth that starry and subtle Beast, of whose name the fault of crafty Cozenage is borrowed by the Civillians, which they call Crimen stellionatum, because the sin is punished in this Court by an extraordinary pain, even as it was in the Law Civill.  
Lastly, because happily the roof thereof was at the first garnished with gilded Stars, as the room itself is starry, or full of Windows and Light; in which respect, some of the latin Records name it Camera Stellata; the French, Le Chamber des Estoyels; and the English, the Starred Chamber; as you may observe by that I have spoken before.   

The ancient usage of the starchamber.  
but leaving the choice of these, as also all further conjecture therein, to other men; I will proceed to set forth the usage of proceeding in this place, before the making of the Statute 3. Hen. 7. cap. 1. the which, some men( but much deceived) do take to have laid the first ston of this far more ancient and stately Erection.  
Vpon Complaint exhibited, the plaintiff either came freely, or was sent for by Corpus cum causa, if he were in prison: The Defendant was summoned, or called in, either by Writing, or Messenger; by Writing, as by the Kings own Letter; or by his Privy seal, directed under a pain to the party self, or to the sheriff, to take Sureties for his appearance; or by Letters missive, from the council; and if he made default, then upon Affidavit made, by an Attachment and Proclamation of Rebellion, if the case require it. By monition of a Messenger, as by a Sergeant at arms; who, upon contempt of former process, or upon doubt of the flying of the party, or for his being near at hand, or in respect of the heinousness of the fact, was many times addressed to seize upon the Defendant, and to bring him into the Court.  
The Pleading was by Bill, Answer, and Replication, as by the Records of these two Cases of S. Edmonds-Bury and S. Leonards hospital, before mentioned, I do plainly find.  
The Hearing was as well by examination upon Oath of the Defendants themselves, as of their witnesses; against whom the manner was to award compulsaries for their appearance, if the party would depose their testimony to be necessary for him, and if their ability of body would bear the travail: if not, then were they, in pitty of their impotency, examined at home.  
The Determination, was by Decree, which passed by the assent of the more part, delivering their opinions singularly; whereby either the Cause was decided in the Court, or dismissed to trial at the Common Law; or otherwise, upon default of the plaintiff( being proclaimed, or called thrice at the council door) the Defendant was quiter dismissed, with his costs and expenses.   

The Officers of the Star-Chamber.  
THe Officers, or Ministers that I find, were then the usher, the sergeant at arms, the attorneys, and the clerk. The usher, for the keeping of the room, the proclaiming of silence, the calling of names, and other base services, and the sergeant, as well to bear the Mace, for the honor of the Lord Chancellor, as to arrest and bring such as he was commanded.  
Touching the attorneys, I wot not whether their Service might then be called a standing office, or no, because they were at large, some two or three at once being received, to follow for one client; in so much, as there were above thirty several persons employed thereabouts, during onely the first and second yeares of King Hen. 7.  

clerk of the Star-Chamber.  The Office of the clerk of the council, was to Take, Endorse, Enter, keep, and certify the Bills, Pleadings, Records, Rules, and Decrees of the Court. And as it is not to bee doubted, but there hath been from time to time, a clerk of the council, considering that such a Court could not be without the service of such a Minister,( albeit happily his authority, in examining of Witnesses, taking of Affidavits, and admitting men by attorney, was by little and little enlarged): So I do not find it expressed, who was the clerk during the minority of King Hen. 6. or at any time before it; For the very first of whose name I have red, was Thomas Kent, a Doctor of the Law, to whom King Henry the sixth, by his Letters Patents, dated the fifteenth of july, in the two and twentieth year of his reign, gave both that Office for his life, calling him Clericum Consilii nostri, and the Office of the breviary of the privy seal; with wages, of a hundred pounds by year; and with power, for reasonable cause of absence, to make his sufficient deputy therein. After him, whether immediately or no, I have not to affirm, because that I suspect that one Langport was between, in the first year of King Henry the seventh; John Bladswell, a Doctor of the laws also, was made clerk of the council, and exercised the same Office: The degrees of which two men, whereof the first was afterwards sworn of the council, do set forth the dignity of the place, being( as I suppose) the best Clarkeship of this Land, unless you will call the Master of the rolls a clerk again; as some former Statutes are wont to name him.  
And these bee the onely name men of that place, with whom I have yet met, before that Statute made in the third year of King Henry the seventh.  
After whom, that I may shortly summon them all, there succeeded in the sixth year of King Henry the seventh, Robert ridden; in the first year of King Henry the eight, John Meutis, secretary for the French; and in the fourth year of the same King, Richard Eden: during one time of whose sickness, Thomas El●ot held the Place: in the 22. year of which King also, the Office was upon a surrender, granted jointly to that Richard Eden, and Thomas Eden, which last man forthwith exercised the same alone. And in the fifth year of King Edward the sixth, it was granted in reversion, after the death of that Thomas Eden, to Thomas Marsh; to whom it fell in possession, in the ninth year of her majesty that now is: In like reversion, after whose death, it was likewise granted to William Mills, mine ancient favourer, a man trained up from his youth in the services of that Court; who took it in possession the fifteenth year or her Highnesse reign, and how holdeth: By whose good labours and friendships also, I was the better enabled to writ some part of this present Discourse.   

The authority of the Star-Chamber by new Statutes.  
but having now run through the ancient usage of this Court, there remaineth a consideration of that Statute made in the third year of King Henry the seventh; by which the persons therein name, are authorized by their discretions, to examine certain offences,& the same to punish, according to the effect of the Statute-Lawes, the very words whereof be these.  
The King our sovereign Lord remembreth, how by unlawful Maintenances, giving of Liveries, signs, and Tokens, and by Retainders, by Indentures, Promises, and other Writings, or otherwise, Embraceries of his Subjects, untrue demeaning of Sheriffes, in making panels, and other untrue returns, by taking of Money by Iuries, by great Riots, and unlawful Assemblies, the policy and good rule of the realm is almost subdued; and for not punishing those inconveniences, and by occasion of the premises, nothing or little may be found by inquiry, whereby the Law of the Land in execution may take little effect, to the increase of murders, Robberies, Perjuries, and unsuretie of all men living, and losses of their lands and goods, to the great displeasure of almighty God: Therefore it is ordained, for reformation of the premises, by authority of the said Parliament, That the Chancellor, and Treasurer of England for the time being, and Keeper of the Kings privy seal, or two of them( calling to them a Bishop, and a temporal Lord, of the Kings most honourable privy council, and the chief Iustices of the Kings Bench and Common Pleas for the time being, or other two Iustices, in their absence) upon Bill, or Information, put to the said Chancellor for the King, or any other, against any person, for any misbehaviour aforesaid, have authority to call before them, by Writ or privy seal, the said misdoers, and them, and others, by their discretions, by whom the truth may be known, to examine: and such as they find therein defective, to punish them after their demerits, after the form& effect of the Statutes thereof made, in like manner and form as they should or ought to be punished, if they were thereof convict after the due order of the Law, Anno 3. Hen. 7. cap. 1.  
This Statute, as some have thought, was made for the restraint of that absolute authority, which before-time was exercised by the Kings council: So, as after the making hereof, they were to take knowledge of these few Causes onely, and of none others.  
But I do rather expound it by way of enlargement of their juridical authority: for insomuch as there are not in it any words prohibitory touching the former manner of proceeding; and the scope of this Law, is to have those offenders convicted by other means than by order of Law, as they were before; I gather thereby, that the Statute giveth an additament of this sort: ( viz.) That whereas before-time the King and the Lords of his council did not admit any Complaint, but such onely as carried within it a reasonable surmise of maintenance of their jurisdiction; for the proof whereof, also the plaintiff ought by the Statute 15. Hen. 6. cap. 4. to give Sureties, as I have before shewed. Now by this new Statute, over and besides that ancient authority, onely these three of the council,( viz.) the Chancellor, Treasurer, and Keeper of the privy seal( using the assistance of some others thereunto appointed) were enabled to hear& determine ordinarily of these 8. offences, and that without any manner of such suggestion, or surmise at all: And that both King Henry the seventh, and King Henry the eight, did many yeeres after the making of this Statute, sometime in person, and very often by their council, practise that by former jurisdictions in the Star-Chamber, without any help of this new Law& Statute, it doth most certainly appear by the books of Entries kept there; which is a true Ephemeris or journal of the Acts of the Court.  
But for as much as they of the Parliament holden in the 21. year of King Henry the eight, cap. 20. espied some defects in this Statute of Henry the seventh, they did supply the same after this manner following; viz.  
The Chancellor, Treasurer of England, and the President of the K. most honourable privy council, attending upon his most honourable Person, for the time being, & the Keeper of the K. privy seal, or two of them, calling unto them one Bishop, and one temporal Lord of the K. most honourable council, and the two chief Iustices of the Kings Bench, & the Common Pleas, for the time being or other two of the K. Iustices in their absence, upon any Bill of Information hereafter to be put in: The Chancellor of England, Treasurer, President of the K. said most honourable council, or Keeper of the K. privy seal for the time being, for any misbehavior before rehearsed, from henceforth have full power and authority to call before them by Writ of privy seal, such misdoers, and them, and other, by their discretion, by whom the truth may be known, to examine: And such as they shall find defective, to punish thē after their demerits, after the form and effect of the said former Statute, and of all other Statutes thereof before made,& not repealed,& expired, in like manner and form, as they should or ought to bee punished, if they were thereof convicted after the due order of the Kings laws.  
By which latter Statute these things following are brought to pass, viz. first, that the President of the Kings council is hereby added to that triumvirate, and is made one of the Iudges of them.  
Secondly, a doubt is here taken away, that might be moved upon the words of the first Statute, namely, whether the Bishop, the temporal Lord of the Kings council, and the Iustices name in that Statute, were Iudges equal in his authority, with the other three great Officers; or else whether they were but onely assistant unto them with their advice: For here, in this latter Law the full authority is given onely to those three, and the President; so as the residue are to be called onely for their advice: But yet so, that the proceeding is erroneous, if either the other four do not call them, or do not hear their advice when they be called.  
Lastly, the Bill, or information, ought by this latter Statute to bee put in generally, that is, to the King, as it was wont to be: Whereas, by the strict words of the former Act, the same was to have been exhibited to the Lord chancellor: And thus by the benefit of these two Statutes, the judicial handling of these eight offences which before did proceed, as I partly touched, either by way of Indictment, or Action, may now be performed without any inquest or Verdict, even by the onely examination either of competent witnesses of the parties themselves, or of both; a course which was never before permitted by the Common Law of the realm, wherein no trial was allowed; but that only per legal judicium parium, as the Great Charter itself plainly doth aclowledge.  
And this was now at the last devised, because as the Statutes themselves do report, that ancient and ordinary proceeding at the Common Law, against these Maintainers, retainers, Ryoters, and the rest of that rabble was hindered by the greatness of the Offenders, which were belike so breasted, sided, and backed with a many friends, tenants, and followers in their own Countries, that none Indictment or trial could make the way to touch them: Which thing threatened the utter subversion of the good policy of the realm, if this sovereign and higher hand had not been timely extended for help and remedy.  
Howbeit by the express words of these new laws, these offences name in them, are in none other degree to be punished in this Court now, than they were before upon conviction by judgement, and the trial of twelve.  
And therefore the change that is offered, resteth chiefly in the circumstances of place, process, Iudges, and mean of trial, the very substance itself( that is to say) the discretion of the fault itself, and the distribution of the pain due thereunto, remaining the very same that they were before; from the which appointed pains, if these Lords shall at any time think good to varie and depart, then it must be understood to be done by that former authority which they had, and have as the council of the King, and not by virtue of these Statutes, 
The double authority of the Star-Chamber.  which do leave unto them no liberty at all in this behalf, for wee may not so conjoin, or rather confounded these Authorities, as either of them shall be extinct, and drowned in the other, but wee must preserve them both separably, and distinct, not onely in understanding, but in the execution and practise also; even as when the Iustices that ride the Circuits, do bring with them into the country one Commission of Oyer and Terminer, and another of Gaole delivery, and a third of the peace, and do sit upon the trial of Felonies, they may lawfully extend their authority by the one, where the other will not reach and serve the business; which thing, they could not do if by such a Conjunction the greater Commission should be said, to devour and swallow the less.   

A Confutation of some Objections against the Star-chamber.  
ANd this one hold is of sufficient strength to withstand the Assaults of all those objections which some are wont to make against certain the proceedings in this Court.  
For whereas they do think that none other Complaints can be sentenced here, but these onely, which are in these Statutes, or some other specially appointed to be thus determined, they bee deceived, for that they do not cast their eyes upon that former power, which these Lords and others do bring hither with them, as the council of the Queen, the which is not to be restrained to these so narrow bounds. And no less do some others err in judgement, which do maintain, that without the presence of some two of these four Lords mentioned in the last Statute, no Decree made in this Court is warranted by the Law, for they are convicted by the same former reason; considering that the council of the queen( sitting there in form of a council) are not deprived of that ancient authority, by the absence of any two or three of them.  
More probably I confess, do those men reason, who( pressing this Court with the words of these Statutes, and with the general usage of all other Courts of Iustice) do think that a Bill, or Information in writing is so necessary, for setting the Complaint on foot there, as that without it, the proceeding verbally,( or Ore tenus as wee call it) is not in any case to bee allowed.  
It is true, that the hearing and determining causes upon Bills and answers in writing, is generally a very sure manner of proceeding, as well for the cutting off of all tergiversation, and cavilling between the parties, as for the Warrant and defence of the Iudges themselves. But yet it seemeth to me that in special Cases this Court both hath sufficient authority, and may of good discretion take knowledge of ●he cause, and decree punishment for it, without any such information of the matter set down in writing; for as all the travel and labours of whatsoever Iudges ought to bee directed to this only end, and mark, that( the truth of the Controversie●eing found out) Iustice may bee ●elivered, and as in a criminal ●omplaint( which is the proper ●ubject of this Court) the truth ●an no way better appear, than ●y Confession of the Offender him●●lfe. So if either the necessity of the Cause do require, that the guilty party be speedily convented or charged, or if he be deprehended flagranti crimine, in committing the fault, or if the offence do onely, or chiefly concern her majesty, or if the circumstances thereof, be such as may not seemly abide the blazing of a Bill, and then the Offender shall, upon Examination, freely, and without torture, confess the body and substance of the crime that is verbally laid to his charge, surely neither he, nor any for him, can justly complain of Injustice, in that he is sentenced without Bill, and answer in writing: Wherefore when Iustice is once satisfied, I see none other use, but onely for a memorial, in which behalf the proceeding itself being entred in the Records of the Court, shall be an 〈◇〉 of equal credit, with that, that begun by Bill in writing: and it i● plain, that Bill and Answer in writing be not of the substance, but only of the solemnity, and ceremony of judicial proceedings, the which also may best be spared in criminal Causes, in which otherwise the delivery of Iustice may sometimes be hindered by over-much formality.  
For which cause as I think, King Edward 1. in that place of briton, which I have cited, sticketh not to affirm, that it belongeth to his Kingly Office, to give due Iudgement whatsoe'er the very truth doth appear, sans auter process, without any other Formality, Ceremony, Solemnity, or process at all. And therefore, if after a Bill exhibited here, and the matter of Complaint proved by Examination of the party, and by deposition of Witnesses, it should fortune, ●he Bill, or other parts of the Pleading to bee embezzled or lost; I would not doubt, but that this Court( which must not always be tied to the strict order of Pleading, that is necessary to be observed in some other Courts) might either cause a new Bill to be framed upon the matter already proved, and brought to light, or else command the queens attorney to inform it Ore tenus verbally, without offer of any Bill at all. According to which summary manner of Iudgement, the Kings council, who have the exercise of the same, his own Authority have many times proceeded in this Court: Whereof the books of Entries there, hath plentiful Testimonies; which I for avoiding the odious rehearsal of mens names, not yet forgotten, do willingly forbear to produce.  
Thus have I made it appear both what hath been the right usage of this Court, by the original power thereof, and what access of authority it hath received by these new laws and Statutes; the which were, as you see, ordained to apply a most honourable, high, awful, and ordinary remedy for these enormities and excesses, which were at that time grown so exorbitant and high, that they might not sufficiently be revenged by the inferior Iudges, and usual stroke of the Common Law. In which case right necessary it was, that the King himself, and such as were nearest in the stair of authority underneath him, should show themselves; by the majesty and awe of whose personal State and Presence, both these Offenders might bee abashed, and beaten down, and these offences might be made exemplary, and forewarning to other men.   

The several Offences determinable by the Statutes.  
ANd now so much being said touching these things, let us descend to the particular enumeration and handling of these offences, that are by the Statute-Lawes to be heard and determined before the Lords here. And for as much as these two Statutes do afford us eight at one, let them be ranged in the first place as they stand, viz. 

unlawful Maintenance.  
Giving of Liveries, signs, or Tokens.  
Reteiners by writing, or otherwise.  
Embraceries of the Kings subjects.  
untrue demeanings of Sheriffes, in making panels, or other untrue returns.  
Taking of Money by Iuries.  
Great Riots, and unlawful Assemblies.    
All which also, are bent( as I said) either by fraud or force, to the hindrance of the execution of Law, and to the increase( as one of these Statutes saith) of murders, Robberies, Perjuries, unsuretie of mens lives, and loss of their goods and lands. For the better manifestation of these matters, therefore I will lift them up by one and one in order as they lie; and will first show the nature of each fault; then, the evils that do ensue thereof: and lastly, the punishment that by Law is laid upon it.   

Maintenance.  
MAintenance seemeth to be derived of the latin words, Manu tenere; because he that maintaineth, taketh by the hand( as it were) and holdeth the Cause of another man as fast, as if it were his own proper: and therefore Maintenance is a kind of conspiracy made by two or more persons against some other; because the very party to the Cause, and that others which steppeth into the furtherance of it, do combine themselves together, and do make a Complot against the adverse party to the same. And this may be as well for matter hanging in svit, or Plea, as for some other Cause not being brought in Plea, or Action, howbeit, Maintenance is commonly understood of Causes in svit: as when one that hath none interest to a matter in question, will either give money to council, or will take some interest of purpose, to make the Cause seem to be his own, or will show himself( and give his speech or countenance) for the one side, at the time that the matter shall be heard, or tried; or will terrify or discountenance the contrary side; or generally, will do any thing for the one party, to the hindrance of the free course of Iustice against the other.  
Of this Maintenance, there is one sort that beareth a special name, and is called Champartie; 
Champartie.  because the party to a svit giveth to some other man( for maintenance sake) Campi partem, that is, some part of the thing in demand, or otherwise, some profit going out of the same. And Champartors( saith the Statute●. Ed. 1.) be they that move Pleas and Suits, or cause them to be moved by their own( or other mens procurement) and sue them at their own proper Costs, to have part of the land in variance, or part of the gains that may come by the svit.  
The persons that fall into the fault of Maintenance, or Champartie, be either public( as Officers) or else private men: And the evils that do ensue thereof, be great in them both, but so much the greater in public persons, as they have( which private men do want) the help of their Offices, and aid of their authority, to work their harms withall. For if it be permitted, that every one( and especially such as have the higher Places) may step into the quarrel of another, and maintain it as his own, both by his Purse and other Power; then shall the Cause of the poor and honest be overthrown, and trampled under foot, and then shall the wicked be emboldened to offer injury; and the way to redress, shall be shut up and fast barred. The laws of the realm have therefore( according to the diversity of the offence herein) ordained sundry and divers punishments: And first, for Maintenance, thus:  
None of the Kings Councellors, servants of his Household Officers of his Courts, or great men of the realm, shall take upon them to maintain any Quarrels or Parts in the country, to the disturbance of the Common Law: Vpon pain, that every Officers Bodies, Goods,& Lands shall be at the Kings pleasure, 1. Ed. 3. cap. 14. 4. Ed. 3. cap. 11. 20. Ed. 3. cap. 4.& 1. R. 2. cap. 4.  
No man shall by any means buy or sell, or take, promise, or covenant to have any pretended Right or Title to any Lands, Tenements, or Hereditaments, unless he that so selleth, promiseth or covenanteth, or his Ancestors, or they by whom he claimeth, have been in possession thereof, or of the Reversion or remainder thereof, or have taken the Rents or profits thereof by the space of one whole year next before such sale, covenant, or promise: upon pain, that such seller or promiser shall lose the whole value of the thing bought, or promised; and that such buyer or taker of promise( knowing hereof) shall likewise lose the whole value thereof.  
No man shall by any sinister labour or means maintain any matter or cause, to the disturbance or hindrance of Iustice; upon pain to lose 10. li. for every offence, 32. H. 8. cap. 9.  
No sheriff or Steward of any Court shall suffer any Barettor, or maintainer of Quarrels, in their country Courts, or other Courts; upon pain, that the King shall grievously punish both the sheriff and him that so doth, 3. E. 1. cap. 32.  
No person( after forcible entry by him made into any Lands, or after the holding the same with force) shal make any feoffment or discontinuance thereof( for maintenance sake) to any Lord, or other person, to defraud the Possessor of his recovery: And if it may be proved, thē that feoffment or discontinuance shalbe voided, 8 H. 6. c. 9.  
No person shal so maintain any Riot, Rout, or unlawful Assembly, that the same thereby may be found by the jury ( charged to inquire thereof) upon the pain of imprisonment, and to forfeit 20. li. 19. H. 7. cap. 13.  
Touching Champartie, it is ordained, that such as take Pleas to Champartie by any craft or means, shall( if they be any of the Kings Councellors, Household servants, Iustices of his Courts, or ministers there) have 3. yeres imprisonment, and make fine at the K. pleasure, 21. E. 1. & if they be other persons than such, thē they shal forfeit so much of their own Lands and Goods, as the thing( that they have so bought) shall be worth, 28. Ed. 1.   

Giving of Liveries.  
GIving of Liveries, Badges, or other signs or tokens, is the next fault in order to Maintenance, and partaketh of the same nature, being also a sort of conspiracy to maintain some party, and make it great withall; for on the one side, when Noble( or mighty men) and Gentlemen do perceive that the trial of Causes in the country proceedeth ordinarily by the mouths of Franklins and Yeomen( Free-holders) and do find themselves unable( without such) to cover their wrongs and oppressions with the cloak of Law: Then do they many times retain such men into their avowment, service, and protection; offering unto them the countenance of their own Nobility, authority, Wealth, and Friends, that they also may receive reciproque favour and good help by their solicitation and means amongst the Free-holders of the Country that be their Neighbours, Friends, and kinsfolk.  
And on the other side these Good fellowes, seeing that the cloak and Cloth of a Noble man, or other great parsonage, is a good defensative against such storms of Law( or other businesses) as do arise in the Country, and that Might doth many times( as the proverb is) overcome Right. They also willingly and by great svit emband themselves amongst their other servants; and many of them when they find themselves so invested, wax afterwards as bold to offer wrong to their Neighbours, as they were glad at first to be shielded from it: Besides this, there was wont to be another kind of league and alliance, not of Master and Servant, but of equals amongst themselves, whereof no less harm ensued than of the former: For the vulgar and base people, espying that the Church-men were rich and strong by their immunities, the Nobility, gentry, and best Yeomandrie of the country were fast linked in bands together, and that in Cities and Corporate towns also, there was an usual combining of many into one body: So as all other sorts of men( besides themselves) were strongly united, and they onely loose, and left to themselves: They also fell therefore to shoaling and banding into Companies, and( each man at their own charge) suited themselves in like Coats, Hoods, Hats, Laces, and other common marks, whereby they might be known each to other of them.  
Now, albeit these Conventions may( at the first show) deceive many, with a Vizard of amity, Love, and Brotherhood; yet the wisdom of the Law( that is able to unmask such fraud) hath discovered many dangerous evils, that lie and lurk ●nderneath them.  
For, besides that the common ●ourse of Iustice between man and man, was greatly interrupted by these Confederacies; so as hardly any man that was not party to such a Conjuration, could either ask his ●ight against any of them, or repel ●●e injury that they should offer ●nto him; the Cause of everyone of them, being used as the common ●●use and quarrel of them all: It ●as found perilous( by many proofs) ●en to the Estate and kingdom it ●●fe, that either Noblemen or Gentlemen men should draw so long tails after them, or that the meaner sort of the people should be suffered to make so strong Bodies and Bands within themselves; both which, are the Seed and Weed of mutiny, Tumult, and Rebellion. And therefore, the laws have armed their power against them; providing at the first, That no Yeoman, or other person,( under the degree of an Esquire) shal take any livery of any Lord, except he be his Household servant, or continual Officer; upon pain of Fine and Imprisonment, 16. R. 2. cap. 4.& 20. R. 2. cap. 2. Then afterwards it was ordained, upon the like pain, That no Lord, Spiritual or temporal, should give livery to any Knight, or Esquire, other than to his Household servants, Officers, or council learned in the Law, 1. H. 4. cap. 7. Which Law stepped so far into this matter, that it forbade Knights and Esquires to wear the Kings own livery, during the time that they had their abode in their Countries. And King Henry the fourth seeing this evil to increase, did also increase the pain, and laid 5. li. upon the giver of every livery,( if he were a Knight, or under that estate) and 40. shillings upon the taker, 7. Hen. 4. cap. 14. At the length, the penalty of 5. li. for every month, was inflicted upon the giver, and the like upon the taker of any livery, except he were his Household-man, Officer, or councillor at the Law, 8. Ed. 4. cap. 2. And because it was at the length perceived, that the Officers of the Kings own Castles, manors, Lands, Forrests, chaces, and parks, were retained unlawfully by other men, and did also retain into their own services unlawfully the Kings farmers and Tenants; those offences were also drawn into Iudgement, and punished, by the loss of those their Offices and Leases, 3. H. 7. cap. 12.  
Thus far of Liveries, signs, or Badges, given by the superior to his inferior.  
As touching that other confederacie by the common people, the same was also prohibited, under the pain of 40. s. laid upon every one that should congregate themselves by the use of any common livery; those Fraternities and Mysteries of Cities and boroughs( that were ordained to a good intent) onely excepted, 7. H. 4. cap. 14.  
And now it might seem, that sufficient Law had been provided against all kind of Retainments: but yet that was found true, which one said; He that will device Law against offences, hath the head of Hydra to fight withall; seeing that one evil is no sooner cut off, but another starteth up, and taketh the place. And even so fell it out in this matter of Retainments: For when the Law had laid sharp correction upon the giving of Liveries, signs, Badges, or other notorious tokens of unlawful complots; then was it devised, that men should secretly bind themselves together( for maintenance of Quarrels) by oaths, Promises, or Writings; whereof there grew a great deal more hurt, than of all the other Retainers besides: for that, in those other Retainments, men served at liberty, and might change when they would; but by this means they were so fast tied, that without breach of Oath, or Promise,( things whereof all men use to make some conscience) they could not be set free, and delivered: And therefore, both such Retainers, and he that is retained, are to lose 100. s. for every month that such their retainment shall continue, 8. Edw. 4. cap. 2.  
These be the pains that Law hath provided, and those be the evils that former times have espied, concerning this matter of Retainment.  
But yet there is, in time, a further mischief begotten; the which if those laws had foreseen, they would have whetted a sharper edge against it: For seeing that in former Ages, the payment of Subsidies, the service at Musters, and some other common charges of this our time, were not usual; the harm of Retainments was not then so thoroughly seen and discovered, as now it is.  
There is nothing more usual at this day, than to retain the wealthiest Yeomanrie; and either by forbearing them wholly, or charging them lightly, to make recompense of their service, by robbing the queens Coffers, or by defrauding Her and the Realm of that help which they might bring, if they were equally burdened as their neighbours be, and not favoured by men that manage those services, in respect that they belong unto them. Which thing considered, it is to be wished, that either sharper Law were provided, or( at the least) the former Law more severely executed, against unlawful Retainments. But now to the rest.   

embracery.  
THat embracery of the Kings subjects, which is mentioned in those Statutes, may be of two sorts: For either it may be taken for the drawing of men into Bands and Companies, for maintenance sake; and then it is but a member of the former maintenance: or else it may signify, the seducing of jurors to pervert Iustice; the which is more properly called, and most commonly known, by the name of embracery, and yet is a sort of Maintenance, and conspiracy also: For in this respect, the Statute( 28. Ed. 1.) called this sort of men, false Informers, and Embraceours of assizes, and Iuries: And the Statute( 38. Ed. 3. cap. 13.) defineth them to be Embraceours, which do solicit and procure inquests in the country, to make gain and profit thereby.  
It took the name, and may well be derived, either of the French word Embracer, which is to kindle or set on fire; or else of the word Embrasher, of the same Language, which our Tongue hath adopted, and useth in the same sense; that is, where one man taketh another in his arms, and( as we usually speak) embraceth him: For by a Metaphor, of the first meaning, he that laboureth a jury for the one side,( or party) may well be termed an Embracer, because he cannot do it without kindling( or incensing) their mindes against the other party: And ●y a Metaphor, of the second meaning, and may be said to be an Embraceour of a jury, that maketh much of them, and embraceth them in the arms of faire speech, gifts, or promises; to the end, to 'allure and win them to the one side, against the other. So that, if a man will take upon him to labour and ply a jury for the one side, before they come to the bar; or for to affray them, when they be at the bar; or by any means endeavour to corrupt them, for the help of the one party against the other; he is a special Maintainer, under the name of embracery.  
What Evils do follow of this fault, may be seen by this, That it is a sort of Maintenance; and therefore sendeth abroad the like effects, in generality, that our Maintenance have: But especially, it is occupied in corrupting of jurors, which are( i● effect) the very Iudges of our La● seeing that the Iudges can give no other sentence, than according to the Verdict which the jury presented unto them.  
Now what harms may ensue by poisoning the opinion of Iurers in the realm( wherein the chief proceeding in Law is by the means of them) every man may see, and( t● say the truth) no less mischief do accompany it, than the secret undermining, ruin, and overthrow of all Law, Right, and Iustice.  
Worthily therefore hath the Law( 38. Edw. 3. cap. 12.) ordained That if any person shall( for his own gain) embrace any jury or Inquest, he shall lose ten times so much as he received; and 〈◇〉 he have not whereof to answer so much, then he shall endure a whole yeeres imprisonment: But if he shall embrace a jury, without taking any thing for his labour, yet by the Statute( 32. H. 8. cap. 9.) he shall pay ten ●ounds for every such his offence.   

Offences in the making of panels.  
ANd now, even as those that strive to do wrong, can little prevail by running the course of Law, though they be mighty to maintain, though they be never so furnished with retainers and Followers, and though they can perswasively deal with Iurers, and Inquests also, unless withall, by the help of the sheriff( or his clerk) such men be returned, and put into the panel for them, as they themselves should nominate, or like: Even so, those Statutes, seeing that Causes in Law depend no less upon the sound and upright service of the Sheriffe● than doth the door upon the hooks( by the mean of which it openeth and closeth at pleasure) they have in the first place noted two several misdemeanours of that Officer, and have referred the correction of the same to this Honourable Assembly in the Star-Chamber; The one, is the untrue demeaning of the sheriff, in making panels; the other, is his falsehood in other returns.  
By the panel is meant that Catalogue( or Roll) wherein the names of 24. good and lawful men ought to be returned by the sheriff, out of which the number of twelve are to bee tried and sworn, and to yield their Verdict upon each matter in issue, that is triable( by jury) between man and man; and the same or a greater number of them, to be charged for enquiry on the behalf of the queen. In which part, if the sheriff shall apply himself to serve, not the Court, and Iustice,( whose minister he is) but the one or the other party( that shall cor●uptly win him) then shall not ●he better Cause, but the fuller Purse prevail; and it shall be all one, whether the party be judge of his own matter, or procure such as him●elfe shall denominate, to pass upon ●he trial for him.  
And as in this part of his Office, ●he good demeanour of the sheriff maketh much to the furtherance of Right; and his corrupt dealing may highly advance injury, and Wrong: So also, by all other the ●eturnes and answers of his service to her Majesties Courts, he may greatly help or hurt the matter in question; either winning time against the plaintiff, by di●●orie returns of his Writs, and ●●oces; or wringing the Defendant, by untrue answer made of that which he hath in charge, or abusing both them and the Court, by sending in no return at all.  
In all or the most of which Cases, although the party( defrauded by him) may sometimes help himself by averrement against his return; sometimes, by complaint to the Court where the svit dependeth: and other times may find amends, by an action upon the Case for his abuse; yet the Law seeing that Iustice is many times both delayed& deluded by such unfaithful services, hath first( touching panels generally) provided by the Statutes( 42. Ed. 3. cap. 11. 34. Edward. 3. cap. 4.) for the better direction of the sheriff in that behalf, that( upon pain to be fined after the quantity of the damage sustained by the party) in all manner of Pannells, those persons should be put that be most substantial, worthy of faith, and not suspected, nor procured, but having best knowledge of the truth, and being most nigh to the place, where the question in Law doth arise. And( 18. H. 6. cap. 14.) it was ordained to continue for a time, That if the sheriff, or bailiff, should take any thing for arrayring of panels, the party grieved should have his Action, and recover ten times so much against him. And that this abuse may bee the more surely repressed( especially in case where the service concerned the Prince himself) order was taken by the Statute( 3. H. 8. cap. 12.) That the Iustices of Goale-deliverie, and of the Peace, might reform all panels returned before them, to serve the King; and that the sheriff and his Ministers should( under the pain of twenty pound) eftsoons return the same so reformed by them.  
Many other Rules there are, particulary set down by sundry Statutes, concerning the value in lands or goods, of the jurors returned, in sundry sorts of Actions; concerning Hundredors, to be inserted in the panel amongst them; touching the quantity of the Issues that the sheriff ought to return upon every of their heads, and such other matters, whereof many do carry their special pains within them: all which are over-long to be recited here, and be sufficient of themselves to make the Body of a large Discourse.   

untrue returns by Sheriffes.  
TO come to the other part thereof, where either the sheriff will not receive the Writ at all, or ( receiving it) will either make no return, or a subtle or false return of the same; there is a large Statute made,( 13. Ed. 1. 39.) by which it is enacted, That the party may deliver his Writ openly to the sheriff, to be served, taking a Bill thereof from the sheriff himself, or other witnesses: And if he do not then return the same, the party shall have Damages against him, according to the peril that might come unto him by that delay. The like remedy is there given, if the sheriff will untruly return; That the Writ came so late to his hands, that he could not, for want of time, make execution of it. There is help also for the untrue returns of small Issues, upon a man whose Land is able to answer great: And for the unjust charging of bailiffs of Liberties, to have made him none answer of the Writs that he sent unto them: In all which Cases of false return, power is given to the ordinary Iustices, to punish a sheriff once or twice for his offences: But if he offend the third time, that then no man shall have to do therewith, but the King: Even as( by the same Statute) no judge or Officer may take upon him to punish a great man( that shall resist the sheriff in the execution of the K. Writs) but the King himself, to whom that power is reserved: Because( as the Statute speaketh) such persons be disturbers of the Kings Peace, and of his realm.  
But, for as much as the Vnder-Sheriffes( or clerks of the Vnder-Sheriffes) waxed bold to commit the same offences, for which their Masters were to be punished, and for which, as yet, there was not any Sword of Law drawn against themselves; there was( in the time of the same King) an Ordinance made,( and called, Tractatus contra Vice-comites,& Clericos) By which it is to be provided, That if the Offence of a false return be found in the person of such a clerk to the sheriff; then shall that clerk both make Fine to the King, and satisfy the party hurt,( if he be able) and the sheriff to go quit: But if the clerk be insufficient, then is the sheriff himself to answer for him.  
Howbeit, this last Age hath proceeded further, and hath given order,( 27. Eliz. cap. 12.) That as well the Vnder-Sheriffe, and his clerk( or deputy) as each bailiff of Franchise, shall take an Oath, for the avoiding of this and other corruptions.  
It would prove tedious, to prosecute the variety of all those pains and forfeitures, that Law( in force) hath devised against the untrue returns of the Sheriffes; neither is it so fit for the purpose, that I have now in hand; seeing, that in the most of them, the ordinary remedy( given by those Statutes) is sufficient for revenge: And therefore, having already opened that part which best serveth for giving jurisdiction to this Court, I will go forward to the handling of the rest.   

Taking of Money by jurors.  
IT is justly to be suspected, that if the jury take Money, to give their Verdict; they, with Iudas, betray the truth: And if it be most true, that Gifts and Bribes will pervert the Iudgement, even of the wisest; then how can it be otherwise, but that the common man shall be drawn aside, and corrupted thereby: The which fault is so much the greater, than either is conspiracy or Maintenance in the parties,( that be but private men) or false and undue dealings in the sheriff, and his clerk,( being public Officers) as how soever they should conclude amongst themselves, and close together: Yet an upright and faithful jury, that( without respect of reward) would attend the truth of their Evidence, might overthrow the frame of whatsoever mischief they should imagine, or intend between them: And therefore, when the Iurours also, that be( as I said) more than half Iudges of the controversy; shall pledge the one of the parties in that Cup of poison, which he hath brewed, to destroy the life of his adversaries right; what can be looked for, but that the better Side shall have the worse, and take the fall?  
And this being seen to the Law, it was ordained, 34. Ed. 3. c. 8. That if a juror( in any inquest to be taken for the King, or between parties) do take any thing, by himself, or by any other of the parties, plaintiff or Defendant, to say the Verdict; then shal he pay Decies tantum, ten times so much as he hath taken; whereof the one half be to the King,( whose Iustice and Iudgement he hath perverted) and the other half to the party( or any other) that will sue for the same: And if he have not to satisfy the Law, then to have the imprisonment of a whole year.  
In which Statute, one thing is specially to be observed; That, to take any thing whatsoever( for saving of the Verdict) is an offence against it: although the Statute,( 3. H. 7.) that submitteth this fault to the punishment of the Star-chamber, hath no mention, but of the taking of Money onely: Which words, if they be not construed by an equity, the whole Law may( for this point) be deluded by it.   

Riots, Routs, and Rebellious Assemblies.  
AFter this, and the rest of the offences, that are carried in the Lap of Fraud, Covin, and Deceit; great Riots, and unlawful Assemblies, that will make their way by fine force, came next to my hand: The which two, though they be distinct faults, both in the property of their own nature, and in the order of these Statutes; yet, because( for the most part) the one is but the effect, and sequel of the other, I will wind them up both in one bottom together.  
Not with cause, but for distinction sake, doth this Statute( 3. Henr. 7.) call some Riots, great: For sundry former laws do note two manner of Riots; the one less, as well in respect of the small number of the persons that commit it, as in regard of the small terror, disturbance or hurt that ensueth of it; the other great, or heinous, because it favoureth of a more general disobedience, even to the shaking of the Estate; and is, or may be( in regard of the number or quarrel) a very Seed of mutiny, and Rebellion.  
And therefore the Statutes( 5. Richard 2. cap. 6.& 7. Richard 2. cap. 2.& 6.) do term the Riots of this latter sort by the names of Rumours, great Ridings, Routs, and Riots, against the Peace. The Statute( 2. Henr. 5. cap. 9.) calleth them Assemblies of people in great number, in manner of insurrection; and ●he laws( 5. Rich. 2. cap. 6.& 1. Mar. Parl. 1. cap. 12.) do name them Rebellious Insurrections, and Rebellious Assemblies.  
But the offences of all these sorts, are now at this day distinguished by three received names; that ●s, unlawful assembly, Rout, and Riot.  
An unlawful assembly, is commonly taken to be, where a company of three persons( or more) bee gathered together; to the end, ●o commit( forcible) an unlawful Act.  
A Rout, is likewise construed to and, where such a company of three or more) being gathered to such ●n end, do move forward( by going ●or riding) for the putting of their ●●tention in practise; and yet do ●ot come to the very actual handing and execution of their purpose.  
A Riot is the very effect, and final act of such a Company of three( or more) assembling, proceeding, and putting in execution( forcibly) that unlawful work which they intentded.  
As for example, If three persons( or more) under the number of twelve, do assemble themselves unlawfully, to beat any person; or to enter forcibly into the house or land of any other, or to pull down the enclosures, or any park, Warren, or, ground enclosed; or to destroy any Fish-pond, pool, or Dove-house, or to do such other act, and( being so assembled) do go forward about the same, and do effect their desire; then is this an unlawful Assembly, for their first meeting; a Rout, for their moving forward; and a Riot, in the end, by their execution.  
The word Rout, came from the Saxons( our elders) who to this day call Rot, a band( or company of men) riding together.  
Riot, we borrowed of the French, Rioter, which is, to brawl, or scold, because most commonly outrageous deeds do follow contentious and scolding words.  
The evils that will ensue, if fellow subjects may be suffered to run( when they list) on heaps, and to put and push each at other( as the wild and savage Beasts of the field and forest are wont to do) be so great and apparent, that they bewray themselves, and need no words to blaze them: The pains thereof that Law hath inflicted upon such Assemblies, Routs, and Riots, bee these: They shall be taken by the Iustices of the Peace, and sheriff, and bee thrown into the next goal, till they have made Pine, and ransom to the King, 15. Rich. 2. cap. 2.  
Rioters, attainted of great and heinous Riots, shall be imprisoned one whole year( at the least) without bail, or mainprize, and then make grievous Fines: And such as shall bee attainted of Petite Riots, shall have imprisonment, and make Fine, as shall seem good to the Kings Iustices, 2. Henr. 5. cap. 8.  
But if the number of such an assembly be twelve, or above, that shall attempt any of the things prohibited by the Statute,( made against unlawful and rebellious Assemblies, in the first year of queen Maries reign) and do continue together by the space of one hour, after proclamation orderly made for them to depart; then is their offence felony, and may receive punishment in another degree, and in another Court, by the ordinary course of lawful trial.  
Thus have I detected these several Offences, that are specially signified by these two Statutes: Wherein I have not so largely extended my Discourse, as the Argument itself will bear;( especially for that part which describeth the pains) partly, because I undertook to make onely a summary show of the whole Matter; and partly, for that those Honourable Iudges are not tied( as I said) to the prescript pains of those Statutes: but may( as the Case shall offer to their grave Considerations) either alter, increase, or otherwise qualify any of the same.   

Counterfeits of privy Tokens.  
TO these( for an end) I must adjoin such other Statutes also( now in force) as have been enacted since that time; and in which, there is special direction of power given to the Lords and other of her Majesties council in the Star-chamber, as namely first that Act( made 33. Henr. 8. cap. 1.) against the Counterfeitors of privy Tokens, and Letters, in the names of other persons, for the obtaining of money, or other goods. Then that other Act( which passed 4.& 5. Phil.& Mar. cap. 8.) against the conveying away of Maidens under the age of sixteen yeeres, from the possession of their Parents, or Governours; and against the contracting of matrimony with any such Maidens, their Parents not knowing thereof, or not consenting thereunto. And lastly, that Act( ordained in the 5. year of our sovereign Lady that now is, cap. 14.) against the forging of deeds, 
5. Eliz. c. 14.  Instruments, and Writings, in their sundry Natures and Degrees. Of which laws, I shall not need to spend any further speech, but onely thus to point them out; considering that they do most amply and plainly comprehend within themselves, as well the several natures of the faults, and the evils that ensue thereof, as also the punishments that are to be inflicted for every of the same.  
And therefore, this is all that( for this time and service) I purposed to say of this most noble and praise-worthy Court; the beams of whose bright Iustice,( equal in beauty with Hesperus and Lucifer, as Aristotle said in a like case) do blaze and spread themselves as far as this realm is long, or wide: and by the influence of whose super-eminent authority, all other Courts of Law, and Iustice, that wee have, are both the more surely supported, and the more evenly kept, and managed.   

The Court of Requests.  
IN that the Court of Requests handleth Causes, that desireth Moderation of the rigour which the Common Law denounceth, it doth plainly participate with the nature of the chancery; but in that the Bills here be exhibited to the majesty of the King onely, and to none other; and in that the Masters of Requests were sworn of the Kings council, and the Place hath continually been served with a clerk, that was ever therewithal one of the clerks of the Kings privy seal, which is yet still the original Writ of this Court: It seemeth to communicate with the Star-chamber itself, and to derive her authority immediately from the royal Person, and his council, as that doth.  
For the very same Authorities, and Reasons, by the which wee have already proved before, that the King may be appealed unto, for matter of Crime, where just cause doth enforce it; do no less forcibly convince, that he is also to be fled unto for equity, in rare cases in civill svit, where the ordinary rule of his Law is too hard and heavy for his subjects.  
And no less incident is it to the Kingly Office, to relieve the Suitors oppressed under the burden of grievous Law, than to device correction for the insolent Malefactors, against whom no former Law or Statute hath been provided.  
It is out of all doubt therefore, that as our Kings have used personally to receive complaints of criminal condition, and have adjudged thereof, by themselves, or by their council of Estate; so haue they also, from time to time, taken knowledge of Civil suits( especially offered by the poorer sort of Subjects, or by their own household men;)& have for the most part recommended the same to the care of some of their said council, assisted with the advice of men learned both in the Civil● and Common laws: so as some one temporal Lord, or Bishop, two Doctors, and two Common Lawyers have been many times known to have satin here for the Requests together.  
And hereof it was( as I suppose) that the Cause of the two Sisters,( whereof I have  told you in the Star-chamber before) was said to have been heard before the President of the Requests, that is, before the Lord, or Bishop, which was the principal person of this Commission or Company.  
Now, albeit there can no other beginning hereof bee conceived, then together with the very regality, and kingdom itself; yet forasmuch as they of this Court have not always had their standing place of resort, but have until the age next before this, remained, and removed with the King wheresoever he went, travailing between the Prince, and petitioners, by direction from the mouth of the King: I have in this, as in the Star-chamber also, taken the first apparent settling and manifest continuance thereof, for the very spring and original itself.  
And I have lately seen, that from the eighth year of King Henry the seventh, ever since which time this Court hath restend in the place called the White-hall; the books of the acts( or Entries) there have been orderly digested and kept, in which you may read the handling of the causes, not onely of poor men, and the Kings servants, but also of sundry noble Persons, Abbots, Knights, Esquires, and other rich& wealthy complainants. Howbeit I do well remember, that within these 40. yeares, the bills of complaints presented there, did ordinarily carry the one, or the other of these two suggestions, namely, that the plaintiff was a very poor man, not able to sue at the Common Law, or the Kings servants, ordinarily attendant upon his person, or in his household. But because enlargement of jurisdiction is not proper to Court alone, but common to it with all the rest, I will not now stand to object it, but hasten to an end.  
The Masters of the Requests are neither called by Writ, nor appointed by Commission, nor created by Patent as other Iudges be; which argue the immediate authority of the Prince to bee exrecised by them; but onely have Letters Patent for their Fees and salary, and were wont to take the same Oath, which the Councellors of estate do yet conceive.  
The Clarkeship of this Court hath, as I said, beyond all memory been committed to a clerk of the privy seal.  
For Master Richard Ossley, now clerk, hath served in that place six and forty yeares, succeeding therein to his uncle Richard Turner, who had spent threescore and six yeares partly as servant, and partly as Officer there. The same Turner had followed Robert samson, the successor of Lacy, both well known unto him, all which were in their times jointly both clerks of the Privy seal, and of this Court also.  
The attorneys were in my first knowledge of them, but two onely; and now are three, whose places are at the disposition of the clerk.  
The usual process is by Privy seal, alias privy seal, Attachment, and Writ of Rebellion, if the contumacy of the Defendant do so deserve: In the rest of the proceedings, the course is not much different from the order of the Chancery.   

The President and Councells.  
KIng Hen. 8. established one Court of President and council in the Marches of Wales, and another like Court of President and council in the North parts, both which be Courts of equity in the principal jurisdiction, although they do withall, exercise other powers by virtue of other several Commissions, and do accompany the same.   

The duchy Court of Lancaster.  
THe Court of the duchy or county Palatine of Lancaster, grew out of the grant of the same King Ed. 3 who first gave that duchy to his son John of Gaunt, and endowed it with such royal rights as the county Palatine of Chester had. And forasmuch as it was afterwards extincted in the person of K. H. 4. by reason of the union of it with the crown of the realm, the same K. knowing himself to be more rightfully Duke of Lancaster, than King of England, determined to save his right in the duchy, whatsoever should befall him in the possession of the kingdom. And therefore he separated his duchy from the crown, and settled it so, in the natural person of himself, and his heires, as if he had been no K. or politic body at all: In which plight it continued during the reigns of K. H. 5. and K. Hen. 6. that were his descendants.  
But when K. Ed. 4. had by recovery of the crown, continued the right of the House of york, he feared not to appropriate that duchy to the crown again. And in this manner it came together with the crown to K. H. 7. who liking well of the policy of K.E. 4. by whose right also he obtained the Kingdom, made like separation of the duchy as he had done before, and so left to his posterity which do yet enjoy it.   

The Court of Wards and Liveries.  
THe Court of Wards began in our memory, about 32. year of the reign of K. H. 8. who also in the next year after added thereunto the office of the Master of the Liveries, and therewithal conjoined their names, ordaining that it should bee called the Court of Wards and Liveries.   

The Court of Augmentation.  
THe same King likewise had erected one Court of the general Surveyors of his Lands, and one other of the augmentations and revenues of his crown, and a third Court of the first fruits and tenths of benefice. But all these were afterwards dissolved, and by queen Mary united to the Court of Exchequer.   

The Wardens Court.  
HOwsoever in the storms of open war and hostility between us and the Scots, our most ancient enemies, the subjects on either side have gone to wrack, and the laws have been silent, while the Drum and Trumpet were heard to sound, yet in every calm, and upon every truce, or peace taken and concluded, both humanity, Reason, and custom have afforded mutual, and reciprocal delivery of Law, and Iustice to the one subject against the other: without the which, truce were not onely no truce at all, but the continuance of a daily,& most dangerous lying in wait, which would bring with it a greater evil and mischief, then war itself.  
And therfore to the end that the conditions of the peace agreed upon, might be inviolably observed for the time, and that, both restitution for harms, and punishments upon harm doers, might be made, and executed with all indifferency: certain Courts have of long time been maintained by the Wardens, or Keepers of the Marches, and Limitative grounds, that do border upon either of the said kingdoms, the which are open to all that will complain of any Offence, tending to the violation of that Common peace of both the Nations.  
And albeit that is very probable, that the same begun with the first truce taken between us, and the Scots,( seeing that without it, or some such mean, the Articles of the truce could not well bee maintained): yet forasmuch as the bounds between us and the Scots, were not constant nor settled, but very movable and uncertain,( even as either side did for the time win, or lose upon the other,) until that both the towns of carlisle and Barwick( being meetest to command at either end) were without change, reduced to our hands and possession.  

edmond Comes Arundel, fuit custos Marchiae Scotiae 6. E. 2. pillis exitus.  I suppose, that these Courts were planted about the time of King Edw. 2. or the 3. and so taking root from thence by little and little, to have grown to that stayed order and authority which now they do enjoy. They on our part, be at this day in number 3. whereof one hath sprung up since the time of K. H. 6. who in a Statute( made in the 31. year of his reign, for redress of Indictments taken there) reciteth onely the two courts of the East and West Marches, using no words at al of the Middle March, which is now of the like credit with them.  
The same Statute also boundeth the jurisdiction of these Courts, not to extend beyond the Shires of Westmerland, Cumberland, and Northumberland, and the town of Newcastle upon the River of tine.  
What manner of proceeding they use, I do not thoroughly know, neither is it greatly pertinent to this present labour, and therefore leaving the search thereof to such as shall bee desirous to understand the same, I will proceed as I have begun.   

The Parliament.  
but now the ecclesiastical Courts being numbered, and these mee●Lay-Courts thus handled, it resteth, that I adjoin the Parliament, which is mixed of both these natures, as having the Bishops in respect of their Baronies, and not of their Churches, joined with the Lay-Lords to make up the second estate thereof. The first estate consisting of the Prince alone, and the third of the commonalty, without any of the clergy at all.  
Besides the which, it is summoned to device laws, both ecclesiastical, Civill, criminal, and Martiall, it ministereth the matter whereupon all the rest of the Courts do work, and it hath in some cases, an ordinary jurisdiction also.  
That which wee( now agreeing with the Scots) do name a Parliament, the Frenchmen do call less Estates, or Assembly des Estates, because with them there, as with us also, the Estates of the Land do meet thereat, to consult; and the same in Germany, is termed a diet, for these other Courts that carry the name of Parliament in France, be but ordinary Courts of Iustice, which as Paulus Iovius writeth, are thought to have been planted there by us. And of which our own Councells( established in Wales, and in the North-parts) do bear the nearest show, and resemblance.   

The word Parliament.  
THe word Parliament( saith one) is compounded of Parium and Lamentum, because( as he thinketh) the peers of the country did at these meetings lament and complain each to other of the enormities of their country, and thereupon provided redress for the same.  
But their opinion is more probable, as I think, which derive Parliament simply from the French word parlour, and that also from the greek word {αβγδ}, both signifying to speak, and so by adding the termination Ment, which is common in the French tongue as well to nownes as adverbs, do make up Parliament; meaning thereby an assembly of men called together, to speak or confer their advices, or opinions. And so also it may not unfitly bee called Parliament, for that each man there doth, or should parlour la-ment, speak his mind: But Laurence Valla mis-liketh that manner of etymology, and therefore I will not stand upon it.  
I dare not take upon me to set down the very time in which the word Parliament came first in use; but forasmuch as it was transported out of France, it is not unprobable to guess, that it began here shortly after the time of the Norman Conquest.  
One of the first authentical reports of that name Parliament, that I have found, is in the Statute made the 3. of Edw. 1. and commonly called Westminster the first; where, that assembly is said to be, Le Primer Parliament general apres Coronement le Roy. But yet that is not the very first use of the word; for in the Statute called Articuli Cleri, and published the 9. of Edw. 2. these words are red amongst others; Temporibus progenitorum nostrorum quondam Regum Angliae in diversit Parliamentis suis, &c. Which words, progenitorum and quondam, must needs reach higher than to Edward the first, that was but father to him that spake it. So that I can willingly herein subscribe to the opinion of Polydore Virgil, who in the 11. book of his English history, which containeth the reign of K. Henry the first, that was son to the conqueror, writing of the great Assembly at salisbury, saith thus; At illud opposite habeo dicere, Reges ante haec tempora non consuevisse populi conventum consultandi causa( nisi perraro) facere, adeo ut ab Henrico id institutum jure manasse dici posset, &c. And a little after, More Gallico vulge Parliamentum appellant, &c. And this is so much the more credible, as that King laboured by all means, and especially by the restitution of the ancient laws,( as all Historians do agree) to heal the hearts of the Englishmen, which were before deeply wounded by the oppression of his Father, and Brother William; to the end, that he might thereby the better keep the crown of this realm against the elder Brother Robert, who had both colour of good right, and had moved his claim thereto.  
But at what time soever, after the Conquest, this Court began to be called by the name of Parliament; this is certain; that was before known to the Saxons, or Englishmen: sometimes, by the word Synoth, and Micle; Synoth, of the greek {αβγδ}, now appropriated to the ecclesiastical Meetings onely: And sometimes by these terms, Micel-Gemot, Witena-Gemot,& Ealrawitena-Gemot; that is to say, the great Meeting, the Meeting of the Wise-men, or, the Meeting of all the Wise-men: For Witen signifieth Wise-men; Ealra, all; and Gemot, a Meeting: of which last word, the names of Shire-moote, and Folke-moote, and Haly-moote; that is to say, the Assembly, or Meeting of the men of the Shire, of the men of a town, and of the Tenants of a Hall, or Mannour, had their beginnings also. And as Synoth is more used in the Acts of Parliaments themselves, so Gemot is more familiar to the Historians.  
Thus much as well of the present, as of the ancient usual Name: Now let us look into the thing itself.   

The conformity and reason of the three Estates in Parliament.  
LIke as in war, where the King is present in Person; and with him, the nobility, gentry, and Teomanrie; there is the force and pvissance of the realm: Even so in Peace, wheresoever the Prince is, as the Head, to give life,( that is to say) to yield the highest and last assent; And where the barony, consisting of the Lords spiritual, and temporal; and the commonalty, made up of the Knights, and Burgesses, be as the body, present at his Call, to the end, to deliberate, confer, and conclude; there is also the council, and policy of the realm: So that, for as much as every man, from the highest to the lowest, is there either in person, or by procuration; therefore of right reason, every man is said to be bound by that which doth pass from such an Assembly. And this frame of policy is both natural, and harmonical: natural, in that it hath an imitation of the natural body of man, truly called a little World; out of the three Cells whereof, namely, the Head, Breast, and Belly, the whole three powers of the soul do open, and utter themselves: and harmonical, because from such, and so well-tuned a Base, mean, and triple, there proceedeth a most exquisite consent, and delicious melody.   

The beginning of the Parliament.  
THe beginning of which manner of Consultation, and namely with us of this realm, I see not how I can derive it from any other time, than from that, in which the German or English did set their first foot on this Land, to invade it. For Cornelius Tacitus writing of the manners of the ancient Germans, saith thus: Nec Regibus infinita potestas, de minoribus rebus Principes consultant, de majoribus omnes.   

The Continuance of the Parliament, till the Conquest.  
NEither did they, together with the change of the soil, make change of this wonted manner of deliberation: For it is yet extant, in Monuments left behind them, that after their coming hither, they frequented the same order in counseling, which they had used in their own country before.  
For proof whereof, I might call Beda, the Saxon Historiographer, to witness: who reporting how the Christian Faith took root by little and little among them, in their particular kingdoms within this Land, writeth, That King Edwin of Northumberland, would not embrace the Preaching of the Gospel, before that he had communed and consulted with his Friends, his nobility, and his Wise-men; and that Sigebert, the King of the East Saxons, being likewise moved to be baptized, did first call a council of his Subjects; and finding them all to favour the motion, did then himself also assent unto it.  
But because the Synods or Parliaments themselves be most faithful witnesses of their own doings; and for that also the kingdom of the West Saxons prevailing over the rest, and melting( as it were) all their Crownes, to make one for herself, did in the end become Mistris or Monarch of the whole heptarchy, or seven kingdoms, into which this Land was before divided: I will, for a while, leave Historians, and come to the Synods; first showing, by one or two examples, what persons were wont to be present at the Parliaments of that kingdom; and then confirming the like to have been used, after such time as the whole Land was reduced to one entire Estate and monarchy.  
Ina, the King of the West Saxons, who began his reign about the year after the Incarnation of our Lord Christ, 712. began his Parliament thus: Ego Inas beneficio Dei Occiduorum Saxonum Rex, &c. I Ina, by Gods gift, King of the West Saxons, with the advice& teaching of Cenred my Father, 
Mid callum mintem Ealdormannum& tham yldestam minre theod.  head my Bishop, Ercenwald my Bishop, and with all my Aldermen, and the eldest Wise men of my people and also a great Assembly of Gods servants, was careful concerning the health of our souls, and establishment of our kingdom, &c.  
Now let us see if the three Estates of Parliament( that is to say) the nobility, and Commons, 
The necessity of the 3. Estates in the making of laws. One Example.  may be found here. First, the K. Name is expressly added; the nobility, is signified under these Bishops and Aldermen: for before the divisions of the Realms into Shires, every large territory had an Alderman, or governor; who was, after the allotment into Shires, for the most part, an earl: in token whereof, almost all our earls, to this day, do bear the name of one Shire, or other. The commonalty, is partly included in the words; The eldest Wise men of my people, which betokeneth the laity; and partly in the words, A great assembly of Gods Servants, which do notify the clergy, called so then, as it may appear by the very first Chapter of the same laws, for that they were consecrated to Gods service.  
And lest that any man should think that these Estates were called together more for their advice and counsel to be given to the King, than for any authority or interest they had in making the Law: First, the Preamble calleth those laws, Our dooms or judgements; and the Purvieu saith, Wee bid or command in the plural number, which also may not be restrained to the King alone, for honours sake, as we now use to speak; for he is there name, I Ina in the singular nu●ber onely.  
Thus much I note, once for all, that I be not hereafter troubled to repeat the same things again.  
About one hundred yeeres after the death of this Ina, one Alfred, a King, not of the West-Saxons onely( as he calleth himself) but rather both of the Englishmen and Saxons( as Asserius saith, that wrote his life) did( as he telleth) in his Preface to his laws, gather together and put in writing certain ordinances made by Wise men in sundry Synods of sundry former Kings, as namely Ina before-said, Offa the King of Middle England, and Ethelbert of Kent, 
Ego Aluredus occidentalium Saxonum Rex, prudentissimorum è nostris consilio usus sum, atque in iis omnibus placuit edici eorum observationem.  the first christened Prince of all the Saxon Nation; which Collection of laws he also saith, that he shewed to all his own Wise men, and they likewise thought them meet to bee observed.  
But what maketh it to the three Estates, will some men say, that these Kings and their Wise men, which may well seem to bee but their privy Counsellors, did establish laws? Yes, very much; for here the word Witena, Wise-men, doth include the nobility and Commons, because they be Counsellors of the realm,( for the time) in respect whereof the assembling of them, was of some called Wytena Gemote, a meeting of the Wise-men,( as I  told you) and of other some it is termed Commune Concilium Regni, the Common council of the realm.  
And that this must be so understood in this place, I will use none other Argument than the testimony of Alfred himself drawn out of the same place: for he saith( as you have heard) That the laws of K. Ina were made by a Synod of wise men, and what those Wise-men were, you have also understood, by the report of K. Ina himself, in the style of own laws( that is to say) by the Nobility& commonalty besides the King.  
Furthermore, that I lose not another advantage offered me by this authority, I must also gather thereby, that not onely the kingdoms of Northumberland, Eastsex, and Westsex, used the three estates in making their laws, but also that they of Kent, and Middle England, maintained the very same order: 
Another Example.  For King Alfreds words( as you see) be one and the same for them all, and then consequently their manner was one and the same through all.  
But now, that I may at the length leave these Heptarchies, or petty Kings and pass to the Monarchs and Great ones, the same Alfred( after that the whole Nations had yielded unto him, and were shrouded under his protection against the furious storms of the Danish Invasion) did at one time conclude a peace with Guthrum, the K. of the Danes, the Style whereof beginneth thus, This is the Peace which K. Alfred and Guthrum, and all the Wise men of the English Nation have taken, &c. lo here you see Ealra wytena Gemote, An assembly of all the Wise men.  
After him Edward called his Wise men to Excester, and consulted with them for the better observation of the peace of his own realm. And he also at another time, by the advice of the Wise men, renewed and confirmed the League that Alfred had taken before with the Danish Captain.  
King Athelstan concludeth his famous Parliament holden at Gratlie, thus; 
Cum eo optimates& sapientes ab Athelstane evocati, &c.  All this was ordained in that great synod at Gratlie, at which was the Arch-Bishop, Wolshelme, with all the Noble men and Wise men that K. Ethelstane gathered together.  
And the same King did also afterwards call another Assembly of his Wise men to Excester, to consult for the better execution of these former Ordinances.  
Edmond the King summoned a great synod at London, both of the order of the Spiritualtie, and of the temporalty, the which in the second part of the Law there made, he calleth by one general name his Witena, Wise-men, and thanketh them for their help in that advice.  
After him King Edgar published certain laws, which were made( as he saith) by the counsel of his Wise-men.  
The like Title and conclusion have those Statutes also which King Etheldred ordained at woodstocke, and the League which he took at Anlaf, and others( the Captaines of the Danish army) is entitled to be made by him and all his wise-men. 
Ealles angelcynnes wittan, Foedus Alrudi.  And certain other Articles there be, though hitherto not imprinted, of a Parliament that was assembled in the year after Christ, 1008. which fell under the reign of the same King, which are there reported to have passed under the authority of the King, and his Wise-men, both spiritual and Lay, in which said last ordinances, this one thing for this purpose, is worthy the observation. That whereas in the beginning of the laws, all the Acts are said to pass from the King, and his Wise-men both of the clergy and laity; in all the body and process of the Law each Statute saith thus, And it is the advice of our Lord, and his Wise men. So as it seemeth plainly that it was then a received form of speech, to signify both the Spiritualty and laity( that is to say) the nobility and Commons by the onely word Witena, or Wise-men.  
Finally, those laws of the great King, and Monarch, Canute, or Knowt, which he made at Winchester, and be yet remaining, do bear face, and testimony, that they were made by him, and his Wise-men. 
Mid his witena getheahi gered.   
And there is an ancient written Treatise( entitled, Modus tenendi Parliamentum tempore Regis Edwardi filii Ethelredi) to be seen in many hands, purporting the very order, form, and manner of all this stately Court, and solemn assembly.  
Now as these written authorities, do undoubtedly confirm our assertion of this continuance of this manner of Parliament: So is there also unwritten Law, or Prescription, that doth no less infallibly uphold the same.  
For it is well known, that in every quarter of the realm, a great many of Burroughs do yet sand Burgesses to the Parliament, which is nevertheless so ancient, and so long since decayed, and gone to nought, that it cannot be shewed that they have been of any reputation, at any time since the Conquest, and much less that they have obtained the privilege, by the Grant of any King succeeding the same: So that the interest which they have in Parliament, groweth by an ancient usage before the Conquest, whereof they cannot show any beginning; which thing is also confirmed by a contrary usage in the selfsame thing; for it is likewise known, that they of ancient drawn do prescribe, in not sending to the Parliament; for which reason also, they are neither Contributers to the Wages of the Knights there, neither are they bound by sundry Acts of Parliament, though the same be generally penned, and do make no exception of them.  
But there is no ancient drawn,( saving that onely which is described in the book of doomsday, under the Title of Terra Regis) which of necessity must be such, as either was in the hands of the conqueror himself, who made the book, or of Edward the Confessor, that was before him.  
And so again, if they of ancient demesnes, have ever since the Conquest, prescribed not to sand Burgesses to the Parliament; then( no doubt) there was a Parliament before the Conquest, to the which they of other places did sand their Burgesses: Which seeing it is so, let us come yet nearer, and examine, whether the same Order hath also been continued ever since that time, or no.   

The continuance of the Parliament after the Conquest.  
TO look for a Parliament assembled of the English nobility, and Commons, soon after the Conquest, were but to labour, without expectation of good speed; for, Silent Leges inter arma: And during all the reign of the conqueror, either the Sword was not put up into the Scabbard; or, if it were, the Hand was always upon the Hilt, ready to draw it: So unwilling, on the one part, were the Englishmen to bear the yoke, that rather their Obedience was to bee compelled, than their Opinions to bee consulted: and so haughty, on the other part, were the Norman Victorers, that to bee called an Englishman, was, in their eye, a great contumely, and reproach.  
His son William also, did rather pretend in words some release of the former austerity in Government, than perform it in dead, and experience: But his other son( the first Henry that ever reigned here) did not onely at his Coronation promise restitution of St. Edwards laws, as wee call them; but also delivered out his free Charter of the Grant of the same: in which, as Matthew Paris reporteth, he acknowledgeth, that he was crwoned by the Common council of the Barons of the realm of England.  
And here it may happily seem strange to affirm, that this was a full Parliament, in which there is no other mention, but of the Barons onely. But if it bee considered; first, That the Germans expound, and render the word Baro, by Freihers, a Free-man; then, that Matthew Paris saith, That the Citizens of London were at that time called Barons; and also, that even yet both the Burgesses of the five Ports do pass under the same Name, and that every man( almost) hath his Court Baron: It shall not altogether bee without ground, to say, that both the nobility and commonalty of the realm were meant under these words, The Barons of the realm; the rather, because that speech is accompanied with the words, Common council; by the which, all our ancient Writs, that bee grounded upon old Statutes, do signify the Parliament: And for that also, the selfsame author doth afterwards use the words, Communis assensus Baronagii, when he intendeth to signify a just Parliament.  
Howbeit, since I labour not with any penury of proof, I will relinquish the advantage of this matter; desiring onely that may bee called to memory, which Polidore Virgil hath before acknowledged, concerning the restitution of the form of Parliament, made by the same King, of whom also the Saxon Chronicles of Peterborough Abbey do testify, That in the year after Christ, 1123. he sent his Writs over all England, and bad his Bishops, Abbots, and all his Theins( which signifieth as much as Baron before) that they should come to his Wytena Gemote on Candlemas day at gloucester.  
But to leave him, and to leap over Stephen( because he strived longer for the crown, than he enjoyed it) King Henry 2. saith matthew Paris, in the year of our Lord Christ, 1185. Convocavit Clerum Regni, 
Clarkenwell. & populum cum omni Nobilitate apud fontem Clericorum.  
And yet again, to pass over his son Richard, that spent the most part of his reign in battle abroad; and to come to his son John, that passed a great part of his time in Civill Warres at home; you may find in the Tower, Inter Volumina Recordorum Cancellariae de Patentibus Anno 6. Regis johannis in dorso, this Writ; Rex, &c. Vic. Rotland, &c. Sciatis quod provisum est cum assensu Archiepiscoporum, Comitum, Baronum,& omnium fidelium nostrorum Angliae, quod novem milites per totam Angliam inveniant decimum militem been paratum equis& armis, ad defensionem Regni nostri,& quod illi novem milites invenient decimo militi quolibet die duos solidos ad liberationem suam, &c.  
I red moreover in the same matthew Paris, That King Henry the 3. did, Anno Dom. 1225. call together Omnes Clericos,& Laicos totius Regni, which assembly the same Writer in some places expresseth by the words Vniversitas Regni.  
But what need I to hang long upon the credit of Historians, seeing that from this time downward the authentic Records of the Parliaments themselves do offer me present help.  
The great Charter of England, 
Magna Charta Parliament, Charter in Parliament.  which passed from this King about this time, and for which the English men had no less striven, than the Trojans for their Helena; beareth no show of an Act of Parliament: and yet I will prove, by the depositions of two sundry Parliaments, that it was made by the common consent of all the realm, in the time of K. Henry 3. for so saith the Statute, called, Confirmatio Chartae, 
Stat. 15. Ed. 3. cap. 1. confirm less 2. Char.& auters Stat. fi. per le Roy, Peers,& come.  Anno 25. Edward 1. in flat terms; and the Statute made at Westminster, Anno 15. Edward. 3. cap. 1. saith, That it was made by the King, peers, and Commons of this Land.  
In the 20. year of the same King Henry, the Statute of Merton was published, which saith thus; Provisum fuit,& concessum tam à praedictis Archiepiscopis, Episcopis, Comitibus, Baronibus, quàm ab ipso rege,& aliis.  
In the 25. year of his reign also was the Statute of Marlebridge, made Providente( as itself speaketh) ipso domino rege ac convocatis discretioribus ejusdem Regni. Regni tam maejoribus quam minoribus provisum est Statutum, &c.  
The Statute of Westm. the 1. which was made in the 3. year of K. Ed. 1. hath this title: The establishments of K. Ed. made by his council, and by the assent of his Arch-Bishops, Bishops, Abbots, Priors, earls, Barons, and all the commonalty of the Land thither summoned,  
The Statute made at gloucester in the sixth year of the same Kings reign, is there said to be made thus; Purvenant le Roy& appelles le plus discretes de son Royalme auxibien des grand res come des meinders stabilie est,& concordantment ordonne.  
To draw to an end, King Edw. 2. held a Parliament in the 14. year of his reign, wherein are these words, Le Roy per assent des prelates, Contes, Barones,& touts le commonalty de son Royalme, en le Parliament, &c. And the like speech hath he in another Statute that he made, Ne quis occasionetur pro morte Petri de Gavestone.  
I do not think that I shall need to seek for further proofs amongst the Records of Parliaments after this time; for they do from henceforth not onely show themselves in such store and plenty, but do also set forth the several estates themselves, the duty of their presence, the pains of their default or departure, and sundry other circumstances so particularly and plainly, as I might well be charged if I would stand upon them in a matter not doubtful, to have used speech nothing needful.  
And yet lest any man should suspect, that any of the two lower estates of this assembly, derived his voice in Parliament from the authority of these latter laws, I must leave him to understand, that in one short Statute of Parliament, holden in the first year of K. Richard 2. Statute 2. c. 4. he may red it four several times plainly spoken, and this was done anciently, and of old time. So that here again also, prescription is ready to serve the turn; and to say the truth, this one Law may stand for an interpreter of all the rest: for whether they be said to be made by the King and his Barons; or by the King, and his clergy and laity; or by the King, and his Discreter, men both great and small; or by the common consent or council of the realm, as I have already shewed; or by the King, and his Wise men; or by the King, and his council; or his Common council; or by the King; his earls, Barons, and other Wise men; or after such other like phrases, whereof you meet with many, in the Volumes of Parliaments: It cometh all to this one point; namely, That the King, his nobility, and Commons, did ordain and enact the same. And which is more, if you shall find any Acts of Parliament, seeming to pass under the Name and authority of the King onely, as there be some that have that show indeed; yet you must not by and by judge, that it was established without the assent of the other Estates.  
To take one example for the rest: The Statute of Gloucester, made the 6. of Edw. 1. speaketh thus: Our sovereign Lord the King, for the amendment of the Land, hath provided these Statutes, underwritten. But yet the Statute made at Westminster, the 13. year of that King, cap. 18. and the Statute of Quo warranto, set forth in the 30. year of the same King, also reciting that Statute of gloucester, do plainly aclowledge the one; and it was provided by the more discreet men of the realm, as well of the high, as of the low degree, being called together; and the other, that it was made by the King, calling together the earls, Prelates, Barons, and his council. And therefore it is well noted by judge brook; And though Magna Charta, and sundry other old Statutes, do run in the Name of the Prince onely, yet the other two Estates are supplied, in all good understanding.  
again, whether the form of an Act be thus; The King, with the assent of the Lords& Commons, establisheth; or thus, It is enacted by the request of the Lords& Commons, whereto the K. assenteth; or thus, By the assent of the King, & of the Lords spiritual& temporal, & of the Commons, it is enacted; or thus, It is enacted by the authority of this present Parliament: It is also one in effect,& substance; for the words assenteth and enacteth, be equivalent in this case, as it is holden, 7. H. 7. 14.& 11. H. 7. 25. Whereas otherwise, the necessity of the assent of all the three Estates in Parliament is such, as without any one of them, the rest do but lose their labour. For that fell out upon a time, that the K. in Parliament willed, that a certain man should be attainted, and should lose his lands; whereunto the Lords assented: But because there was nothing spoken of the Commons agreement, it was adjudged by all the Iustices, 4. H. 7. 18. That this was no Act that might bind; and therefore the party was restored.  
Hitherto of the continuance and consent of this our chief and highest Court; whereunto, after I shall have added a word or twain of the jurisdiction thereof, I will make an end.  
If all the judgements, as Cicero said, be conversant, either in the punishment of offences, or in the decision of Controversies; then is the judgement of our Parliament of as ample authority, as the Sentence of any, or all other Courts whatsoever: for it delivereth laws, that do bind all persons, in all causes, as well ecclesiastical, as temporal, whereof you may see a great many of examples in the volume of the old Saxons Parliaments; how strange a thing soever our Popish clergy of latter times have thought that to be.  
It hath also jurisdiction in such cases which have need of help, and for which there is no help by any Law, already in force; And whereas the erroneous judgements of any other Courts must be reversed by a higher authority; this Court doth not onely reverse the errors of the Kings Bench, which is superior to all the other; but it may also amend the errors committed in the Parliament itself, if any such shall at any time appear.  
Thus have I run along our Courts of all kindes, and have said( as I was able) severally of these Lay, and mixed Courts of Records, deriving them from the crown, their original, and drawing them by one and one( as it were so many Roses) from the Garland of the Prince; leaving nevertheless the Garland itself undespoyled of that her sovereign virtue, in the administration of Iustice: or as Bracton saith well; Rex habet ordinariam jurisdictionem,& omnia jura in manu sua, quae nec ita Delegari possunt, quin ordinaria remaneant cum ipso rege. And therefore whatsoever power is by him committed over unto other men, the same nevertheless remaineth still in himself, in so much as he may take knowledge of all Causes, unless they bee felony, Treason, or such other; wherein, because he is a party, he cannot personally sit in judgement, but must perform it by his Delegates.  
And this supreme jurisdiction reserved( as I  told you out of briton) to the King himself, is either altogether silent, or else it speaketh at the Board of his privy council; the which is so incorporate to him, as that it is said to speak with his own mouth, and that but rarely, for such reason, as you have seen before.  
Now therefore, as God is highly to be thanked, that these Flowers of Iustice are thus delivered forth, and Dispersed abroad: So is he also hearty to bee prayed unto, that those which occupy the place of Iustice by them, may so behave themselves as it may appear, that they do not exercise the judgements of man, but of God himself, the chief Iustice of the world; for so shall the good be succoured, and the evil suppressed, so shall the Iudges themselves be well acquitted, so shall her majesty be duly served, and God himself honoured aright.  
IT had been fit, I know, to have added hereunto, as an Appendix, the beginning of the Houses of Law commonly termed, for that they did flow out of the Courts, the Houses, or inns of Court, and also to have annexed a Catalogue, or Table of the names of all the chancellors, Iustices, and Iudges themselves: But because there is not, so far as I can yet learn, any certain Monument of the one, and for that it requireth a great search of Records, whereunto I have no access, to perform the other: I must leave them both to such as can, and will better travail in that behalf.  
FINIS.