Imatges de pàgina
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The Writs and Decrees of this Court run in the Name of the Lord High Admiral, who has here his Advocate and Proctor, by whom all others are prefented, and admitted by the Judge. All the Places and Offices belonging to this Court, are in the Gift of the Lord High Admiral.

Here is particularly a Register, and a Marshal. The Marshal attends the Court, carrying a Silver-Oar before the Judge, on which are the King's Arms, and the Lord High Admiral's.

The Court is held in the Afternoon in the Common-Hall, at Doctors-Commons.

Court-Mar- The Court-Martial judges of any Suit concerning the Arms of Nobility or Gentry, and the Earl-Marshal of England (or his Deputy) is the proper Judge thereof. For the Earl Marshal is vefted with a Power of ordering, judging, and determining all Matters concerning Arms, Crefts, Supporters, Cognizances, Pedigrees, Devices, and Enfigns Armorial; also of making and prefcribing Rules, Ordinances, and Decrees for granting, controlling, and Regulation thereof, and the putting in Execution the Laws and Ordinances relating thereunto.

Fereft Courts.

This Court is kept in the Hall of the College of Heralds, and fometimes in the Court of Requests, where any Nobleman or Gentleman abused in Point of Honour or Arms, may find Relief.

The Foreft-Courts are establish'd for the Confervation of the King's Forefts, and preventing all Abuses therein. To which end there are three Courts, one call'd the Juftice of Eyres Seat, another the Swainmote, and the third is the Court of Attachment.

The Firft, by ancient Custom, fhould be held every third Year by the Justice in Eyre of the Foreft, in his Circuit for that Purpose.

Swainmote is as incident to a Foreft, as a Pie-Powder Court to a Fair. By the Charter of the Forefts, this Court is held twice a Year before the Verderors of the Foreft, as Judges.

In the Court of Attachment, the Verderors have only a Power to receive the Attachment of Offenders against Vert and Venison, and to inroll them, in order to be prefented and punish'd at the next Juftice Seat.

Convocation.

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CHA P. XXXIX.

Of the Spiritual Courts.

Begin with the Convocation, which is a general Affembly of the Clergy, to confult of Church Matters. The fame is either National or Provincial, that is, of the Clergy of both Provinces, or only of one, and never meets, but in Time of Parliament.

'Tis like the Parliament, divided into two Houses, the Upper and the Lower: And all Members thereof have, by Statute, the fame Privileges for themselves and menial Servants, as the Members of Parliament have.

The Upper Houfe, in the Province of Canterbury, confists of twenty-two Bifhops. The Archbishop, who is the Prefident thereof, fits in a Chair at the upper end of the Table, and the Bishops on each fide, all in their Scarlet Robes and Hoods; the Archbishop's Hood being furr'd with Ermine, and the Bishops with Mine-ver.

The Lower House confifts of the Deans and Archdeacons, one Proctor for every Chapter, and two Proctors for the inferior Clergy of the Diocess.

Henry VII's Chapel at Westminster, is the ufual Meeting-place for the Province of Canterbury; and York, the Place for the Province of York.

The first Business of the Lower Houfe is to chufe a Prolocutor, or Speaker. Who, being chofen, is prefented to the Upper Houfe by two of the Members; one of them making a Speech in Latin, and the Prolocutor elect another. To which the Archbishop anfwers in the fame Language, and approves the Perfon in the Name of all the Bishops.

The Matters debated by both Houfes, are properly Church and Religious Matters; first propofed in the Upper, and then communicated to the Lower Houfe, the major Vote prevailing in each House. But whatever is tranfacted there, can be of no Force without the Concurrence of both Houfes of Parliament, and the Royal Affent.

The Executive Power of Ecclefiaftical Laws is lodged in fe- Proper Matveral Courts, provided for that Purpose: Whofe proper Matters ters for Spiritual Courts are Ordinations, Inftitution of Clerks to Benefices, Celebration' of Divine Service, Tithes, Oblations, Obventions, Mortuaries, Dilapidations, Reparation of Churches, Matrimonial Rights, Divorces, general Bastardy, Probate of Wills, Administrations, Penfions, Procurations, Commutation of Penance, Apoftacy, Simony, Herefy, Schifm, Blafphemy, Fornications, Adulteries, Incefts, &c.

The Manner of Trials in these Courts differs from thofe at Their ManCommon Law. The first Step here is a Citation, then a Biller of Trials. and Answer. Next they proceed to Proofs, Witnesses, and Prefumption, the Matter being argued Pro and Con, and the Canon and Civil Law quoted. Whereupon the Judges decifive Sentence paffeth without any Jury, and then Execution follows.

In Criminal Caufes, the Trial is by Accufation, the Accufer taking upon him to prove the Crime. Or elle by Denunciation, when the Church-wardens prefent upon common Fame, and are hot bound to prove, the Crime being notorious, and it being prefum'd they do it without Malice.

Court of
Arches.

Court of
Audiences.

The Archbishop of Canterbury has no less than three several Courts, viz. the Court of Arches, the Court of Audience, and the. Court of Peculiars.

The Court of Arches is the most ancient Confiftory of the Province of Canterbury, for the Debate of Spiritual Causes; and is fo called from the arched Church of St. Mary le Bow, where this Court is ufually held.

All Appeals in Church Matters within the Province aforesaid, are directed to this Court, and all Procefs of it runs in the Name of the Judge: Who is call'd Official of the Court of Arches, otherwife Dean of the Arches; because a peculiar Jurifdiction of thirteen Parishes in London, call'd a Deanry, is commonly join'd to his Officialty. Which Deanry is out of the Bishop of London's Jurifdiction, and belongs to the Archbishop.

The Advocates who plead in this Court muft be Doctors of the Civil Law: Upon whofe Petition to the Archbishop, and his Fiat obtain'd, they are admitted by the Judge, but not allow'd to practise the first Year.

Both the Judge and Advocates wear Scarlet Robes, with Hoods lin'd with Taffety, if they be of Oxford; or white Minever Fur, if of Cambridge, and round black Velvet Caps.

Here are also ten Proctors to manage Causes, who wear Hoods lin'd with Lamb-Skins, if not Graduates; but if Graduates, Hoods proper to their Degree.

By the Statutes of this Court, all Arguments made by the Advocates, and Petitions by the Proctors were formerly in the Latin Tongue; but by a late Act of Parliament they are now in English.

Here are two principal Officers, viz. a Regifter, who receives all Libels, Allegations, and Exhibits of Witneffes, files all Sentences, and keeps the Records of the Court. And an A&tuary, who fets down the Judges Decrees, registers the Court-Acts, and fends them in Books to the Regiftry. Here is also a Beadle, who carries a Mace before the Judge, and calls the Persons that are cited to appear.

All Places and Offices belonging to this Court are in the Archbishop's Gift.

The next Court to that, and of equal Authority with it, is the Court of Audience, whofe Original is thus. When the Archbishop heard Causes in his own Palace, he would not finally determine them himself, but left them to be difcuffed by certain Men learn'd in the Civil and Canon Law, hence call'd his Auditors, till at last those Causes were committed to one.

To this Office the Archbishop's Chancery was join'd heretofore, medling only with Matters of Office, as granting the Custody of the Spiritualities, Inftitution to Benefices, difpenfing with Banes of Matrimony, &c. Things which are now diftinguished from the Audience. The Archbishop of York has also a Court of Audience.

The

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The Prerogative Court is that in which Wills are prov'd, and Frerogative all Administrations taken, which belong to the Archbishop by on, c. his Prerogative; that is, where the Deceas'd had Goods of any confiderable Value out of the Diocess wherein he died. That Value is ufually 5 1. but in the Diocess of London 10%.

Upon any Contest about fuch Will or Administration, the Caufe is properly debated and decided in this Court, to which there belongs a Judge: Who is attended in the Court by a Regifter, to fet down the Decrees and Acts of the Court, to keep the Records, all Original Wills and Teftaments of Parties deceas'd, that have left Bona Notabilia, &c.

There are fix Clerks under the Regifter, feverally appointed for refpective Counties; and his Office, commonly call'd the Prerogative Office, is now kept in Dean's-Court, near St. Paul's Church-Yard, where for 10 d. per Sheet may be had a Copy of any Will.

The Court formerly held in the Confiftory of St. Paul's, is now kept in the Common Hall at Doctors Commons, next Day after the Arches in the Afternoon.

The Archbishop of York has alfo fuch another Court, which is call'd his Exchequer, but far inferior to this, as to Power and Profit.

The Court of Peculiars is about certain Parishes, which have Court of Pe Jurifdi&ion within themselves for Probate of Wills, &c. and culiars. therefore exempt from the Bishop's Courts. The See of Canterbury has no less than 57 fuch Peculiars, it being an ancient Pri. vilege of that See, that where-ever any Manor or Advowfon does belong to it, the Parish is become exempt from the Ordinary, and is reputed Peculiar. So the King's Chapel is a Royal Peculiar, exempt from all fpiritual Jurifdiction, and referved to the Vifitation and immediate Government of His Majesty.

I must not omit here the Court of Delegates, fo call'd, as Court of Deconfifting of Commoners delegated or appointed by Royal Com-gate miffion, to fit upon an Appeal to the King in the Court of Chancery.

But this is no ftanding Court, the Judges being appointed by the Lord Chancellor (or Lord Keeper) under the Great Seal of England, only pro illâ vice. So that, upon every Caufe or Bufinels, there is a new Commiffion, and new Judges, acccording to the Nature of the Caufe. Sometimes Bifhops, Common LawJudges, Noblemen, Knights, and Civilians ; fometimes Bishops, and fometimes Civilians only.

In this Court the Citations and Decrees run in the King's Name, and here is a standing Regifter. From hence there lies no Appeal in common Course, but the King may grant a Commiffion of Review, under the Great Seal.

Befides the Courts aforefaid, every Bishop has a Court of his Bishops own, which is held in the Cathedral of his Diocess, and is call'd Cours.

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Confiftory Court: Over which he has a Chancellor, who being learned in the Civil and Canon Law, fits as Judge. And if his Diocefs be large, he has befides a Commiftary in fome remote Place, who judges certain Causes limited to him by the Bishop in his Commiffion.

Archdeanos Laftly, Every Archdeacon has his Court, in which small Difand Leans ferences arifing within his Jurifdiction are determin'd.

Couris.

Drain.

The Dean and Chapter of every Cathedral or Collegiate Church, have also a Court, wherein they take Cognizance of Caufes depending upon the faid Churches.

CHA P. XL.

Of PUNISHMENTS.

HE Punishments inflicted upon Offenders of all Kinds,

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are much more merciful in England, than in any other Part of the known World. Such Criminals as are obftinate at their Trial, and refuse the Plea of answering Guilty, or Not Frfing to Guilty, Preffing to Death is the proper Punishment. In fuch a Cafe the Prifoner is laid in a low dark Room in the Prefs-Yard at Newgate, all naked but his Privy Members, his Back upon the bare Ground, his Arms and Legs ftretch'd with Cords, and faiten'd to the feveral Quarters of the Room. This done, he has a great Weight of Iron and Stone laid upon him. His Diet, till he dies, is only three Morfels of Barley Bread without Drink the next Day; and if he lives beyond it, he has nothing daily, but as much foul Water as he can drink three several Times, and that without any Bread: Which grievous Death fome refolute Offenders have chofen, to preferve Eftates for their Children. But, in cafe of High Treafon, the Criminal's Eftate is forfeited to the Sovereign, as in all capital Crimes, notwithftanding his being preffed to Death.

Hanging.

Burning alive.

The moft ufual Punishment in England for capital Crimes, is Hanging: In order to which the condemn'd Prifoner is convey'd in a Cart from the Prison to the Place of Execution; being met at the Gallows by a Clergyman (ftiled the Ordinary of Newgate) to prepare him for Death. But, in cafe of Robbery and Murder, the Malefactor is afterwards hang'd in Chains in Terrorem, till his Body be wasted or devour'd by the Fowls of the Air.

Tho' counterfeiting the Coin be High Treafon by Law, yet Offenders therein are only hang'd. But they are drawn, as Traytors, on a Sledge, to the Place of Execution; and, if Women, they are burnt alive.

For Burning alive is what the Law inflicts upon Women guilty of High or Petty Treafon, and upon Witches. But instead of fuffer

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