DOCTORS COMMONS. The Courts. 153


on it, and founded it anew, though not for the same, yet for another good Purpose, as shall be shewn in its Place, rearing there a far nobler Structure.



TO the Divines of the City I subjoin the Civilians; who, as the former addict themselves to the Study of the Law of God, so the latter study the Laws of Nature and Nations; and therefore have deservedly a large comely Structure appointed them in Baynard-Castle-Ward, in the Parish of St. Bennet Pauls Wharf, almost over against the College of Heralds, but somewhat higher; where they live together, study the Civil Law, practise, and decide Causes within their own Walls, in the Common Hall: for the doing Right to such as have Contoversies about Ecclesiastical or Civil Matters. This College is commonly called Doctors Commons, because the Doctors of the Civil Law live here in the manner of a College, Commoning together. And all Persons that have Business relating to the Civil or Ecclesiastical Laws, or have Occasion to consult with Learned Men in that Faculty, may repair hither, where their several Chambers, Apartments, and Offices be.

The College of the Civilians, called Doctors Commons.

J. S.

And where also is a fair spacious Room for a Library, replenished with a great Number of Books of all Sorts, but especially of History, and of that Faculty, given by divers of this College: And among the rest, the whole Library of Sir John Gibson, Knight, sometime Chancellor to Archbishop Grindal, and his Two Successors of York, and Judge of the Prerogative Office; Ancestor to James Gibson, Esq; the late worthy Town- Clerk, who bestowed it. And, as the Learned Civilian, Dr. Harwood, hath told me, that Library is, and will be in a continual growing Condition; every Archbishop and Bishop, at their Confirmations, presenting 20l. or more, to the said Society, for the said Purpose, to buy Books for that Library. The last Archbishop of Canterbury gave 50l. for that Use.

A Library here.

I shall first set down the Original Foundation of this Place. Next, Specify the Causes belonging to the Cognizance of these Civilians. Then, Shew the several Courts that are kept here, or belong to it: And who the Practisers in them be. And lastly, The Terms and Times when these Courts are kept.

I. Dr. Henry Harvey, Doctor of the Civil and Canon Law, and Master of Trinity-Hall in Cambridge, Prebendary of Ely, and Dean of the Arches; a Reverend, Learned, and good Man; purchased and provided this House for the Civilians and Canonists to dwell in; being then an old Stone Building belonging to Paul's Church, but let out. They beforetime were lodged in Pater-noster Row, in a meaner and less House; afterwards, and still a Tavern, known by the Name of the Queen's Head: Which had sometime been an House for a Residentary of St. Paul's.

Dr. Harvey Founder of Doctors Commons.

Here are the Courts kept, for the Practice of Civil or Ecclesiastical Causes. Several Offices are also here kept; as the Registrary of the Archbishop of Canterbury, and the Registrary of the Bishop of London.

The Courts kept here.

II. The Causes, whereof the Civil and Ecclesiastical Law take Cognizance, are these that follow; as they are enumerated in the Present State of England: Blasphemy, Apostacy from Christianity, Heresy, Schism; Ordinations, Instituti- ons of Clerks to Benefices, Celebration of Divine Service, Matrimony, Divorces; Bastardy, Tythes, Oblations, Obventions, Mortuaries, Dilapidations, Reparation of Churches, Probate of Wills, Administrations; Simony, Incests, Fornications, Adulteries, Sollicitation of Chastity; Pensions, Procurations, Commutation of Penance, Right of Pews, and other such like, reducible to these Matters.

Causes belonging to the Civil Law.

III. The Courts belonging to the Civil and Ecclesiastical Law, are divers.

The Courts.

First, The Court of Arches. Which is the highest Court belonging to the Archbishop of Canterbury. It was a Court formerly kept in Bow-Church, in Cheapside: And the Church and Tower thereof being arched, the Court was from hence called The Arches, and so still is called. Hither are all Appeals directed in Ecclesiastical Matters within the Province of Canterbury. To this Court belongs a Judge, who is stiled The Dean of the Arches; so called, Because he hath a Jurisdiction over a Deanry in London, consisting of Thirteen Parishes, exempt from the Jurisdiction of the Bishop of London. This Court hath (besides this Judge) a Register, or Examiner, an Actuary, a Beadle or Crier, and an Apparitor; besides Advocates and Procurators, or Proctors.

The Arches.

In the latter End of Queen Elizabeth's Reign, Whitgift being Archbishop of Canterbury, and Dr. Cosins Dean of the Arches, a Paper was drawn up (as it seems) by Order; Wherein it was written, That there should be, by Usage and Custom Time out of Mind, but Twelve Doctors of Law admitted, which were called Advocates, to plead: And Ten Proctors, to be as Attorneys. But now [that is, in those Times of Queen Elizabeth] they were trebled. These, after they be once admitted by Warrant and Commission, directed from the Archbishop, and by the Dean of the Arches, may then exercise as Advocates and Proctors there, and in any other Court.

Advocates and Proctors in the Arches.

Cotton Libr. Cleopatra F 2.

Secondly, The Court of Audience. This was a Court likewise of the Archbishop's: Which he used to hold in his own House; where he received Causes, Complaints and Appeals; and had Learned Civilians living with him, that were Auditors of the said Causes, before the Archbishop gave Sentence. This Court was kept in later Times at St. Paul's. The Judge belonging to this Court was stiled, Causarum, Negotiorumq; Cantuarien. Auditor Officialis. It had also other Officers, as the other Courts.

The Audience.

There were anciently Complaints made of this Court; once in the Reign of King Henry VIII. as of the Troubles and Inconveniencies it caused both to Clergy and Laity; And that Men were forced up to London oftentimes from the remotest Parts, for a slanderous Word, or a Farthing Candle. And therefore there was a Convocation that took notice of this Court, and made Complaint of it to that King; and urged, That the Archbishop's Court of the Arches, kept at London, besides his other Courts kept within his own Diocese, was sufficient; being authorized to hear and determine all Causes and Complaints appertaining to a Metropolitan. It was also complained of, in respect of the Place where it was kept; namely, in London, within the Church and Jurisdiction of another Bishop: As tho' the Archbishop minded to call other Bishops obedientially out of their Jurisdictions. But this Stir seemed partly to be moved out of an ill Will in the Popish Clergy towards Cranmer, who now was Archbishop. They suggested also, That the Archbishop kept this Court, as he was Legate of the See of Rome: Inasmuch as no Archbishop with-

Complaints of this Court.