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DOCTORS COMMONS. The Courts. | 154 |
DOCTORS COMMONS. The Courts.
in Christendom, ever had any Authority to keep any such Court, but only Legates
of the
See of Rome. And that therefore if the King thought fit to continue the Use of
it, it
would be advisable he should give it to somebody else, by Special Commission
from
himself, and at his Pleasure. Whereupon the Archbishop was fain to enter his
Protest,
That he kept not his Audience Court, by virtue of his Title of Legatus natus;
and
pleaded, That the Parliament had confirmed the former Privileges of the
Archbishops of
Canterbury, whereof this Court was one. And so this Court continued long after:
But
since the Civil Wars under King Charles the First, it hath been disused.
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Thirdly, The next Court for Civil Causes belonging to the Archbishop, is the
Prerogative Court: Wherein Wills and Testaments are proved, and all
Administrations
taken. Which belongs to the Archbishop by his Prerogative; that is, by a
Special
Preeminence, that his See hath in certain Causes above ordinary Bishops within
his
Province: This takes place, where the Deceased hath Goods to the Value of Five
Pounds out of the Diocese; and being of the Diocese of London, to the Value of
Ten
Pounds. If any Contention grow touching any such Wills or Administrations, the
Causes are debated and decided in this Court.
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Prerogative Court.
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To it belongs a Judge; who is stiled Judex Curiæ Prerogativæ
Cantuariensis:
And a Register; who hath convenient Rooms in his Office, for the disposing and
laying
up safe all Original Wills and Testaments; and whither any may have Recourse,
that
have Occasion to search such Wills: And for a Shilling may read any one of them
over;
and for other moderate Prices, at so much a Sheet, may have the whole, or some
Part of
any of them transcribed and copied for his Use. This Register also hath his
Deputy,
besides several Clerks.
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Officers of this Court.
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This Prerogative Office is now kept in the Dean of St. Paul's his Court.
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To these add, Fourthly, The Court of Faculties and Dispensations: Whereby a
Privilege, or Special Power is granted to a Person by Favour and Indulgence, to
do that
which by Law otherwise he could not: As, To eat Flesh upon Days prohibited; To
marry, without Banns first asked in the Church Three several Sundays, or
Holy-days;
The Son to succeed his Father in his Benefice: For one to have Two, or more
Benefices, incompatible: For Non-Residence; and in other such like Cases.
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The Faculty Court.
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This Authority was given to the Archbishop by the Statute 25. Hen. VIII. Cap.
21.
And the chief Officer of this Court is called Magister ad Facultates.
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There is a Register also belonging to this Court.
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In these Dispensations the Archbishops have always used to be very tender, and
to
refuse many that come for them; unless upon very good Reasons and
Considerations.
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Besides these Courts peculiarly pertaining to the Archbishop of Canterbury,
there is,
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Fifthly, The Court of Admiralty: Which was erected in Edward the Third his Time.
This Court belongs to the Lord Admiral of England, a high Officer, that hath the
Government of the King's Navy, and the Hearing of all Causes relating to
Merchants
and Mariners. He takes Cognizance of the Death or Mayhem of any Man, committed
in
the great Ships riding in great Rivers, beneath the Bridges of the same
next the Sea. Also he hath Power to arrest Ships in great Streams, for the Use
of the
King, or his Wars. And in these Things this Court is concerned.
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The Admiralty.
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There is a Judge of this Court, who must be a Civilian; and his Title is,
Supremæ
Curiæ Admiralitatis Angliæ Locumtenens Judex. The other Officers of
this
Court, are, a Register, and a Marshal, who carrieth a Silver Oar before the
Judge;
besides an Advocate, and Proctor of the Admirals.
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Officers of this Court.
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The Judge, Clerk, and Serjeant of this Court, were wont to have the Goods and
Chattels of all attainted for Piracies, for their Travail in keeping of
Sessions. But not
far from the Beginning of Queen Elizabeth's Reign, the Lord Admiral pass'd all
his
Interest to the Goods of Traitors and Pirates to that Queen: And so they were no
longer
enjoyed as before.
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The Goods of Pirates formerly enjoyed by the Judge and Officers.
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Dr. David Lewis was Judge of the Admiralty in Queen Elizabeth's Reign, Anno
1573.
And in the Year 1580, that Office of the Admiralty decaying much, he made a
Complaint thereof unto the Lord Treasurer; shewing him by what Means it came to
so
low a Condition, in these words; which I transcribe verbatim from his said
Complaint.
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Judge of the Admiralty's Complaint.
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"First, There is no standing Fee incident to the same. The Commodities
thereof do
grown only by the great and little Seals, and by such Instruments and Decrees,
that do
pass in Causes depending there. The Judge, Clerk, and Serjeant, were wont to
have
the Goods and Chattels of all attainted for Pyracies, for their Travial in
keeping of
Sessions: Which they have not now, by reason that my Lord Admiral hath of late
passed all his Interest to the Goods of Traytors and Pyrates, to her Majesty.
"
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The Benefits thereof, how infringed.
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"
The Cases that are treated of in the Court of Admiralty do proceed only of
Things done
upon, and beyond the Seas: And yet the Judge cannot enjoy the same, by reason of
Prohibitions out of her Majesty's Bench; denied to none that will sue for them.
By
reason whereof, and that the Suitors of the Court of the Admiralty be many times
vexed
with Actions upon the Case, for suing their Merchants and Mariners, be so
terrified, as
they have forsaken the Court of Admiralty; and do now sue for Things done beyond
and upon the Sea, at the Common Law, in her Majesty's Bench, and in the
Guildhall,
London. And the same are maintained there, by surmising the Matters to be
transacted
in some Place upon the Land; where in truth the same was done beyond and upon
the
Sea. And there may no Traverse be admitted touching the Place.
"
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"
Finally, The Company of Merchants trading in Spain and Portugal, have of late
obtained Privilege of her Majesty, under the Great Seal, not only to make Laws
and
Ordinances, but also to hear and determine all Quarrels, Suits and Strifes
happening
between any of the said Company, or between any of them and any other, tho' he
or
they be not of their Company; and to punish such as will not obey them therein,
by
Imprisonment. Whereby the Judge of the Admiralty shall not hereafter have to do
with
any Matter happening between the said Merchants, either upon, or beyond the Sea.
Whereas before, the Court of Admiralty stood chiefly by such Causes as grew in
Spain
and in Portugal: And now the same being transferred to the Knowledge of
Merchants,
the Court of Admiralty is brought to utter Ruin, so that the same is not worth
the
keeping."
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