Through England on a side saddle in the time of William and MaryFiennes, Celia
History
Through England on a side saddle in the time of William and Mary
Fiennes, Celia
England -- Description and travel -- Early works to 1800
Here is noe wracks or tortures nor noe slaves made, only such as are
banish’d sometymes into our forreign plantations there to worke, we have
also prisons for debtors and some of which are privilidge places, as y^e
Kings Bench the Marshalsea and Fleete which persons Entring themselves
prisoners there Cannot further be prosecuted, but Continue there
prisoners dureing Life, and out of the term tymes hire a keeper of the
prison to go allwayes with him as a jaylor; but the Chief Master must
have good security to produce him Every term Else he will be Lyable to
pay his debts, so its only for such as are debtors, and Indeed its a sad
thing they should be so suffer’d and that there should be places of
refuge for such. There is one good act to relieve persons that are
Confined it may be out of Malice and spleen to keep them allwayes so,
but by this act any such Can sue out his habeas Corpus and soe be
brought the first day of the terme Either to a tryal or give bail and
soe be Let out.
Besides this there are in most Lordships, Courts kept which are Courts
Banns and was at first the only jurisdiction by Each gentleman held, all
misdemeanours punished, and by them Informed up to the higher courts of
Kings Bench or Chancery, and alsoe had all their own privelidges
maintained amongst their tennants and neighbours, and Consisted of a
Court Life also which ran in y^e same nature with their session Courts.
These our Laws are Esteemed the best in y^e world, we haveing two
distinct parts, one Comon Law which is singular to our nation and are
managed in these sessions, assizes, Kings Bench, and Common pleas, and
Exchequor, the other is the Civil Law which is the only sort of Law in
any other Kingdom, of which the Chancery, the Arches w^{ch} is under the
archbishop and by his appoyntm^t to the severall Judges of that Court
that are all Civillians, matters of Equitty, all probats of wills,
w^{ch} in the Arches are made and recorded. This is in a place in the
Citty the Doctors Commons where is this Court of Arches and prorogative
Court which Consists of Doctors, Chancelours, Proctors, Suragats w^{ch}
do y^e offices of Councellours attorney and Solicitours at Common Law.
There are registers also from this at London. All the Bishops courts are
kept in each Citty, managed by Chancelours which are Lay men, and the
suragats, also the Bishops deputyes, the proctors, and parolers, which
summons all to it, and there are four in a year in Each County. From
hence are given out Licenses for marriages, here are y^e Cannon Laws of
the Church explain’d and defended, all Church officers punish’d and
examin’d, here are proceeding on Information all persons that infringe
the Church Rites, and formerly all that were vitious and Corrupt in
their practices, even of y^e Clergy also, and receiv’d suspension or
some punishm^t due to the Crime, as Excommunication, but evil men and
governours corrupt and Change wholesome Laws to Evil, so of Late these
Public-domain text, read in full here on John Shaqi.
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