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A66651 The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq; Wingate, Edmund, 1596-1656. 1655 (1655) Wing W3007; ESTC R220028 104,837 228

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Chancellour Treasurer a justice of either Bench a justice in Eyre of Assize or Oyer and Terminer being in their places and doing their Offices is High Treason III. Here the punishment is by drawing hanging and quartering for a man and drawing and hanging a woman CHAP. 22. Courts of Record Court Baron County Court I. Thus we have gone through both the parts of the Law there remaineth yet one generall and common Affection scattered throughout the whole law as the blood is through the body which we call Action II. Action is the handling of a cause in controversie before certain Judges who in respect of the place where they are set to do justice are commonly called a Court. III. Of all apparant faults proceeding from the Action the Court must take notice IV. Every Court hath power to award forth precepts and if the precept be not served another of the like nature shall go forth untill it be served V. To every Court do belong Clerks and Officers VI. A Clerk is he that serveth for things to be done in Court VII Any errour that appeareth to the Court to be the Clerks mistaking may be amended at any time VIII Officers are those who are to serve the Courts precepts and to certifie the Court thereof IX Courts are Courts of Record or Court Barons X. Of Record which are the Kings Courts XI These have such credit that no averment can be taken against any thing there entred or done XII Things also that cannot be granted but by deed passe here by matter of Record XIII The King taketh hereditaments by matter of Record onely XIV Villennage beginneth onely by confessing a mans self to be one in a Court of Record XV. Duties of the Testator growing by Record must be answered by Executors before other duties See Bankrupts 34. XVI Courts of Record are the Parliament or Courts that have ordinary jurisdiction XVII The Parliament is a Court of the King Nobility and Commons assembled having an absolute power in all causes XVIII Statuts of restraint binde not the King unlesse they concern the Common-whealth or he be specially named XIX He may license things forbidden by the Statutes XX. But where the Statute saith his license shall be void there it must have a clause of Non obstante viz. this clause notwithstanding any statute c. XXI Courts of Record which have ordinary Jurisdiction are either general whose jurisdiction extends throughout the Realme or but within some Countie XXII The former are those that are holden i● Term time only the whole year having four Terms viz. Michaelmas and Hilary Term Easter and Trinity term and every term severall dayes of Return XXIII Michaelmas term begining the 10 of October and ending the 28 of November hath eight Returns Octabis Michaelis Quindena Michaelis Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini XXIV Hilarie term begining the ●3 day of January and ending the 12 of February hath four Returns Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis XXV Easter term beginning 17 dayes after Easter and ending the Munday next after A●cension day hath five Returns Quindena Paschae Tres Paschae Mense Paschae Quinque Paschae Crastino Ascentionis XXVI Trinity term beginning 12 dayes after Whitsunday and continuing 19 dayes hath five Returns Octabis Trin. Quind Trin. Crastino Johannis Baptistae Octa. Johannis Baptistae Quindena Iohannis Baptistae XVII To these Courts belongeth the power of sending forth Writs XXVIII A writ is a Latine letter of the Kings in parchment sealed with his seal XXIX All writs have a salutation Rex to such an one salutem and a conclusion expressing the place as apud Westmonasterium c. and the time both day and year of making it if it be returnable the day of the return is also appointed in it XXX The third writ termed the Pluris not served is a contempt XXXI And therefore the third writ hath alwayes this clause in it vel causam nobis significes so may the second termed the Alias also have if the Plaintiffe will XXXII The Officer of these higher Courts is the Sheriffe to whom is committed the custodie of the Countie XXXIII For matters spirituall the Ordinary is their Officer XXXIV These generall Courts are the Chancery and two Benches the Kings Bench and Common place XXXV Chancery which dealeth in suits concerning the King XXXVI Here the judge is the Chancellor having the Custodie of the great Seal of England under which pass all suits out of the Chancery with Teste meipso XXXVII The Kings Grants are also entred of Record in this Court XXXVIII Such grants are effectuall to passe a free-hold from the King without any Livery XXXIX and being Matters of Record they take effect from the time of the Date XL. In default of a Chancellor the Lord Keeper o● the great Seal hath his Authority XLI The Keeper or Master of the Rolls is an assistant to his Court. XLII In the Kings Bench and common place th● Judges are one Chief Justice and three and sometime● more other Justices XLIII The Teste of their writ is Teste Johan● Popham the Chief Justice for the time being XLIV The Kings Bench is that which dealet● properly with pleas of the Crown XLV The Common place which dealeth properl● with Common Pleas. XLVI The King hath a proper Court of this kind for all things touching his Revenues called the Exch●quer XLVII The Judges whereof are called Barons being one chief Baron and three other XLVIII And this also hath a Court of Chancery before the Chancellor and Barons of the Exchequer called the Exchequer-chamber XLIX The escheator here is a speciall Officer an● hath a kinde of a Court for finding out the Kings titl● to lands tenements and other things L. Those Courts which deal but within some County are the Sheriffes Turn and the Coroners Court LI. The Sheriffes Turn is a Court of Record for offences which are common greivances LII Whereunto every man of the age of 12 year● and upwards being within the Precinct oweth suit and must be there sworn to the Kings allegeance LIII But Peers of the Realm are excepted LIV. The offender here shall be amerced and distrained for that amerciament LV. The Coroners Court is a Court for matters of the Crown as Battery Mayhem Rape Murder c. LVI Upon just exception to the Sheriff processe out of the higher Courts shall be directed to the Coroners LVII The Steward and Marshall of the Kings house have a Court for all personal Actions and pleas of the Crown arising there LVIII By reason of certain Franchises grow two other Courts of Record which deal within some certain Precinct viz. a Leet and a Court of Pipowders LIX A Leet is a Court of Record having the sa●e Jurisdiction within an hundred or some lesse precinct which the Sheriffs turn hath in the County the profit thereof being to a Common person LX A