of the King 's Writ it doth not change the Nature and Jurisdiction of the Court. For as these without Writs are not Courts of Record so when the Plea is holden by Writ the Courts are of the same Nature For upon a Judgment given in both Cases a VVrit of false Judgment lieth and not a Writ of Error But it is true the King may create a new Court and appoint new Judges in it but after the Court is established and created the Judges of the Court ought to determine Matters in the Court. And therefore neither the Lords of Ancient Demesne nor the Court Baron nor the Sheriff in the County Court when the Plea is holden by Writ of Right Justicies Admeasurement c. are Judges but the Suitors who by the Common Law are the Judges of the Court But in some Cases the Sheriff is made Judge by Parliament as in the Redisseisin by the Stat. of Merton cap. 3. And all his proceeding by force of that Act is of Record and a Writ of Error doth lie of a Judgment given against him Coke's 6 Rep. 11 12. Jentleman's Case In some Actions the Defendant shall be fined in one Court and but amerced in another and yet the Offence shall be all one as in a Writ of Recaption if it be brought in the Common Pleas and Judgment be there given the Defendant shall be fined and imprisoned But if the Writ be brought in the County Court and the Defendant be convict before the Sheriff in the County the Judgment shall not be Quod capiatur quia nulla Curia quae Recordum non habet potest imponere finem neque aliquem mandare carceri quia ista spectant tantummodo ad Curias de Recordo and therefore in such cases he shall be only amerced Coke's 8 Rep. 60. Beecher's Case By Stat. W. 1.33 3 E. 1. No Sheriff shall suffer Barretors or Maintainers of Quarrels or Stewards of great Lords or other unless Attorney for his Lord to make Suit or to give Judgment in the Counties or to pronounce them if he be not required so to do by all the Suitors and Attorneys of the Suitors there present in Pain that both the Sheriff and they shall be grievously punished by the King By Stat. 19 H. 7.24 the Shire Court for Sussex shall be holden one time at Chichester and the next at Lewis alternis vicibus in pain that the Court otherwise kept and the things therein transacted shall be void By Stat. 2 3 E. 6.25 County Courts shall be adjourned from Month to Month and no longer The Sheriff of Northumberland shall keep his County Court at Alnwicke and not elsewhere Stat. 2 3 E. 6.25 This Court is incident to the Office of Sheriff and cannot be divided from it by Letters Patent or otherwise but by Act of Parliament Coke's 4 Rep. 33. Mitton's Case See the Court of the Tourn and the Court Leet and after in the Court of the Hundred and Court Baron See before in The County Court Page 228. To the Court of the Hundred AFter King Alfred had divided the Realm into Shires called so from the Saxon Scyran signifying to cut he divided the Shires into smaller Parts called Lathes of the Word Gelathian which is to Assemble together Others Tythings because there were in each of them Ten Persons whereof each one was Surety or Pledge for the others good a bearing Others Hundreds because they contained Jurisdiction over one Hundred Men or Pledges dwelling in Two Three or more Parishes Boroughs or Towns in which he appointed Administration of Justice severally among them of the same Hundred In Stat. of Marlebridge cap. 11. hundredum is taken pro Visu Franci Plegii so as the Sense is That he who hath Tenements in the Town and in some other View of Frankpledge of some other Lord or in divers Views of Frankpledge he shall not need to come to any other but where he is conversant and Hundreds there are named because Sheriffs keep their Tourns in every Hundred If a Man hath a House and Family in two Leets he shall be taken to be conversant where his Bed is If a man hath a House and Family in Two Hundreds yet he shall do his Suit to the Tourn or Leet where his Person is commorant Coke's 2. Inst. 122. A Man may have a Writ to the Sheriff for discharging him from coming to the Sheriff's Tourn or Hundred or Leet or other Place than in the Leet or Precinct of the Hundred where he dwelleth and if the Sheriff distrain him to come contrary to the Statute of Marlebridge cap. 10. and a Writ be delivered to him he shall have an Attachment against the Sheriff All the Tenants in Ancient Demesne may have this Writ And if a Man be distrained to do Suit twice in the Year appertaining to the Leet he shall have a Writ upon Magna Charta but it is otherwise of the Hundred because Suit is there from There Weeks to Three Weeks Vide F. N. B. 356 to 360. Articuli super Chartas 28 E. 1. Bailywicks and Hundreds shall not be let to Farm at over-great Sums whereby the People may be over-charged to make Contributions to such Farms See the Statute and in Court of the Leet and County Court See before in The Court of the Hundred Pag. 233. To Court Baron THE Court Baron is so called because amongst the Laws of King Edward the Confessor it is said Barones vero qui suam habent Curiam de suis hominibus c. taking his Name of the baron who was Lord of the Manor or for that properly in the Eye of the Law it hath relation to the Freeholders who are Judges of the Court. And in Ancient Charters and Records the Barons of London and the Barons of the Cinque-Ports signifie the Freemen of London and of the Cinque-Ports Coke's 1 Inst 58. a. The Lord of a Manor that hath a Court Baron of common Right and by Course of Law all Pleas therein are determinable by Wager of Law and yet by Prescription the Lord may prescribe to determine them by Jury In a Writ of Right Patent directed to the Lord of the Manor Plea shall be holden of Freehold and the Court in that Case may give an Oath for there is the King 's Writ of Praecipe quod reddat Coke's 2 Inst. 143. Before the Statute of Marlebridge cap. 22. Lords would distrain their Free Tenants to come and shew their Deeds especially the Original Deed whereby they might know by what Rent and Services the Tenancy was held of them and obliquely many times perusing the Deeds which are the Secrets and Sinews of a Man's Land brought in question the Title of the Freehold it self Another Mischief was That the Lords of Court Barons Hundreds c. where the Suitors were Judges would constrain them to swear between Party and Party both which Mischiefs are taken away by the said Statute Coke's 2 Inst 142. Fines for Beaupleader are yet paid in some
Manuscripts There have been in that time and since the Conquest till the Lord Cokeâ— time 280 Sessions of Parliament and at every Sessions divers Acts made nâ—â— small number whereof are not in Print Cokes 1 Inst 110. a. The Jurisdiction of this Court is sâ— Transcendent That it Maketh Inâ—largeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning Matters Ecclesiastical Capital Criminal Common Civil Marshal Maritime c. And none can begin continue or dissolve the Parliament but by the King's Authority Cokes 1 Inst 110. None can be sent out of the Realm no not into Ireland against his will albeit by Order of Parliament Cokes 2 Inst. 47 48. Trial by Peers of Peers of Parliament was very ancient and in the time of the Conqueror both for Men and Women and anciently those that were not Lords of Parliament were Judged in case of Treason or Felony by the Peers of the Realm By Authority of Parliament it was declared That Urban the 12th was duly elected Pope Cokes 2 Inst 274. Few or none of the Acts made in Ed. 1. time have been Repealed Cokes 2 Inst 280. Where Communitatem Angliae and many such Words are taken for the Parliament and as there was a legal word Guidagium being an Office for guiding Travellers through dangerous passages so the Laws of the Realm are â—o guide the Judges in all Causes Cokes 2 Inst. 526. Cardinal Woolsey endeavouring to bring in the Civil Law was the occasion that but one Parliament was held from the 7th to 21th year of Hen. 8. Cokes 2 Inst. 626. George Nobles a Priest Attainted by Verdict for Clipping the Kings Coiâ— was Adjudged and Executed at Tyburâ— as a common person and Merx 〈◊〉 shop of Carlisle for Treason againâ—â— Hen. 4. had Judgment as in case 〈◊〉 High Treason But Cor Regis in manu Dâ—mini he was pardoned Cokes 2 Inst 63â— The Parliament at Oxford 42 Hen. 〈◊〉 was called Insanum Parliamentum 12 Ed. 2. The Parliament of Whiteband 5 Ed. 3. Parliamentum bonum 10 R. 〈◊〉 Parliamentum quod fecit Mirabilia 21 R. 〈◊〉 Magnum Parlimentum 6 H. 4. Parlâ—â—mentum indoctum 4 Hen. 6. Parliamâ—â—tum Fustium 14 H. 8. The Black Parlâ—â—ment 1 E. 6. Parliament ' pium 1 Maâ—â— Parliament ' propitium Parliaments of Q. Pia Justa Provida 21 Jac. 1. Foelix Paâ—â—â—amentum And the Parliament in the 〈◊〉 year of King Ch. 1. Benedictum Parlâ—â—mentum The Reasons of most of the Appellations appear upon Record Câ—â— 3 Inst 2. It is Lex Consuetudo Parliamenâ—â— That wheresoever the Parliament Sâ—â— Proclamation should be made forbâ—ing wearing of Armour and all Plays and Games of Men Women or Children Cokes 3 Inst 160. The Britons loved the Laws of England and petitioned to have the Laws of England in all cases of the Crown used in Wales And now seeing there are Sheriffs in Wales the Writs for Election of Knights Citizens and Burgesses are directed to them returnable in Chancery Cokes 4 Inst. 241. Every Lord of Parliament ought to have a Writ of Summons sent to him out of the Chancery at least 40 Days before the Parliament begin and the Writ of Summons to the Barons is Quod intersitis cum Praelatis Magnatibus Proceribus super dictis Negotijs tractaturi vestrumque Consilium Impensuri but the Writ to the Assistants as all the Judges Barons of the Exchequer of the Coif the Kings Learned Councel and the Civilians Masters of the Chancery are different from the other as thus Quod intersitis Nobiscum cum caeteris de Concilio nostro and sometimes Nobiscum only super Praemissis tractaturi vestrumque Consilium Impensuri and the Writs of Summons to the Bishops c. you may see in Cokes 4 Inst 4 5 6 9 10 14 47 48 50. And at the Return of these Writs the Parliament cannot begin but by the Royal Presence of the King either in Person or by Representation Cokes 4. Inst. 6. The Writs of Summons are to be found in the Close Rolls and the Forms of them you may see in Cokes 4 Inst 9 10. Which Forms as also the Forms of all other original Writs are not to be altered but by Act of Parliament and where they Issued out of the Chancery and were Returnable in the Court of Parliament the Return thereof could not be altered and Returnable into the Chancery But by Act of Parliament 7 H. 4. cap. 15. They be now returned into the Chancery and kept in the Office of the Clerk of the Crown there see the Statute of 4 H. 7. cap. 15. and Cokes 4 Inst. 9 10. Who shall be Electors and the Sheriffs duty in Electing you may see in the several Statutes whereof some are mentioned in Cokes 4 Inst. 48. If Erroneous Judgment be given in the Kings-Bench it shall upon petition of Right be brought into Parliament to be reversed or affirmed and the proceedings thereupon you may read in Cokes 4 Inst 21. None of the Judges of Kings-Bench common-Common-Pleas or Exchequer are Eligible because Assistants in the House of Lords nor any of the Clergy because of the Convocation but those who have Judicial places in other Courts are Eligible Cokes 4 Inst 47. Thorpe could not be Speaker unless he were Knight of the Shire Cokes 4. Inst 47. in the margent Tenants in ancient Demesne not contributary to the expences of Members in Parliament nor Chaplains who are Masters in Chancery to Proctors in Parliament F. N. B. 507. Cokes 1 Rep. 25 160. A saving in an Act of Parliament Repugnant to the Body of the Act is void Cokes 1 Rep. 47. Alton Woods's Case He who taketh a Gift by Act of Parliament shall not have other Estate than is given by the Act Cokes 1 Rep. 47 48. Alton Woods Case An Act of Parliament or the Common Law may make an Estate void as to one and good as to another which a Man by his breath or words cannot do Cokes 1 Rep. 87. Corbet's Case The Statute of 27 Hen. 8. Extirpating and Extinguishing all the Estate of the Feoffees Non possunt agere seu permittere aliquid in prejudice of Cestuy que use Cokes 1 Rep. 132. Chudley's Case An Act of Parliament may make Division of Estates and therefore not like to Cases at Common Law Cokes 1 Rep. 137. Chudleigh's Case An Act of Parliament is the Highest Conveyance and a latter doth take away a former Act Cokes 2 Rep. 46. Parliamentum Testamentum Arbitramentum to be construed according to the intent of the makers Cokes 3 Rep. 27. Butler and Baker's Case Of Statutes which concern the King the Judges ought to take notice Cokes 4 Rep. 13. Lord Cromwell's Case The like of general Acts Cokes 4 Rep. 76. Holland's Case The of Stat 13 18 Eliz. concerning Leases by Deans and Chapters are general Statutes whereof the Court ought to take notice although they be not found by the Jurors Cokes 4 Rep. 120. Davenport's Case Mistaking the
Certificate of Tenths which ought to have been there inserted That Court shall have power to enter it into the said Original Record to the end it may from thenceforth be chargable therewith By Stat. 32 Hen. 8. cap. 47. The Bishop of Norwich and his Successors shall Collect the Tenths of all Spiritual Promotions within his Diocess notwithstanding the Statute of 27 Hen. 8. not Printed which did Exempt them from the Collection thereof By Stat. 34 and 35. Hen. 8. cap. 17. The Tenâ—hs and Pensions reserved upon the Patents of the Five new Bishops of Chester Gloucester Peterborough Bristol and Oxford shall be paid in the Court of the First fruits and Tenths and not elsewhere But note That the Court was afterward annexed to the Exchequer by divers Acts of Parliament and Patents of Hen. 8. and Queen Mary By Stat. 2 and 3 Ed. 6. cap. 20. The penalty for default of Payments of Tenths shall be the Forfeiture of that only Benefice out of which the same is due notwithstanding the Statute of 26 Hen. 8. cap. 3. By Stat. 7. Ed. 6. cap. 4. The Collectors of Tenths shall before Midsummer next give good Security to save the Bishop harmless against the King The Bishop shall have the last day of May for the payment of Tenths and for making Certificates for such as have refused to pay them notwithstanding the Statute of 26 Hen. 8. cap. 3. If a Benefice be void so that no Tenth can be there received the Bishop upon Certificate shall be discharged thereof and then the King shall have it levied upon the Glebe by way of Seisure The Patent of a Collector of Tenths shall be good no longer than during the continuance of the Grantor in the See By Stat. 1 Eliz. cap. 4. The First-fruits and Tenths restored to the Crown the Statutes prescribing the Grant and Order of them recontinued The Statute of 2 and 3 Philip and Mary by which they were taken away repealed and they shall from henceforth be within the Survey of the Court of Exchequer All Advowsons of Vicaridges incident to any of the Queens Impropriations shall be re-setled in her notwithstanding any Act done by Cardinal Pool or Grant made by Queen Mary saving unto all Persons except such unto whom such Grants have been made their Right and Interest into or out of such Impropriations Pensions and all other yearly Payments shall be paid as before the Act of 2 and 3 Philip and Mary All Persons in Arrear for those Duties shall not be answerable for them to the Queen If an Incumbent continue in the Benefice half a year after the last avoidance and die or be legally ousted before the end of the year He his Executors Administrators or Sureties shall only pay the Fourth part of the First fruits if he live out the year and die or be ousted within Six Months after the year only half the First-fruits shall be paid And if he live out the year and half and die or be ousted within one year only the quarter thereof shall be paid Discharge of First-fruits and Tenths heretofore granted by any of the Queens Predecessors to the Universities or the Colleges in them or to those of Eaton and Winchester shall remain good notwithstanding this Act Also the Dean and Canons of Windsor shall be from henceforth discharged thereof All Grants of Impropriations belonging to the Arch-deaconry of Wells shall remain good notwithstanding this Act yet the said Arch-deaconry and all Spiritual Promotions Assigned to it shall from hence forth pay First-fruits and Tenths All Impropriations and other Profits or Emoluments Ecclesiastical which were formerly within the Survey of the Dutchy Court of Lancaster shall be recontinued notwithstanding this Act or that of 2 and 3 Philip and Mary The Revenues of Hospitals and Schools shall not be charged with the Payment of First fruits or Tenths notwithstanding this Act. By Stat. 28 Hen. 8. cap. 11. The year in which the First-fruits shall be paid to the King shall begin immediately after the avoidance or vacation of the Benefice In the time of Hen. 8. There were 3 new Courts erected amongst others viz. Those of the Augmentations First-fruits and Tenths and General Surveyors But these were afterwards annexed to the Exchequer by divers Acts of Parliament and Letters Patents of Hen. 8. and Queen Mary Nevertheless in some of these Acts there remains yet somewhat in force As you may see in the Statutes concerning Courts By Stat. 1 Mary Parl. 2.10 The Queen may by her Letters Patents Alter Dissolve or Reduce into one or more the Courts of Augmentations First-fruits and Tenths Wards Surveyors and the Dutchy or may annex any of them together or unto any other Court of Record or erect of the same any other new Court or Courts Provided That nothing in the said Letters Patent to be contained shall charge the Subject otherwise than as he ought to have been charged before the Second day of this Parliament and that the Officers of the said Courts shall not hold Plea but only where the Queen is party against any of her Subjects Provided also That if the Queen shall annex any of the said Courts to the Exchequer all things within the Survey of the said Court or Courts so annexed shall be ordered the Exchequer way saving to all persons their Offices Rents Annuities and Fees to be paid out of any of the Queens Courts where shall be sufficient Revenue to answer the same Vide le Statute To the Court of Ancient Demesne IN the Book of Doomes-day it self it appeareth that it was made in the time of the Conquerour And as Tenants in Ancient Demesne are careful to preserve their Priviledges so the Lord is as careful to preserve his Seigniority and the Tenure of his Tenancy in Ancient Demesne And therefore if the Tenant Levy a Fine or suffer a Recovery in the Court of Common Pleas c. whereby for a time the Land is become Frankfee the Lord by a Writ of Disceit may not only restore himself to his true Seigniority but utterly avoid the Fine and restore his Tenant against the Recovery and his own Fine to the Land again in his former Estate and the Reason thereof is for that the Recovery or Fine was not suffered or Levied before a Competent Judge in the Right Court which ought to have been in the Court of Ancient Demesne And therefore after the Reversal in the Writ of Disceit it is now Tanquam coram non Judice and the Parties to the Fine or Recovery shall be Fined and Imprisoned pro deceptione Curia But if in a Writ of Right Close in Ancient Demesne the Demandant maketh his Protestation to Sue in the nature of Assize of Mortdancester the Tenant Pleads in Abatement of the Writ and the Writ by Judgment is abated the Demandant brings a Writ of false Judgment wherein the Writ is affirmed to be good the Court of Common Pleas shall proceed as the inferiour Court should have done and
Law-Books lately Printed for J. Walthoe in the Temple Cloysters 1 COke's Reports with References to all the Ancient and Moderâ— Books of the Laws in 11 Vol. Fol. 2. Dalton's Countrey Justice with large Additions Fol. 3. Cases argued and decreed in the High Court of Chancery Fol. 4. A Collection of the Orders relating to the Practice of the Courts of Chancery and Exchequer 12mo 5. The Law of Common and Commoners or a Treatise shewing the Original and Nature of Common 8vo 6. The Method of Pleading by Rule and President 8vo 7. The Compleat Sheriff wherein is set forth his Office and Authority together with that of a Coroner 8vo 8. A View of the Penal Laws concerning Trades Professions and Traffick and what Offences are punishable in the Crown Office 12mo 9. The Abridgement of the Statutes of King William 8vo 10. Bridgman's Conveyances is now in the Press and will be speedily published with Additions Fol. 11. Tryals per Pais or the Laws of England concerning Juries 8vo A COMPENDIUM OF THE Laws and Government Ecclesiastical Civil and Military OF ENGLAND SCOTLAND IRELAND AND DOMINIONS Plantations and Territories Thereunto belonging WITH THE Maritime Power thereof AND Iurisdiction of Courts THEREIN Methodically Digested under their Proper Heads By H. C. sometime of the Inner-Temple LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold by Iohn Deeve at Bernard's-Inn-Gate in Holbourn 1699. THE PREFACE TO THE READER AT my first Entrance into the Study of the Laws of England knowing Method and Order conduce much to the enlightning of the Vnderstanding rendring things more perspicuous and comprehensive to the discerning Judgment and sitting them better for the retaining Memory I resolved to observe a Regular Course and therefore searched for such Authors and endeavoured to make use of such Means as might best correspond with my Design therein But among the several Treatises of the Laws and Government of this Kingdom and Jurisdiction of Courts heretofore written by several Eminent and Learned Men finding none were so compleat nor had that Beauty of Order and Vniformity at might be expected And the Lord Coke in the Epilogue to his Fourth Institutets concerning the Jurisdiction of Courts desiring the Wise-hearted and Expert Builders would amend both the Method and Vniformity and the Structure it self where they should find any Deficiency in the Architecture and considering that great Alterations have been made since by divers Acts of Parliament and otherwise I was enduced to compile this Methodical Compendium of the Laws and Government of England and the Dominions thereunto belonging to direct and facilitate my farther Studies But the Importunity of some having prevailed with me to promise contrary to my first Intention and Inclination to make it Publick If it prove beneficial to others it will surmount all the Ambition may be thought to be in Yours To the extent of his Power H. Curson A Table of Contents Governments in General ORiginal of Government Pag. 1 Law is General Pag. 4 Law Eternal ibid. â—aw of Reason Pag. 5 Divine Law Pag. 6 Humane Law Pag. 7 Fundamentals of the Laws of England Pag. 8 The Government of England The Government of England Pag. 22 The King ibib Privy Council ibid. Ecclesiastical Government of England Ecclesiastical Government Pag. 28 Convocation Pag. 32 Executive Power in Causes Ecclesiaical Pag. 36 High Commission Court Pag. 36 Court of Arches Pag. 39 Court of Audience ibid. Court of the Faculties Pag. 40 Prerogative Court of Canterbury ibid. Court of Peculiars 41 Consistory Courts of Archbishops Bishops 42 Court of the Archdeacon or his Commissary 44 Court of Delegates 44 Laws and Constitutions Ecclesiastical 45 Trials Ecclesiastical in Civil Causes 46 Trials Ecclesiastical in criminal Causes 46 Punishments by Ecclesiastical Courts 47 Punishments Ecclesiastical peculiar to the Clergy 49 Civil Government of England Civil Government of England 51 High Court of Parliament 51 535 Executive Power in Temporal Affairs 80 Court of the High Steward of Eng. 81 539 High Court of Chancery 90 Court of extraordinary Jurisdiction 93 Court of the Star-Chamber 104 Court for Redress of Delays of Judgment in the King 's great Courts 108 Court of Kings Bench 113 Court of Common Pleas Court 121 Court of the Exchequer 127 Court of Inquiry to certifie untrue Accompts in the Exchequer 140 Court of Equity in the Exchequer 141 544 Office of the Pleas in the Exchequer 142 Courts of Justices of Assize Nisi-prius 144 Court of Justices of a Oyer and Terminer 153 Court of special Justices of Oyer and Terminer 166 Money collected for the Houses of Correction or for the Poor 166 Colledges Hospitals or Alms-houses or for charitable and lawful Purposes and Uses 167 Court of Justices of Goal-delivery 169 Court of Justices of the Forrest 175 Court of Justices in Eyre 193 Court of Justices of Trailbaston 195 Court of Wards and Liveries 196 Court of Ancient Demesne 196 559 Court of Commissioners of Sewers 198 569 Court of Commissioners upon the Statute of Bankrupts 201 573 Commissioners for Examination of Witnesses 203 578 King's Swanherd 204 587 King's Aulnager 205 590 The Government of Counties in England 207 Court of the Sessions of the Peace 210 Court of Inquiry of the Defaults of Justices of the Peace Justices of Assize Sheriffs and Under-Sheriffs 222 The Execution of Laws in each County ibid. Court of the Tourn 223 595 Court Leet or View of Frankpledge 224 597 County Court 228 615 Court of the Hundred 233 630 Court Baron 235 632 Coroners Court 237 635 Court of Escheators and Commissioners for finding of Offices 239 635 Court of the Clerk of the Market 241 Court of Pipowders 246 Court of the Dutchy-chamber of Lancaster at Westminster 247 Courts of the County Palatin of Chester 251 Court of the County Palatin of Durham 252 Royal Franchise of Ely 254 Court of the County Palat. of Pembroke 255 Franchise of Hexam and Hexamshire 255 Courts of the Cinque-Ports 256 President and Council in the North 258 The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland 260 Court of Stannaries in the Counties of Devon and Cornwall 261 Court of the Mayor of the Staple 263 The Principality of Wales The Principality of Wales 266 Court of the President and Council of Wales 269 The great Sessions in Wales 270 Military Government of England Military Government of England 275 Court of Chivalry before the Constable and Marshal 279 Colledge of Heralds 283 Maritime Power of England Maritime Power of England 287 Court of Admiralty 292 638 Navy Office 295 Court of Commission by force of the Statute 28 H. 8. Cap. 15. 298 Port Courts 298 Commissioners and others for Beacons Signs of the Sea Light-houses Sea-marks and concerning Watches 299 De Conservatore Treugarum i. e. Induciarum c. 302 Court of the King of England Court of the King of England 308 Ecclesiastical Government of the King's Court
be called the Starred Chamber because Crimina Stellionat ' was there handled Others of the Saxon word Steeran to Steer or Rule as doth the Pilot because this Court did steer and govern the Commonwealth Others because it is full of Windows But the true cause of the Name was because the Roof was starred This Court sate twice a Week in Term-time viz. on Wednesdays and Fridays except either of those Days fell out to be the first or last Day of the Term then it sate not but was constantly held the next Day after Term ended But if any Cause was begun to be heard in Term-time and for length or difficulty could not be sentenced within the Term it was continued and sentenced after the Term. Divers Acts of Parliament gave Jurisdiction to this Court for to punish horrible and enormous Crimes and other exorbitant Offences in Great Men but ordinary Offences and such as may be sufficiently punished by the proceedings of the Common Law this Court left to the ordinary Courts of Justice The proceeding in this Court wasby Bill or Information by Examination of the Defendant upon Interrogatories and by Examination of Witnesses and rarely Ore tenus upon the Confession of the party in Writing under his Hand which he again must confess freely in open Court upon which Confession the Court did proceed But if the Confession was set down too short or otherwise than he meant he might deny it and then they could not proceed against him but by Bill or Information which was the fairest way The Informations Bills Answers Replications c. and Interrogatories were in English Engrossed in Parchment and Filed up All the Writs and Process of the Court were under the Great-Seal The Sentences Decrees and Acts of this Court were Ingrossed in a fair Book with the Names of the Lords and others of the King's Council and Justices that were present and gave their Voices In the 28th year of the Reign of Edward the Third it appeareth that the Retorns Coram nobis are in three manners 1 Coram nobis in Camera which was afterwards called Camera stellata 2. Coram nobis ubicunque fucrimus in Anglia which is the Kings-Bench And 3. Coram nobis in Cancellaria By the Statute of 3 Hen. 7. the Letter whereof followeth It was Ordained That the Chancellor and Treasurer of England and the Keeper of the King 's Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings most Honourable Privy Council and the two Chief Justices of the Kings-Bench and Common-Pleas for the time being or other two Justices in their absence upon Bill or Information put to the said Lord Chancellor or any other against any person for unlawful Maintenance giving of Liveries Signs and Tokens and Retainers by Indentures Promises Oaths Writings or otherwise Imbraceries of his Subjects Untrue demeaning of Sheriffs in making of Pannels and other untrue Returns by taking of Money by Injuries by great Riots and unlawful Assemblies have Authority to call before them by Writ or Privy Seal the said Misdoers and they and others by their Discretion by whom the Truth may be known to Examine and such as they find therein Defective to punish them after their Demerits after the Form and Effect of Statutes thereof made in like manner and form as they should and ought to be punished if they were thereof Convict after the due Order of Law Camerae Stellatae authoritatem prudentissimus Princeps Henricus Septimus ita Parliamentaria adauxit Constabilivit nonnulli primum instituisse falso opinantur But the Act of 3. Hen. 7. did not raise a New Court for there was a Court of Star Chamber before and all the Kings Privy Council Judges of the same But By the Statute of 16 17. Car. 1. cap. 10. this Court is absolutely Dissolved The Court for Redress of Delays of Judgments in the Kings great Courts THis Court is raised by the Statute of 14. E. 3. which followeth in these words Item Because divers Mischiefs have hapned of late that in divers places as well in the Chancery as in the Kings-Bench the Common-Bench and in the Exchequer before the Justices assigned and other Justices to hear and determine matters the Judgments have been delayed sometimes by Difficulty sometimes by divers Opinions of the Judges and sometimes for some other Cause It is assented established and accorded That from henceforth at every Parliament shall be chosen a Prelate two Earls and two Barons which shall have Commission and Power of the King to hear by Petition delivered unto them the Complaints of those that will complain to them of such Delays and Grievances made and they shall have power to come before them at Westminster or elswhere where the places or any of them shall be the Tenour of Records and Processes of such Judgments so delayed and to cause the same Justices to come before them which shall be then present to hear their cause and reasons of such delays which Cause and Reasons so heard by Good Advice of themselves the Chancellor Treasurer the Justices of the one Bench and of the other and other of the King's Counsel as many and such as shall seem convenient shall proceed to take a good Accord and make a good Judgment and according to the same Accord so taken the Tenor of the same Accord together with the Judgment which shall be Accorded shall be remanded before the Justices before whom the Plea did depend and that they shall give Judgment according to the same accord and in case it seems to them that the Difficulty be great that it may not well be determined without Assent of the Parliament that the said Tenor or Tenors shall be brought by the said Prelate Earls and Barons in the next Parliament and there shall be a final Accord taken what Judgment ought to be given in this case and according to this Accord it shall be commanded to the Judges before whom the Plea did depend that they shall proceed to give Judgment without delay Before the making of this Statute delay of Judgments was forbidden both by the Common Law and by Acts of Parliament By the Common Law 1. It is required That Plena celeris Justitia fiat partibus c. not plena alone nor celeris alone but both plena celeris All Writs of Praecipe quod reddat are Quod juste sine dilatione reddat c. All Judicial Writs are Sine dilatione c. 2. There did and yet doth lye a Writ De procedendo ad judicium when the Justices or Judges of any Court of Record or not of Record delayed the party Plaintiff or Defendant Demandant or Tenant and would not give Judgment and thereupon an Alias Plur and an Attachment c. doth lye And the Words of the Writ be Quia redditis Judicij loquelae quae est coram vobis c. de quadam transgressione eidem A. perpraefat B. illata ut
dicitur diuturnam cepit dilationem ad grave dampnum ipsius A. Sicut ex querela sua accepimus Vobis praecipimus quod ad judicium inde reddend cum ea celeritate quae secundum Legem consuetudinem regni nostri procedas c. Likewise when Justices or Judges of any Court of Record or not of Record give Judgment and delayed the party of his Execution the party grieved may have a Writ De executione Judicij by which Writ the Justices or Judges are commanded Quod executioonem judicij nuper redditi c. de loquela quae fuit c. per breve nostrum c. sine dilatione Fieri fac ' and thereupon an Alias Plur ' and Attachment c. do lye By the meeting together upon Adjournment of the Cause out of the Court where the Cause dependeth c. all the Judges c. which now we call an Exchequer Chamber Cause Warranted by the Common Law and Ancient Presidents before this Statute and the frequent use of this Court of Exchequer Chamber hath been the Cause that this Court upon the Act of 14 E. 3. hath been rarely put in ure By the King 's Writ comprehending Quod si difficultas aliqua intersit that the Record should be certified into the Parliament and to Adjourn the parties to be there at a certain Day Si obscurum difficile sit Judicium ponantur judicia in respect ' usque magnam curiam An excellent Record whereof you may read in the Parliament holden at Westminster the Tuesday after the Translation of St. Thomas Becket Annâ— 14 E. 3. Secondly By Acts of Parliament Nulli vèndemus nulli negabimus aut differemus justitiam vel rectum That it shall not be commanded neither by the Great Seal nor by the Little Seal nor by Letters nor any other cause to delay Right and albeit such commandment come c. that by them the Justices surcease not to do Right in no manner In divers cases the party grieved shall have an Action for unjust delay Tolle moram semper nocuit differre paratis But seeing neither the Common Law nor any of the Acts of Parliament do extend to Ecclesiastical Courts it is then demanded What if an Inferiour Ordinary will refuse or delay to admit and institute a Clerk presented by the right Patron to a Church within his Diocess or the like or delay or refuse to give Sentence in a Case depending before him It is Answered That the Archbishop of the Province may grant his Letters under his Seal to all and singular Clerks of his Province to admonish the Ordinary within Nine days to perform that which by Justice is desired or otherwise to cite him to appear before him or his Official at a day in those Letters prefixed and to cite the party that hath suffered such delay then and there likewise to appear and further to intimate to the said Ordinary that if he neither perform that which is enjoyned nor appear he himself without further delay will perform the Justice required or in the former of the said Cases the party delayed may have his Quare impedit but that is thought not to be so speedy a remedy Cokes 4 Inst cap. 6. The Kings Bench Court THis Court is so called because antiently the King sat there sometimes in Person upon a high Bench and the Judges upon a low Bench at his Feet to whom the Judicature belongs in the absence of the King And the Pleas here are betwixt the King and Subject As for Treasons Felonies Breach of the Peace Oppression Misgovernment c. And moreover it examineth and corrects all Errors in facto and in jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer And in this Court are Four Judges First The Lord Chief Justice created by Writ thus Mathis Hale Militi Salutem Sciatis quod constituâ—mus vos Justiciarium Nostrum capitalem ad Placita coram nobis tenenda durantâ— bene placito Nostro Teste me ipso apâ—l Westminst Three other Judges hold their Places by Letters Patents in these word Rea Omnibus ad quos Praesentes Litterae peâ—â—nerint Salutem Sciatis quod Constituâ—mus Dilectum Fidelem R.R. Militem unâ—â— Justiciariorum ad placita coram nobis â—â—nenda durante bene placito nostro Testâ— c. These Judges and all the Officers of this Court have Salaries from the King and the Chief of them Liveries out of the great Wardrobe In this Court all young Lawyers who have been called to the Bar are allowed to Plead and Practise This Court may grant Prohibition to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction thereof is General and extendeth to all England is more uncontrolable than any other Court because the Law presumes the King always is present there in Person None may be Judge here but a Serâ—eant who upon taking his Degree is obliged to wear a Lawn Coif under â—his Cap for ever after The King hath wholly left matters of Judicature according to his Laws to his Judges and albeit the Delinquent shall be Fined at the Will of the King Non Dominus Rex Camera sua nec aliter nisi per Justiciarios suos Finem imponit Errors in the Kings Bench cannot be reversed except in certain particular cases by Stat. 27 Eliz. c. 8. wherein the â—urisdiction of the Court is saved but in the High Court of Parliament A Record brought into this Court cannot as it were being in its Center be remanded back unless by Act of Parliament But Indictments of Feâ—onies and Murders may be remanded â—nd sent by the Justices of that Court â—nto the several Counties The Justices of the Kings Bench may grant a Nisi prius in case of Treason Felony and other Pleas but if they perceive an Indictment to be removed into that Court by practise or for delay they may send it back again for Justice to be done In this Court the Sentence is giveâ— by the Chief Justice the others all 〈◊〉 the most part assenting If they cannot agree it is referred to a Demurrer iâ— the Exchequer Chamber before all the Judges of both Benches and Chieâ— Baron of the Exchequer And now 〈◊〉 us speak somewhat of The Officers THe Prothonotary recordeth all Judâ—ments Orders and Rules of Courâ—â— and all Verdicts given being not 〈◊〉 Crown matters The Secondary is his Deputy for 〈◊〉 said Cause who keeps and makâ— up these Records in Books and alwayâ— attends the Court. The Clerk of the Crown Frames 〈◊〉 Indictments of Felony Treason Mâ—ther c. all manner of Appeals aâ—â— is after to Record them and enter 〈◊〉 Verdict and to make and keep thâ— Records of these matters And hath 〈◊〉 Deputy The Clerk of the Exigents Frames 〈◊〉 Process of Exigi facias and Recoâ—â— the Oulawry The Clerk
prius were first Instituted by Stat. W. 2. cap. 30. Of Issues joyned in the Kings-Bench and their Authority is annexed to the Justices of Assize and is by force of a Judicial Writ and therefore we have joyned them under one Title And this appeareth by the Writ REx Vicecomiti Salutem Praecipimus tibi quod Venire fac ' coram Justiciarus nostris apud Westm ' in Octab ' Sancti Michaelis vel coram Justiciariis nostris ad Assisas in Com' tuo per formam Statuti nostri inde provis Capiend ' Assignatis si prius die Lunae prox ' ante Festum c. apud c. vene rint 12 tam Milites quam alios c. By the Statute of 7 R. 2. Nisi prius shall be granted in the Exchequer as well as elsewhere Of Issues joyned in the Chancery Kings-Bench Common-Bench and Exchequer the Chief Justices or Chief Baron or in their absence two other Justices or Barons of the said several Courts as Justices of Nisi prius for the County of Middlesex within the Term or four days after each Term shall severally Try c. And for their several other Powers and Authorities vide le Stat. and Coke's 4 Inst. cap. 27. And this Writ of Nisi prius is so called because the word Prius is before Venerint in the Distring as c. which was not so in the Venire facias upon The Statute of Westm 2. cap. 30. although the words of the Writ are Si prius c. And albeit Justices of Assize have their Dignity and Authority much increased yet they retain their Original Name although Assizes are now rarely taken before them For that the Common Action of Ejectment hath Ejected most Real Actions and so the Assize is almost out of use Justices of Nisi prius have power to give Judgment in Assize of Darrein Presentment and Quare Impedit And that Commissions and Writs of Nisi prius shall be awarded c. It is to be observed That there is but a Transcript of the Record sent to the Justices of Nisi prius By the Statute of 27 E. 1. de Finibus cap. 4. it is provided Quod Inquisitiones Recognitiones capiantur tempore Vacationis coram aliquo Justiciario de utroque Banco coram quibus placitum deductum fuerit See the Statutes of York 2. E. 3. cap. 16. 4. E. 3. cap. 2. and the Statute of 14. Ed. 3 cap. 16. which Statute doth provide That Nisi prius may be taken in every Plea Real or Personal before Two so that one be Justice of one of the Benches or the Chief Baron or Serjeant sworn without any regard where the Plea depended and this standeth yet at this day Concordatum fuit per totum Cocilium Regis quod nullus Vicecomes aut Coranat ' fiat Justiciarius ad Assisas capiend ' Gaolas Deliberand ' Transgress ' audiend ' terminand ' seu ad aliquod aliud officium Justic ' faciend ' eo quod debent esse intendentes aliis Justiciariis Which Statute is Declaratory of the Common Law 14 H. 6. cap. 1. Justices of Nisi prius have power in all cases of Felony and Treason to give Judgment as well where the Prisoner is acquitted as where he is Attainted and to award Execution Where the King is a Party a Nisi prius may be granted if the King's Attorney assent unto it In Appeal of Murder Robbery Rape brought in the King's Bench if the parties be at Issue a Nisi prius may be granted before Justices of Assize And if Appeal be brought before Justices of Assize they have also power to enquire and judge These Justices of Nisi prius were Instituted for two causes viz. 1. Propter intolerabilem jacturam Juratorum in exonerationem Juratorum 2. Ad celerem Justiciam in ea parte exhibendam A Prohibition is grantable to Justices of Assize Quod non caperent in patria inquisitiones quae magna indigent examinatione By the Original Institution of Justices of Assize and Nisi prius the Tryal should be before Two at the least for plus vident oculi quam oculus especially in Pleas of the Crown concerning the Life of Man The Justices of Nisi prius may grant a Tales de Circumstantibus either when but one or more appear of the principal Pannel or where Eleven do appear and all the Jury may be of the Tales de Circumstantibus as it was upon a Tales at the Common Law A Nisi prius may be granted in an Attaint In Trespas between the Duke of Exeter and the Lord Cromwell The Counsel of the Duke moved for a Nisi prius and for the Duke was a Praepotent Prince in that Country and the Venire facias being Return'd there was a great Rout in the Hall so as if a Nisi prius should be granted great Mischief might ensue therefore no Nisi prius was granted 32 H. 6.9 Coke's 4. Inst cap. 27. The Court of the Justices of Oyer and Terminer THe Authority of these Justices is by Commission and of these are two sorts The General Commission which is so called because it is General in respect of the Persons the Offences and Places where the Offences are committed the substance of which Commission is thus REx c. Fidelibus suis R.M. aliis Salutem Sciatis quod Assignavimus vos Tres vestrum quorum aliquem vestrum vos praefat ' R.M. L.G. unum esse volumus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Com' nostris South ' Wiltes ' Dorset ' Somerset ' Devon ' Cornub ' eorum quobilet ac aliis viis Modis Mediis quibus melius sciveritis aut poteritis tam infra Libertates quam extra per quos rei veritas melius scire poterit de quibuscunque Proditionibus Misprisionibus Proditionum Insurrectionibus Rebellionibus Murdris Feloniis Homicidâ—is Interfectionibus Burglartis Ropâ—â—bus Mulierum Congregationibus Conventiculis illicitis Verborum prolationibus Coadijuâ— ationibus Misprisionibus Confederationibus Falsis allegantiis Transgressionibus Riotis Routis Retentionibus Escapiis Contemptibus Falsitatibus Negligentiis Concelamentis Manutenentiis Cambipartiis Deceptionibus aliis Malefactis Offensis Injuriis quibuscunque Necnon accessar ' eorundem infra Com' praed ' eorum quemlibet c. Et easdem proditiones alia praemissa hac Vice audiend ' terminand ' secundum Legem Consuetudinem regni nostri Angliae c. As you may read at large in Coke's 4th Inst cap. 28. The particular Commissions of Oyer and Terminer are so called in respect of particular Persons Offences or Places for which they are granted whereof you may see Fresh Presidents in the Register 1. Against the Bishop of Winchester and his Ministers 2. De Nave fracta if the Goods ought to be taken for Wreck 3. Of divers Oppressions Extortions c. 4. For the Prior of Daventry 5. For the King in time
Exectuted To attend and Guard the Itinerant Judges twice a year while in their County with great Pomp and Feasting at the Assizes and hath attendant on him his Under-sheriff Clerks Stewards of Courts Bailiffs of Hundreds Constables Gaolers Serjeants and Beadles with a Train of Servants on Horseback in rich Liveries at the Reception of the Judges He Collects all publick Profits Fines c. of the County And for Exercising his Judicial Power hath these Courts The Court of the Tourn THe Tourn called anciently Shiregmote Is a Court of Record holden before the Sheriff The ancient Institution whereof by King Alfred was before Magna Charta To hear and determine all Felonies Death of Man excepted and Common Nusances See the Charter of William the Conqueror Magna Charta and Exposition thereupon the second part of Coke's Institutes and Coke's 4 Institutes cap. 53. The Stile of this Court is Curia Visus Franc ' pleg ' Domini Regis apud B. coram Vicecomite in Turno suo And seems to have its Denomination from the French Tour i. e. Ambitus circuitus And is as much to say as The Sheriffs Course or Perambulation For which and the Articles Inquirable there See Greenwoods Jurisdiction of County Courts and other Authors at large and Coke's 4 Institutes cap. 53. And this Court is said to be Schola Insigniendi Juvenes A School to Instruct young Men in the ancient Laws of the Kingdom The Court of Leet or View of Frank-pledge THis is a Court of Record at the first derived and taken out at the Tourn because the people did undergo great trouble in travelling to the Sheriffs Tourn Leets or Views of Frankpledge were granted to Lords of Manors within certain Precincts yet this Court in whose Manor soever it is kept is still accompted the Kings Court because the Authority is Originally apertaining to the Crown and thence derived to inferior persons And whosoever hath the Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourn And Lep or Leet is a Saxon word from the Verb Zelepian z being added Euphoniae gratia i. e. Convenire to assemble together unde Conveutus And the Stile of this Court is Curia Visus Franc ' pleg ' tent ' apud B. coram A.B. Seneschallo This Court of the Leet as likewise the Tourn are Instituted for the Common Weal As for Conservation of the Kings Peace Punishment of Common Nusance as for selling Corrupt Wines and Victuals c. And by divers Acts of Parliament the Jurisdiction of this Court hath been increased to the end the Subject might have remedy and Justice at his own Door And therefore the Steward ought to be knowing in the Law for Ignorantia Judicis est calamitas Innocent is Of the Antiquity and Jurisdiction of this Court which is very ample you may Read more at large Coke's 2 Institutes Magna Charta cap. 17.35 4 Institutes cap. 54 There are Three things to be considered in holding of Tourns or Leets 1st Time which must be twice in a year viz. within one Month after Easter and one Month after Michaelmas at the Tourn after Earst No Actions Popular are to be inquired after c But only to take their Suit who are Suitors which at the Sheriffs Tourn are all Men from 12 to 60 years of age within the County Ecclesiastical Persons Peers and Women excepted and at the Leet the like Persons within the Precinct which is called Suit Real by Reason of their Allegiance to which they are Sworn to be true and Loyal to the King and to take the view c. And at the Tourn or Leet after Michaelmas then to inquire of such things which are inquirable there 2ly The place where the Leet is to be holden and that must be within the Precinct or Liberty in Loco debito cosueto and if it be done otherwise whatever is acted in it is void 3ly The Persons who are all Freeholders within the Precinct or Liberty and are obliged to come by the Service of their Fees and all others of fit age except the persons above mentioned to be excepted The Sheriff in the Tourn or Steward in the Leet as Judge hath a double Authority 1. Election of Officers 2. Punishment of Offenders And this Punishment of Offenders is in a twofold manner and in it are to be respected 1. Actus Curiae for Punition of Offences in Curia where the Sheriff or Steward as Judge may punish by Fine without Inquiry by the Country c. As if a Juror sworn refuse to make Presentment depart without giving his Verdict or refuse to be Sworn the Steward may impose a reasonable Fine upon him 2. Actus Patriae for Punishment of Offences Extra Curiam where the Jurors who are sworn have peculiar Cognizance and have Authority to Present and to Assess Amerciaments for them And the Sheriff or Steward by the Statute of 18 Ed. 1. may Inquire of several Misdemeanors from the highest Treason to the lowest Trespass tho' not here punishable He may also Impannel a Second Jury to Enquire of the Defaults and Concealments of the First and so Fine them for their offence And for default of Resiants he may compel a Stranger coming within the view to be of the Inquest And the Officers he hath Election of are The Bailiff who is to Collect the Rents and Profits of the Manor or Liberty and Give a true accompt thereof and to execute all the Precepts of the Court. The Constables who are chosen and are to see the publick peace kept Watch and Ward observed Learn the Contents of the Statute of Winchester made against Rogues c. And to punish such as play at unlawful Games The County Court THe Stile of this Court is Bucks Curia prima Comitatus E.C. Militis Vicecomiti Com. praedict ' Tent ' apud B. c. And the next Court is Curia secunda E. C. c. And soforth of the rest Of the Jurisdiction and Authority of this Court you may Read in the Statute of Magna Charta cap. 35. The Suitors are Judges except in a Redisseis in the Sheriff is Judge and a Writ of Errour lieth upon his Judgment And being no Court of Record It holdeth no Plea of any Debt or Damages to the value of Forty shillings or above Nor of any Trespass Vi armis because a Fine was due thereby to the King But of Debt Detinue Trespass and other Actions personal above Forty shillings The Sheriff may hold Plea by force of a Writ of Justicies for that is in nature of a Commission to him and is Vicountiel and not returnable And the Sheriff may before any County Court award a Summons to his Bailiff returnable within two or three days at his Discretion to Summon the Defendant by his Goods c. to answer and if the Bailiff return Nihil and the Plaintiff remove the same by a Pone into the Common-Pleas that Court shall not grant a Capias for
the nature of the Writ doth not warrant a Capias and the Sheriff could not grant the same neither doth the Writ of Justicies alter the nature of the Court of the County for therein the Sheriff is not Judge but the Suitors and upon a Judgment given therein a Writ of False Judgment doth lie and not a Writ of Errour And in divers Real Actions a Writ of Justicies doth lie as in Breve de Admeasurement of Dower of Pasture De Nusance c. As by our Books may appear And Pleas ought not to be hence removed without cause as appears by the Writs of Pone Recordare The Writ of False Judgment Accedas ad Curiam which are yet in use In this Court upon the Exigent after Quint ' Exact ' The Coroners give Judgment Ideo Utlagetur per Judicium Coronatoris But by this Judgment No Goods are forfeited before the Outlary appear of Record and that is the Reason that no Man can Claim the Goods of Outlaws by Prescription neither shall such an Outlawry disable the party till the Exigent be returned This Court is holden at any place within the County except in Northumberland Sussex and Chester where it is limited to be held at certain places by Statute And is to be holden once every Month counting 28 days to the Month. No Fine can here be inposed because it is no Court of Record But a Man may be there amercied for Contempt or Disturbance of the Court In the presence of the Court. And in this Court are these Officers The Sheriff who is Elected yearly Crastino Animarum by the Statute of 9 E. 2. and 14 E. 3. cap. 7. And his Letters Patents bear date commonly the sixth of Novemb. unless in case of necessity And before the next County day after his Election and Discharge of the old Sheriff he ought to depute A County Clerk who according to Fleta ought to be Endued with Circumspection Fidelity Providence Humility Peace and Modesty Expert in the Laws and Customs of his Country and of ability to direct the Bailiffs and other Ministers in Dubious Things He may not Practise as an Attorney at the same time nor Act without consent of Suitors he must Depute honest able Bailisss to Execute the Process and Precepts of the Court and after Plaints entred which must be in full County Sedente Curia Except in case of Replevins he must Issue sufficient Precepts directed to his Bailiff to Attach or Warn the Defendants to appear at next County Court and at the Adjournment of every Court must appoint a day certain for the next Court To the intent the Country may know when to Resort thither to hear the King's Exigents and Proclamations read The Coroner is a Principal Officer being chosen in this Court by a Writ De Coronatore eligendo directed to the Sheriff whereupon he is chosen by the Freeholders or Suitors in full Court and is there published and afterwards his Election certified into the Chancery by the Sheriff and the County Clerk Administers to him an Oath for due Execution of his Office then he Sits there with the Sheriff every County Court where Exigents and Proclamamations being proclaimed five County days Once in open Sessions and once at the Church Door If at the fifth County day the Defendant appear not the Coroner gives Judgment That he be out of the King's Protection and out of the Aid of the Law A Man being then said to be Outlawed as it were Extra Legem positus because he is supposed to be once Sworn to the Law But a Woman is said to be waved Waviatur because she was never Sworn to the Law The Attorneys may do all things in the Name and as the Act of him who gave them the Authority as if he did it himself For he is Aliorum Negotiorum Gestor and Qui per alium facit per seipsum facere videtur And these ought to be honest and just according to their Oath And ought not to delay their Clients Argenti gratia not demand Moneys otherwise than is allowed them by the Court. The Bailiffs are Servants and Ministers of the Law and by Consequence to the party at whose Suit he is to distrain And therefore ought to be True Vigilant and not exoculated with Bribes Ought to be contented with the Fees allowed for if they Extort more or commit any Error contrary to their Precept they forfeit Forty shillings by the Stature of 27 Eliz. No Bailiff or other Person ought to take a Distress or Execute Process till he be Sworn but now Experience shews the Contrary King Alfred hanged Judge Arnold for saving a Bailiff from Death who had robbed the People by Distress and for Extorting of Fees The Court of the Hundred AS the Leet was derived for the Ease of the People out of the Tourn So this Court of the Hundred for the same cause was derived out of the Court of the County And is in nature a Court Baron where the Suitors are Judges and is no Court of Record The Stile of this Court is Curia E. C. Milit is Hundredi sui de B. in Com' Bucks Tent ' c. coram A. B. Senceschallo ibidem Officers Incident to this Court are chiefly the Constables of the Hundred commonly called The Chief Constables so named because the Constables of Towns are called Petit Constables The Constables of the Hundred are Created by the Statute of Winchester 13 E. 1. And their Authority thereby limitted to five things 1st To make view of Armour 2ly To present before Justices Assigned all such Defaults they see in the Country about Armour 3ly Defaults of Suits of Towns 4ly Of High-ways 5ly To present such as lodge Strangers in uplandish Towns for whom they will not Answer And these disperse all Warrants of the Justices of Peace to the Petit Constable and divers other Authorities are given to them and the Petit Constables by Acts of Parliament which they must strictly observe For that no Officer constituted by Act of Parliament may Prescribe as the Officer by the Common Law may Term. 2 Car. Regis Fortescu of Bucks Plaintiff and the Sheriff of the same Defendant The Plaintiff had divers Hundreds granted to him for Life Reserving a Rent which the Sheriff disallowed and put in Bailiffs of his own And the Attorney General was commanded to avoid the like in other Counties for that they were against Law and belonged to the Office of the Sheriff And this division of Counties into Hundreds is very Ancient and thought to be so called at first either for containing an Hundred Houses or an Hundred Men bound to bear Arms and hath commonly a Bailiff an Ancient Officer but now of small Authority And if there be a Bailiff of a Liberty Or a Sheriff's Bailiff of a Hundred Wapentake or Tything which hath not Lands or Tenements sufficient within the County there lieth a Writ De Ballivo Amovendo by the Statute of 4. E. 3. cap. 9. The
are able For all which see more in the Statute de Escheatoribus 29 E. 1. Coke's 4 Institutes cap. 43. c. The Court of the Clerk of the Market THe Clerk of the Market is to this day called Clericus Mercati Hospitij Regis And keepeth a Court and Inquireth after Weights and Measures whether they be according to the King's Standard and for that Purpose he maketh Process to Sheriffs and Bailiffs to Return Pannels before him c. And he is to deliver Estreats of such things as concern his Office into the Exchequer He can hold no Plea but what was holden in the Reign of E. 1. and at this day there is not so much occasion for him or his Authority since Justices of Assize Justices of Oyer and Terminer Justices of Peace and Sheriffs in their Tourns and Lords in their Leets may Inquire of False Weights and Measures Of Wine Ale Beer Corn and Grain there ought to be but One Measure and of all other Merchandize per totum Regnum De Ponderib ' vero sicut de Mensuris But notwithstanding divers Statutes there are two kinds of weights used in this Kingdom one called Troy weight commanded by the Statute And is thus deduced 24 Corns of Barley dry and from the midst of the Ear make a peny weâ—ght 20 peny weights an Ounce and 12 Ounces a pound Troy a Grain contains 20 Minutes a Minute contains 24 Droits a Droit contains 24 Blanks Twelve Grians of Fine Gold make a Caract 24 Caractes an Ounce and 12 Ounces a pound By this Troy weight are measured according to Law Pearls Precious Stones Gold Silver Bread Wheat and such like And this kind of Weight the Apothecaires do or ought to use although by other Divisions and Denominations Their least Measure is a Grain 20 Grains make a Scruple maked ℈ 3 Scruples make a Drachm marked Ê’ 8 Drachmes make an Ounce marked â„¥ 12 Ounces make a Pound marked lb Another called Avoir du Pois A Pound of this consisteth of 16 Ounces Every Ounce of 20 Peny weight Every Peny weight 21 Grains and 9 10 of a Grain It is called Avoir du Pois because thereby they have full Measure By this are weighed all Physical Drugs Wax Pitch Tarr Iron Steel Lead Hemp Flax Flesh Butter Cheese and divers other Commodities and especially every Commodity subject to Wast And thereof an 112 Pounds are called an Hundred weight There was another weight called Auncel weight by Scales fixed to a Beam or Staff and by the Hand or Fore-finger wherein was much Deceipt and therefore abolished by several Statute Measures of Troy are of Three kinds viz. Of Things that are Dry Of Things Moist or Liquors and Of Longitude Latitude and Profundity Of Dry things 4 Grains make a Peny weight 20 Peny weight an Ounce 12 Ounces a Pound or Pint 2 Pints a Quart 2 Quarts a Pottle 2 Pottles a Gallon 2 Gallons a Peck 4 Pecks a Bushel 4 Bushels makes a Comb 2 Combs a Quarter 6 Quarters make a Weigh and 10 Quarters a Last Of Liquors 12 Ounces make a Pint or Pound and 2 Pints a Quart and 4 Quarts a Gallon of Wine which is 8 Pounds Troy weight 18 Gallons make a Rundlet 31 Gallons and a Half make Half a Hogshed 42 Gallons make a Tierce 63 Gallons a Hogshead 84 Gallons a Puncheon 126 Gallons a Pipe or Butt and 252 Gallons make a Tun of Wine Of Ale and Beer 8 Gallons is a Firkin 16 Gallons is a Kilderkin 32 Gallons is a Barrel 63 Gallons is a Hogshead The Wine Measure is smaller than the Ale and Beer Measure and holds Proportion as 4 to 5 So that 4 Gallons of Beer are 5 Gallons of Wine And the Measure of Dry things is greater than the Wine and lesser than the Ale and Beer Measure so that the Gallon of this Measure being about 8 Pouâ—â—s Troy weight is in proportion to the Wine Gallon as 33 to 28 and is in Proportion to the Beer Gallon as 33 to 35. Of Longitude Latitude and Profundity 3 Grains of Barley make an Inch 4 Inches make a Handful 3 Handful make a Foot 1 Foot and ½ make a Cubit 2 Cubits a Yard 1 Yard and ¼ an Ell 5 Foot a Geometrical Pace 6 Foot a Fathom 16 Foot and ½ make a Perch Pole or Rod 40 Perch make a Furlong 8 Furlongs make a Mile which according to the Statute of 11 Hen. 7. ought to be 1760 Yards or 5280 Foot That is 280 Foot more than the Italian Mile 60 Miles or more exactly 69 English Miles and ½ make a Degree and 360 Degrees Or 25020 Miles Compass the whole Globe of the Earth For Measuring of Land 40 Perch in Length and 4 in Breadth make an Acre so called from the German Acker and that from the Latin Ager 30 Acres ordinarily make a yard Land and 100 Acres are accounted an Hide of Land By the Stat. of 7 Hen. 7. The Chief Officer of ever City and Burrough shall take for Sealing of every Bushel a peny of every other measure a Half peny of every Hundred weight a peny and every Half hundred weight a Half peny of lesser weight a Farthing The Clerk of the Market ought not to take any Common Fine nor to Claim any thing for Examining or Viewing of Measures Sealed or other Measures Of which see more in the Statute and Coke's 4 Inst cap. 61. The Court of Pepondres Vulgarly Pipowders Curia Pedis pulverisati THis Court is incident to every Fair and Market as a Court Baron is to a Manor and is so called for that Justice for advancement of Trade is as Speedy as the Dust may fall from a Man's Feet Their Proceedings being De hora in horam And this is a Court of Record to be holden before the Steward of the Court and the Jurisdiction thereof consisteth in Four Conclusions 1st The contract or cause of Action must be in the same time of the Fair or Market 2ly It must be for some matter concerning the same Fair or Market complain'd on heard and determined 3ly It must be within the Precinct of the Fair or Market 4ly The Plaintiff must take an Oath according to the Statute of 17 Ed. 4. cap. 2. But that concludeth not the Defendant And there may be a Court of Pipowders by Custom without a Fair or Market and a Market without an Owner And this Court of Pipowders by Prescription may be extended to all Contracts Bonds Actions of Trespass and upon the case and no Writ of Faux Judgment but a Writ of Error lies here and in the Ordinary Court of Pipowders incident to a Fair or Market And this Court by Prescription may be used either by way of Grant or Confirmation For all which see in Coke's 4 Institutes and Greenwood of Courts The Court of the Dutchy Chamber of Lancaster at Westminster KIng Ed. the 3. in full Parliament Ann. 50. E. 3. Erected the County of Lancastar a County Palatine by Letters Patent and
till it be discussed by the King's Council if that Matter ought and of right pertaineth to that Court Or otherwise to be Realm of England and also that they Purcease in the mean time For Tryal by Battel between the Lord Morley and the Earl of Sarum and divers others there cited See Coke's 4 Inst cap. 17. In an Appeal between Upton and Down 8 Hen. 6. after Battle joyned the King 's Writ out of the Chancery Issued to the Sheriffs of London as followeth REx c. Vic' London salutem Praecipimus vobis firmiter injungentes quod quasdam Listas Barras de Maremio fortes satis sufficientes pro quodam Duello inter Joh. Upton Appellantem Johan ' Downe Defend ' Secundum Legem Armorum die Lunae prox ' futur ' apud Westsmithfield in Suburb ' Civitatis praed ' Deodanti perficiend ' contra diem praed ' nostris Sumptibus Expensis erigi construeri fieri fac ' in Omnibus prout in Ultimo Duello ibidem facto fact fuer ' quod terra inter Listas praed ' cum sabulo sufficienter Equalitter cooperiatur Ita quod aliqui Lapides Grandes aut arena infra easdem Listas minime inveniantur quovis modo Et de omnibus singulis paecuniarum Summis quas circa praemissa aplicaveritis nos vobis in computo vestro ad Scaccarium per praesens madatum nostrum debitam allocationem habere faciemus c. And by a French Manuscript Intituled Modus faciendi Duellum Coram Rege Bone Foy Droit Ley de Armes voet quel Apellant encourge mesme peyne que le Defendant deveroit sil soit Convicte discomfit And this seemeth to be consonant to the Law of God Deut. 19 18. They proceed according to the Customs and Usages of the Court and in cases omitted according to the Civil Law Secundum Legem Armorum and therefore upon Attainders before the Constable and Marshal no Land is Forfeited or corruption of Blood wrought It was resolved in the Reign of Queen Eliz. in the Case of Sir Francis Drake who struck off the Head of Dowty in Partibus transmarinis That his Brother and Heir might have an Appeal Sed Regina noluit constituere Constabularium Angliae c. ideo dormivit Appellum The Proceeding and Sentences here is upon Witnesses or Combat and not by Jury and after Sentence in this Court in Case of Arms the party grieved may Appeal to the King What Judgment shall be given when either party is vanquished and when Tryal by Battel shall be for things within the Realm before the Justices of the King's Bench or Common Pleas Vide Coke's 4 Institutes cap. 17. Crompton's Jurisdiction of Courts Fol. 82. The effect of the Grant of the Office of Constable is in few words Officium Constabularij Angliae unacum Omnibus Feodis proficuis comditatibus Emolumentis quibuscunque Offico praedicto qualitercunque pertinentibus ab antiquo debitis consuetis And now as in some respects incident to this Court as being created by the Earl Marshal we shall in the next place speak somewhat of The Colledge of Heralds OF this Collegiate Society are Three Stiled Reges Armorum Anglorum Kings at Arms the principal of which is called Garter Instituted by King Henry the 5th whose Office is to attend the Knights of the Garter at their Solemnities To Advertise them of their Election And to call them to be Installed at Windsor To cause their Arms to be hung upon their Seats there To carry the Garter to Kings and Princes beyond Seas for which purpose he was wont to be joyned in Commission with some principal Peer of the Realm and to Marshal the Solemnities and the Funerals of all the Higher Nobility of England The next is Clarencieux So called from the Duke of Clarence to whom he first belonged which Dukedom Escheating to King Edw. the 4th by the Death of his Brother George Duke of Clarence he made this Herald a King at Arms and named him Clarencieux in French and Clarentius in Latin His Office is to Marshal and dispose the Funerals of the Lesser Nobility as Baronets Knights and Gentlemen on the Southside of Trent and therefore sometimes called Surroy or Southroy And then Norroy or Northroy whose Office is to do the like on the Northside of Trent And these Two last are called Provincial Heralds These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms and Ensigns and with Garter to direct the Heralds And next are the Six Heralds anciently belonging to Dukes have been sometime named Dukes at Arms and are thus called and ranked Windsor Richmond Chester Sommerset York and Lancaster Their Office anciently was to attend Dukes in Marshal Execution now to wait at Court attend publick Solemnities Proclaim War and Peace c. And perhaps named Heralds from the German Here and Healt that is The Armies Champion to denounce War or offer Peace as the Feciales of the Romans did These wait by turns upon the Kings at Arms and have part of their Fees And of these antiently were many as likewise of Pursuivants But now there are but Four Pursuivants named Rouge Crosse Rouge Dragon Portcullice and Blewmantle from such Badges heretofore worn by them as is throught These King's Heralds and Pursuieants were anciently Crowned and had their Creation from the Kings Hand But of later times the Earl Marshal hath had a Commissions for every particular Creation by Letters Patents The manner whereof you may see in the Present State of England They were incorporated by King Richard the 3d and afterwards had another Charter of Priviledge by King Edward 6th in the Third year of his Reign The Duty of the whole Colledge is to Marshal and Order Coronations Marriages Christnings Funerals Interviews Feasts of Kings and Princes Cavalcades Justes Tournaments Combates before the Constable and Marshal c. Also they take care of the Coats of Arms of the Genealogies of the Nobility and Gentry and whatsoever concerns Honour is their Care and Study They are Tanquam sacrorum Custodes Templi Honoris Aeditui All these receive Annual Stipends out of the Exchequer Are all to be Gentlemen at least and the Six Heralds at their Creation are expresly made Esquires by the King When Capias or Exigent are awarded against a Peer or Baron he may have a Writ to command that they Sue out no other Process against him than what they ought to have against Lords and Great Men which come to the Parliament by the ancient Laws and Customs of England Edmond Dein Court of Langley in Com' Lincoln ' By Letters Patents from Ed. 2. had License to Assign his Surname Arms and Possessions which 19 E. 2. he accordingly did But the Lord Hoc Tempore Edw. 4th Granting his Name Arms and Dignity over without the King's License the same was in Parliament adjudged void
The Grant of Earl Marshal of England by Letters Patents of Rich. the 2d and other Grants thereof you may see more at large Coke's 4 Institutes cap. 17. The Maritime Power of England ALL the King 's Maritime Forces are under the Command of the Lord High Admiral of England so called from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek that is Praefectus Marinis A compound word from the Eastern Empire introduced into England after the Wars in the Holy Land by King Richard or King Edward the first His Patent was antiently Angliae Hiberniae Acquitaniae Magnus Admirallus But now it is Angliae Hiberniae Dominiorum Insularum eorundem Villae Calesiae Marchiarum ejusdem Normandiae Gasconiae Acquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum And this Office for the Great Trust and Honour is usally given to the King 's younger Son near Kinsman Or one of the Principal Nobility He hath power to Commissionate a Vice-Admiral a Rear-Admiral All Sea Captains And also Deputies for particular Coasts Coroners Commissioners and Judges for the Court of Admiralty to Imprison Release c. and sometimes to confer Knighthood on such as deserve it at Sea To him by Law and Custom belong Penalties and Amerciaments of Transgressors at Sea on the shore in Ports and from the first Bridge on Rivers towards the Sea Also the Goods of Pirates Felons or Capital Faulters condemned Outlawed or Horned All Waifs Strays Goods Wrecks of Sea Deodands a share of lawful Prizes Lagon Jetsam and Flotsam that is Goods lying in the Sea on the Ground Goods Floating on the Sea and Goods cast by the Sea on Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea-Hogs and others of Extraordinary bigness called Royal Fishes Except Whales and Sturgeons To the Crown of England belongs the Sovereignty of the Narrow-Sea round the Island of Great Britain whereof by Ancient Right it hath had Possession in all times and King Edgar stiled himself Sovereign of the Narrow-Seas In Testimony whereof the Swedes Danes Hollanders c. were wont to aske leave to pass the British-Seas and to take Licenses to Fish therein And to this day Strike Sail to all the Ships of War belonging to the King of England as oft as they pass by any of them thereby acknowledging his Sovereignty according to an Ordinance made at Hastings in Sussex by King John about 450 years ago To maintain this Right Protect Trade and Defend their Kingdoms The Kings of England have Ships of War for Strength Beauty and Sailing Surpassing all other in the World of these such as Ships then were King Edgar is said to have 3600 And the late King Charles had 7 of the First Rate 9 of the Second Rate 22 of the Fifth and 18 of the Sixth Rate besides 30 Fireships and several Small Vessels for Tenders and Victuallers The Royal Sovereign Built by King Charles the first 1637 being of the First Rate was in Length by the Keel 127 Foot in Breadth by the Beam 47 Foot in Depth 49 Foot her Draught of Water 21 Foot Burthen in all 2072 Tunns and 1492 Tunns besides Guns and Tackle hath 6 Anchors the biggest 6000 l. weight and the least 4300 l. weight 14 Cables the greatest 21 Inches compass and weighs 9000 l. weight the least 8 Inches compass weighing near 1300 l. weight 18 Masts and Yards the Main Mast 113 Foot long and 38 Inches Diameter the Main Yard 105 Foot long and 23 Inches Diameter and her Main Top 15 Foot Diameter Had 10 several sorts of Sails Her greatest called the Main Course contained with her Bonnet 1640 yards of Canvas Ipswich double The least called the Foretop Gallant Sail 130 yards of Canvas The compleat suit cost 404 l. The weight of Sea store in point of Ground Tackle and other Cordage 60 Tuns 800 and odd Pounds Shee carried a Long boat of 50 Foot a Pinnace of 30 Foot and a Skiff of 27 Foot long The weight of her Rigging 33 Tun She hath 3 Tires of Guns 44 in the Upper 34 in the Second and 22 in the Lower Tire in all 100 Guns She carried Officers Soldiers and Mariners in all 850 Men. The charge for Victuals Ammunition Wages Wear and Tear every Month at Sea costs 3500 l. The Charge of Building a First Rate Ship with Guns Tackle and Rigging doth usually amount to 62432 the lesser Rates Charge is proportionable A Second Rate carries from 56 to 80 Guns A Third Rate from 58 to 70 Guns A Fourth Rate from 40 to 60 Guns A Fifth Rate from 24 to 32 Guns A Sixth Rate from 6 to 18 Guns The Lord High Admiral may fitly be reputed Vice-Roy of the Maritime Kingdom of England Nam in Mari sunt Regna distincta idque Jure Gentium sicut in arida Terra The Vice-Admiral is an Officer to whom next under the High Admiral it belongs to see the Royal Navy kept in good Repair The Wages of Mariners and Shipwrights duly paid and the Ships provided of all things necessary The Lord High Admiral doth appoint in divers parts of the Kingdom Vice Admirals with their Judges and Marshals by Patent under the Great Seal of the Admiralty These do Exercise Jurisdiction in Maritime Affairs within their Limits and if any be aggrieved by their Sentence or Decree he may Appeal to the High Court of Admiralty and of these round the Coasts are about 22 in England and Wales The Lord High Admiral hath Courts for the Maritime Affairs whereof the Principal is at London and called The Court of Admiralty IN this Court Erected as some hold by Edward the Third The Lord Admiral hath a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law Because The Proceeding is in all Civil Matters according to the Civil Law The Sea being without the Limits of the Common Law and by Libel they Proceed to the Action the Plaintiff giving caution to prosecute the Suit and to pay what shall be adjudged against him if he fail therein The Defendant also giving Security or Caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratify whatever his Proctors shall do in his name Besides the Civil Law The Laws of Rhodes and Oleron are here used The former for their Excellency being Incorporated into the Volumes of the Civil Laws And Oleron being an Island in the Bay of Aquitain belonging to the Crown of England King Richard the first there Compiled such Excellent Laws for Sea Matters that in the Ocean Sea Westward they had almost as much Repute as the Rhodian Laws in the Mediterranean and these Laws were called La Rool de Oleron Many Statutes and Ordinances were made by King Edward the Third and other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and
altho' that Judgment be given to recover the Land in the Common Pleas yet the Land is not Frank-see but remains Ancient Demesne because the beginning and foundation thereof was in Ancient Demesne They may Levy a Fine in Ancient Demesne which by Custom is said to be a Bar of an Estate Tail but certainly that will not hold If the Tenant remove the Plea for the cause mentioned in the Recordare he may come into the Kings Court and Assign other Cause And Twenty if he hath to maintain the Jurisdiction of the Kings Court Coke's 4 Inst cap. 58. All those Manors which were in the Hands of St. Edw. the Confessor were caused to be Written in Doomes-day Book Sub Titulo Regis and all the Lands holden of the said Manors are held by Tenure of Ancient Demesne And the Tenants shall not be Impleaded out of the said Manors and if they be they may shew the Matter and abate the Writ But if they Answer to the Writ and Judgment be given then the Lands become Frank-fee for ever And Tenants in Ancient Demesne which held their Lands by Soccage That is by Service with the Plow are called Sockmans That is Tenants or Men that hold by Service of the Plow or Plowmen for Sock signifies a Plow Terms del Ley. All the Lands that are in the Kings Hands are Frank-fee and Pleadable at the Common Law F. N. B. 35. The Manor it self and the Demesne Lands within the Manor is Pleadable at Common Law and a Man ought to Sue his Action for the Manor and for the Lands which are Parcel of the Manor at the Common Law and in the Common Pleas F. N. B. 24. But if a Man Sue for Lands holden of the Manor in the Hands of a Free Tenant he ought to Sue the Writ of Droit Close directed to the Lord of the Manor and there he shall make his Protestation to Sue in the same Court the same Writ in the nature of what Writ he will Declare And if false Judgment be given the Tenant or Demandant may Sue a Writ of false Judgment F. N. B. 24. But he who holdeth in Ancient Demesne by Copy of Court Roll at the Will of the Lord who is called Tenant by base Tenure and anciently Tenure in Villenage if he be ousted of his Lands he shall not have this Writ of Droit Close but ought to Sue by Bill in the Court of the Lord of the Manor and shall make Protestation to Sue there in nature of what Writ he will but he shall not have a Writ of false Judgment or other Remedy but to Sue to the Lord by way of Petition F. N. B. fo 26 27. And when the Writ of Droit Glose cometh to the Lord or his Bailiffs he ought to hold a Court and if he will not hold it The Demandant may Sue a Writ out of Chancery commanding him to hold it and thereupon an Attachment directed to the Bailiff returnable in the Kings Bench or Common-Pleas whereupon he shall recover Damages or the like against the Bailiff And if the Lord oust his Tenant that holds in Fee he may have a Writ of Droit Close or an Assize or other Writ at Common Law against the Lord for those Lands F. N. B. 26. No Lands are Ancient Demesne but Lands holden in Soccage And By this Tenure is intended that the Tenants shall do the Service of the Plowâ— viz. To Plow and Till the Lords Lands to Mow the Lords Meadows and such like Services as are for the maintaining of the Kings Sustenance or Victuals and his Subjects And for such Services the Tenants have divers Liberties and Priviledges in Law as to be quit of Toll and Taxes if not charged upon Ancient Demesne To be free from Charges of Knights of Parliament and not to be put on Enquests out of their Manors unless they have other Lands c. And if the Lord Distrein for other Service or Customs than they are used to do they may have a Monstraverunt F. N. B. fo 30 31. The Lord shall not answer to Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlain of the Exchequer whether the Land be Ancient Demesne F. N. B. 35. The Lord shall have a Writ of Disceit against him who levieth a Fine of Demesne Lands and he who is Tenant shall avoid the Fine But if he Release to him in Possession it shall bind F. N. B. 216. Lands in Ancient Demesne may be extended by the Statute de Mercatoribus 13 E. 1. Coke's 2 Inst 397. And upon Statute Staple And general Statutes extend to it Coke's 4 Inst 270. Fine in Ancient Demesne by Custom Bars an Estate Tail Coke's 2 Inst 207 270. The Jurisdiction extends not to personal Actions Coke's 2 Inst 224 270. The Demandant in a Writ of Droit Close cannot remove the Plea out of the Lords Court for any cause c. nor can the Tenant remove the Plea out of the Ancient Demesne if not for Causes which prove the Land to be Frank-fee and not Ancient Demesne And when the Court is removed by Recordare he ought to shew some Special matter to prove the Land to be Frank fee and not Ancient Demesne otherwise the Plea shall be sent back unto the Lords Court But to shew a Fine levied in the Kings Court of the same Land or a Recovery had upon a Praecipe quod Reddat is a good cause to prove the Land to be Frank-fee c. Tenants in Ancient Demesne may make Attorneys Coke's 2 Institutes 700. Ancient Demesne Tryable by Book of Doomes-day Coke's 4 Inst 270. In a Replevin Writ of Mesne Writ of Ward in Accompt against Guardian in Soccage Ancient Demesne is a good Plea for the Appearance and Common Intendment that the Realty doth come in Debate so in Accompt against a Bailiff For it is brought for the Issue and Profits of the Land which is Ancient Demesne which ought to be determined in the Court of Ancient Demesne And in Assize brought by Tenant by Elegit Ancient Demesne is a good Plea For the manner of Proceeding and Tryal See Coke's 5 Rep. 105. Alden's Case 105. If Ancient Demesne be pleaded of a Manor and denied it shall be Tryed by the Record of the Book of Doomes-day in the Exchequer But if Issue be taken that certain Acres are parcel of the Manor which is Ancient Demesne it shall be Tryed by Jury for it cannot be Tryed by the same Book Coke's 9 Rep. 31. Case of the Abbot of Strata Marcella If a Man Levy a Fine of Land in Ancient Demesne to another at Common Law now the Lord shall have a Writ of Disceit against him who levied the Fine and him who is Tenant and thereby he shall make void the Fine and the Conusor shall be restored to the Possession which he hath given by the Fine But if the Conusor after the Fine Release to the Conusee by his Deed being in Possession or by
his Deed confirm his Estate in the Land then the Conusee shall retain and have the Land notwithstanding the Fine be avoided Coke's 10 Rep. 50. Lampet's Case In a Praecipe if one plead That the Manor of D. is Ancient Demesne and the Land in Demand is parcel of the Manor and so Ancient Demesne The Demandant cannot say That the Land in Demand is not Ancient Demesne for the same is the conclusion upon the precedent proposition viz. The first That the Manor is Ancient Demesne The second That the Land in Demand is parcel of the Manor for Sequitur Conclusio super Praemâ—ssis and therefore cannot be denied Coke's 11 Rep. 10. Priddle and Napper's Case The like in Case of Tithes ibid. Neither the Lord of Ancient Demesne Nor of a Court Baron Nor the Sheriff in the County Court when the Plea is holden by Writ of Right Justicies Admeasurement c. are Judges but the Suitors who by the Common Law are the Judges of the Court Coke's 6 Rep. 12. Jentleman's Case The Writ of Droit Close is directed unto the Lord of Ancient Demesne and lieth for these Tenants who hold their Lands by Charter in Fee-simple Fee-Tail for Life or in Dower if any of them be Ousted or Disseized he or his Heir may Sue this Writ F.N.B. 23 c. If any Land in Ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ of Right Close after the Custom of the Manor and that shall be always brought in the Lords Court and thereupon he shall Declare in the Nature of what Writ he will and this Writ shall not be removed but for a great Cause or Non power of the Court Terms del Ley. If the Lord in Ancient Demesne confirm the Estate of the Tenant to hold by certain Service at the Common Law altho' the Estate of the Tenant be not changed nor any Transmutation of the Possession yet the quality of his Estate is changed for the Tenant shall not be afterwards Impleaded by Petit Writ of Droit And the Land by the Confirmation is discharged from the Customs of the Manor Coke's 9 Rep. 140. Beaumont's Case Monstraverunt is a Writ that lieth for Tenants in Ancient Demesne who hold by Free Charter but not those Tenants who hold by Copy of Court Roll Or by the Rod according to the Custom of the Manor at the Will of the Lord. And it is directed to the Lord commanding him not to Distrein his Tenant to do other Service And if the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Justices and all the names of the Tenants shall be put in the Writ although but one of them be grieved F.N.B. 31 32 33 c. The Lord shall not be put to Answer to the Writ of Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlains of the Exchequer whether the Manor be Ancient Demesne And it therefore behoveth the Plaintiff to Sue forth a Writ directed to the Treasurer and Chamberlain for that purpose Fitz. Herb. N. B. fo 31. to 35. If a Lord in another place out of Ancient Demesne Distrein his Tenant to do other Service than he ought He shall have a Writ of Right called Ne injuste Vexes and it is a Writ of Right Patent which shall be Tryed by Battail or Grand Assize Terms del Ley. See before in Court of Ancient Demesne Page 196. To the Court of Commissioners of Sewers SEwers seems to be a Word compounded of two French Words Seoir to Sit and Eau Water for that the Sewers are Commissioners that Sit by Virtue of their Commission and Authority Grounded upon divers Statutes to Enquire of all Nusances and Offences committed by the Stopping of Rivers Erecting of Mills not Repairing of Banks and Bridges c. and to Tax and Rate all whom it may concern for the amending of all defaults which tend to the hindrance of the free passage of the Water through the old and ancient Courses See the Statute of 6 H. 6. cap. 5. and 23 H. 8. cap. 5. for the form of their Commission Commission is as much in the Common Law as Delegate in the Civil and is taken for the Warrant or Letters Patent which all Men using Jurisdiction either Ordinary or Extraordinary have for their Power to hear and determin any Matter or Action Yet this word sometimes extends more largely than to matters of Judgment as the Commission of Purveyors c. And all Commissions are grounded upon the Words in Magna Charta Terrae Legem And have this Clause Facturi quod ad Justitiam pertinet secundum Legem Consuetudinem Angliae And no new Commission can be raised but by Statute Coke's 2 Inst 51 54 57. The King may send his Commission to Repair a Bridge F. N B. 281. Legal Commissions have their due Forms as well as Original Writs and therefore cannot be newr famed without Act of Parliament The like of Oaths Coke's 2 Inst. 478 479. Rumney Marsh in Com. Kanc. containing 24000 Acres Is at this day and long time hath been governed by certain Ancient and equal Laws of Sewers made by a Venerable Justice Henry de Bathe in the Reign of Hen. the 3d from which Laws not only other parts in Kent but all England receive Light and Direction For Example The General Act of 23 Hen. 8. cap. 5. in the Clause which giveth power to the Commissioners to make Statutes Ordinances and Provisions c. necessary and behoveful after the Laws and Customs of Rumney Marsh in the County of Kent or otherwise by any means or ways c. Both the Town and Marsh of Rumney took their name of one Robert Rumney which Robert as it appeareth by the Book of Doomes-day held this Town of Odo Bishop of Baieux wherein he had 13 Burgesses who for their Service at Sea were discharged of all Actions and Customs of Charge except Felony Breach of the Peace and Forestalling The Lord Mayor hath Jurisdiction for the time being for the Conservation and Rule of the Water and River of Thames and the Issues Breaches and Lands over-flowed c. from the Bridge of Stanes unto the Water of Yendal and Medway And in all Commissions touching the Water of Ley The Mayor of London shall be one By Stat. 3 Jac. cap. 14. Sewers that fall into the Thames shall be Subject to the Commission of Sewers Coke's 4 Inst. cap. 62. The Commissioners ought to Tax all who are in danger to be endamaged for the not repairing equally and not he who hath the Land next adjoyning to the River only And Walmesley Justice held and it was not denied by any That if the Owner of the Land were bound by Prescription to Repair the River Bank that yet upon such Commission Awarded the Commissioners ought not to charge him only but ought to Tax all who had Land in danger And to this
Comitatus coming of the Saxon Verb Siram i. e. partiri for that the whole Realm is parted and divided into Shires And this Shireve being Deputy of the Consul or Earl was therefore by the Romans called Vice-Consul as we at this day call him Vice-comes i. e. Vice-comitis that is instead of the Earl of that County who in ancient time had the Regiment of the County under the King For it is said in the Mirror Cap. 1. Sect. 3. That the Earls of the Counties had the Custody and Guard of the Counties and when the Earls left their Custodies or Guards then was the Custody of Counties committed to Viscounts who therefore are called Vicecomites And whom the Romans called Senatores the Saxons sometimes and we now call Aeldermen or Earls Non proper aetatem sed propter sapientiam dignitatem cum quidam adolescentes essent jurisperiti tamen super hoc experti The Shireve is called Praefectus because he is the Chief Officer to the King within the Shire for the Words of his Patent be Comisimus vobis custodiam Comitatus nostri de c. And he hath triplicem Custodiam viz. 1. Vitae Justitiae for no Suit begins and no Process is served but by the Sheriff Also he is to return indifferent Juries for the Tryal of Mens Lives Liberties Lands Goods c. 2. Vitae Legis he is after long Suits and chargeable to make Execution which is the Life and Fruit of the Law 3. Vitae Reipublicae he is Principalis Conservator pacis within the County Marculphus saith This Office is Judiciaria dignitas Lampridius That it is Officium digniatatis And Fortescue Cap. 24. saith Quod Vicecomes est nobilis Officiarius and is thus chosen Every year the Morrow after All Souls Day all the King's Councellors meet together in the King's Exchequer as well the Lords Spiritual and Temporal as all other Justices all the Barons of the Exchequer the Master of the Rolls and certain other Officers where all these with one common Assent do name of every County Three Knights or Esquires whom among other of the same County they take to be of good Disposition and Fame and best disposed to the Office of Sheriff of that County Of the which Three the King chuseth one whom by his Letters Patent he appointeth Sheriff of the County that he is chosen of for the year then following but he before he receive his Patent shall swear upon the Holy Gospel among other Articles That he shall well and faithfully and indifferently exercise and do his Office all that year and that he shall receive or take nothing of any other Man than the King by colour or mean of his Office In the Romans time and before he was a Minister to the King's Courts of Law and Justice and had then a Court of his own which was the County Court then called Curia Consulatus as appears by these Words Ipsius vices supplebat in Jure in Foro. This Realm being divided into Shires and Counties and those Shires into Cities Boroughs and Towns by the Britons King Alfred's Division of Shires and Counties being but a Renovation or more exact Description of the same The Sheriff is Balivus and his County called Baliva which is thus derived Bailiff is a French word and signifies an Officer concerning the Administration of Justice of a certain Province and because a Sheriff hath an Office concerning the Administration of Justice within his County or Bailywick therefore he calleth his County Baliva sua For Example When he cannot find the Defendant c. he returneth Non est inventus in Baliva mea In the Statute of Magna Charta Cap. 8. some hold that Balivus signifieth any Judge And in 10th of Hen. 4. it is holden That Bailie le Roy is understood Justice le Roy And in the Mirror it is holden That the Stature doth extend to every Justice Minister of the King Steward c. and all comprehended under this Word Bailiff Coke's 1 Inst 168. a. b. Curia Comitatus in Saxon Scypegemoce i. e. Comitatus Conventus ejus duo sunt genera quorum alterum hodie le Countie Court alterum le Tourn del Viscount olim Folkmore vulgo nuncupatur So as many times Turn ' Vicecomit is is expressed under the name of Curia Comitatus because it extended through the whole County and therefore in the Red Book of the Exchequer amongst the Laws of King H. 1. Cap. 8. De Generalibus Placitis Comitatuum it is thus contained viz. Sicut antiqua fuerat institutione formatum salutari Regis Imperio vera est recordatione firmatum Generalia Comitatuum Placita certis locis vicibus definito tempore per singulas anni provincias convenire debere nec ullis ultra fatigationibus agitari nisi propria Legis necessitas vel commune Regni commodum saepius adjiciant Intersint autem Episcopi Comites Vicedomini Vicarii Centenarii Aldermanni Praefecti Praepositi Barones Vavassores Tingrevii caeteri terrarum Domini diligenter intendentes ne malorum impunitas aut gravionum pravitas vel judicum subversio solita miseros laceratione confiniant Agantur itaque primo debita verae Christianitatis jura secundo Regis placita postremo causae singulorum c. Debet enim Sherysmote i.e. The Sheriff's Tourn bis Hundreda Wapentachia i.e. The County Courts duodecies in anno congregari By the Laws of King Edward before the Conquest the first which succeeded King Alured it is thus Enacted Praepositus quisque 1. Vicecomes Saxonice Geresa Anglice Sheriff ad quartam circiter septimanam frequentem populi concionem celebrato cuique jus dicito aequabile litesque singulas cum dies condicti adveniant dirimito Hereby it appeareth that common Pleas between Party and Party were holden in the County Court every Month which agreeth with Magna Charta and other Statutes and continueth at this day And by Stat. 2 E. 6. Cap. 25. It is provided that no County Court shall be longer deferred than one Month from Court to Court Coke's 2 Inst 69 70 71. In the County Court though the Plea be holden therein by a Justicies the King 's Writ yet it is no Court of Record for of a Judgment therein there lieth a Writ of false Judgment and not a Writ of Error Coke's 2 Inst 140. By Stat. Gloucester cap. 8. Purview est ensement que les Visconts pled ' en Counties les Plees de Trespasse auxy come ils soilent estre Pledes Et que nul neit desormes Briefs de Trespass devant Justices sil ne affirm per foy que le biens emportes vailent 40 s. al meins c. En Countie Courts is there put for an Example for the Hundred Court and the Court Baron being no Courts of Record are also within this Law Writs of Trespass are there put also for an Example for Debt Detinue Covenant and the like But if the Trespass be Vi Armis where the King upon
the Conviction of the Defendant shall have a Fine there the Sheriff in his County cannot hold Plea of it for no Court can assess a Fine but a Court of Record because a Capias to take the Body is incident to it For it is a Rule in Law Quod placita de transgressione contra pacem Regis in Regno Angliae vi armis factis secundum legem consuetudinem Angliae sine Brevi Regis placitari non debent Neither shall he hold Plea of Trespass for taking away of Charters concerning Inheritance or Freehold for it is a Maxim in Law Quod Placita concernent ' Chart ' seu script ' liberum tenementumâ— tangentia in aliquibus Curiis quae recordum non habent secundum legem consuetudinem Regni Angliae sine Brevi Regis placitari non debent And as inferiour Courts which are not of Record regularly cannot hold Plea of Debt c. or Damages but under 40 s. so the Superiour Courts that are of or Damages regularly unless the Sum amount to 40 s. or above Ne dignitas Curiarum illarum vilesceret ne materiam superaret opus Now as the Superiour Courts ought not to incroach upon the Inferiour so the Inferiour Courts ought not to defraud the Superiour Courts of those Causes that belong to them For Example If in the County Court or other Inferiour Courts they shall divide a Debt of 20 l. into several Pleints under 40 s. in this case the Defendant may plead the same to the Jurisdiction of the Court or may have a prohibition to stay that indirect Suit for as an ancient Record saith Contra jus commune est petere integrum Debitum excedens summam 40 s. per diversas querelas per parcellas scilicet 39 s. 11 d. ob q. The Maxim of the Common Law is Quod placita de catallis debitis c. quae summam 40 s. attingunt vel eam excedunt secundum legem consuctudinem Angliae sine Brevi Regis placitari nondebent And these Words sine Brevi Regis are material Words for by the King 's Writ the Sheriff in the Country Court may hold Plea of Goods debt c. above the Value of 40 s. and by force of the King 's Writ of Justicies he may hold Plea of an Obligation of what Sum soever For Example of 1000 Marks the which Writ is in the nature of a Commission to the Sheriff to hold Plea of Debt above 40 s. The words of which Writ are Rex Vicecom ' salutem Praecipimus tibi quod Justicies A. quod juste sine dilatione reddat B. mille Marcas quas ei debet ut dicit c. ne amplius inde clamorem audiamus pro defectu Justiciae By force of which Writ he may hold Plea of the same and the Process therein is Attachment by his Goods c. but no Capias and altho' the Power of the Court by this Writ is in this particular inlarged and the Words of the Writ to the Sheriff are quod Justicies c. Yet is not the Jurisdiction of the Court as concerning the Judicature thereof altered for those Words of the Writ do not nor can make the Sheriff Judge of that Court in that particular Case for that were to alter the Juristiction and Judicature of the Court whereof by the Common Law the Suitors be Judges which cannot be altered but by Act of Parliament The Plaintiff may remove this Plea without Cause shewed but the Defendant cannot without shewing of Cause Also by force of a Justicies to the Sheriff he may hold Plea of a Trespass Vi Armis See the Register and F. N. B. divers forms of Writs of Justicies in many Actions The Sheriff may also hold Plea in a Replevin of Goods and Chattels above the value of 40 s. For if it be by Writ the Words of the Writ be Rex Vicecom ' c. Praecipimus tibi quod juste sine dilatione replegiari facias B. averiâ— sua Or Bona Catalla sua quae D. cepit injuste detinet ut dicit c. ne amplius inde clamorem audiamus pro defectâ— Justiciae By force of which Writ which is in nature of a Commission the Sheriff may deliver the Beasts or Goods and Chattels of what Value soever And if the Replevin be by Plaint in the County Court the Sheriff by the Statute of Marlebridge may hold Plea of what Value soever The like Writs in the nature of a Commission directed to Sheriffs are the Admeasurement of Pasture Recaption Nativo habendo and many others The said Words Vailent 40 s. al meins have received this Construction that the same must so appear to be of Value in the Plaintiffs Count for it is not sufficient that it appears by Verdict the Sum is under 40 s. For Example if the Plaintiff count in Trespass Debt Detinue Covenant c. to the damage of 40 s. and the Jury find the Damages under 40 s. yet the Plaintiff shall have no Judgment albeit in truth the Case de jure belong'd to the Inferior Courts And it appeareth by this Act that the County Court hath no Jurisdiction to hold Plea de Plagis Maihemiis of Wounds and Maihems but those Pleas must be determined in the King 's Higher Courts but of Battery without wounding or maihming this Act proveth that the Country Court hath Jurisdiction Albeit this Statute speaketh only of the Execution of the Body yet might he have had at the making of this Act a Fieri Fac ' and afterwards by the Stat. W. cap. 45. he may have an Elegit for this Branch being in the Affirmative doth not restrain the Plaintiff to take any other Remedy Coke's 2 Inst 311 312 and 313. In all Writs directed to Sheriffs concerning the County Court the King saith In Comitatu suo and in all Returns of Exigents made by him he saith Ad Comitatum meum tentum c. and the Stile of the Court proveth the same also And by Stat. 33. H. 8. cap. 13. it is provided That the Sheriff of Denbigh shall keep his Shire-Court at the Shire-Hall in the said County c. by which as by many other Parliaments it appeareth That the County or Shire Court is the Court of the Sheriff altho' the Suitors be there Judges in some Cases And as the Custody of the Entries and Rolls thereof do belong to the Office of the Sheriff he shall answer for them as immediate Officer to the Court. And therefore the Sheriff shall appoint Clerks under him in his County Court for whom he shall answer at his Peril The same Law is of the Sheriffs Tourne Coke's 4 Rep. 191. Mitton's Case Resolved That if the Plea be holden by Writ or without Writ the Suitors are Judges The Reason why the Writ is directed to the Lord or Sheriff is because the Court Baron is the Lord's Court and the County Court is the Sheriff's Court. And in case they hold Plea by force