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
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
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
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
est appoint dâ—luy servire durant le temps de son Commission a faire venir devaunt luy 20 ou 18 Seigniours del Parlement a mesme la jour Et puis al jour quant le Seneschalle serra south le drape d'estate sur l'arraignment del prisoner ad fait lye son Commission le dit Serjaunt retourna le dit precept les Seigniours serront de ceo demaund ' quant ils ount apparus serrount en lour places le Constable del Tower serra demaund a amesner al Court son prisoner quel serra conduct per luy al barre Et donques le dit graund Seneschal monstra a le prisoner la cause pour quel le Roy avoit assemble la les Seigniours luy commaundra luy de responder sauns ascun pavour sur ceo causera le Clerk del Coron a lier l'Enditement a luy de luy demander sil soit culpable ou nemy a quel apres que il ad resp ' de rien culpable Le dit Clerk demand ' ouster de luy coment il voile este try A quel il peut dire per Dieu ses Pieres Et maintenant sur coe Les Serjeants Attorney le Roy deneront Evidence vers luy A quel quant le prisoner respondue Le dit Constable serra commaund de retirer le dit prisoner del barre a ascun lieu pour le temps que les dits Seigniors secretment parleront en le dit Court ensemble Et sur ceo les Seigniors se levent suis de lour places consultant ensemble ceo que ils facent ils facent sur lour honours sans ascun seâ—rement d'estre minister a eux Et quant eux touts ou les greinder part de eux sont agrees Ils returneront a lour places seeront Et donque le grand Seneschal demaundera del plus puisne Seignior aperluy sil qui est arraign soit culpable ou nemy issint del cestuy que est prochein al puisne issint del remenant seriatim tanque il est peruse touts chescun des Seigniors respondra aperluy Et donques le dit Seneschal remaundra pur le dit prisoner qui serra reamesnus al barr a qui le dit Seneschal rehersera le Verdit donera Judgment accordant Et cest matter de Tryal est done come semble per le Statute de Magna Charta cap. 29. qui est in cest manner Nullus Liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatur nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum vel per legem terrae Nulli vendemus nulli negabimus aut differemus justitiam vel rectum Stat. 20 Hen. 6.9 Tryal of Dutchesses Countesses and Baronesses for Treason or Felony shall be as Noblemen Peers of the Realm and not otherwise notwithstanding the Statute of Magna Charta cap. 29. which mentioneth Men only to be Tryed by their Peers Mes nul de ceux Statutes ad este mise in ure d'extender a un Evesque ou Abbe coment que ils injoyent le nosme del Seignior de Parlement car ils nont cel nosme d'Evesque ou Abbe ratione Nobilitatis sed ratione Officij ne ont lieu en Parlement in respect de lour Nobility eins in respect de lour possession scil L'auncient Baronies annexes a lour Dignities Et accordant a ceo il y ad divers Presidents d'ont l'un fuist in temps le Roy Henry le 8. Et vide P. 10 E. 4. f. 6. Que un des Piers endite de Treason ou Felony Peut si pleist al Roy estre arraign de ceo en le Parlement donque les Seigniors Espirituels ferront un Procurator pur eux Eo que per le Canonical Leys ils mesmes ne doient condemner ascun a mort Stamford 's Pleas of the Crown fol. 152. The High Court of Chancery CAlled Curia Cancellariae because aâ— some think the Judge of the Couâ—sate antiently Infra Cancellos at thâ— East end of our Churches being separated per Cancellos from the Body of the Church as peculiarly belonging to the Priest were thenâ—â— called Chancels But others derive it â—â—ther from the Power of the Lord Chancellor who is called Cancellarius à Cancellando The highest point of his Power being to Cancel the Kings Letter Patents and damning the Inrollmeâ—â— thereof by drawing strokes through 〈◊〉 like a Lattice in several cases as wheâ—â— the King grants any thing upon faâ—â—â— Suggestion or what by Law he cannot grant And in the Chancery are two Courtâ— one of Ordinary Jurisdiction Coraâ—â— Domino Rege in Cancellaria And thâ—â— other of Extraordinary Jurisdiction The Court of Ordinary Jurisdictioâ—â— proceeds according to the Right Liâ—â— of the Laws and Statutes of the Realâ—â— Secundum Legem Consuetudinem Angliae and hath power to hold Plea 〈◊〉 Scire facias for Repeal of the King 〈◊〉 Letters Patents of Petitions Monstraâ—â— de droits Traverses of Offices Partitions in Chancery of Scire facias upon Recognizance in this Court Writs of Audita Querela to avoid Executions in this Court Dowment in Chancery by the Writ De Dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Statute Staple by the Act of 23 H. 8. But Execution upon Statute Merchant is retornable into the Kings Bench or Common Pleas all personal Actions by or or against an Officer or Minister of this Court in respect of their Service or Attendance there But these if the Parties descend to Issue this Court cannot try by Jury but the Lord Chancellor or Lord Keeper delivereth the Record by his proper Hands into the Kings Bench to be tried there because for that purpose both Courts are accompted but one and after Tryal had to be remanded into Chancery and there Judgment to be given but if there be a Demurrer in Law it shall be argued and adjudged in this Court This Court is Officina Justitiae out of which all Original Writs and Commissions under the great Seal do Issue which great Seal is Clavis Regni and for these ends this Court is ever open And for that if any be wrongfully Imprisoned in the Vacation the Lord Chancellor may grant an Habeas Corpus to do him Justice which only other Courts can do in Term time and also may grant Prohibitions in Term time or Vacation which are not returnable but if not obeyed then may this Court grant an Attachment upon Prohibition returnable either in the Kings Bench or Common Pleas. The Author of Novae Narrationes written about the time of E. 3. saith Curia Cancellariae Regiae est Curia Ordinaria pro Brevibus Originalibus emanandu Sed non Placit is
of Vacation of all which you may read there more at large And concerning Commissions of Oyer and Terminer Ten Conclusions are to be observed 1. That they are not granted but before the Justices of the one Bench or of the other or before the Justices Errant and that for great and horrible Trespasses of the King 's special Grace according to the Statute of W. 2.13 Ed. 1. Commissions are like to the King's Writs such only are to be allowed which have Warrant of Law and continual Allowance in Courts of Justice They cannot proceed upon any Indictment but such only as are taken before themselves They may upon Indictment found proceed the same day against the party Indicted as in Hill 2 H. 4. Rot. 4. Thomas Merx Bishop of Carlisle was before Commissioners of Oyer and Terminer Indicted Tryed and Adjudged for High Treason all in one day And for other Conclusions and their proceedings therein you may read more at large in Coke's Fourth Inst. cap. 28. If any Offence be prohibited by any Statute and name not in what Court it shall be punished or if the Statute appoint that it shall be punished in any Court of Record in both these cases it may be heard and determined before Justices of Oyer and Terminer The King may make a Commission of Association directed to others to joyn with the Justices of Oyer and Terminer and a Writ of Admittance to the Justices of Oyer and Terminer to admit the others into their Society which Writ is close There is also a Writ of Si non omnes directed to the Justices of Oyer and Terminer and to their Associates the Forms of all which you may read in the Register and in F. N. B. And in all these Commissions and Writs the Justices are directed with this Rule Facturi quod ad justitiam pertinet secundum Legem consuetudinem Angliae If the Justices sit by force of the Commission and do not adjourn the Commission it is determined Justices of Oyer and Terminer shall send their Records and Process determined and put in Execution to the Exchequer at Michaelmas every year to be delivered there to the Treasurer and Chamberlain c. to keep them in the Treasury None of these Commissioners or of Assize or of Gaol-delivery or of the Peace or other of the Kings Commissioners are countermanded by any New Commission unless it be shewed unto them for so many as it is shewed unto or that it be proclaimed in the County or that the New Commissioners do sit and keep their Sessions by force of the new Commission whereby the former Commission is countermanded Concerning which see the Statute of 1 Ed. 6. cap. 17. Co. 4. Inst 165. Anno 1 Mariae Stat. 2. cap. 2. Upon conclusion of her Marriage with Philip the Son of the Emperour and Prince of Spain It is provided That the said Prince shall not promote admit or receive to any Office Administration or Benefice in the Realm of England and Dominions thereunto belonging any Stranger or Persons not born under the Dominion and Subjection of the said most Noble Queen Co. 3. Inst 225. Judges and other Officers in Courts may be increased or diminished as need shall require and at Entrance shall take an Oath to serve the King and his People duly Wingate's Abridgment of the Statute of 14 Ed. 3. Title Judgments fol. 303. Association is a Patent sent by the King either of his own motion or at the Suit of the party Plaintiff to the Justices of Assize to have other Persons associated to them And upon that Patent the King will send a Writ to the Justices to admit them and if there be Three Justices and one dye the King may grant a Patent of Association to Associate another to the Two and a Writ which shall be close to the other two to admit him Terms del Ley. Si non omnes Is if those Associated or some of them cannot come then the King may make a Patent for other Justices or for One Justice to be Associated in his Room to take those Assizes and Juries And the Forms of these several Writs of Association you may see in F. N. B. 412 to 418. And if the King make Three Justices to take Assizes and make them a Patent of si non omnes if one of them dye the other two may proceed F. N. B. 416. And the King may make Association in Juries as well as in Assizes as also in Attaints and also one Association after another and any Association may be made to a Sheriff in a Redisseisin and although the Assize be discontinued yet if the other Re-attachment is Sued the Association shall stand good and the si non omnes and a Re-attachment may be sued to revive those Assizes altho' there be several Adjournments and the Associations and si non omnes shall serve for all the Assizes F. N. B. 417 418. Bailiff in Magna Charta extendeth to any Judge or Minister of the King and Bailie le Roy is understood Justice le Roy Coke's 1 Inst 168. Justices of Assize have also Commissions of Oyer and Terminer of Gaol-delivery and of the Peace of Association si non omnes throughout their Circuits so as they are armed with simple yet ordinary Jurisdiction they sometimes being bounded with express Limitations Facturi quod ad Justitiam pertinet secundum Legem Consuetudinem Angliae And in former time according to their Original Institution and their Commission both the Justices joyned both in Common Pleas and Pleas of the Crown Coke's 1. Inst 263. a. In ancient time Prelates as well as other Noble-men were Chancellors Treasurers and Judges being Expert and well Learned in the Laws of the Realm Coke's 1 Inst 304 8. Coke's 2 Inst. 98 265. Capitalis Justiciarius in Glanvil is taken for Custos Regni who may name Justices and Original Writs shall bear Teste under his name which no Officer may do whilst the King is within the Realm In the time of Ed. 1. Justices would not proceed in Case of the Death of Man without the King 's Writ By Magna Charta cap. 26. Nihil de caetero detur pro brevi inquisitionis ab eo qui inquisitionem petit de vita vel de membris sed gratis concedatur non negetur Breve inquisitionis being the Writ Odio and Atia anciently called Breve de bono malo by this Statute of Life and Member which the Common Law gave to a Man that was Imprisoned though it were for the most hainous Crime for the Death of a Man for the which without the King 's Writ he could not be Bailed yet the Law favouring the Liberty and Freedom of a Man from Imprisonment and that he should not be detained in Prison until the Justices in Eyre should come at what time he was to be Tried he might Sue out this Writ of Inquisition directed to the Sheriff Quod assumptis tecum custodibus placitorum Coronae
Honoured his Son J. Duke of Lancaster therewith for Term of his Life It is called Comitatus Palatinus a County Palatine à Comitatu Palatio Regis because the Owner be he Duke or Earl c. Hath in that County Jura Regalia as fully as the King had in his Palace And he may have his Chancery and Writs under his Seal for the Office of the Chancellor to Depute Justices as well touching Pleas of the Crown as all other Pleas and Execution of Writs and making Officers and Servants and all other as by the Letters Patents above mentioned granted in Parliament appears And the King may Erect a County Palatine without Parliament by his Letters Patents But now by the Statute of 27 H. 8. cap. 24. several of those Jura Regalia are taken from them and recontinued and annexed to the Crown And all Writs are now to be made in the King's Name but the Teste in Name of him who hath the County Palatine And they shall have Forfeiture of Lands and Goods for High-Treason which Forfeiture accreweth by the Common Law But Forfeitures given after the Erection of the County Palatine by an Act of Parliament they shall not have Justices of Assize of Gaol-Delivery and of the Peace are and ever since the Erection have been Assigned by Commission under the Seal of the County Palatine of Lancaster Fines were levied with 3 Proclamations c. before the Justices of Assize there or one of them and all Recoveries to be had of Lands there are to be had in the Court of the County Palatine at Lancaster and not at Westminster All Lands c. Parcel of this Dutchy given to the King by the Statute of Monasteries Chantries c. are still within the Survey of the Dutchy Lands within the County Palatine should pass by the Dukes Charter without Livery of Seisin or Attornment But of Lands parcel of a Manor annexed to the Dutchy without the County Palatine there ought to be Livery of Seisin and Attornment of Tenants and in the same Degree is it in the King's Case The Proceedings in this Court of the Dutchy Chamber at Westminster is as in a Court of Chancery for Lands and other Matters within the Jurisdiction of the Court by English Bill c. and Decree But this Chancery is not a mixt Court as the Chancery of England is partly of the Common Law and partly of Equity but admitting only some small mixture of the Common Law in some Cases And in some Cases they are led by their proper Customs and Prescriptions respectively The Process of this Court is by Privy Seal Attachment and Commission of Rebellion as in the Chancery The Officers of this Court be the Chancellor The Attorney The Receiver General Clerk of the Court The Auditors Surveyors The Messenger There is an Attorney of the Dutchy in Chancery and another in the Exchequer And there are Four Learned in the Law Assistants and of Councel with the Court. The Seal of the Dutchy of Lancaster remains with the Chancellor at Westminster And the Seal of the County Palatine remains in a Chest in the County Palatine under the safe Custody of the Keeper thereof All Grants and Leases of Lands Offices c. in the County Palatine of Lancaster shall pass under that Seal and no other And all those out of the County Palatine and within the Survey of the Dutchy under the Seal of the Dutchy See the Statute of 27 Hen. 8. cap. 24. For the great Royalties Priviledges c. the Duke of Lancaster had for him his Men and Tenants which are necessary to be known by all concerned in those Possessions and other matters concerning the same See Coke's 4 Institutes 36. and Books and Records their recited And the Statute of 16 and 17 Car. 1. c. 10. For dissolving the Court of Star-Chamber and annulling and making void the like Jurisdiction excercised in the Court called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court c. The Courts of the County Palatine of Chester THis is the most Ancicent and most Honourable County Palatine remaining at this Day with which Dignity the King 's Eldest Son hath been of long time honoured And this is a County Palatine by Prescription Within this County Palatine and the County of the City of Chester there is and aciently hath been a principal Officer called the Chamberlain of Chester who time out of mind hath had the Jurisdiction of a Chancellor and the Court of Exchequer at Chester is and hath time out of mind been the Chancery Court for the said County Palatine whereof the Chamberlain of Chester is Judge in Equity He is also Judge of Matters at the Common Law within the said County as in the Court of Chancery at Westminster for the Court of Chancery is a mixt Court There is also a Vice-Chamberlain which is the Deputy of the Chamberlain And also the Justice called the Justice of Chester who hath Jurisdiction to hear and determine Matters of the Crown and of Common-Pleas Of Fines and Recoveries levied and suffered as well within the County Palatine as of the City of Chester For which and much more concerning the same See Coke's 4 Institutes cap. 37. and the Statute of 16 17 Car. 1. c. 10. For disabling the Court of Star Chamber and Annulling and making void the like Jurisdiction exercised in the Court of Exchequer in the County Palatine of Chester held before the Chamberlain and Council of that Court. The Courts of the County Palatine of Durham THis is also a County Palatine by Prescription parcel of the Bishoprick of Durham and raised soon after the time of the Conqueror Here is a Court of Chancery which is a mixt Court both of Law and Equity as in the Chancery at Westminster But herein it differeth from the rest that if any Erroneous Judgment be given either in the Chancery upon a Judgment there according to the Common Law or before the Justices of the Bishop a Writ of Error shall be brought before the Bishop himself and if he give Erroneous Judgment thereupon a Writ of Error shall be sued Returnable in the King 's Bench. If the Bishop do wrong within his County Palatine for that he cannot be Judge in his own Cause Justices shall be Assigned to hear and determine the Cause as was done in the case when Richardus de Hoton Prior Dunelm ' queritur de Anthonio Episcopo Dunelm ' alledging several Plaints against the Bishop whereupon Issue was Joyned and Verdict given against the Bishop And by that Record which was Termino Paschae 30 E. 1. it appears the Bishop had within the County of Duresme Regalitatem suam And more concerning the same you may Read in Coke's 4 Institutes cap. 38. The Royal Franchise of Ely KIng Henry the first of the Rich Monastery of Ely made a Cathedral Church and of the Abbey made a Bishoprick and for his Diocess Assigned him 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
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
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
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
the year and the Foresters ought to present their Attachments at the next Swanimote Court and the Freeholders within the Forest are to appear at the Swanimote to make Inquest and Juries And this Court may Inquire De superoneratione Forestariorum aliorum Ministrorum Forestae de eorum Oppressionibus Populo Nostro illatis And this Court may not only Inquire but Convict also but not give Judgment The Court of the Justice Seat holden before the Justice in Eyre of the Forest who hath Authority and Jurisdiction to hear and determine concerning Vert and Venison by force of Letters Patents under the Great Seal whereof there be Two One for the Forests on this side Trent the other beyond Trent by which Letters Patents the King doth grant unto him Officium Guardiani Capitalis Justiciarij ac Justiciarij sui itinerantis omnium singularum Forestarum Parcorum Warrenarum suarum cum suis Pertinentijs quibuscunque ultra Trentam Existen ' c. Dante 's concedentes eidem A. B. plenam Authoritatem Potestatem tenore praedictarum Litterarum Patentium Omnia omnimoda Placita Querelas Causas Forestarum Parcorum Chacearum Warrenarum praed ' tam de Viridi Gram ' quam de Venatione ac de alijs causis quibuscunque infra easdem Forestas Parcos Chaceas Warrenas eveniend ' sive emergen ' audiend ' determinand ' habend ' Occupand ' Gaudend ' Exercend ' Officio praed ' cum pertin ' per se vel per sufficient ' Deputatum suum sive Deputatos suos suffic ' durante vita ipsius A. B. c. And this Court of the Justice Seat cannot be kept oftner than every Third year and other Justices in Eyre kept their Courts every Seventh year And it must be Summoned Forty days at least before the Sitting thereof And one Writ of Summons is directed Custodi Forestae Domini Regis vel ejus Locum tenenti in eadem And this Writ consists of two parts First To Summon all the Officers of the Forest and that they bring with them all Records c. Secondly All persons who claim any Liberties or Franchises within the Forest c. and to shew how they claim the same And this Court of Justice Seat hath Jurisdicton to Inquire hear and determine two things First All Trespasses within the Forest according to the Laws of the Forest Secondly All the claims of Franchises Priviledges and Liberties within the Forest as to have Parks Warrens Vivaries to be quit of Asserts and purprestures To cut down his own Woods without view of the Forester c. And this Chief Justice may by the Statute of 32 Hen. 8. cap. 35. make his Deputy And for Reparation to the Justice Seat is a Writ of Regard directed to the Sheriff of the County as followeth REx Vic Salutem Praecipimus tibi quod venire fac ' certis die loco quos ad hoc duxerimus providend ' Omnes Forestarios Regardatores de Sherwood ad Regard ' faciend ' in Forest ' praed ' ante adveni ' Justiciariorum nostrorum de Foresta loco Regardatorum nostrorum qui mortui sunt infirmi alios Eligi fac ' Ita quod 12 sunt in quolibet Regard ' Nomina illorum imbrevientur Et Forestar ' debent Jurare quod 12 Milites ducent per totam Ballivam suam advidendum omnes Transgressiones quae exprimuntur in Scriptis Capitulorum quae tibi mittimus hoc non omittent pro aliqua re Debent etiam Milites jurare quod facient Regard ' sicut debet fieri solet Et quod ibunt sicut Forestar ' eos ducent ad praedicta videnda Et si Forest ' noluerint eos ducere vel aliquid forisfact ' Concelare noluerint ipsi milites non Omittent pro illis quin forisfac ' illud videant imbreviari faciant Et hoc pro nulla re demmittant Et quod regard ' fiat cira Fest ' Beati Petri ad Vincula prox futur ' Teste c. For the Duty of Foresters Verderours Agistators c. in presenting Offences in the Forest Vide Ordinatio Forestae 34 Ed. 1. and Coke's 4 Inst cap 73. Any person having right to make any claim may in person or by Attorney the first day of the Eyre Exhibit his Petition But he shall be fined if he make false Claim The other Writ of Summons is directed to the Sheriff of the County and the substance thereof is to Summon all Archbishops Bishops Abbots c. having Lands c. within the Forest and Four Men of every Village within the Forest and all others who ought to come before the Justices of the Pleas of the Forest That they be at Pickering Launce c. before Four Great Learned Men Justices in Eyre of the Forest to do what thereunto belongs and to bring their Regards with all Attachments c. To which the Sheriffs make a full Return c. And next we are to speak somewhat of The Laws of the Forest which consist chiefly of the Statute De Charta de Foresta and Ordinatio de Foresta 34. E. 1. And Forest Laws of England which are certain and established by Authority of Parliament Of which you may Read in the Statutes at large And of Forests in England are Sixty nine of so great Antiquity that no Record or History doth mention their Beginnings Except New Forest in Hampshire Erected by W. the Conquerour as Conquerour And Hampton Court Forest Erected by Hen. 8. by Authority of Parliament And now we come to speak of The Metes and Bounds of the Forest according to Charta de Foresta Hugh de Nevill and Bryan de Lisle were appointed Commissioners to Inquire what were the ancient Metes and Bounds of such Forests as Hen. 2. Or any King after him had enlarged which with divers other Perambulations and Deaforestations were made and are returned into the Chancery and remain of Record in the Tower And a Perambulation of the Forest of Sherwood was made the 9 of Sept. 30 Hen. 8. By Robert Brimesly and Fifteen others Regarders of that Forest which Perambulation began from the King's Castle of Nottingham and from thence proceeding to Kingsbridge Meadow Gate from thence by the Old Trent unto the Old Watercourse of Leen c. round the Forest And now this leads incidently to speak of The Purlieus which containeth such grounds as H. 2. R. 1. or King John added to their Ancient Forests over others Mens grounds and which were Disaforested by force of the Statute of Charta de Forest ' cap. 1. 3. and the Perambulations and Grants thereupon is derived from a French Adjective and a French Noun viz. Pur which signifieth clear entire and exempt and Lieu that is place as a place clear and exempt from the Forest And both of these derived from the Latin adjective and Noun viz. Purus Locus And the Serambulation whereby the Purlieu is Deafforested is called
Quarter-Sessions of which you may read more in Authors at large And this Special Sessions is also sometimes called Statute Sessions It being enjoyned by several Statutes that they with the Constables of every Hundred do meet and that Masters and Servants do appear for deciding Differences Rating Servant's Wages and bestowing of People are fit to Serve and Refuse or cannot get Masters in Service And now a word or two of their manner of Proceeding which in an ordinary way lieth in Three things 1. Information 2 Hearing and Tryal 3. In giving Judgment and doing Execution By Information the Judges of these Courts take knowledge of Offences either by presentment of Publick Officers as Stewards of Leets Supervisors of High-ways Constables or the like And these are not sent to the Grand Jury to be found by them but are a Perfect Information of themselves to which the party accused must answer And the Information given by the Jury is Two ways either by Indictment or Presentment and the Justices are to receive in this such Indictments they ought but none other and they must ex officio see they are well drawn A Justice may present Defaults as of High-ways c. upon his own View-And any Man may Inform against Offenders without danger But these Common Informers must be allowed of Record and if once turned out are never again to be admitted and must prosecute within the time limited by the Statute of 31 Eliz. and must bring his Informations in the same County and to these ends must be sworn 21 Jac. 1.4 And now we proceed to Hearing and Tryal in which are included the Calling the party his Appearance and Defence The Process for Calling the party upon Indictments for Treason or Felony is 1. Capias 2. Alias Capias 3. Exigi facias If for Indictments of Lesser offences a Venire facias and if Sufficient then Distringas and Process Infinite But if Nihil habet be Returned then Capias Alias Pluries and Exigi facias The Process upon any Indictment or Presentment for an Offence against a Statute shall be such as the Statute shall direct otherwise the Ordinary Process of the Common Law There are other Processes as Freri Facias and Capias after Judgment for doing Execution 5 amp 6 Ed. 6.14 and in some cases Elegit See 31 Eliz. 7. But touching Process Three things must be observed 1. That no Process Issue but upon Inquisition of Twelve Men or Return of a Sworn Officer some Special Cases excepted 2. They are not granted upon Suggestion by Word or Writing 3. Nor may Process Issue but Sedente Curia And sometimes the party comes in by Recognizances which are to be Certisied to the next Sessions after they are taken when and where the Appearance of the party or his Default of Appearance is Recorded and Certified And Bail is to be taken Quando stat indifferenter but not otherwise The Justices cannot Award Process upon Recognizance forfeited but must certifie the same and the cause of Forfeiture into some of the Courts of Record at Westminster That Process may Issue from thence Supersedew from above must be brought by the party at the Sessions for if he send it will scarcely be allowed If one be bound to appear at the Quarter Sessions he must appear there If at the Sessions he may appear at any Sessions Dalt J.P. 237. Certiorari coming before the day to remove the Recognizance into the Chancery or Kings Bench will discharge the appearance Dalt J. P. 237. After Appearance the Party must either confess and submit to the Fine or Traverse the Charge and if so he must be bound to Prosecute it unless it be Tryed presently which must be by Pety-Jury And this is called an Arraignment or Tryal and if they pass for the King And find him guilty of the offence or he confess it or stand out an Utlary so that it come to a Conviction Then are the Justices to give Judgment and see Execution done according to Law In which they must observe these Rules First In giving Judgment They must adjudge Men according to Law For where the Law appointeth a Corporal they may not inflict a Pecuniary Punishment Et sic è converso Neither may the change the Degree of Punishment They have power to inflict Corporal Punishments as Death cutting of the Parts of the Body Burning or Marking Imprisoning Whipping Stocking or Cucking Stool and Pecuniary Punishments as loss of Offices Lands or Goods Fines or Issues Amerciaments In fame as to Brand a Man that is Perjured that his Testimony afterwards shall be of no Credit They may not set a Fine or Amerciament but Sedente Curia and all Fines must be reasonable Where the Stature appoints a Penalty no other can be imposed neither may the Justices mitigate it after the Party is Convicted by Confession or otherwise But if the Party Indicted before his Conviction come into Court and Protest his Innocency yet Quia noluit placitare c. he putteth himeself to the grace of the Court the Justices may and do usually Impose a Moderate Fine and by Order forbear the prosecution Other Judgments being rarely or more seldom given or Executed by Order of these Courts or the Sessions But the Pillory Whipping or Fine The Execution of the two first being commonly known we shall only speake of The Fine which if it be at Common Law hath Imprisonment incident till it be paid yet in such Case the Justices may take a Recognizance for Payment of it and deliver the Party out of Prison or they may cause the Clerk of the Peace to Estreat all Fines and Amerciaments by Indenture into the Exchequer for the Sheriff to levy and they are to keep one part of the Indenture themselves Thus having giving a Short view of the Jurisdictions and Proceedings of these Justices in their Sessions I refer all other Matters concerning them and their Authority to the Authors who have written largely upon that Subject The Court of Inquiry of the Defaults of Justices of Peace Justices of Assize Sheriffs and Under-sheriffs c. THis Court is raised by the Statute of 2 Hen. 5. And is a Court only of Inquiry touching the Execution of the Statute of 13 Hen. 4 cap. 7. concerning Riots Routs and unlawful Assemblies And they are to certifie their Inquests incontinently into the Chancery As by the said Statute more at large appeareth See 19 Hen. 7. cap. 13. For the Execution of Laws in each County THe King every Michaelmas Term upon nominating six by the Justices Itinerant Three whereof are Struck out by the Lord Chancellor Treasurer and Judges out of the remaining three about Crastino Animarum yearly pricks one fit person for Sheriff of each County except for Westmoreland and Durham which are Hereditary who is to Execute the Kings Mandates and all Writs directed to him out of the Kings Courts Impannel Juries bring Causes and Criminals to Tryal and to see Sentences both in Civil and Criminal Affairs
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
can Examine after Judgment 10 Hen. 6.14 15. Also there is a practise called Marking of a Cause before the Lord Mayor which is after a Verdict given for the Plaintiff in the Sheriffs Court the Defendant may get the Cause marked by one of the Clerks in the Lord Mayor's Court to stay Judgment and Execution until the matter be Examined in Equity where the Lord Mayor doth oftentimes mitigate the Damages or give the Defendant time to pay it c. This Court is held Mondays Tuesdays and every day if the Lord Mayor please to sit The Court of the Mayor and Aldermen THis is a Court of Record consisting of the Lord Mayor Recorder and Twenty three Aldermen whereof the Two Sheriffs are part And their Proceedings is by Arrest of the Body or Attachment of the Defendants Goods and in that case much like the other Courts of Common Law By the Statute of 43 Eliz. cap. 12. They have power to correct Errors used for default of good Governance c. in the City The Court of Orphans THe Mayor and Aldermen by Custom have the Custody of Orphans within the City And if they commit the custody to another Man he should have a Ravishment of Ward if the Orphan be taken away And they shall have custody of the Lands and Goods of such Orphans A Recognizance may be acknowledg'd in this Court before the Mayor and Aldermen to the Chamberlain for Orphans and he being a sole Corporation the Recognizance and Bond made to him and his Successors concerning Orphans shall by Custom go to his Successors Executors or Administrator are to Exhibite true Inventories before the Lord Mayor and Aldermen and give Security by Rocognizance or the Court may commit them to Prison till they do it If the Father advance any of his Children by part of his Goods that shall bar him to demand any further unless the Father under his Hand or by Will declare it was but in part of Advancement and then that Child putting his part in Hotchpot with the Executors and Widow may have a Third part of the whole and this the Civil Law calls Collatio Bonorum How the Goods of a Freeman shall be divided See Coke's 1 Inst Sect. 207. The Court of Common Councel THis is held by the Lord Mayor Aldermen and Commonalty Resembling the High Court of Parliament The Commonalty being chosen out of every Ward constitute the Lower House and Represent all the Commonalty of the City Here they make Acts for the better Government of the City For the Execution of the Laws and Statutes of this Realm Pro Bono publico and for the better advancement of Trade and Traffick Provided such Constitutions be not contrary to the Laws of the Realm And these being made by Mayor Aldermen and Commonalty do bind within the City And they of the Common Assembly do give their Assent by holding up their Hands The Court of Wardmote Inquest THis Resembles the Country Leets Every Ward being as a Hundred and the Parishes as Towns And in in every Ward there is an Inquest of Twelve or more Sworn every year to Inquire of and present Nusances and other Offences within the Ward The Court of Hallmote THis is as much as to say The Court of the Hall being the Court which every Company in London keeps in their Halls which was anciently called The Hallmote or Folke Mote The Chamberlain 's Court for Apprentices BEfore the Chamberlain all Indentures of Apprentices are or ought to be Inrolled and if they be not Inrolled and if they be not Inrolled the Apprentice may refuse to Serve and Sue out his Indenture in this Court at his Pleasure and be discharged of his Master The Chamberlain is Judge in all Complaints either of the Servant against the Master or Master against the Servant and punisheth the Offenders at his Discretion In this Court are all Apprentices made Free And that may be Three manner of ways By Service as are Apprentices By Birthright as being the Son of a Freeman which is called Freedom by his Fathers Copy or by Redemption by Order of the Court of Aldermen The Court of the Conservator of the Water and River of Thames THe Lord Major of London for the time being is the Conservator or Governor of the River of Thames and the Issues Breaches and Lands overflown from Stanes Bridge to the Waters of Yendal or Medway And hath Authority for punishment of such as use unlawful Netts or Engins in Fishing or take Fish under Size or unseasonably c. 4 Hen. 7. cap. 15. And in all Commissions touching the Water of Lee the Lord Mayor shall be one 3 Jac. cap. 14. The Court of the Coroner in London THe Mayor is Coroner within the City And this Court is holden before him or his Deputy See Coroner before in the Counties The Court of Escheator in London THe Lord Mayor is also Escheator within the City And this Court is holden before him or his Deputy Vide Escheator before in Counties The Court of Policies and Assurances THis Court Sitteth by Force of the Commission under the Great Seal Warranted by Act of Parliament Ann. 43 Eliz. cap. 12. there being an Officer or Clerk to Register Assurances The Jurisdiction of which Court you may read in that Act of Parliament being for Incouragement of Trade The Judge of the Admiralty Recorder Two Doctors of Civil Law Two Common Lawyers Eight Merchants or any five of them to determine all differences concerning Assurances as they shall think fit without Formalities of Pleadings And to Commit to Prison without Bail all such as disobey their Decrees And to that end they are to meet once a Week at the Assurance Office and not to take any Fee If any be grieved by their Decree he may Exhibit his Bill in Chancery for Re-examination of that Decree The Lord Mayor is Chief Judge at the Court or Sessions of Gaol Delivery held Eight times in the year or oftner at the Sessions-House in the Old Baily for the City of London and County of Middlesex for the Tryal of Criminals and hath power to Reprieve Condemned persons The Tradesmen in London are divided into Corporations or Companies and are so many Bodies Politick of these Twelve are called Chief Companies and he that is chosen Lord Mayor if he be not before must be made Free of one of these Companies viz. Mercers Grocers Drapers Fishmongers Goldsmiths Skinners Merchant Taylors Haberdashers Salters Ironmongers Vintners Cloth-Workers All which Companies have Assembling places called Halls and each of them hath a Master chosen Annually from amongst themselves and Subordinate Governours called Wardens or Assistants And these in their Companies exactly correspond to the General Government of the City Several of our Kings have to honour some of these Companies taken their Freedom of it as VII several Kings had been of the Taylors Company whereof the last of these Seven being King Henry the 7th gave them the Name and Title of Merchant Taylors
dignioribus est credendum Tessemoignes ne poent testifie le negative mes l'affirmative Allegans contraria non est audiendus verum vero consentiens est falsum nec vero nec falso Juramentum est indivisibile non est admittendum in parte verum in parte falsum Allegans suam turpitudinem non est audiendus Coke's 4 Inst 279. Antiquity did add hijs Testibus in the Continent of the Deed after the In cujus rei Testimonium written with the same Hands the Deed was which Witnesses were called The Deed read and then their Names entred And this is called Charter Land and by the Saxons Bookland which Clause of hijs Testibus continued until and in the Reign of Hen. 8. but is now wholly ommitted Before Stat. 12. Ed. 2. cap. 2. Process should be awarded against the Witnesses and therefore that Statute was but in Affirmance of the Common Law But the delay therein was great And sometimes tho' rarely the Exceptions to those Witnesses being found true they were not to be Sworn at all neither to be joyned to the Jury nor as Witnesses As if the Witness were Infamous as Attainted of False Verdict or Conspiracy at Suit of the King Convict of Perjury Forgery Felony or Praemunire or by Judgment lost his Ears or stood upon the Pillory or Tumbrel or been Stigmaticus whereby they become Infamous for some Offences Quae sunt minoris Culpae sunt Majoris Infamiae If a Champion in a Writ of Right become recreant he thereby loseth Liberam Legem becomes Infamous and can be no Witness or if a Witness be an Infidel or non sanae memoriae or not of Discretion or a Party interested or the like But a Man may be challenged to be of a Jury that cannot be challenged to be a Witness and Witnesses cannot prove a Negative of all which you may Read more in Coke's 1 Inst 6. a. b. Coke's 2 Inst 662. When Tryal is by Witnesses regularly the Affirmative ought to be proved by 2 or 3 Witnesses But when it is by Verdict of 12 Men There the Judgment is not given upon Witnesses or other kinds of Evidences But upon the Verdict and upon such Evidence as is given to the Jury they give their Verdict Bracton saith There is Probatio duplex That is Viva as by Witnesses Viva Voce Mortua as by Deed Writings and Instruments And many times Jurors are with other matter much induced by presumption which is of three sorts Praesumptio Violenta which is many times Plena probatio Praesumptio probabilis which moveth litle and Praesumptio levis seu temeraria which moveth not at all If all the Witnesses to a Charter or Deed be Dead then violent presumption which stands for a proof is continual and quiet Possession A Wife cannot be a Witness for or against her Husband for they are Duae animae in carne una And in some Cases Women by Law are wholly excluded to bear Testimony A Party cannot be Witness against the Usurer And he that Challengeth a Right to the thing in Demand cannot be a Witness for that he is a Party in Interest Coke's 1 Inst. 6. a. b. 25. a. Witnesses Viva voce whereupon Jurors try matter of Fact are much better Courses than the Conscience of one particular Man Guided by Paper Proofs Coke's 2 Inst 111. Bracton saith Post intervallum temporis Accusator non erit audiendus nisi dicere potest se fuisse justis rationibus impeditum In Misprision of Treason there ought to be two Witnesses as well upon Tryal as upon Indictment By Stat. 1 5 Ed. 6. None shall be Indicted Arraigned Condemned Convicted or Attainted of any the Treasons aforesaid or other Treasons unless accused by two lawful Witnesses Coke's 3 Inst 24 25. One may not be Accuser by hear-say ibidem No Act of Parliament Ancient Author Book Case or Record That in Criminal Cases the Party accused should not have Witnesses Sworn for him Coke's 3 Inst. 79. In some Cases as in Dower c. The Courts of Common Law Judge by Witnesses but they must ever be Viva Voce An Alien if not Infidel may be a Witness and how Examiners and Witnesses ought to behave themselves See Coke's 4. Inst. 278 279. Proof is intended Tryal by Verdict and an Extent and Appraisement ought to be per Sacramentum duodecim and not by the Sheriffs But if the Sheriff upon a Fieri facias Sell all the Interest the Defendant had in the Land the Sale is good notwithstanding misrecital of the Term The like if he do not take upon him to recite the Term otherwise than pro Termino diversorum annorum ex tunc ventur ' it is good Coke's 4 Rep. 74. No proof allowed by Law but the Verdict of 12 Men Coke's 5 Rep. 108. Sir Henry Constable's Case If it be generally spoken of proof generally altho' there be many proofs in Law yet it shall be of the best proof and that is by Jury See more of General Expressions in other Cases Coke's 6 Rep. 20 Gregories's Case If a Man be bound to prove a thing he ought to prove it by the principal proof in Law and that is by Jury Coke's 11 Rep. 39. Metcalf's Case Tryals per Primos Juratores alios Et per Primos only By Jury with Witnesses adjoyned See Coke's 9 Rep. 32. Case of Abbot of Strata Marcella and Statutes and Books there mentioned Where Witnesses not appearing shall forseit Issues See Stat. 12 E. 2. And where convenient Charges being tendred they shall forfeit 10 l. See Stat. 5 El. 9. Besides the 10 l. shall forfeit such Damages for Recompence as the Judge shall think fit ibid. Witnesses upon Statute of Bankrupts allowed their Charges See Statutes concerning Bankrupts Null Justice Null Minister le Roy c. Ne eit power a Mitter Frank home Serement faire sans le Comandment le Roy Coke's 2 Inst 44. By Stat. de Marlebridge Nullus possit distringere Liberae Tenentes suos ad respondendum de aliquibus ad liberum Tenementum suum spectantibus nec jurare faciet contra voluntatem suam Coke ' 2 Inst 142 143. A new Oath cannot be imposed upon any Judge Commissioner or other Subject without Authority of Parliament or by Common Law Time out of mind By Stat. Articuli super Chartas Vicecomites non permittant quod Laici in Balliva sua conveniunt ad aliquas recognitiones per Sacramenta sua faciendum nisi in Causis Matrimonialibus Testamentarijs Coke's 2 Inst 600. Persons proceeded against Ex Officio ought to have the Cause made known to them before their Examination that it may appear whether the Cause be of Ecclesiastical Cognizance for otherwise they ought not to Examin them upon Oath Coke's 2 Inst 618. Clergy Men better able to take Juramentum Calumniae for concerning the Testimony of Witnesses in the Ecclesiastical Court the Act of Articuli c. above extends not unto but if in a Penal Law the
if any such Person had come to this Court the Steward ought to have given him this Oath If any Customs or Profits as Treasure Trove Waif Estray or Wreck be withheld from the Lord of the Leet or if any claim any Royal Franchise or levy any new Franchise or abuse any old Franchise within the Leet All common and popular Nusances or Grievances done to the Kings Subjects by Purprestures made in any Land Wood or Water by Walls Hedges Ditches or Houses made up or broken down by straightning turning stopping surrounding or otherwise hurting the common Ways Bridges or Waters by poisoning or corrupting the Air by laying of any Carrion or Filth by selling of corrupt and unwholsom Provision or by the breaking of the due Assize of Bread Beer c. By Erecting Cottages and suffering Inmates by not scowring Ditches or not repairing Highways and Bridges and the like And for all these be the Offend or one Man or a whole Parish he or they may be Amerced and the Jury may order the Reforming of them under a Pain And all great Affrays Outcries and Bloodsheds and such like popular Trespasses which are Trespasses by the Common Law Riots Routs and unlawful Assemblies at the Common Law are punishable in this Court and for this the Offendors are to be Amerced according to Discretion but this must be reasonable and the reasonableness tryable and avoidable by Plea or Judgment of the Court in which the Suit depends Evil Members and persons of ill Behaviour that are dangerous to the Neighbours as Malefactors in Parks such as take Doves by Engines such as are common suspected Thieves or that are the common Messengers of Thieves the common Drunkards the common Haunters of Alehouses or Taverns not having whereon to live Nightwalkers and Day-sleepers that live idlely that have no Estate yet fare well Eves-droppers common Hedge-breakers common Peace breakers Railers and Sowers of Discord between Neighbours Keepers or Haunters of Bawdy-houses common Scolds common Barretors common Usurers Innkeepers who do commonly entertain Thieves and suspicious Persons knowing or suspecting them to be so and such as do remove Bounds or Landmarks between Parishes Hundreds or Counties but not such as remove Bounds between Persons only These last the Steward of this Court heretofore might have bound to the Peace or Good Behaviour but at this day he can only by the Presentment of the Jury Amerce them or make way to have them bound to their Good Behaviour by a Justice of Peace Constables Tythingmen Haywards Aleconners Bailiffs and such like Officers which are chosen and sworn in this Court if any such being chosen refuse the Office and to take the Oath or accepting doth not execute his Office duly or misbehave himself therein as if Constables and Tythingmen do not take care of Watch and Ward keeping the Peace raise Hue and Cry and pursue it for the apprehending Felons when any Felony is done or raise Hue and Cry when none is done or do not punish Rogues and the like or Tythingmen Chief Pledges Surveyors of High-ways Searchers and Sealers of Leather and such like Officers as do not their Duty All that Rescue Persons or Things taken in a course of Law as Rescuers of Persons Arrested or Goods or Cattel Distreined Pound-breakers and the like The lack of Stocks Pillory and Tumbrel Cucking-stool or Common Pound All that use Deceit in Buying and Selling that Sell false Wares for good especially if it be that which is to be Eaten or Drunk That Sell by false Weights and Measures Inn-keepers Victuallers Brewers Bakers Fishers Poulterers or Fishmongers that Sell that which is unwholsome for Food or Sell at unreasonable Prices Bakers and Brewers that do not keep the Assize of Bread and Beer and Millers that take excessive Toll Forestallers Regrators and Ingrossers may be punished in this Court by the Common Law And Usurers as Enemies to Trading But in these and such like Cases the Penalty of the Statute cannot be Imposed for Stewards have no Power by the Statutes but it is punished here as an Offence at the Common Law before the Statute which doth remain still and for these the Offender is to be amerced 2. By Statute Law are punishable Tanners Curriers Shoomakers Searchers and Sealers of Leather such as offend about Fish Malt Archery Guns Unlawful Games Artificers and Labourers Musters Highways Horses Hostlers and Victuallers about the price of Wine Pheasants Partridges Tracers of Hares Hunting in Corn about Cottages and Inmates about Drinking and Drunkenness Watering of Hemp where Cattle Drink about Rogues Crows c. Of all these and some others this Court may Inquire by Authority of divers Acts of Parliament for all which see Shepheard's Court-keepers Guide Coke's 4 Inst. and other Authors and the Statutes at large The Articles to be enquired of by the Leet by 18 Ed. 2. were inquirable therein by the Common Law This Court cannot take Indictments of any Felony for the death of a Man or in any other case where it hath not Cognizance And if it do it is void and it seems the Judge may be punished for it Neither can it take a Presentment of an offence done against a Parish or against a Man The like of Presentments of any thing which is not within the Jurisdiction of the Court. The Jury in this Court may make By-Laws and enquire of the breach of them as they have been used to do And for Cawseys High-ways and Bridges the greater part may bind the rest without consent 44 Ed. 3.19 But no By-Law can be made to Imprison Refusers but Distress and Action of Debt in this Case is the proper Remedy for a Penalty Imposed or Breach of a By-Law Coke's 5 Rep. 64. Shepheard's Court-keepers Guide cap. 39. The manner of Summoning this Court Proceeding therein and Adjournment and Discharging thereof you may see in Kitchins Court Leet Shepheard's Court-keepers Guide and other Authors Visus Franc ' Pleg ' i. e. Libere Fide jussores was instituted for the keeping of the King's Peace that every Freeman at his Age of 12 years should in the Leet if he were in any or in the Tourn take the Oath of Allegiance to the King and that Pledges or Sureties should be found for his Truth to the King and to all his People or else to be kept in Prison This Frank-pledge consisted most commonly of ten Housholds which the Saxons called Theothung in the North parts they call him Tenementale in other places of England Tything whereof the Masters of the Nine Families who were bound were of the Saxons called Freeborgh which in some places is to this day called Freebarow i. e. Free Surety or Frank-pledge And the Master of the 10th Houshold was by the Saxons called by divers Names viz. Theothungmon to this day in the West called Tythingman and Tihenheofod and Freoborher i. e. Capitalis plegius chief Pledge and these Ten Masters of Families were bound one for anothers Family that each Man of their
to appoint for whom they will answer and such as are sufficient and will be Faithful and Diligent in their places In the same manner we have Ordained in the Right of the Barons of the Exchequer that we have expresly charged them in our presence that they shall do Right and Reason to all our Subjects and that they shall deliver the People reasonably and without delay c. And more of the Officers of this Court and their Duty you may read in the Statutes at large Resolved in the Case of Auditor Provy that if A. be indebted to B. and B. is indebted to the King that the King by his Prerogative may Levy his Debt upon A. but this Levying ought to be of an immediate and not of a mediate Debtor to the Debtor of the King As if A. be indebted to B. and B. to C. and C. to the King the King cannot Levy his Debt of A. for then it might be Levied in infinitum Quod reprobatur in Jure The Barons of the Exchequer are the Sovereign Auditors of England for if a Man Assign Auditors to a Bailiff or Receiver to Accompt and the Auditors will not allow just and reasonable allowances but will Commit the Bailiff or Receiver to Prison such Prisoner may have an Original Writ of Ex parte talis returnable before the Treasurer and Barons of the Exchequer for his relief If the Barons do not allow an Accomptant before them such just Demands as he maketh he may have a Writ De Allocatione facienda directed to the Treasurer and Barons Commanding them to allow the same Gifts by word of Mouth from the King not allowable but void Neither is a Warrant under the Signet sufficient to Issue any Treasure of the King out of the Receipt but it must be under the Great or Privy Seal Whereas it is said That the King may Distrain in all the other Lands of his Tenant of whomsoever they are holden it is thus to be understood That the other Lands must be in the actual Possession of the Kings Tenant for he cannot Distrain in those Lands in the Possession of his Tenant for Life Tenant for Years or at Will Coke's 4 Inst cap. 11 12 13. The Oath of the Barons of the Exchequer expressing there Duties consisteth upon Ten Articles 1st That well and truly he shall serve in the Office of Baron of the King's Exchequer 2ly That truly he shall charge and discharge all manner of People as well Poor as Rich 3ly That for no highness nor for Riches nor for hatred nor Estate of no Person or Persons whatsoever nor for any Deed Gift nor Promise of any Person the which is made to him nor by Craft nor by Engin he shall let the King 's Right 4ly Nor none other Persons Right he shall disturb let or respite contrary to the Laws of the Land 5ly Nor the Kings Debts he shall put in respite where that they may goodly be levied 6ly That the Kings need he shall speed before all others 7ly That neither for Gift Wages nor good Deed he shall lain disturb nor let the profit or reasonable advantage of the King in the advantage of any other person nor of himself 8ly That nothing he shall take of any person for to do wrong or right to delay or to deliver or to delay the people that have to do before him but as hastily as he may them goodly to deliver without hurt of the King and having no regard to any profit that might thereof to him be therein he shall make to be delivered 9ly Where he may know any wrong or prejudice to be done to the King he shall put and do all his power and diligence that to redress and if he may not do it that he tell it to the King or to them of the Councel which may make relation to the King if he may not come to him 10ly The King's Counsel he shall keep and lain in all things And like to the Chief Baron the rest of the Baron are constituted by Letters Patent and the Patents of the Attorney General and Solicitor are also Quamdiu se bene gesserit Coke's 4. Inst cap. 11 12. The Lord Chief Baron is Sworn by the Lord Chancellor or Lord Keeper for the time being and in matters of Law Information and Plea he answereth the Bar and all Suitors He ever giveth Judgment in the Term-time only and gives his directions to the Remembrancer in this manner If the King's Attorney say nothing for the King between this and such a day for such a matter enter Judgment for A.B. Or if the Party foâ— nothing for such a matter by such a day enter Judgment for the King Practick part of the Law Court of Exchequer The Court of Inquiry to certifie untrue Accompts in the Exchequer THis Court Sits by Commission under the Great Seal by force of the Statute of 6 Hen. 4. Directed and sent with the Tenor of the Accompt to discreet persons in the County where the Officers be to Enquire and certifie the profits by them received and if they be attainted of Fraud they forfeit treble value and their Bodies to Prison until they make Fine and Ransom at the discretion of the Judges In the Exchequer Wall is this old Verse Ingraven Ingrediens Jani rediturus es aemulus argi The Court of Equity in the Exchequer THe Judges of this Court are the Lord Treasurer Chancellor and Barons of the Exchequer And generally their Jurisdiction is as large for matter of Equity as the Barons in the Court of Exchequer have for benefit of the King at the Common Law For all the Proceedings both in this Court of Equity and of that at the Common Law ought to be touching the King or otherwise there lieth a Prohibition which appears by the Register for all are Communia Placita which are not Placita Coronae More of the Jurisdiction and Authority of this Court you may see by the Statute of 33 Hen. 8. and Coke's Instit cap. 13. The Office of Pleas in the Exchequer THis is the Office of the Common Law and the Proceedings in most things agreeable to the Kings-Bench and Common Pleas. Their Leading Process is Quo minus or Subpoena the Quo minus is like the Capias or Latitat to take the Body of the Defendant and was anciently granted to the Kings Tenants or Debtors only But now the Practice of this Office is grown General in all cases almost by the Subpoena which being easier brings much into this Office especially in Wales where the King 's Writ runs not only Capias Utlagatum There are Four Attorneys and in their Declarations they always suppose the Plaintiff to be Debtor to the King In this Office all Officers of the Exchequer are to Sue and be Sued and all manner of Accomptants and all Suits removed out of any Court of Record by the King 's Writ or out of any Court at Westminster by the Red Book The Execution after
Judgment or Verdict is by Fieri Facias or Capias ad satisfaciend ' as in other Courts of Common Law The Defendant in some cases must put in Sureties upon Appearances to render if he be condemned and this Bail or Recognizance must be taken before a Baron in Court and not otherwise First-Fruits and Tenths were granted to the Crown by the Statute of 26 H. 8. cap. 3. But the Clergy being discharged thereof Anno 1 2 Philip and Mary they were again reunited to the Crown 1 Eliz. cap. 4. but no Court revived And being under the Governance of the Exchequer a New Office was created and an Officer viz. Remembrancer of the First-Fruits and Tenths And more concerning them and the manner of Taxation of them you may read Coke's 4th Inst cap. 14. The Court of Augmentations Within the Survey and Governance of this Court were all Lands belonging to Monasteries and Purchased Lands but Queen Mary by her Letters Patent in the First year of her Reign dissolved it and united it to the Exchequer as by the Articles thereof may appear The Surveyor General 's Court is Dissolved the Office only remaining So that in the Exchequer are Seven Courts 1. The Court of Pleas 2. The Court of Accompts 3. The Court of Receipt 4. The Court of the Exchequer Chamber being the Assembly of all the Judges in England for Matters in Law 5. The Court of Exchequer-Chamber for Errors in the Exchequer 6. The Court in the Exchequer-Chamber for Errors in the King 's Bench And 7. The Court of Equity in the Exchequer Chamber of all which see the Books and Statutes mentioned in Coke's 4 Inst c. 13. The Court of Justices of Assize and Nisi prius THese Justices take their Names from the Writ of Assize called Assiza Novae Disseisinae or Petit Brief de Novel Disseizin And the Mirror saith That for Expedition of Justice it was ordained by Ranulph de Glanvil but by 26 Ass 24. it appears to be more Ancient At the Common Law Assizes were not to be taken but either in Bank or before â—ustices in Eyre But by Magna Charta it is Enacted Quod Recognitiones de Nova Disseisina de Morte Antecessoris non capiantur nisi in suis propriis Comitatibus c. And upon that Statute of Magna Charta the Letters Patent to the Justices are framed in these Words viz. Rex c. Dilectis Fidelibus suis R. M. uni Justiciariorum suorum de Banco I.L. uni Justiciariorum suorum ad Placita coram nobis tenenda Assign ' Salutem Sciatis Quod Constituimus vos Justiciarios nostros una cum hiis quos vobis associaverimus ad Omnes Assizas Jurat ' Certificat ' coram quibuscunque Justic ' tam per diversa Brevia Domini Johannis nuper Regis Angl ' Patris nostri quam per diversa Brev ' nostra in Com' nostris South ' Wiltes ' Dorset ' Devon ' Cornub ' ac in Civitate Exon ' arranian ' capiend ' Et ideo vobis Mandamus quod ad certos dies loca quos vos ad hoc provideritis Assis Jurat ' Certificat ' illas capiatis Facturi inde quod ad Justitiam pertinet secundum Legem consuetudinem Regni nostri Angliae Salvis nobis amerciamentis inde nobis provenien ' Mandavimus enim Vicecomisibus nostris Com' Civit ' praed ' quod ad certos dies loca quos eis Scire faciatis Assis Jurat ' Certificat ' illas una cum Brevibus Originalibus omnibus aliis ea tangen ' coram vobis venire faciat ' In cujus rei Testimonium c. By this Writ the Seisin and Possession was recovered and became more frequent Quia non est aliud Breve in Cancellaria per quod Querentes habent festinum remedium quam per Assisam And after the Statute of Westminster was and thereby provided Quod assignentur duo Justiciarij jurati coram quibus non aliis Capiantur Assisae c. ad plus ter per Annum And Rot. Parl. 21 Ed. 1. Dominus Rex c. praecepit quod de caetero assignentur Octo Justiciarij Circumspecti discreti ad Assisas Jurat ' Certificat ' capiend ' per Totum Regnum Angliae and divideth the Realm into Eight parts Per Stat. de Finibus 27 Ed. 1. cap. 1. Justiciarij ad Assisas capiendas assignati deliberent Gaolas in Com' Illas tam infra Libertates quam extra de Prisonariis quibus cumque And Appeals of Murder Robbery Rape c. may be commenced before Justices of Assize And divers other Powers and Authorities are given to Jâ—stices of Assize and Gaol-delivery for which see the Statutes and Coke's 4 Inst cap. 27. Justices of Assize shall enquire for Non Returning and False Return of Sheriffs May hear and determine of Conspirators false Informers and wicked Procurers of Dozens Inquests and Juries at the complaint of any without Writ and without Delay and of Confederacies and Champerties and Maintainers Bearers and Alliances by Bond c. Of Defaults of Sheriffs Escheators Bayliffs and other Officers Justices of Assize may enquire of Defaults c. of Punishment of Victualers c. which sell at unreasonable Prizes They have power to hear and determine riding and going Armed c. and to punish Justices of the Peace Sheriffs Bayliffs and others for not doing their Office in that case They may hear and determine Treason in Counterfeiting of Money c. They shall do Execution of the Statute of 13 H. 3. of Riots done in their presence upon pain of an Hundred pounds and by the Statute of 2 H. 5. Commissions shall be Awarded to Enquire of the Default of the Justices of Assize and of Justices of Peace in that behalf They shall enquire of hear and determine all Offices contrary to the Statute of 23 H. 6. concerning Sheriffs Under-sheriffs and their Clerks Coroners Stewards of Franchises Bayliffs and Keepers of Prisons for Extortion and for letting to Bail such as were not Bailable or for denying Bail to them that ought to be Bailed Justices of Assize shall take Bail of him that is acquitted of Murder within the Year to answer to the Appeal of the party 5 Eliz. cap. 5. of Informers 5 Eliz. cap. 4. of Labourers Justices of Assize of Gaol-delivery and of the Peace shall enquire of the default of Coroners Justices of Assize c. shall enquire of false making of Leather of Amending of High-ways of Hunters in Parks of Unlawful taking of Fishes of Forgery of False Deeds against deceipt in Linnen Cloth against Perjury of Usury and many other things Justices of Assize twice in every year ought to proclaim the Statute of 32 H. 8. and other Statutes against unlawful Maintenance Champerty Embracery and unlawful Retainers they ought to proclaim the Statute of Unlawful Games in their Circuit See the Custumary of Normandy c. 19. Coke's 4. Inst. cap. 27. The Justices of Nisi
in pleno comitatu per Sacramentum proborum legalium hominum de c. inquiras inde appellatur Breve inquisitionis utrum A. captus detentus in Prisona c. pro morte W. unde rettatus i. e. accusatus existit sit odio atia c. nisi indictatus vel appellatus fucrit coram Justitiariis nostris ultimo itincrantibus in partibus illis pro hoc captus Imprisonatus For by the Common Law in omnibus autem placitis de felonia solet accusatus per plegios dimitti praeterquam de placito de homicidio ubi ad terrorem aliter statutum est But this Writ was taken away by a late Statute viz. in 28 E. 3. because as some pretended it became unnecessary for that Justices of Assize Justices of Oyer and Terminer and Justices of Gaol-delivery came at the least into every County twice every year but within Twelve years after this Statute it was Enacted That all Statutes made against Magna Charta should be void whereby the Writs of Odio and Atia and De ponendo in Ballium are revived and so in like cases upon all the Branches of Magna Charta And therefore the Justices of Assize Justices of Oyer and Terminer and of Gaol-delivery have not suffered the prisoner to be long detained but at their next coming have given the prisoner full and speedy Justice by due Tryal without detaining him long in prison Coke's 2 Inst 42 43. A person examined may require a Copy of his Examination take time to answer and put his answer in writing and keep a Copy of it Coke's 2 Inst 51. All causes ought to be heard and determined before the Judges openly in the Kings Courts the King having distributed his Judicial power to several Courts of Justice Coke's 2 Institutes 103. If a prisoner be mute by act of God The Judges who are to be of Council with the prisoner ex officio ought to enquire if he be the same person and of all other pleas which he might have pleaded But if it be by his own Act he is to be forthwith put to his pennance Coke's 2 Inst 178. If the Prisoner Demur and it be Over-ruled he shall be hanged but not have pain fort dure ibidem Justices may punish any act done in deceit of the Court 2 Inst 215. Judicis officium est Opus diei in die ipso perficere according to the Statute of W. 1. cap. 47. and not defer it or prefer others upon any request or importunity Coke's 2 Inst 256. Sapientis Judicis est cogitare tantum sibi esse permissum quantum commissum creditum Coke 's 4 Inst 163. By Stat. 4 Jac. 1. cap. 1. It is provided that whereas in regard of some difference and inequality of the Laws Tryals and Proceedings in case of Life between the Justice of the Realm of England and that of the Realm of Scotland It appeareth to be most convenient for the contentment and satisfaction of all his Majesties Subjects to proceed with all possible severity against such Offenders in their own Country according to the Laws of the same whereunto they are Born and Inheritable and by and before the Natural Born Subjects of the same Realm if they be there apprehended And by the next Clause is provided that Felonies committed by English Men in Scotland shall be inquired of heard and determined before Justices of Assize or Commissioners of Oyer and Terminer and Gaol-delivery being Natural born Subjects within the Realm of England and no other And the like in another Clause with an addition of Justices of the Peace to be Natural born Subjects within England Coke's 3 Inst 226. Justices of the Kings-Bench Oyer and Terminer Gaol-delivery and of the Peace may enquire of hear and determine all Murders and Felonies within the Verge because their Jurisdiction and Authority are generally through the whole County Coke's 4 Rep. 46 47. Case of Appeals The Justices of Assizâ— have one Commission of Oyer and Terminer directed to them and divers other Inhabitants of the Shires whereunto their Circuits extend whereof each of the Justices of Assize are of the Quorum for offences hapning in their Circuits which without this Commission they cannot do Terms del Ley Cok's 4 Inst En le Table The Statute of 2 Ed. 3. requireth that no Commission of Oyer and Terminer be granted but before Justices of one Bench or the other or Justices Itinerant and that for horrible Trespasses Where the Commission of Oyer and Terminer lies in case of Extortions by Under-sheriffs Escheators Clerks of Markets Hunters in Parks taking of Goods not Wreck'd in vacancy of Bishopricks for Hunting in Parks for Robbing Piscaries and in many other cases the Forms of Writs and Associations and si non omnes to them Vide F. N. B. 243 to 251. If the Trespass be not Enormis seu horribilis a Writ of Supersedeas lieth or Revâ— ation Coke's 2 Inst 419. Upon an Indictment found by the Commissioners before the Term a Special Commission of Oyer and Terminer may be granted for them to proceed altho' the Court of Kings Bench be sitting in the same County But it is best for the Commission to bear Teste after the beginning of the Term But General Commissions of Oyer and Terminer are suspended during the term or time the Kings Bench sits in the same County or if the Kings Bench be adjourned the General Commission may proceed Coke's 3 Inst 27. Coke's 4 Inst 163. The Kings Bench is more than Eyre Therefore in Term time no Commissions of Oyer and Terminer or Gaol-Delivery by the Common Law may sit in the County where the Kings Bench sitteth for praesentia majoris cessat potestas minoris and therewith agreeth 27 Ass p. 1. But Carlisle and Erwing were Indicted and Arrained in London where the Murder was Committed before Justices of Oyer and Terminer in the Term time because in another County than where the Kings Bench sit Coke's 9 Rep. 118. Lord Sanchar's Case For Tryal of Treasons Committed out of the Realm c. by Commissions appointed by the King c. See the Statute of 26 Hen. 8. 33 Hen. 8. 35 Hen. 8. 5 and 6. of Ed. 6 c. If a Commission of Oyer and Terminer be discontinued or expired c. the Indictments and Records shall be removed into the Kings Bench as to their proper Center Coke's 2 Institutes 419. The Courts of Special Justices of Oyer and Terminer THese Courts are Four in number Raised by several Acts of Parliament Two of which viz. That concerning Purveyors and that concerning Misdemeanors of Villains being obsolete We shall only give a Brief account of the Style and Nature of the other Two referring their Jurisdiction and Proceedings therein to the Acts of Parliament themselves And first of that concerning Money collected for Houses of Correction or for the Poor THis Court is Raised by the Statute of 39 Eliz. cap. 4. wherein is to be observed
That their Proceedings Judgments and Executions shall remain good and available in Law without any Redress to be had by Suit in any other Court as you may see more at large by the Statute and Exposition thereof in Coke's Fourth Institutes And the other is concerning Colledges Hospitals or Almshouses for Charitable and Lawful purposes and Uses BY the Statute of 39 Eliz. cap. 6. The Lord Chancellor or Chancellor for the Dutchy of Lancaster for Lands in that County may award Commissions to the Bishop of the Diocess and his Chancellor and other persons of good and sound Behaviour To enquire of all Colledges Hospitals and other places Founded or Ordained for the Charitable relief of Poor Aged and Impotent people Maimed Soldiers Schools of Learning Orphans or for such other good charitable and lawful Purposes and Intents And of all Lands c. given or appointed for those uses As also for Reparations of all High-ways Bridges and Sea-Banks for Maintenance of Free-Schools and Poor Scholars and of Orphans and Fatherless Children and such like good and lawful Charitable uses and to enquire of the Abuses Misdemeanors Mis-employments Falsities defrauding the Trusts Alienations Misgovernments c. And to set down such Orders Judgments and Decrees that the same may be observed in full ample and most liberal sort c. Which Orders Judgments and Decrees not being contrary to the Orders or Decrees of the Donors shall be firm and good and are to be certified by the Commissioners into the Chancery of England or of the County Palatine of Lancaster c. And it is to be observed that when any Act of Parliament doth authorize the Lord Chancellor or Keeper to make a Commission under the Great Seal he may do it without further Warrant the King being party to the Act of Parliament But this Statute was afterwards Repealed by 43 Eliz. 4. Saving for the Excution of Orders and Decrees before made by Commissioners according to the Statute And by the Statute of 43 Eliz. 4. It shall be lawful for the Lord Chancellor or Lord Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that Precinct to Award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other Persons of Good Behaviour Authorizing Four or more of them to Inquire as well by the Oaths of Twelve or more Lawful Men as otherwise of all Grants Gifts Augmentations Limitations and Appointments and of all Abuses and Misemployments of all Land Tenements and Hereditaments and of all Goods and Chattels given limitted or appointed to Charitable uses c. See the Statute at large and 21 Jac. 1. cap. 1. The Court of Justices of Gaol-Delivery BY the Law Ne homines diu detineantur in Prisona but that they may receive Plenam celerem Justitiam The Commission of Gaol-Delivery was Instituted 4 E. 3. and by this Commission Goals ought to be delivered Thrice in the year and oftner if need be and the Authority given thereby consisteth in these few Words Constituimus vos Justiciarios nostros ad Gaolam nostram Castri nostri de C. de Prisonibus in ea existentibus hac vice deliberand ' And these Justices may arraign any man in that Goal upon any Indictment for Felony Trespass c. before Justâ—ces of Peace though not found before themselves which Justices of Oyer and Terminer cannot do and they may take a Pannel of a Jury Return'd by the Sheriff without making any Precept to him which Justices of Oyer and Terminer may not To these Justices Commissions of Association Writs of Admittance and Si non omnes like as to Justices of Oyer and Terminer are directed and other Authorities Jurisdictions and Priviledges they have of which you may Read at large Coke's 4 Inst. cap. 30. By the Statute of 6 R. 2.5 Justices of Assize and Gaol-Delivery shall hold their Sessions in the chief Towns of every County where the Shire Courts there use to be holden By the Statute of 8 R. 2.2 no man of Law shall be Justice of Assize or Gaol Delivery in his own Country and the Chief Justice of the Common-Bench shall be assigned amongst others to take Assizes and to deliver Gaols but as to the Chief Justice of the Kings-Bench it shall be as for the most part of 100 years last past hath been wont to be done By the Statute of 14 H. 6.3 the Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of Peace and Truce in the City of Carlisle and not elsewhere according to the Statute of 6 R. 2 5. By Stas de Finibus levatis cap. 3.27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay associating unto him one of the most discreet Knights of the County shall deliver the Gaols The Justices shall then also Enquire Whether Sheriffs or any other have let out by Plevin any Prisoners not pleviable or have offended in any thing against the Statute of Westm 2.13 E. 1. and shall punish them according to the force of the said Statute By the Statute of 2 E. 3 2. Justices of Gaol-delivery and Oyer and Terminer procured by Great Men shall not be made against the Form of the Statute of 27 E. 1. cap. 3. And Assizes Attaints and Certifications shall be hereafter taken before Justices commonly assigned being good and lawful Men and having knowledge in the Law according to the Statute of Westm. 2.29 Ed. 1. By the Statute of 4. E. 3.2 good and discreet Persons shall be assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols Three times in the year at least Justices of Gaol-delivery shall have power to Deliver the Gaols of those that stand Indicted before the Keeâ—ers of the Peace which Keepers shalt send those Indictments before the Justices of Gaol-delivery who shall have power to Enquire of and punish Sheriffs Gaolers and others which do any thing against this Act. Judges ought not to Deliver their Opinions before-hand of any Criminal Case thaâ— may come before them Judicially For how can they â—e indifferent who have delivered their Opinions before hand wiâ—hout hearing of the party Co. 3 Inst 29. By the Statute of 19 H. 7.10 the Sheriff of every County shall have the keeping of the Common Gaol there except such as are held by Inheritance or Succession Also all Letters Patents of the keeping of Gaols for Life or Years are annulled and void Howbeit neither the Kings-Bench nor Marshalsea shâ—â—l be in the custody of any Sheriff aâ—d the Patents of Edward Courtney Earl of Devon and John Morgan for Keeping of Prisons are excepted By the Statute of 6 Hen. 8.6 the Justices of the King 's Bench have power by their Discretions to Remand as well the Bodies of Felons as their Indictments
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