land into Counties, &c.

Likewise call led "Curia visus franci plegii."

every county to a lord or earl, did direct that those earls, within their limits, should look to the matter of the peace, and take charge of the constables, and reform public annoyances, and swear the people to the crown, and take pledges of the freemen for their allegiance; for which purpose the county did once every year keep a court, called the Sheriff's Turn; at which all the county, except women, clergy, children under twelve, and aged above sixty, did appear to give or renew their pledges for allegiance. And the court was called, " Curia visus franci plegii," a view of the pledges of freemen; or "Turna comitatus."

Subdivision of the county court into hundreds.

At which meeting or court there fell, by occasion of great assemblies, much blood-shed, scarcity of victuals, mutinies, and the like mischiefs, which are incident to the congregations of people, by which the king was moved to allow a subdivision of every county into hundreds, and every hundred to have a court, whereunto the people of every hundred should be assembled twice a year for survey of pledges, and use of that justice which was formerly executed in that grand court for the county; and the count or earl appointed a bailiff under him to keep the hundred court.

The charge

of the county

taken from the earls, and

committed to

the sheriff.

But in the end, the kings of this realm found it necessary to have all execution of justice immediately from themselves, by such as were more

bound than earls to that service, and readily subject to correction for their negligence or abuse; and therefore took to themselves the appointing a sheriff yearly in every county, calling them Vicecomites," and to them directed such writs and precepts for executing, justice in the county, as fell out needful to have been despatched, committing to the sheriff custodiam comitatus; by which the earls were spared of their toils and labours, and that was laid upon the sheriffs. So as now the sheriff doth all the king's business in the county, and that is now called the Sheriff's Turn; that is to say, he is judge of this grand court for the county, and also of all hundred courts not given away from the crown.

The sheriff is judge of all hundred

courts, &c.

He hath another court called the County court kept monthly county court, belonging to his office, by the sheriff. wherein men may sue monthly for any debt or damages under 40s. and may have writs for to replevy their cattle distrained and impounded by others, and there try the cause of their distress; and by a writ called justicies, a man may sue for any sum; and in this court the sheriff by a writ called an exigent doth proclaim men sued in courts above to render their bodies, or else they be outlawed. This sheriff doth serve the king's The office of writs of process, be they summons, or attachments, to compel men to answer to the law, and all writs of execution of the law, according to judgments of superior courts for taking of men's goods, lands, or bodies as the cause requireth.

the sheriff.

hundred

bles

What matte

court, is to appoint two high constables Lord of the of the hundred, and also is to appoint appoint te in every village a petty constable, with high cons! a tithing-man to attend in his absence, and to be at his commandment when he is prese in all services of his office for his assistance. There have been, by use and statute law, besides surveying of the pledges of they inqu freemen, and giving the oath of allegi- of in leets law days ance, and making of constables, many additions of powers and authority given to the stev ards of leets and law-days, to be put in use in the courts; as for example, they may punish inn-keep ers, victuallers, bakers, butchers, poulterers, fist mongers, and tradesmen of all sorts, selling wi under-weights or measures, or at excessive prici or things unwholesome, or ill made, in deceit of t people. They may punish those that do stop, straiter or annoy the highways, or do not, according to t provision enacted, repair or amend them, or dive", water-courses, or destroy fry of fish, or use engin or nets to take deer, conies, pheasants, or partridge. | or build pigeon-houses; except he be lord of th manor, or parson of the church. They may al take presentment upon oath of the twelve swa jury before them of all felonies; but they canny try the male factors, only they must by indenture de 1 liver over those presentments of felony to the judge when they come their circuits into that county. A those courts before mentioned are in use, and exer cised as law at this day, concerning the sheriff's law days and leets, and the offices of high constables petty constables, and tithing-men; howbeit, with so further additions by statute laws, laying charge upo them for taxation for poor, for soldiers, and the lik and dealing without corruption, and the like.

Conservators of the peace by writ for term of life at the king's pleasure.

Conservators of the peace were in ancient times certain which were assigned by the king to see the peace maintained, and they were called to the office by the king's writ, to continue for term of their lives, or at the king's pleasure. For this service, choice was made of What their office was the best men of calling in the country, and but few in the shire. They might bind any man to keep the peace, and to good behaviour, by recognizance to the king with sureties, and they might by warrant send for the party, directing their warrant to the sheriff or constable, as they plea. to arrest the party and bring him before them. This they used to do, when complaint was made by any that he stood in fear of another, and so took his anth or else where the conservator himself did, without oath or complaint, see the disposition of any man inclined to quarrel and breach of the peace, or to

To fine offendrs to the Frown, but not to recomense the arty grieved. Farl stat. 7 R 2 cap.

1 et. v. Dyer 2b. Ils ount

ooier d'in

quier de mur

der car ceo est felon.

peace, &c.

They are appointed to keep four sessions every year; that is, every quarter one. These sessions are a sitting of the justices to despatch the affairs of their commissions. They have power to hear and determine, in their sessions, all felonies, breaches of the peace, contempts and trespasses, so far as to fine the offender to the crown, but not to award recompence to the party grieved.

Authority of They are to suppress riots and tuthe justices of mults, to restore possessions forcibly taken away, to examine all felons apprehended and brought before them; to see impotent poor people, or maimed soldiers provided for, according to the laws; and rogues, vagabonds, and beggars punished. They are both to license and suppress ale-houses, badgers of corn and victuals, and to punish forestallers, regrators, and ingrossers.

10g, burning of houses.

Through these, in effect, run all the county services to the crown, as taxations of subsidies, mustering men, arming them, and levying forces, that is done by a special commission or precept from the Beating, kill. king. Any of these justices, by oath taken by a man that he standeth in fear that another man will beat him, or kill him, or burn his house, are to send for the party by warrant of attachment directed to the sheriff or constable, and then to bind the party with sureties by recognisance to the king to keep the peace, and also to appear at the next sessions of the peace; at which next sesRecognisance sions, when every justice of the peace the peace delivered by hath therein delivered all their recogthe justices at nisances so taken, then the parties are their sessions.

Attachments

for surety of the peace.

called, and the cause of binding to the peace examined, and both parties being heard, the whole bench is to determine as they see cause, either to continue the party so bound, or else to discharge him.

Quarter ses

The justices of peace in their sessions are attended by the constables and baisions held by liffs of all hundreds and liberties within the justices of the peace. the county, and by the sheriff or his deputy, to be employed as occasion shall serve in executing the precepts and directions of the court. They proceed in this sort: The sheriff doth summon twenty-four freeholders, discreet men of the said county, whereof some sixteen are selected and sworn, and have their charge to serve as the grand jury; the party indicted is to traverse the indictment, or else to confess it, and so submit himself to be fined as the court shall think meet, regard had to the offence, except the punishment be certainly appointed, as often it is, by special statutes.

The authority of justices of the peace out of their ses

sions.

The justices of peace are many in every county, and to them are brought all traitors, felons, and other malefactors of any sort upon their first apprehension; and that justice to whom they are brought examineth them, and heareth their accusations, but judgeth not upon it; only if he find the suspicion but light, then he taketh bond with sureties of the accused to appear either at the next assizes, if it be a matter of treason or felony; or else at the quarter sessions, if it be concerning riot or misbehaviour, or some other small offence. And he also then bindeth to appear those that give testimony and prosecute the accusation, all the accusers and witnesses, and so setteth the party at large. And at the assizes or sessions, as the case falleth out, he certifieth the recognisances taken of the accused, accusers, and witnesses, who being there are called, and appearing, the cause of the accused is debated according to law for his clearing or condemning.

But if the party accused seem, upon pregnant matter in the accusation, and to the justice, to be guilty, and the offence heinous, or the offender taken with the mainour, then the justice is to commit. the party by his warrant, called a mittimus, to the gaoler of the common gaol of the county, there to remain until the assizes. And then the justice is to certify his accusation, examination, and recognisance taken for the appearances and prosecution of the witnesses, so as the judges may, when they come, readily proceed with him as the law requireth.

of the ancient

The judges of the assizes as they be Judges of asnow come into the place of the ancient size in place justices in eyre, called "justiciarii itine- judges in eyre, rantes," which in the prime kings after Tem. R. II. the conquest, until H. III.'s time especially, and after in lesser measure even to R. II.'s time, did execute the justice of the realm; they began in this sort.

court, county court, sheriff's turns, hundreds, leets, and law-days, dealt only in crown mat

The king, not able to despatch busi- King's bench, ness in his own person, erected the marshal's court of king's bench. That not able to receive all, nor meet to draw the people all to one place, there were ordained counties, and the sheriff's turns, hundred courts, and particular ters; justices în eyre dealt leets, and law-days, as before men- in private titles of lands tioned, which dealt only with crown or goods, and matters for the public; but not the and felonies, private titles of lands, or goods, nor the

in all treasons which the

of the diocess might, if he would, claim him as a clerk, and he was to see him tried in the face of the court whether he could read or not. The book was prepared and brought by the bishop, and the judge was to turn to some place as he should think meet; and if the prisoner could read, then the bishop was to have him delivered over unto him, to dispose of in some places of the clergy as he should think meet: but if either the bishop would not demand him, or that the prisoner could not read, then was he to be put to death.

Clergy allow

all offences,

except treason

churches;

now taken Away, 1. In murder. 2. In burglary. 3. Kobbery. 4. Purse-cut

ung, 5. Horsestealing, and in divers other

And this clergy was allowable, in the el anciently in ancient times and law, for all offences, whatsoever they were, except treason, and robbing of and the robbing of churches of their goods and ornaments. But by many statutes made since, the clergy is taken away for murder, burglary, robbery, purse-cutting, horse-stealing, and divers other felonies particularized by the statutes to the judges; and lastly, by a statute made 18 Elizabeth, the judges themselves are appointed to allow clergy to such as can read, being not such offenders from whom clergy is taken away by any statute, and to see them burned in the hand, and so discharge them, without delivering them to the bishop; howbeit, the bishop appointeth the deputy to attend the judges with a book to try whether they can read or not.

offences

the stat. of

By

1× E judges are to allow clergy, and to

see them burn

cd in the hand, and to dis

charge the pri

soners without delivering them to the bishop.

The third commission that the judges of circuits have, is a commission directed to themselves only, and the clerk of assize, to take assizes, by which they are called justices of assize; and the office of those justices is to do right upon writs called assizes, brought before them by such as are wrongfully thrust out of their lands. Of which number of writs there was far greater store brought before them in ancient times than now; for that men's seisins and possessions are sooner recovered by sealing leases upon the ground, and by bringing an ejectione firmæ, and trying their title so, than by the long suits of assizes.

4 Commission to take Nist prius, di

The fourth commission is a commission to take Nisi prius, directed to tected to two none but to the judges themselves, and Judges, and their clerks of assizes, by which they the clerk of the assize. are called justices of Nisi prius. These Nini Prius. Nisi prius happen in this sort; when a suit is begun for any matter in one of the three courts, the king's bench, common pleas, or the exchequer here above, and the parties in their pleadings do vary in a point of fact; as for example, if in an action of debt upon obligation the defendant denies the obligation to be his debt; or in any action of trespass grown for taking away goods, the defendant denieth that he took them; or in action of the case for slanderous words, the defendant denieth that he spake them, &c. Then the plaintiff is to maintain and prove that the obligation is the defendant's deed, that he either took the goods or spake the words: upon which denial and affirmation the law saith, that issue is joined betwixt them, which

issue of the fact is to be tried by a jury of twelve men of the county, where it is supposed by the plaintiff to be done, and for that purpose the judges of the court do award a writ of Venire facias in the king's name to the sheriff of that county, commanding him to cause four and twenty discreet freeholders of his county, at a certain day, to try this issue so joined; out of which four and twenty only twelve are chosen to serve. And that double number is returned, because some may make default, and some be challenged upon kindred, alliance, or partial dealing.

• Distringas.

The manner of justices of of proceeding circuits. The judges hold in the taking of

course the

These four and twenty the sheriff doth name and certify to the court, and withal, that he hath warned them to come at the day according to their writ. But because at the first summons there falleth no punishment upon the four and twenty if they come not, they very seldom or never appear upon the first writ; and upon their default there is another writ returned to the sheriff, commanding him to distrain them by their lands to appear at a certain day appointed by the writ, which is the next term after, "Nisi prius justiciarii nostri ad assisas capiendas venerint," etc. of which words the writ is called a Nisi prius, and the judges of the circuit of that county in that vacation, and mean time, before the day of appearance appointed for the jury above, here by their commission of Nisi prius have authority to take the appearance of the jury in the county before them, and there to hear the witnesses and proofs on both sides, concerning the issue of the fact, and to take the verdict of the jury, and against the day they should have appeared above, to return the verdict read in the court above, which return is called a Postea.

Nisi prius.

Postea.

And upon this verdict clearing the matter in fact, one way or other, the judges above give judgment for the party for whom the verdict is found, and for such damages and costs as the jury do assess.

By those trials called "Nisi prius," the juries and the parties are eased much of the charge they should be put to, by coming to London with their evidences and witnesses; and the courts of Westminster are eased of much trouble they should have, if all the juries for trials should appear and try their causes in those courts; for those courts above have little leisure now. Though the juries come not up, yet in matters of great weight, or where the title is intricate or difficult, the judges above, upon information to them, do retain those causes to be tried there, and the juries do at this day, in such cases, come to the bar at Westminster.

sion is a com

peace and the

attend the

The fifth commission that the judges 5. Commisin their circuits do sit by, is the com- mission of the mission of the peace in every county of peace. The their circuit. And all the justices of justices of the the peace, having no lawful impediment, sheriff are to are bound to be present at the assizes judges in their to attend the judges, as occasion shall county. fall out; if any make default, the judges may set a fine upon him at their pleasure and discretions. Also the sheriff in every shire through the circui is