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weights, measures, sizes, or counterfeiting wares, appoint a deputy, or in default thereof, the steward
cipality of Wales.
criminal causes, which are called, in the laws of Answer. The manner of the oath they take is England, pleas of the crown; and herein they as followeth :
have the same jurisdiction that the justices have • You shall swear that you shall well and truly in the court of the King's Bench. serve the king, and the lord of this law-day; and 2. They have power to hear and determine all you shall cause the peace of our sovereign lord civil causes, which in the laws of England are the king well and truly to be kept to your power: called common pleas, and to take knowledge of and you shall arrest all those that you see com- all fines levied of lands or hereditaments, without mitling riots, debates, and affrays in breach of suing any dedimus potestatem; and herein they peace: and you shall well and truly endeavour have the same jurisdiction that the justices of the yourself to your best knowledge, that the Common Pleas do execute at Westminster. statute of Winchester for watching, hue and 3. They have power also to hear and determine cry, and the statutes made for the punishment of all assizes upon disseisin of lands or hereditastordy beggars, vagabonds, rogues, and other idle ments, wherein they equal the jurisdiction of the persons coming within your office be truly exe- justices of assize. cuted and the offenders be punished: and you
4. Justices of oyer and terminer therein may shall endeavour, upon complaint made, to appre- hear all notable violences and outrages perpehend barreters and riotous persons making affrays, trated within their several precincts in the said and likewise to apprehend felons; and if any of principality of Wales. them make resistance with force, and multitude The prothonotary's office is to draw of misdemeanours, you shall make outery, and all pleadings, and entereth and engros- in the king's gift. pursue them till they be taken; and shall look seth all the records and judgments in all trivial unto such persons as use unlawful games; and causes. you shall have regard unto the maintenance of The clerk of the crown, his office is to draw artillery ; and you shall well and truly execute and engross all proceedings, arraignments, and all process and precepts sent unto you from the judgments in criminal causes. justices of the peace of the county; and you shall
The marshal's office is to attend the
and to impose silence to the people.
The Office of Justice of Peace.
There is a commission under the
peace, borough, the head constable for the whole hun- and to resist and punish all turbulent persons, dred: nor is the petty constable subordinate to whose misdemeanors may tend to the disquiet of the head constable for any commandment that the people; and these be called justices of the proceeds from his own authority; but it is used, peace, and every of them may well and truly be that the precepts of the justices be delivered unto caļled eirenarcha. the high constables, who, being few in number, The chief of them is called custos rotulorum, may better attend the justices, and then the head in whose custody all the records of their proconstahles, by virtue thereof, make their precepts ceedings are resident. over to the petty constables.
Others there are of that number called jus10. Question. Whether a constable may appoint tices of peace and quorum, because in their a deputy ?
commission they have power to sit and determine Answer. In case of necessity a constable may causes concerning breach of peace and misheha
These offices are
The office of sur tice of peace.
viour. The words of their commission are con-| into his majesty's hands all lands escheated, and ceived thus: quorum such and such, unum vel goods or lands forfeited, and therefore is called duos, &c., esse volumus; and without some one or escheator; and he is to inquire by good inquest more of the quorum, no sessions can be holden; of the death of the king's tenant, and to whom and for the avoiding of a superfluous number of the lands are descended, and to seize their bodies such justices, (for, through the ambition of many and lands for ward, if they be within age, and is
it is counted a credit to be burthened accountable for the same; he is named or appeale appointed with that authority,) the statute of 38 pointed by the Lord Treasurer of England.
H. VIII. hath expressly prohibited that there shall be but eight justices of the peace in every county. These justices hold their ses
The Office of Coroner sions quarterly.
Two other officers there are in every county In every shire where the commission of the peace is established, there is a clerk of the peace inquest in what manner
, and by whom every
called coroners; and by their office they are to for the entering and engrossing of all proceedings before the said justices. And this officer is ap- death; and to enter the same of record; which
person, dying of a violent death, came so to their pointed by the custos rotulorum.
is matter criminal, and a plea of the crown: and, The Office of Sheriffs.
therefore, they are called coroners, or crowners, Every shire hath a sheriff, which word, being
as one hath written, because their inquiry ought of the Saxon English, is as much as to say, shire
to be in corona populi. reeve, or minister of the county: his function or the shire, by virtue of a writ out of the chancers
These officers are chosen by the freeholders of office is twofold, namely, 1. Ministerial.
d coronatore eligendo : and of whom I need not
to write more, because these officers are in use 2. Judicial. 1. He is the minister and executioner
everywhere. of all the process and precepts of the courts of law, and therefore ought to make return General Observations, touching Constables, Jailers, and certificate.
and Bailiffs. 2. The sheriff hath authority to hold two several courts of distinct natures: 1. The turn, be
Forasmuch as every shire is divided into hun cause he keepeth his turn and circuit about the dreds, there are also by the statute of 34 H. VIII. shire, holdeth the same court in several places, cap. 26, ordered and appointed, that two sufficient wherein he doth inquire of all offences perpetrated gentlemen or yeomen shall be appointed conagainst the common law, and not forbidden by stables of every hundred. any statute or act of Parliament; and the juris
Also, there is in every shire a jail or prison diction of this court is derived from justice distri- appointed for the restraint of liberty of such perbutive, and is for criminal offences, and held twice sons as for their offences are thereunto como every year.
mitted, until they shall be delivered by course The county court, wherein he doth determine of law. all petty and small causes civil under the value In every hundred of every shire the sheriff of forty shillings, arising within the said
thereof shall nominate sufficient persons to be
county, and, therefore, it is called the county court. bailiffs of that hundred, and under-ministers of
The jurisdiction of this court is derived from the sheriff; and they are to attend upon the justice commutative, and held every month. The justices in every of their courts and sesoffice of the sheriff is annual, and in the king's sions. gift, whereof he is to have a patent. The Office of Escheator.
Note. Archbishop Sancroft notes on this last Every shire hath an officer called an escheator, ridge, one of the justices of the King's Bench,
chapter, written, say some, by Sir John Dodde which is to attend the king's revenue, and to seize 1608.
34 H. S. c. 16.
This office is
All the finances or revenues of the per for them; and the fines for all original writs, imperial crown of this realm of Eng- and for causes that pass the great seal, were wont land be either extraordinary or ordinary. to be immediately paid into the hanaper
The hanapet. Those extraordinary be fifteenths and tenths, of the chancery; howbeit, now of late subsidies, loans, benevolences, aids, and such years, all the sums which are due, either for any others of that kind, that have been or shall be writ of covenant, or of other sort, whereupon a invented for supportation of the charges of war; final concord is to be levied in the common bench, the which, as it is entertained by diet, so can it or for any writ of entry, whereupon a common not be long maintained by the ordinary fiscal and recovery is to be suffered there; as also all sums receipt.
demandable, either for license of alienation to be Of these that be ordinary, some are certain and made of lands holden in chief, or for the pardon standing, as the yearly rents of the demesne or of any such alienation, already made without lands; being either of the ancient possessions license, together with the mean profits that be of the crown, or of the later augmentations of forfeited for that offence and trespass, have been
stayed in the way to the hanaper, and been let to Likewise the fee-farms reserved upon charters farm, upon assurance of three hundred pounds of granted to cities and towns corporate, and the yearly standing profit, to be increased blanch rents and lath silver answered by the over and above that casual commo- derived out of sheriffs
. The residue of these ordinary finances dity, that was found to be answered be casual
, or uncertain, as be the escheats and in the hanaper for them, in the ten years, one forfeitures, the customs, butlerage, and impost, with another, next before the making of the same the advantages coming by the jurisdiction of the lease. courts of record and clerks of the market, the And yet so as that yearly rent of increase is temporalities of vacant bishoprics, the profits that now still paid into the hanaper by four gross porgrow by the tenures of lands, and such like, if tions, not altogether equal, in the four usual open there any be.
terms of St. Michael, and St. Hilary, of Easter, And albeit that both the one sort and other of and the Holy Trinity, even as the former casualty these be at the last brought unto that office of her itself was wont to be, in parcel meal, brought in majesty's exchequer, which we, by a metaphor, and answered there.
do call the pipe, as the civilians do by And now forasmuch as the only mat
a like translation mame it fiscus, a ter and subject about which this far- the office. basket or bag, because the whole receipt is finally mer or his deputies are employed, is to rate or conveyed into it by the means of divers small compound the sums of money payable to her pipes or quills, as it were water into a great head majesty, for the alienation of lands that are either or cistern; yet, nevertheless, some of the same be made without license, or to be made by license, first and immediately left in other several places if they be holden in chief, or to pass for common and courts, from whence they are afterwards car- recovery, or by final concord to be levied, though ried by silver streams, to make up that great they be not so holden, their service may therefore
very aptly and agreeably be termed the office of As for example, the profits of wards and their compositions for alienations. Whether the ad lands be answered into that court which is pro- I vancement of her majesty's commodity in this
The name of
lake, or sea, of money.
The scope of
ani be parts therect.
of this treatise.
part of her prerogative, or the respect of private that he found great favour there by this statute, to laere, or both, were the first motives thus to dis- be reasonably fined for his trespass. sever this member, and thereby as it were to And althongh we read an opinion 20 lib. Arsis. mayhem the chancery, it is neither my part non parl. 17, et 26, Assis. parl. 37, which also is repurpose to dispute.
peated by Hankf. 14.H. IV. fol. 3, in which year But, for a full institution of the ser- Magna Charta was confirmed by him, the king's vice as it now standeth, howsoever tenant in chief might as freely alien his lands
some men have not spared to speak without license, as might the tenant of any other hardly thereof, I hold worthy my labour to set lord; yet, forasmuch as it appeareth not by what down as followeth:
statute the law was then changed, I had rather First, that these fines, exacted for such aliena- believe, with old Judge Thorpe and late Justice cions, be not only of the greatest antiquity, but Stanford, that even at the common law, which is are also good and reasonable in themselves; se as much as to say, as from the beginning of our condly, that the modern and present exercise of this tenures, or from the beginning of the English office is more commendable than was the former monarchy, it was accounted an offence in the usage; and, lastly, that as her majesty hath re- king's tenant in chief, to alien without the royal ceived great profit thereby, so may she, by a and express license. moderate hand, from time to time reap the like, And I am sure, that not only upon the entering, and that without just grief to any of her subjects. or recording, of such a fine for alienation, it is The first part
As the lands that are to be aliened, wont to be said pro transgressione in hac parte
be either immediately holden in chief, facta; but that you may also read amongst the or not so holden of the queen, so be these fines records in the Tower, Fines 6 Hen. Reg. 3, Memb. or sums respectively of two sundry sorts; for 4, a precedent of a capias in manum regis terras upon each alienation of lands, immediately held alienatas sine licentia regis, and that, namely, of of her majesty in chief, the fine is rated here, the manor of Coselescombe in Kent, whereof either upon the license, before the alienation is Robert Cesterton was then the king's tenant in made, or else upon the pardon when it is made chief. But were it that, as they say, this began without license. But generally, for every final first 20 H. III., yet it is above three hundred and concord of lands to be levied upon a writ of cove- sixty years old, and of equal, if not more antinant, warrantia chartæ, or other writ, upon which quity than Magna Charta itself, and the rest of it may be orderly levied, the sum is rated here our most ancient laws; the which never found upon the original writ, whether the lands be held assurance by Parliament until the time of hina of the queen, or of any other person; if at the Edward I., who may be therefore worthily calleu, least the lands be of such value, as they may our English Solon or Lycurgus. yield the due fine. And likewise for every writ Now, therefore, to proceed to the rea. of entry, whereupon a common recovery is to be son and equity of exacting these fines suffered, the queen's fine is to be rated there upon for such alienations, it standeth thus: the writ original, if the lands comprised therein when the king, whom onr law understandeth to be held of her by the tenure of her prerogative, have been at the first both the supreme lord of all that is to say, in chief, or of her royal person. the persons, and sole owner of all the lands within
So that I am hereby enforced, for his dominions, did give lands to any subject 10 temu nini chier avoiding of confusion, to speak seve- hold them of himself, as of his crown and royal
rally, first of the fines for alienation of diadem, he vouch safed that favour upon a chosen
lands held in chief, and then of the and selected man, not minding that any other fines upon the suing forth of writs original. That should, without his privity and good liking, be the king's tenant in chief could not in ancient made owner of the same; and, therefore, his gift timne alien his tenancy without the king's license, has this secret intention enclosed within it, that if
it appeareth by the statute, 1 E. III. his tenant and patentee shall dispose of the same
cap. 12, where it is thus written: without his kingly assent first obtained, the lands “Whereas divers do complain that the lands shall revert to the king, or to his successors, that holden of the king in chief, and aliened without first gave them. And that also was the very license, have been seized into the king's hands cause, as I take it, why they were anciently for such alienation, and holden as forfeit: the seized into the king's hands, as forfeited by such hing shall not hold them as forfeit in such a case, alienation, until the making of the said statule, out granteth that, upon such alienations, there 1 E. III., which did qualify that rigour of the shall be reasonable fines taken in the chancery former law. by due process:
Neither ought this to seem strange in the case So that it is hereby proved, that before this sta- of the king, when every common subject, being (ute', the essence of such alienation, without lord of lands which another holdeth of him, ought Gense, was taken to be so great, that the tenant not only to have notice given unto him uponerery w forfeit the land thereby; and, consequently, alienation of his tenant, but shall, by the like ime
ali n without license.
20 Rich. IT.
plied intention, re-have the lands of his tenants cured for debt or damage, amounting to forty dying without heirs, though they were given out pounds or more, a noble, that is, six shillings and never so many years agone, and have passed eight pence, is, and usually hath been paid to through the hands of howsoever many and strange fine : and so for every hundred marks more a possessors.
noble; and likewise upon every writ called a Not withont good warrant, therefore, said Mr. præcipe of lands, exceeding the yearly value of Fitzherbert, in his Nat. Brev. fol. 147, that the forty shillings, a noble is given to a fine; and for justices ought not wittingly to suffer any fine to every other five marks by year, moreover another be levied of lands holden in chief, without the noble, as is set forth 20 R. II, abridged king's license. And as this reason is good and both by Justice Fitzherbert and Justice forcible, so is the equity and moderation of the Brooke; and may also appear in the old Nafine itself most open and apparent; for how easy tura Brevium, and the Register, which have a a thing is it to redeem a forfeiture of the whole proper writ of deceipt, formed upon the case, lands forever with the profits of one year, by the where a man did, in the name of another, purchase purchase of a pardon? Or otherwise, how tole- such a writ in the chancery without his knowrable is it to prevent the charge of that pardon, ledge and consent. with the only cost of a third part thereof, timely And herein the writ of right is excepted, and and beforehand bestowed upon a license ? passeth freely, not for fear of the words Magna
Touching the king's fines accustom- Charta, Nulli vendemus justitiam vel rectum, as er det er noe ably paid for the purchasing of writs some do phantasy, but rather because it is rarely this originalo original, I find no certain beginning of brought; and then also bought dearly enough them, and do therefore think that they also grew without such a fine, for that the trial may be by up with the chancery, which is the shop wherein battle, to the great hazard of the champion. they be forged; or, if you will, with the first The like exemption hath the writ to inquire of ordinary jurisdiction and delivery of justice itself. a man's death, which also, by the twenty-sixth For
, when, as the king had erected his courts chapter of that Magna Charta, must be granted of ordinary resort, for the help of his subjects in freely, and without giving any thing for it; suit one against another, and was at the charge which last I do rather noie, because it may be not only to wage justices and their ministers, but well gathered thereby, thut even then all those also to appoint places and officers for safe custody other writs did lawfully answer their due fines; of the records that concerned not himself; by for otherwise the like prohibition would have which means each man might boldly both crave been published against them, as was in this case and have law for the present, and find memorials of the inquisition itself. also to maintain his right and recovery, forever I see no need to maintain the mediocrity and after
, to the singular benefit of himself and all easiness of this last sort of fine, which in lands his posterity; it was consonant to good reason, exceedeth not the tenth part of one year's value, that the benefited subject should render some in goods the two hundredth part of the thing that small portion of his gain, as well towards the is demanded by the writ. maintenance of this his own so great commodity,
Neither has this office of ours* orias for the supportation of the king's expense, and ginally to meddle with the fines of any one word or the reward of the labour of them that were wholly other original writs, than of such only employed for his profit.
as whereupon a fine or concord may be And therefore it was well said by had and levied; which is commonly the writ of
Littleton, 34 H. VI, fol. 38, that the covenant, and rarely any other. For we deal not chancellor of England is not bound to make with the fine of the writ of entry of lands holden writs
, without his due fee for the writing and in chief, as due upon the original writ itself; but seal of them. And that, in this part also, you only as payable in the nature of a license for the may have assurance of good antiquity, it is ex- alienation, for which the third part of the yearly tant among the records in the Tower, 2 H. III. rent is answered ; as the statute 32 H. VIII,
сар. Memb. 6, that Simon Hales and others gave unto 1, hath specified, giving the direction for it; him their king, unum palfredum pro sunmonendo albeit now lately the writs of entry be made Richardo filio et hærede Willielmi de Hanred, quod parcel of the parcel ferm also; and therefore I teneat finem factum coram justiciariis apud North- will here close up the first part, and unfold the ampton inter dictum Willielmum et patrem dicti second. Arnoldi de feodo in Barton. And besides that, Before the institution of this ferm in oblatis de Ann. 1, 2, and 7, regis Johannis, and office no writ of covenant for the part of this fines were diversely paid to the king, upon the levying any final concord, no writ of purchasing writs of mort d'auncestor, dower, entry for the suffering of any common recovery pone, to remove pleas, for inquisitions, trial by of lands holden in chief, no docket for license to juries
, writs of sundry summons, and other more. alien, nor warrant for pardon of alienation made, Hereof then it is, that upon every writ pro- could be purchased and gotten without an oath Vol. III -41
• Right, or
the like import, seems to be omitted here.