Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ...

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Title
Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ...
Author
Dugdale, William, Sir, 1605-1686.
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London :: Printed by F. and T. Warren for the author,
1666.
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Subject terms
Law -- Great Britain -- History.
Judges -- Great Britain.
Courts -- Great Britain.
Law -- Bibliography.
Inns of court.
Inns of Chancery.
Heraldry -- Great Britain.
Great Britain -- History -- Chronology.
Link to this Item
http://name.umdl.umich.edu/A36799.0001.001
Cite this Item
"Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A36799.0001.001. University of Michigan Library Digital Collections. Accessed June 10, 2024.

Pages

Cap. XVIII. (Book 18)

The Common-Pleas. (Book 18)

THat this Court, for the hearing a 1.1 of all controversies, in mat∣ters Civil, betwixt party and party, vulgarly called the Common-Pleas, was antiently kept in the Kings own Palace, and distinct from that of the Kings Bench, there is not only this circumstantial testimony from a Charter of King Henry the first, whereby he granted to the Abbot of B. conusance of all Pleas, with this expression;b 1.2 so that neither the Iustices of the one Bench, or of the other, or Iu∣stices of Assize, should meddle &c. but the express words of Magna Carta to prove it; viz. Communia placita non sequantur Curiam nostram, sed teneantur in aliquo certo loco; the

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Exchequer having been the place where those causes were heard,* 1.3 and not any other peculiar Court, untill the Confirmation of the great Charter at soonest, which was about the lat∣ter end of King Iohns reign, as is evi∣dent, not only from those authorities, which I have cited in my discourse of that Court; which shew that the Chief Iustice of England, and other persons learned in the Laws of this Realm, did antiently sit there, and hear complaints in Cases Civil; as also that Fines were then and there levied before them; but from the di∣rect words of the Statute of 28 E. 1. (called Articuli super Cartas) cap. 4. viz. that No Common Plea shall be henceforth held in the Exchequer, contrary to the form of the great Charter.

And as the severing of this Court from the Exchequer, was at first, no doubt, occasioned from the great in∣crease of Suters and Causes thereto: so questionless was it, that, for mo∣derating the expence and trouble un∣to which the Subject was exposed by repairing to the Kings supreme Court, where ever he moved; and for taking off the chardge and ha∣zard in carrying the Records upon all occasions of the Kings removal, this Law for fixing the Common Pleas in a certain place (viz. at UUestm.) was first made; to the end, that the peo∣ple might be sure, whither to resort for tryal of their rights: After which time the Writs ran thusc 1.4;—quod sit coram Iusticiariis meis apud West∣monasterium: whereas before—d 1.5 quod sit coram me vel Iusticiâ meâ.

The jurisdiction of this Court Bractone 1.6 doth in a few words thus describe,

—Habet etiam Rex Curiam & Iu∣sticiarios in Banco residentes, qui cognos∣cunt de omnibus placitis, de quibus au∣thoritatem habent recognoscendi: Et sine warranto jurisdictionem non habent, nec coertionem:

The first, who had the appellation of Capitalis Iusticiarius in this Court, (that I have ever observed) was Gil∣bert de Preston, who by that titlef 1.7 had his livery of Robes in 1 E. 1.

It seems, that the certain fixing of this Court at Westm.* 1.8 occasioned much more resort thereto than be∣fore; for about the beginning of King Edward the seconds reign, there were so many sutes therein; as that the King was necessitated to increase the number of his Iustices, who were to sit there, unto six, which commonly were not above three before that time: and so to divide them as they might sit in two places—Et covient, saith the Record,g 1.9 que taunz ysoient, pur ceo q'il covent aver deus places pour le multitude des plez, que plus est ore que unques ne fust en nuly temps: the names of which six were these, Sire William de Bereford Chief Iustice, Sir Lambert de Trikingham, Sir Hervy de Staunton, Sir Henry le Scrope, Sir Iohn de Benstede, and Sir William de Bourne (as I have also in my Chronologick Tables exprest.)

How long they thus sate in two places, I cannot say: but certain it is, that the number of them was after∣wards increased; for within three years following (viz. in 6 Edw. 2.) there were seaven, though no more than six in any year afterwards of that Kings reign: no nor in King Ed∣ward the thirds till 7 E. 3. and then seaven again: but in 11 and 12 E. 3. eight; viz. Iohn de Stonore, Will. de Shareshull, Iohn Inge, Iohn de Sharde∣low, Ric. de Aldeburgh, Roger Hillary, Will. Scot, and Will. Basset: And in Trinity Term 14 Edw. 3. these nine; viz. Iohn de Stonore, Will. de Shareshull, Iohn Inge, Will. de Shardelowe, Ric. de Aldeburgh, Roger Hillary, Will. Basset, Iames de Wodestoke, and Robert Par∣nyng, as by the Fines then levied be∣fore them appeareth.

Howbeit after that, there were never so many; there being, for the greatest part of the same Kings and King Richard the seconds reign, but five: and so till 1 Henr. 6. that they were again increast to seaven: But that number held not; for after, there were seldome more than five till 27 H. 6. then six, and so the two ensuing years: In 29 and after, till 32. seaven; and then eight. In 33 and after, seaven: So also for a good part of King Edward the fourths time; but towards the end of his reign no

Page 40

more than four, nor in all King Henry the sevenths time.

Of this Court I find it also farther observable; that some of the Iusti∣ces thereof were also Chief Barons of the Exchequer at the self same time; viz. Iohn Ivyn in 5 H. 6. in consideration whereof, by reason that the Termes in the Exchequer were longer than in this Court of Common-Pleas, he had a granth 1.10 of one Tun of Wine, yearly to be recei∣ved out of the Kings own Wines, at the hands of his Chief Butler, in the Port of London, at the said Kings price. Sir Humphrey Starkey ini 1.11 1 H. 7. and Iohn Fitz-Iames ink 1.12 13 H. 8.

Page [unnumbered]

Notes

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