A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

COURT.

Court, is diversly taken, sometimes for the house* 1.1 where the King remaineth with his ordinary reti∣nue, and also the place where Justice is judicial∣ly ministred. In times past the Courts and Benches followed the King, and his Court wheresoever he went, which thing especially shortly after the conquest being found very cumbersome, painfull, and chargeable to the people, it was agreed by Parliament, that there should be a standing place where judgment should be given, and it hath long time been used in Westminster-Hall, which King William Rufus builded for the Hall of his own house. In that Hall are ordinarily seen three Tri∣bunals, or Judges ••ea••s. At the entry on the right hand the Common Pleas. Where Civil matters are to be pleaded, specially such as touch Lands or contracts. At the upper end of the Hall on the right hand, the Kings Bench, where Pleas of the Crown have their place, and where Kings* 1.2 in former times have often personally sate. And on the left hand sitteth the Chancellour accompanied with the Master of the Rolls, who in Latin may be called Custos Archiv••rum Regis, and certain men learned in the Civil Law, called Masters of the Chancery, in Latin they may be called Asses••••••es.

There is also another Court of special note* 1.3 called the Star-chamber, either because it is full

of windows, or because at the first all the roof thereof was decked and garnished with gilded stars.

The Judges of this Court are the Lord Chan∣cellour, the Lord Treasurer, all the Kings Maje∣sties counsell, the Barons of this Land; and ma∣ny other Courts there are, of which some may fine and not imprison, as the Court Leet, some can∣not fine or imprison, but amerce, as the Court-coun∣ty, Hundred, Baron, for no Court may fine or im∣prison which is not a Court of Record: some may imprison and not fine, as the Constables at the pet∣ty* 1.4 Sessions for any affray made in disturbance of the Court may imprison but not fine: some Courts can neither imprison, fine, nor a merce, as ecclesi∣asticall Courts held before the Ordinary, Arch∣deacon or other Commissaries, all which proceed according to canon or civil Law; and some may imprison, fine, and amerce, as the case shall re∣quire, as the Courts of Record at Westminster, and else where.

Courts of Record are the Kings Courts, as he is King, those have that credit, that no ameroement can be taken against any thing there entred or done.

Notes

• * 1.1

  •• cometh of he Latin uria which ••so is etched from cura (as Valla writeth) whereby it is notified that heed and care ought to be taken in the deci∣ding of con∣troversies.
• * 1.2

  Wherein are holden all common Pleas be∣tween Sub∣ject and Subject of all matters of common Law so called, for that it serveth for the exact and precise administration of the common Law, Smiths com∣mon-wealth of England.
• * 1.3

  Smiths Common∣wealth of England, camera stellata, or of the Latin word stellio, a starry Beast, whence c••senage is called by the Civilians crim••n stellionatus, because that sinne is punished in this Court, Lamb. Iur. of Cour.
• * 1.4

  Cook 11 Rep. Godferys case.