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Of Courts.
THus we haue gon through both the parts of Law; there remaineth yet one generall and common affection scatte∣red, throughout the whole Law, (as the bloud is through the bodie,) which we call an Action.
Action is the handling of a cause in con∣trouersie before certaine Iudges: who (in respect ot the place where they are set to doe Iustice) are commonly called a Court.
36. Ed. 3. cap. 15. All pleas which bee pleaded in any of the Kings Courts, before any of his Iustices, or in his other places, or before any of his other ministers, or in the Courts and places of any other Lords within the Realme shall be pleaded, shew∣ed and defended, answered, debated and iudged in the English tongue, & that they be entred and inrolled in Latine.
Of all apparent faults proceeding from the Action, As in false Latine (a) or de∣fault of forme in the writ, insufficiencie in an office or Inditement, misawarding of Processe (as if of an exigent where no exi∣gent lieth:) impossibilitie in the plea, as in account, supposing him to bee his Receiuor for vij yeares, and the defendant pleads, ful∣ly accounted such a day, which is the first of those vij yeares; The Court must take notice. To abate the Writ, award a Super∣sedias vpon those offices, Inditements, or Processe, to stay Iudgement if the defen∣dants plea bee found against him, &c. though the partie except not to it. And therefore although hee that casteth an Es∣soyne cannot pleade in abatement in the Writ, by way of plea; yet if it be a matter apparent to the Court, (as Henricus, &c. Dux Hiberniae, where it should bee Dominus) he & euerie other stranger, as amicus curia,
may. And the Court is bound to abate it ex officio, though the Tenant or defendant make default.
Euerie Court hath power to award forth Precepts. And if the Precept bee not serued, another of the like nature shall goe forth till it bee serued. Therefore the second Processe is called a Sommons (or attachment, as the first Processe was) sicut alias; the third a Pluries, the fourth, and al the rest, Plus pluries.
To euerie Court doe belong both Clarkes and Officers.
A Clarke is hee that serueth for things to be done in Court, as entering the pleas, and such like.
Any error that appeareth to the Court to be the Clarkes (misprision) mistaking, may bee amended at any time. As a good originall Writ or precept ill entered in the Rolle. A Writ against A. and B. and the whole Processe continued against B. &C. not A. and B. a Scire facias out of a fine & parcell of the land omitted.
14. E. 3. cap. 6. No Processe shall be ad∣nulled or discontinued by the Clarkes mi∣staking in writing one syllable or one let∣ter too little, or too much, but shall spee∣dily be amended, without any aduantage to the other.
9. H. 5. cap 4. made perpetuall.
4. H. 6. cap. 3. The Iustices before such pleas or Records bee made, or shall bee de∣pending by adiournement, errors, or other∣wise, may make such amendment as well after iudgement as before.
4 H. 6. cap. 3. The former Statutes shall not extend to Records and Processe, where∣by any person shall be out-lawed.
8. H 6. cap. 12. No iudgement or Record shall be reuersed or adnulled for error, as∣signed in rasing or interlining, adding, sub∣stracting, or diminishing of words, letters, titles, or parcell of letters in any Record, Processe, or warrant of Atturney, originall Writ, or iudiciall Pannell, or retorne, though to the Iudges of the Courts where∣in the said Records and Processe be certify∣ed (by Writ of Error, or otherwise) the same appeare suspected. But the Kings Iudges of the Courts where the said Records and Processe be certifyed by Writ of Error, or otherwise, shal examine the same by them∣selues and their Clarkes, and amend there∣in (in affirmance of the first Iudgement) al that seemeth to them to bee the Clarkes misprision: Except Appeales, Inditements of Treason, and of Felonies, and the Out∣lawries of the same. And the substance of
the proper names, syr-names, and additi∣ons, left out in originall Writs of Exigend, and other Writs containing Proclamation. And if any Record, Processe, Writ, War∣rant of Atturney, Returne, or Pannell, to be certified defectiue, otherwise than accor∣ding to the writing which thereof remai∣neth in the Treasurie, Courts, or places from whence they be certified; the parties in affirmance of the Iudgements of such Records or Processe, shall haue aduantage to alledge variance betwixt the same Wri∣ting and the Certificate: which being found and certifyed, the same variance shall bee by the said Iudges amended, according to the first writing.
27. Eliz. cap. 7. After demurrers ioyned and entred, the same Court may amend all imperfections, defects, & wants of forme, other than those onely which the party de∣murring shall particularly expresse with his demurrer.
Officers are those which are to serue the Courts Precepts, and where the Pre∣cept so requireth, to certifie the Court thereof: which we call a returne.
So vpon a Writ to inquire of dammages, it is a good returne that the Inquest gaue no dammages. For he returneth what they did.
But vpon a Capias returned Cepi corpus, he shall be amerced if he haue it not there at
the day. For the Writ is, Capias ita quod corpus eius habere possis, &c. tali die, &c.
Westm̄ 2. Cap. 39. Dammages giuen against the Sherife if he returne not at all, or returne a tardie, vpon Writs deliuered or offered to be deliuered him by Billet. So vpon returning Mandaui Balliuo libertatis falsely: vpon resistance of any Great man to execute the Kings Precept, the Sherife shall take the Fosse Comitatus, and see it ser∣ued.
Stat. Ebora•• 12. E. 2. Ca. 5. Bailifes of Franchises must deliuer their returnes of the Writs to the Sherife by Indenture, and if he change the Returne, the Lord of the libertie, and the partie, shall recouer double dammages.
The Sherif, &c. must set his proper name to all returnes.
27. Eliz. C. 12. Euerie Vnder-Sherife, Bailife of Franchise, Deputie, or Clarke of the Sherife, &c. must take an oth for the supremacie, and for the true, speedie, and indifferent returning of Writs, and impa∣nelling of Iurors, without taking aboue the fees allowed.
29. Eliz. Cap. 4. Sherifes may take for the seruing of any extent or execution on∣ly
xij. đ. of and for euerie xx. s. where the summe exceedeth not C. l. and vj đ. of and for euerie xx s. beeing aboue an C. l. that they shall leuie, or extend and deliuer in execution, or take the bodie in execution for.
Courts are Courts of Record, or Court Barons. For against a recouerie pleaded in antient demesne, or other Court Baron; one shall not say, nul tiel Recorde, for it is no Record, but nul tiel recouerie, and it shall be tried by the Countrie. Otherwise it is in the Kings Courts.
Of Recorde, which are the Kings Courts, as he is King. Otherwise, if the King haue a Court as Lord of a Mannour, that is but a Court Baron. And these haue that credit, that no auerment can be taken against any thing there entered or done. And therefore worke an Estoppell to the parties in like sort, as Indentures did be∣fore. As vpon a Lease made by fine, both parttes are estopped to say the Lessor had nothing in the land.
So of Pleas in Barre, Replications, Re∣turnes of the Sherife, &c.
1. E. 3. Cap. 4. Statut. 1. Auerment giuen in a Writ of false Iudgement against the Record certifyed.
Things also that cannot be granted but by Deed, passe here, and that more strong∣ly, by matter of Record.
The King taketh Hereditaments, though it be but for yeares. Otherwise it is of an Obligation or Chattell personall, by matter of Record onely: for to personal and transitorie things, as Catalla felonum & fugitiuorum, wrecke of Sea, treasure troue, and the profits of land of persons out-law∣ed in a personall Action, &c. the King is intituled without office or other matter of Record: but to take a Free-hold by a Con∣dition broken, or purchase of his Villeine, or such like, hee cannot without office or matter of Record. Otherwise it is, where the Law casts a Free-hold vpon him, as in a gift in Taile, the remainder to the King.
And therefore also the King taketh a Free-hold without liuerie or seisin by deed inrolled: but cannot be infeoffed by Deed, without inrollement of Record, for that no Liuerie can be made vnto him.
Villenage beginneth onely by confessing a mans selfe to be one in a Court of Re∣cord And therefore in a Praecipe quod reddat, if the Tenant say, That he is a Villeine to I. S. and holds the Land in Villenage, the demandant saith that is franke, &c. and he is found franke by the Iurie: yet he remai∣neth a Villeine to I. S.
Duties of the Testator growing by re∣cord, must be answered by Executors be∣fore other duties.
Courts of Record are the Parliament, or Courts that haue ordinarie iurisdicti∣on. For the Parliament when it is sitting, may take a Recognisance, and doe such other things as to a Court of Record ap∣pertaineth.
The Parliament is a Court of the King, Nobility, and Commons assembled, Hauing an absolute power in all causes. As to make Lawes, to adiudge matters in Law, to trie causes of life and death; to re∣uerse errors in the Kings Bench, especially where any cōmon mischiefe is, that by the ordinarie course of Law there is no meanes to remedie: this is the proper Court for it. And all their Decrees are as Iudgements. And if the Parliament it selfe doe erre (as it may) it can no where bee reuersed but in Parliament.
4. E. 3. Cap. 14. & 36. E. 3. Cap. 10. A Parliament shall be holden once euerie yeare.
1. H. 4. Cap. 14. No Appeale shall bee pursued in Parliament.
Statutes of restraint binde not vnlesse they concerne the Common-wealth, or hée be specially named: As the Statute of Westm̄ 2. which altereth fee-simple Con∣ditionall, into an estate Taile, that Tenant in Taile shall haue no power to alien, doth binde him: for it is for the Common∣wealth. So as Lands being giuen to the King in Taile, the Remainder ouer, if the K. haue issue who alieneth, & dieth with∣out issue; hee in the remainder may enter. But if by Statute one be attainted, and his lands forfeit, with a prouiso that of such lands as hee was seised to the vse of any other cesty qui vse may enter; that bindeth not the King that cesty qui vse should enter vpon him, for it is not for the Common∣wealth. But the Statute of 1. H. 5. cap. 5. that in Enditements, addition must bee gi∣uen to the partie indited, bindeth the king in that case because Enditements are espe∣cially named.
He may licence things forbidden by the Statutes. As to coyne monie which is made felonie by the Statute, and was be∣fore lawfull, for that is but malum prohi∣bitum. But malum in se, as to leuie a nusance in the High-way, hee cannot licence to do: but when it is done he may pardon it. But where the Statute saith his Licence shal be void, there it must haue a clause of Non
obstante; that is to say, this clause, (notwith∣standing any Statute) else it is not good. As the Statute 23. H. 6. cap. 18. is, That the Kings Grant to be Sherife of any County, longer than a yeare, shal be void, notwith∣standing that the clause of Non obstante bee in the Patent: yet with a clause of Non ob∣stante such a Grant is good, and not with∣out it. But neither without nor by that clause, hee can dispence with a Statute be∣fore it bee made. And therefore a licence to carrie Bell-mettall out of the realm (not∣withstanding any statute made or to bee made) is not good, if a Statute be made af∣ter that to prohibite it. For hee cannot di∣spence with an Act of Parliament before it be made.
Courts of Record which haue an ordi∣narie Iurisdiction, are either generall, whose Iurisdiction extends throughout the Realme, or but within some Countie: wherefore these latter, for their order and course of proceeding, doe in all things fa∣shion themselues to the example of those higher courts, as of the parents from whom they come.
The former are those that are holden in Terme time onely: the whole yeare ha∣uing foure Termes, Michaelmas, and Hillarie Terme, Easter and Trinitie Terme, and euerie Terme seuerall dayes of Returnes. If either the returne day, or first or last day of Terme fall vpon the
Lords day, then the day following is taken in stead of it.
Michaelmas Terme (beginning the 16. of October, and ending the 28. of No∣uember) hath 8. returnes Octabis Michaelis that is the 8. day after the feast of Saint Mi∣chael. Quindena Michael, that is the 15. day after. Tres Michael, that is at the end of 3. weeks after. Mense Michael, that is at the end of a moneth after. Chrastino animarum, that is the next day after Chrastino Martini, Octab. Martini, Quindena Martin.
Hillary Terme beginning the 23. day of Ianuary, and ending the 12. of Februarie hath foure returnes: Octabis Hillarij. Quin∣dena Hillarij, Chrastino purificationis. Octabis purif.
Easter Terme beginning 17. dayes af∣ter Easter and ending the Monday next after Assention day, hath fiue returnes. Quindena pasche, Tres paschae, Mense paschae, Quin{que} paschae, that is fiue weekes after Chrastino Assentionis.
Trinitie Terme beeginneth 12. dayes after Whitsunday, & continuing, 19. daies, hath fiue returnes, Octab Trinitat. Quinde∣na trinitat', Chrastino Iohannis Baptistae Octab. Iohannis Baptistae, quindena Iohannis Baptista.
32. H. 8. cap. 21. Trinitie Terme shall be∣gin the Monday after Trinitie Sonday for keeping of Essoynes, profers, returnes, &c.
The full Terme shall begin the Friday af∣ter Corpus Christi day. And haue foure re∣turnes onely, Crastino Trinitatis, Octabis Tri∣nitat': quindena Trinitatis, Tres Trinitatis. The rest are cut off.
To these Courts belongeth the power of sending forth writs.
A writ is a Latin letter of the kings from thence in Parchment sealed with his seale.
All Writs haue a salutation, Rex to such a one salutem, And a conclusion expressing the name of one which is witnesse to the writ, called Teste (who in writs out of the Chauncerie is the king himselfe: in other writs the chiefe Iustice of the place) the place as apud Westmonastarium, &c. and the time both day and yeare of the making of it, if it be returnable, the day of the returne is also appointed in it.
The third writ (which is the Fluries) not serued, is a contempt, whereupon an At∣tachment lieth. And therefore the third writ hath alwayes this clause in it, Vel causam nobis significes. So may the second which is the Alias also haue, if the Plaintife will.
The officer of these higher Courts is the sherife to whom is committed the cu∣stodie of the Countie.
For matters spirituall, as certifying ex∣comengement and such like, the ordenary is their officer.
And to the Sherife the writ must bee di∣rected, though it bee for a thing done in a franchise, and he shall send to a Bailife of the franchise: who shall serue it as a ser∣uant to the Sherife, and the Sherife re∣turne it.
And though the Sherife serue an execu∣tion in a Franchise, yet it is good. And the Lord of the Franchise is driuen to his a∣ction vpon the case against the Sherife, for the Sherife is immediate officer.
But in a place excepted out of euery countie (as the pallace of Westm̄ is) it shal bee directed to the Gardian of the pallace, for he is immediate officer to the court, and in the nature of a Sherife.
So certificates of excommengement &, such like must be made by the Ordinarie, not by the Commissarie, Archdeacon, or any other, though hee haue an immediate iurisdiction, vnlesse he were speciallie ad∣mitted an officer to the court.
These generall courts, are the Chan∣cery and two benches: the Kings Bench, and Common-place.
Chancery which beside that it dealeth with matters of Conscience, and modera∣ting the strictnesse of the common law by an absolute power, dealeth also in ordinary course of law in diuers cases especially, in suits concerning the King, as petitions. Scire facias to repeale his patents, &c. and
so it is a court of law and of record, where the Iudge is the Chancellor hauing the custodie of the great Seale of England, vnder which passe all Writs out of the Chancery with Teste meipsos; and also the Kings (a) graunts, being therefore called letters patents, Though it bee of things which he hath in his naturall capacitie, as by descent from his mother, &c. and are entred of record in this Court.
18. H. 6. cap. 1. The Kings letters pa∣tents must beare date the day of the deli∣verie of the warrant to the Chancellor, and not before, otherwise they are voide.
3. E. 6. cap. 4. Euery one that hath any interest in any land or office by or vnder authoritie of the kings letters patents (made after the fourth day of Februarie 27. H. 8.) may make his title auowrie plea, &c. aswel against the king as any other by an Exem∣plification (or constat) vnder the great Seale.
13. Eliz. cap. 6. So of the Patentees of King Henrie, 8. E. 6. Queene Marie, Philip and Marie, & her Maiestie that now is and all claiming vnder them.
Such graunts are effectuall to passe a freehold from the King without any liue∣ry
of Seisin. And therefore his letters pat∣tents being Tenant in Taile make no dis∣continuance. And being matters of record, which being no lyuerie, they take effect from the time of the date. Therefore the Kings Charter of pardon shall bee pleaded without shewing when it was deliuered, because being a matter of record, it shall haue relation to the date, and not to the li∣uerie. Otherwise it is of a deed.
In default of a Chancellor, the Lord-Keeper of the great Seale hath his autho∣ritie.
The Keeper (or Master) of the Rols, is an assistant to this Court.
In the Kings Bench and Common place, the Iudges are one chiefe Iustice, and thrée (or sometimes more) other Iu∣stices. The teste of their writs is, teste Io∣hanne Popham (the chiefe Iustice, &c.)
The Kings Bench is that which dea∣leth properly with Pleas of the Crowne, both hearing and determining them.
The Common place which dealeth pro∣perly with common Pleas, such are those termed which concerne possessions.
being one chiefe Baron and three o∣ther. And this also hath a Court of Chan∣cery before the chancellor & Barons of the Exchequer, called the Exchequer chamber.
The Escheator here is a special officer, and hath a kind of Court for finding out the Kings title to lands, tenements, or o∣ther things.
14. E. 3 cap. 8. No Escheator shall tarrie in his office aboue a yeare.
These are the Courts whose jurisdiction extends throughout the Realme.
Those which deale but within some Countie, are the Sherife in his turne, and the Coroners.
The sherifes turne is a Court of record for offences which are common grieuan∣ces. As a robberie, (a) bloudshed, clipping & washing of siluer and gold, night wal∣king, the not repairing or making cleane of a bridge or a ditch, (b) fraies and assaults, &c. But not (c) murder or breaking of ones hedge, &c. for they are no common grie∣uances, but a wrong to one singular person.
Whereunto euery man of the age of 12. years & vpwards (being within the pre∣cinct) oweth suite, & must be sworne to the Kings Allegeance. And this is called a suit reall, being not due by reason of mens free∣holds, but of their body, because they are resiant within the precinct of the Leet. But women are not compellable to come thither
nor to be sworne to the king. And therfore when a woman is outlawed, she is said to be waued and not outlawed, because she is neuer sworne to the Law.
Piers of the Realme are excepted: And persons of Churches, and other men of Re∣ligion, as appeareth before.
The offendor here shall be amerced, and distreined for that amercement, through∣out the whole precinct of the Countie.
Magn̄ Chart. 35. The sherife shall make his turne throughout the Hundred but twice a yeare, that is to say, once after Easter, and againe after Michaelmas. And the view of frankpledge shall be made as she turne of Michaelmas.
31. E. 3. cap 14. Stat. 1. The turne must be yearly, once within a moneth after Ea∣ster, and another time within a moneth af∣ter Michaelmas: if they hold them in ano∣ther manner, they shal loose their turne for the time.
1. E. 3. cap: 17. Endictments in Sherifes turnes must be by Rols indented, one part to remaine with the enditors, the other with the sherife.
1. E. 4. cap. 2. vpon endictments and pre∣sentments taken before Sherifes, or their ministers, at their turnes, or Lawdayes, they shall not attach, arrest, or imprison, nor leuie any fine, or amerciament of any person so indited (or presented) but shall
deliuer the same enditements or present∣ments to the Iustices of peace of the same Countie, at their next Sessions, who shall proceed thereupon, as if they were taken before them.
1. Ric. 3. cap. 4. None shall bee returned vpon pannell of enquirie of the Sherifes turne, but men of good name and fame, ha∣uing within the same freehold land to the yearely value of xx. s. or copie land to the yearely value of xxvj. s. viij. d. and euery en∣ditement otherwise taken shall be void.
The Coroners Court, is a Court for matters of the Crowne. Batterie, mayme, rape, murder, &c.
Westm 1. cap. 10. Coroners shall be cho∣sen in all Counties, of the wisest and suffi∣cientest Knights.
14. E. 3. cap. 7. That no Coroner shall be chosen, vnlesse he haue land in fee suffici∣ent in the same Countie, whereof he may answer to all manner of people.
28. E. 3. cap. 6. Al Coroners of the coun∣tie shall be chosen in the full Counties, by the Commons of the same Counties, of the most connenient and most lawfull people that shall bee found in the same Counties to do the office. Saued alwayes to the king, and other Lords which owe to make such Coroners, their seigniories, and franchises.
Westm. 1. cap. 10. The sherifes shal haue
Conterrols with the Coroners, as well of their appeales, as of enquests of Attach∣ments; and of other things which to that office doth belong.
Westm̄ 1. cap 10. Coroners must take nothing for doing their office.
Vpon iust cause of exception to the she∣rife, processe out of the higher Courts shall be directed to the Coroners.
The Steward and Marshall of the Kings house, haue a Court, for al personel actions, and pleas of the Crowne, arising there. As debt, couenant, trespasse, &c. & by the common Law they might hold plea of freehold it selfe, as it seemeth by the statute of Artic. super Chartas cap. 3. which saith, from henceforth they shall not hold plea of freehold. Also they may enquire of treason, murder, felony, manslaughter, bloudshed, &c and take appeales of al kinds of felony and maime.
Artic. super Chart. cap. 3. They shal not hold plea of any contracts & couenants but such as one of the kings house maketh with another of the same house. Nor of any tres∣passe, vnlesse the partie were attached, and the plea determined before the kings depar∣ture from the place where the trespasse was committed.
Any thing attempted here against, is void.
Pleas of felony (that cannot be determi∣ned, before the Steward, because the fe∣lons cannot bee attached, or for other like cause) shall be referred to the common law.
5. E. 3. ca. 2 & 10. E. 3. ca. 2. Enquests shal be taken there by men of the county about, and by no men of the kings house, except it be in couenants, contracts, & trespasses, when either partie is of the kings house.
5. H. 6. cap. 1. The defendants may auerre that themselues or the plaintife (at the time of the suite commenced) were not of the Kings house against the Record.
13. Ric. 2. cap. 3. The iurisdiction shal not passe aboue 12. miles about the K. house.
33. H. 8. ca. 12. The Lord Steward of the Kings house alone, and (in his absence) the Treasurer and Comptroler of the K. house, with the Steward of the Marshalsy, or two of them (whereof the Steward of the Mar∣shalsy to be one) may without commission heare and determine all treasons, misprisi∣ons of treasons, murders, manslaughters, & bloudshed, within the K. house, although the king be remoued before. The enquiring and verdict must be by the kings houshold seruants in the Check Roll.
No Clergie, nor sanctuary, to any that is found guiltie before them.
By reason also of certaine franchises, grow two other Courts of records, which deale within some certaine precinct: a Leet and Court of Pipowders.
A Leet is a Court of Record, hauing the same iurisdiction within an hundred onely, or some lesse preciuct, which the Sherifes turne hath in the Countie, the profit of, it beeing to a common person. Therefore it (a) dealeth with offences that are common grieuances. And (b) all (but Piers of the Real me) owe suite vnto it, and must be sworne to the Kings Allegeanee. And the (c) offendor for an amercement shall be distreined through out the precinct of the Leete. And that as well out of the Land holden of the Lord of the Leete (where the offence was done) as within it. The Sherifes turne as an ouerseer of this Court, is to (d) enquire whether the ty∣things be whole, or no: to (e) present de∣faults that are not redressed in the Leete: And if (for misuser or other cause) the Leet be seised into the kings hands, all the peo∣ple shall come to the sherifes turne. But (f) otherwise the sheriefe in his turne hath no power to enquire of an offence done within the Leete.
A Court of pipowders is a Court of record, (ff) incident (g) to Faires and Markets: but by (h) custome, a Court of pipowders may bee held, out of Faire or Market: for all actions arising there, by reason of any contract, couenant, trespasse, debt, &c. (i) And the suite must at the same time be commenced.
17. E. 4. cap. 2. made perpetuall, 1. R. 3. cap. 6. No plea shall be holden in Court of Pipowders, vnlesse the plaintife or his At∣turney sweare, that the matter of declara∣tion was done in time of the same Faire, & within iurisdiction thereof, but that oath shal be no conclusion to the defendant, but that he may pleade as he might before. E∣uery Steward, &c. holding plea contrarie, forfeiteth C. s.
The King (by commission vnder his letters pattents) but not by writ, may erect other Courts at his pleasure.
Such were Iustices of Eyre, and such Courts of record in Corporations, and o∣ther places, by speciall Charter.
The Kings Councell also is a Court, to deale with the punishment of contempts, and called the Starre-Chamber. But this is no Court of Law.
3. H. 7. cap. 1. The Chancellor, Treasurer, and priuie seale, or two of them (calling vnto them a Lord Temporall, and another spirituall of the Kings Councell, and the two chiefe Iudges) may examine ryots, maintenances, &c.
These are the Courts of record. A court Baron is the Court of a common person. And is for personall accounts vnder the value of xl. s. For a Trespasse lieth not in a
Court baron of damages aboue xl s. And a Supersedeas lieth to the Sherife, vpon diuers plaints in the Countie Court, euery one vn∣der xl. s. when all are for one entire debt of xl. s. Or vpon an Action of Couenant brought there to the damage of aboue xl. s.
These cannot be kept oftner then euer is three weeks. But so it bee not oftner then from three weeks to three weeks, it may be holden as often as the Lord wil. And there∣fore to hold of one by doing suite at his court of D. at Mich and at Easter, it is to be entended at his Court Baron; for though a court Baron be commonly holden from 3. weeks to 3. weeks: yet suite of Court may be once, twice, or thrice a yeare, as it is first re∣serued.
The processe here is by precept to the bailife, good enough, though it bee but by word: Inasmuch as the triall in a Court Baron is all by the Countrie, and not by Re∣cord: for all is but matter enfait.
The sutors are the Iudges, both in an hundred Court, Countie Court, or Court Baron, and the bailife and sherife are but ministers.
A Court Baron is the Lords, or the Countie Court. The Lords is either of a particuler mannor, or of a whole hundred. For a Court Baron is incident to euery (a) mannor, and to euery (b) hundred.
The hundred Court is that whereunto all the inhabitants within the hundred owe suit. By reason of their tenements. And is in
effect but a Court Baron.
The Countie Court, which is incident to the Sherife. For the Sherife hath two Courts by the common law, for gouern∣ment of the shire: his Countie Court, (wherein one shall haue remedie against a∣nother for any matter betweene them) and the sherifes turne. But the pleas holden be∣fore him in the Countie Court are not of Record, though it be by writ of Iustices.
4. H. 6. 16.
(b) 5. E. 4. 7.
(c) 7. H. 6. 5.
4 H. 6. 16.
14. H. 6. 20. in a Sommons ad War∣rantizandum. F. N. B. 73. in a Re∣pleuin.
7. H. 6. 4••.
44. E. 3. 18.
20. E. 47.
44. E. 3. 3.
44. E. 3 2.
9. E. 4. 42.
9. E. 4. ibid.
15. El. Pl. 434.
(a) 21. H. 9. 24.
(b) 5. E. 4. 1.
18. Eliz ploy. 483. 21. H 7. 19. 39. H. 6. 26. Stamf. praef. 56.
3. Eliz. ploy. 229.
3. Eliz. ploy. 229. 5. E. 4. 7.
Lit. 39.
41. E. 3. Villen. 6.
21. E. 4. 21.
1. H. 7. 20 the higher house. Br. Recogn. 8. the lower house.
23. El. Dyer 375. 1. H. 7. 19.
37, Ass pl. 17.
21 E. 3. 46. Br. Parliament 16.
34. H. 6. 41.
2. E. 4. 1.
Fitz. Nat. Br. 68. ••
Fitz. Nat. Br. ibid
2. H. 6. 7.
7. E. 4. 14.
2. H. 6. ibid.
2. H. 6. ibid.
7. E. 4. 14. 8. H. 6. 3. 12. E. 4. 15.
4. El. Pl. 213.
(b) C••. Court•• fol. 108.
38. H. 8. Br. Pa∣tents 101.
37. H. 6. 21.
Stat. 5. El ca. 18.
10. El. ploy. 320.
10. Eli. ibid.
10. Eliz ibid.
4. E. 4. 24. He may take Inquisitions virtute officij.
F. N. E. 82.
22. B. 4. 22.
10. H. 6. 7.
22. E. 4. ibid.
F. N. B. 161. Brit. per Br. leet 39
12. H. 7. 18. 25. E. 3. 23. ••
Brit. per Br. ibid.
F. N. B. ibid.
Stat. Marl ca. 16. so reciteth it.
2. H. 4 24. 8. R 2. auowry 194.
Stamf. ••••.
14. H. 7. 31. 4. H. 7. 3.
Diu. of courts f. 102
Diu of courts f 102 Stamf. 57. a.
Fit. N. B. 82. 23. E. 3. 22.
••1. E. 4. 22.
22. E. 4. 22.
F. N. B. 161. Brit. {per} Br. l••et 39.
2. H. 4 24. 8. R. 2 Auowry 194
31. H. 6. leet 11
12. H. 7. 18.
29. E. 3 21. Auowry 247.
6 E. 4. 3. 7 E 4 23. A writ of Errour lieth there, and not a writ of false iudg.
Stat. 17. E. 4. ca 2 so reciteth it.
13. E 4 8. Ibid.
4. M. Dy. 133▪
42. ass. pl. 12.
F. N. B. 239. {pro} Br. iurisd. 99. F. N. B. 239 g.
Br. leet 32.
21. E. 4. 5.
16. H. 7. 14.
6. E. 4. 3.
F. N B. 82.
34. H. 6. 49.
13. H. 7. 19. 12. H 7. 17.
12. H. 7. 18.
F. N. B. 1••.