Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent

The first beginning of Iustices in Eyre.

BVt before that I leave this Kin•• Henry the second, I must add this also; That he in the three a•••• twentieth yeer of his Reign, di•• (by the advice of his Son and B••¦shops)

cut the Realme into sixe ••••ts, and to every of those parts ••••••ointed three Iustices, which by ••••nry Bracton are called Itinerantes: ••••d in Brittons Booke Iustices in 〈◊〉〈◊〉, quasi errantes, (as Gervase of ••••••bury expoundeth it) in respect (as it seemeth) of those other which were first called Residentes, S••••••entes, and afterwards de Banco, 〈◊〉〈◊〉 the reason of their certaine sit∣••••••g without remove.

The proper names of which Iu∣stices are set downe by Roger Hove∣••••••, who also describeth their cir∣c••••ts, not to differ much from the ••••me that our Iustices of Assize doe ••••w ride: and these Iustices held ••••ea as well of criminall as of civill ••••its, and so continued till the be∣••••nning of the Reigne of King Ed∣••••rd the third, by which time their ••uthoritie was by little and little ••eakned, partly by a former advan∣cing

of certaine new Iustices, calle•• of Assize; because their first Offic•• was, to take Assizes of Mortdances•••• and of Novel disseisin (which in th•• customes of Normandie, from whic•• it came, is called La Novellette) i•• every Country: whereunto it wa•• afterwards added, that they wit•• others should take Attaints, I••¦ries, and Certificats, and deliver th•• Gaoles also; and partly by erect¦ing of VVardens of the Peace (after¦wards called Iustices of the Peace to whom likewise Iurisdiction o•• sundry sorts was given, and com¦mitted; so that about the begin¦ning of the Reigne of King Edwar•• the third, the Sessions in Eyr di•• altogether cease, and take leave And so I conclude, that not onel•• during all the time of the Conquer•••• himselfe, of William his Sonne, an•• of his other Sonne Henry (whic•• was a peaceable Prince, and a main¦tainer

of ancient Lawes, and learned 〈◊〉〈◊〉 them; whereof he had the name ••••••auclarke) but also under the go∣••••rnment of King Stephen, and of ••••is Henry the second, there was one ••igh Court following the King, ••hich was the place of soveraigne Iustice both for matter of Law and Conscience; and one other standing Court, which was governesse onely 〈◊〉〈◊〉 the Land and Revenues of the Crowne. The first of which, was ••••en called Curia Domini Regis, and ••••ula Regia; for that the Prince him∣••••lfe did many times sit in person there, and had Iustices à latere suo ••••••identes, (as Bracton saith) namely, ••••s chiefe Iustice, Chancellor, Consta∣••••e, Marshall, and others: for which ••••ason, it is called the Bench of the ••ing even to this day. The latter ••as then, as it is now, called Scacca∣••••m, eo quod lucibilis Scaccarii for∣••••••m haberet, if you will give faith

to Gervase Tylburie; or else it tooke the name of Stattarium, (as Paulus Aemilius, and after him Polydor Virgil doe write of it) or not unprobably was called Exchequer, of Escheats; because it had the order of those things which the Civilians doe call Caduca, and we Escheats. And in this the Prince sate not personally at a∣ny time, but his chiefe Iustice as President, and then the Chancelour of the Exchequer, the Treasurer, and Barons.

Notes

• Math. Par. Ann. 1176.