The works of Francis Bacon, lord chancellor of England.

THE USE OF THE LAW. 249
Slrifrf'sTourn lord or earl, did direct that those earls, and all writs of execution of the law, according
instituted upon within their limits, should look to the to judgments of superior court, for taking of men's
Ecoungtandi, matter of the peace, and take charge goods, lands, or bodies, as the cause requireth.
charge of t!,is Of the constables, and reform public The hundred courts were most of
court was coMn- Hundred courts
mirtedf tlhe annoyances, and swear the people to them granted to religious men, noble- tv, whor they
county: this the c, e pledges the a oe f
waikeise the crown, and take pledges of the men, and others of great place. And gruated.
called curi freemen for their allegiance, for which also many men of good quality have attained by
purpose the county did once every year charter, and some by usage, within manors of their
keep a court, called the Sheriff's Tourn; at own liberty, of keeping law days, and to use
which all the county (except women, clergy, there justice appertaining to a law day.
children under twelve, and not aged above sixty) Whosoever is lord of the hundred Lord of the
did appear to give or renew their pledges of alle- court is to appoint two high constables poinrtdttohigh
gliance. And the court was called C(uria Franci of the hundred, and also is to appoint.co.st.hte
Plegii, a view of the Pledges of Freemen; or, in every village a petty conistable, with a tithing
Tturnvus Comitatus. man to attend in his absence, and to be at his
Subdivision of At which meeting or court there fell, commandment when he is present in all services.couty sout by occasion of great assemblies, much of his office for his assistance.
bloodshed, scarcity of victuals, muti- There have been by use and statute law (benies, and the like mischiefs which are incident to sides surveying of the pledges of freemen, and
the congregations of people, by which the king giving the oath of allegiance, and making constawas moved to allow a subdivision of every county bles) many additions of powers and authority
into hundreds, and every hundred to have a court, given to the stewards of leets and law-days to be
whereunto the people of every hundred should be put in ure in their courts; as for example, they
assembled twice a year for survey of pledges, and may punish innkeepers, victuallers, bakers, butuse of that justice which was formerly executed chers, poulterers, fishmongers, and tradesmen of
in that grand court for the county; and the count all sorts selling with under weights or measures,
or earl appointed a bailiff under him to keep the or at excessive prices, or things unwholesome, or
hundred court. But in the end, the kings of this ill made in deceit of the people. They may purealm found it necessary to have all execution of nish those that do stop, straiten, or annoy the
justice immediately from themselves, by such as highways, or do not, according to the provision
The chtrlge of were more bound than earls to that ser- enacted, repair or amend them, or divert water
ty and readily subject tonty
takefroY the vice, and readily subject to correction courses, or destroy fry of fish, or use Of shat matcnrls,earlydto for their negligence or abuse; and engines or nets to take deer, conies, qir theyin-ee
mitted yearly to quire of in leet
sitl persons as therefore took to themselves the ap- pheasants, or partridges, orbuild pigeon and law-days.
king. pointing of a sheriff yearly in every houses, except he be lord of the manor, or parson
county, calling them vicecomites, and to them di- of the church. They may also take presentment
rected such writs and precepts for executing jus- upon oath of the twelve sworn jury before them
tice in the county as fell out needful to have been of all felonies; but they cannot try the inalefacdespatched, committing to the sheriff custodium tors, only they must by indenture deliver over
conmitatos; by which the earls were spared of those presentments of felony to the judges, when
their toils and labours, and that was laid upon the they come their circuits into that county. All
The sheriff is sheriffs. So as now the sheriff doth those courts before mentioned are in use, and
udgrd cltr all the king's business in the county, exercised as law at this day, concerning the shesot git.en urany and that is now called the Sheriff's riffs' law days and leets, and the offices of high
Tourn; that is to say, he is judge of constables, petty constables and tithing men;
this grand court for the county, and also of all howbeit, with some further additions by statute
hundred courts not given away front the crown. laws, laying charge upon them for taxation for
County Court He hath another court, called the poor, for soldiers, and the like, and dealing withkept monthly County Court, belonging to his office, out corruption, and the like.
by tle sheriff.
wherein men may sue monthly for any Conservators of the peace were in
debt or damages under forty pounds, and may ancient times certain, which were as- the reavcet.lled
lave writs for to replevy their cattle distrained signed by the king to see the peace wYrit for term
of their lives,
and impounded by others, and there try the cause maintained, and they were called to ~olatthehking's
of their distress; and by a writ called Jutsticies, the office by the king's writ, to con- pleasure.
a man may sue for any sum; and in this court the tinue for term of their lives, or at the king's
sheriff, by a writ called an exigent, doth proclaim pleasure.
men sued in courts above to render their bodies, For this service, choice was made of Conservators of
or else they be outlawed. f the best men of calling in the country, th pe.ce,,,and
Thre offcer This sheriff doth serve the king's and but few in the shire. They might fice wasthesheriff. writs of process, be they summons, at-'bind any man to keep the peace, and to good
tachments to compel men to answer to the law, behaviour, by recognisance to the king, with
VoL. III. —32