COURT of the DUTCHY of LANCASTER.

This Court, which is kept at Weftminster by the Lower Exthequer, takes Cognizance of all Causes that concern the Revenue of this Dutchy, which has been long fince annex'd to the Crown.

The Chief Judge of this Court is the Chancellor of the Dutchy, who is affifted by the Attorney thereof. The other Officers you will find in the Lift.

De

CHA P. XXXVII.

Of the Affizes and Seffions. And therein of Confta-
bles, Coroners, Juftices of the Peace, and Juries:
With a particular Account of the Manner of
Trying Malefactors.

HE Affizes are Courts kept twice a Year in every County Asizes.

TF England, for the Eafe of the People in the Diftribution

of Juftice; the twelve Judges going for that Purpose by Commiffion from the King, to do Juftice all over England: Ánd this is called, Going the Circuit.

The Courts thus kept by these Itinerant Judges, are called The Time for the Affixes, in which they judge both Civil and Criminal Caufes. the Affixes. Which Affixes are diftinguifh'd into Lent and Summer-Affizes, the first falling out presently after Hilary-Term, the laft after Trinity. Term. They are ufually held at the County-Town, and that with great Attendance and Feafting.

When the Judges are coming into a County, the Sheriff there- The Recep of is bound to attend in Perfon, with his Under-Officers, Clerks, tion of the Stewards of Courts, Bailiffs of Hundreds, Conftables, Jaylors, their Circuit. Judges going E. all riding on Horfeback. If the Sheriff cannot come himfelf, he muft fend one in his Place, to be allow'd of by the Judges. The Juftices of Peace in that County are alfo to attend ; and if either the Sheriff or they fail therein, they may be fined at the Difcretion of the Judges.

patch in de
termining

'Tis obfervable, that in each County all Caufes grown to an Their Dif Iffue in the Courts at Westminster, are commonly determin'd here in two or three Days. Which is done, not by the fole Arbitrement of the Judges (as in foreign Countries) but by a Jury of Twelve Men.

-Lanfes.

This Jury is chofen by the Sheriff of the County, and only Jury. erected in Point of Law by the Judges. For every Trial by Aze (whether the Action be Civil or Criminal, publick or priae, perfonal or real) is referr'd for the Fact to a Jury, as in.

moft

moft Courts of the Common Law; and as they find it, fo it paffeth the Judgment.

Commiffion of By a Commiffion of Oyer and Terminer, directed to the Judges miner, and fand others of the best Account in their Circuits, they are Oyer and TerGoal-delive- empower'd to judge of Treafons, Murders, Felonies, and Mifdemeanors. And by a Commiffion of Goal-delivery, directed only to themselves and the Clerk of the Affize affociate, they are to try every Prisoner for the Offence he ftands committed for. Malefactors The Commitment is commonly made by fome Juftice of the committed by Peace, who examines the Fact upon Oath; and, if the Evidence Justices of be found plain against the Malefactor, he fends him by a Mittithe Peace. mus to the County-Goal; where he is kept a Prifoner, till his Cafe be brought before the Juftices of the Peace at the next Quarter Seffions, or referr'd to the Affizes.

Trial of Male factors,

Terdia.

The Trial of Malefactors in England is very fingular and different from other Nations.

The Court being met, the Prifoners are brought into Court, one, two, or three at a time. The Clerk commands one of them to the Bar, and to hold up his Hand, then he charges him with his Crime, and asks him, whether he is Guilty, or Not Guilty? If he answers Guilty, his Trial is over, and nothing left but the Sentence to be pronounc'd against him. If he ftands Mute, and will not anfwer (which happens but feldom) his Punishment is to be preffed to Death.

But the ufual Way is, to answer Not Guilty, tho' the Prisoner's Crime be ever fo apparent, and he has confeffed the Fact before his Trial. For the Law of England takes no notice of fuch Confeffion, and the Judges proceed only upon Evidence; fo that unless the Witneffes, who are upon their Oaths, be positive and clear against the Prifoner, the Jury will acquit him.

When the Evidence is over, the Judge directs the Jury, and bids them discharge their Confcience. If the Cafe be plain they agree upon the Verdict, without going from the Bar. Then the Foreman of the Jury, in the Name of all, brings in the Prifoner Guilty. But if the Cafe requires a Debate, they withdraw, with a Copy of the Indictment, into a Room, where they are all lock'd in, without Bread or Water, &c. till they are unanimously agreed on the Verdict, and an Officer without watcheth them. If any one of the Jury fhould die in the mean time, the Prifoner would be ipfo facto acquitted.

The Jury being agreed on the Verdict, they fend Notice of it to the Court by the aforefaid Officer, and pray to be heard. Then the Prifoner is fent for again to the Bar, and bidden to hold up his Hand and hear the Verdict. Thus the Prifoner is either Condemned or Acquitted, for the Verdict is unalterable. (Except in fome doubtful Cafes, when the Verdict is brought in Special, and is therefore to be determin'd by the Twelve Judges of England.)

If the Verdict be brought in Guilty, the Prifoner is afked by the Judge, What he can fay for himself, why Sentence of Death fhould not pafs upon him? If it be the first Fault, and the Crime be within the Statute, he may demand the Benefit of the Benefit of Clergy, which faves his Life, and makes him liable to be only burnt in the Hand.

the Clergy

Death.

But where the Benefit of the Clergy is not allow'd of, the Sen-Sentence of tence of Death to the convicted Prifoner runs in thefe Words, after a fummary Account of the Trial: The Law is, That thou falt return to the Place from whence thou cameft, and from thence to the Place of Execution, where thou shalt hang by the Neck, till thy Body be dead, and the Lord have Mercy on thy Soul: Whereupon the Sheriff is charg'd with the Execution.

On the contrary, all Prisoners brought in Not Guilty, by the Jury, are forthwith acquitted and difcharg'd; and they have their Recourfe in Law against their Profecutors.

If no Evidence comes in against the Prisoner, when brought to his Trial, he is likewife acquitted. And the Juftice of Peace who committed him, delivers up the Examination he took of him, fubfcribed by thofe whom he has bound to give Evidence, who are fued upon their Recognizance.

As to Prisoners that stand not indicted, but were only fent to Prifon upon Sufpicion, they are proclaim'd in this Manner A. B. Prifoner, flands here at the Bar. If any Man can fay any thing againft him, let him fpeak; for the Prifaner ftands at bis Deliverance. If, upon this, no Evidence appears against him, he is acquitted; and this is call'd Deliverance by Procla

mation.

CHA P. XXXVIII.

Of the Courts of Sheriffs, Mayors, and Aldermen,
Court-Leets, Court-Barons, and Courts of Con-
science. Alfo, of the Court of Admiralty, Court-
Marfhal, and the Foreft-Courts.

A Sheriff is a Magistrate, whose Power extends throughout Sheriffs. the County, except fuch Cities and Towns as are Čounties of themselves.

All Sheriffs are thus appointed by the Sovereign. First, the Judges nominate fix fit Men of each County, and commonly Gentlemen of good Eftates; a Lift of them is given to the King, out of which His Majefty chufes whom he thinks fit, by pricking their Names with a Pin: from whence this Eleg tion is call'd Pricking. Formerly a Sheriff served many Years

toge

Their Office.

Courts, viz.

together, and now 'tis like that of a Mayor, but a yearly Office; except that of the Sheriff of Westmoreland, which is Hereditary by Charter from King John; the Earl of Thanet being now in Poffeffion of it.

The Office of Sheriff is both Minifterial and Judicial. As it is Ministerial, the Sheriff is to execute the King's Mandates, and all Writs directed to him out of the King's Courts of Juftice. He is to impannel Juries, to bring Causes and Malefactors to Trial, and to fee the Sentences executed. In fhort, all Execution of the Law is by the Sheriff, all Suits beginning, and Process being ferv'd by him. 'Tis also part of his Office to collect all publick Fines, Diftreffes, and Amerciaments into the Exchequer, or where the King fhall appoint; and to make fuch Payments out of them, as his Majelly fhall command him to do. At the Affizes he is to attend the Itinerant Judges, and guard them all the Time they are in the County.

As his Office is Judicial, he keeps two feveral Courts, one County Court, call'd the County-Court, and the other the Sheriff's Turn. and Sheriff's

The Firft is held Monthly by the Sheriff himself, or his Under-Sheriff, in which he hears and determines Civil Causes of the County under 40s. But this is no Court of Record. The Sheriff's Turn is one, and the King's Leet through all the County. Here Enquiry is made of all Criminal Offences against the Common Law, in which he is not restrain'd by Statute-Law. This Court is held twice a Year; but all Peers of the Realm, Clergymen, and fuch as keep Courts of their own, are exempted from its Jurifdiction.

Laftly, All thofe Officers, commonly call'd Bailiffs, and in the City of London, Serjeants, are appointed by the Sheriffs to ferve Writs, to diftrain Goods, and to fummon the CountySeffions and Affizes.

The Mayor is the prime Magistrate of a Corporation, whether a City or Town, is the King's Lieutenant, and reprefents his Perfon. He is chofen out of the Body of Aldermen, but holds only for one Year.

In fome Places this Magiftrate is call'd by the Name of Bailiff, chofen out of a certain Number of Burgeffes, and has the fame Power as a Mayor. The Normans brought in the Title of Mayor, which comes from the French Word Maire, and his Power extends throughout the Corporation, over which he prefides.

The Mayor, with his Brethren the Aldermen, keep a Court; and they, with the Common-Council, have a Power to make ByeLaws, for the better Government of the City or Corporation, provided they be not repugnant to the Laws of the Land." So that the Mayor, Aldermen, and Common-Council, represent in a manner the King, Lords and Commons affembled in Parliament; fuch is the Uniformity of the English Government.

If the Citizens be tax'd, 'tis by themselves, or their Reprefentatives; every Trade having fome of their own Members always of the Council, to fee that nothing be done to their Prejudice.

and Court

Court-Leets, and Court-Barons, are properly belonging to Court-Leets Lords of Manors, who appoint Stewards to hold them in their Barons.

Names.

The first, otherwife call'd View of Frank-pledge, is a Court of Record, and the Word Leet fignifies a Law-day. But all Manors have not the Credit of this Court, no Subjects being entrusted with this Power, but fuch as were in Favour with the King, or whom he had a great Confidence in. For, where-ever this Court is kept, 'tis reputed to be the King's Court, because its Authority is deriv'd from the Crown.

To this Court all are call'd to fwear Fidelity to the King, who live within the Homage. Here Enquiry is made of Riots, Blood-fhed, and privy Confpiracies; to which the Overfight of Measures has been added. And what Offences are found, especially great ones, ought to be certify'd to the Juftices of Affize. This Court is kept twice a Year, and that at certain Times.

A Court-Baron is incident to every Manor, and is so call'd from the Lord of the Manor, who was anciently stiled Baron.

All the Tenants belonging to the Manor are fummon'd to this Court, where Part of them are (worn for a Jury, which is call'd the Homage, not the Inqueft. Here the Steward fits as Judge, and directs the Jury to enquire principally of Copy-holders and Free-holders deceas'd fince the laft Court, and bring in their next Heirs; alfo of any Incroachment, or Intrufion of any Tenant. Here they make likewife Orders and Laws among themfelves, with a Penalty for Tranfgreffors, payable to the Lord of the Manor.

These Courts, in fhort, are of great Ufe for Men who prefer their Quiet and Advantage in Hufbandry, to the 'Trouble and extravagant Expences of Law-Suits. Otherwife either Party may get a Writ out of a higher Court, to remove the Plea to Westminster.

As for the Courts of Confcience, there are many fettled by Par-Courts of liament in several Parts of England, for the Relief of poor PeoConfcience, ple that cannot spare Money to go to Law with their Debtors, or to pay their Creditors in the Strictness of Law. These Courts are establish'd for their Relief, fo far as to recover their Debts, and pay their own upon eafy Terms, fuitable to their Circumftances. But then the Debt must be under 40 s.

From the Courts aforesaid, most of them guided by the Common Court of AdLaw, I come now to a Court which is ruled by the Civil Law:miralty. I mean the Court of Admiralty, concern'd in Maritime Affairs,

whofe Judge is commonly a Doctor of the Civil Law.

The