No. IV. tain Writs that be determinable in their proper Counties. A Jury may give their Verdict at large. None but 13 Edward I. which were summoned shall be put in Assises or Juries. st. 1. c. 30. Who shall be FROM henceforth two Justices sworn shall be assigned, before whom, and none other, assizes of Novel disseisin, Mortdauncestor, Justices of Nisi and Attaints shall be taken, and they shall associate unto them one or Prius. two of the discreetest knights of the shire into which they shall come; and shall take the foresaid Assises and Attaints but thrice in the year • at the most, that is to say, first between the Quinzime of Saint John • Baptist, and the Gule of August: and the second time between the Feast of the Exaltation of the Holy Cross, and the Utas of Saint Michael; and the third time, between the Feast of the Epiphany, and the Feast of the Purification of the Blessed Mary. And in every shire, at every taking of Assises before their departure, they shall appoint the day of their return, so that every one of the shire may know of their coming, and shall adjourn the Assises from Term to Term, if Adjournment the taking of them be deferred at any day by vouching to warranty, of Assises. by essoign, or by default of jurors. And if they see that it be profitable for any cause that Assises of Mortdauncestor, being respited by essoign or voucher, ought to be adjourned into the Bench, it shall be lawful for them to do it, and then they shall send the record with the original writ before the Justices of the Bench; and when the matter is come to the taking of the Assise, the Justices of the Bench shall remit the matter to the former Justices before whom the Assise shall be taken. But from henceforth the Justices of the Bench in such Assises Inquisitions of shall give four days at the least in the year before the said Justices as- trespass. signed, for to spare expense and labour. Inquisitions of trespass shall be determined before the Justices of both Benches, except the trespass be so heinous that it shall require great examination. Inquisitions also of other pleas pleaded in either of the Benches, shall be determined before them, wherein small examination is required, as when the entry or scisin of any is denied, or in case when one article is to be inquired. But inquisitions of many and great articles, the which require great examination, shall be taken before the Justices of the Bench, except that both parties desire that the inquisition may be taken afore some of the associates when they do come into those parts; so that from henceforth it shall not be done but by two Justices, or one with some knight of the shire, upon whom the parties can agree. And such inquisition shall not be determined by any Justices of the Bench, unless a day and a place certain be appointed in the shire, in presence of the parties, and the day and place shall be mentioned in a writ judicial by these words:-Præcipimus tibi quod venire facias coram justiciariis nostris apud Westmonasterium in octabis sancti Michaelis, nisi talis et talis tali die et loco ad partes illas venerint, duodecim, &c. II. And when such inquests be taken, they shall be returned into the Bench, and there shall judgment be given, and there they shall be inrolled. And if any inquisitions be taken otherwise than after this form, they shall be of no effect, except that an Assise of Darrein pre'sentment, and inquisitions of Quare impedit shall be determined in their own shire, before one Justice of the Bench and one Knight, at a day and place certain in the Bench assigned, whether the defendant 'consent or not, and there the judgment shall be given immediately. The writ of Nisi Prius. Assises of darrein presentment and quare impedit shall be ended in their proper counties. All Justices of the Benches from henceforth shall have in their circuits Clerks of Asclerks to inroll all pleas pleaded before them, like as they have used sise. ⚫ to have in time passed. And also it is ordained, That the Justices as- A jury may signed to take Assises shall not compel the jurors to say precisely whe- give their ver'ther it be disseisin or not, so that they do shew the truth of the deed, dict at large. and require aid of the Justices. But if they of their own head will None shall be say that it is disseisin, their verdict shall be admitted at their own peril. put in juries And from henceforth the Justices shall not put in Assises or juries any but such as other than those that were summoned to the same at the first.' were summon No. V. 27 Edward I. st. 1. c. 4. 28 Edward I. stat. 3. c. 4. 28 Edward I. stat. 3. c. 5. [ No. V. ] 27 Edward I. st. 1. c. 4.—Nisi Prius shall be granted before one of the Justices of the Court where the suit is commenced. 66 ALSO where we have provided that none shall be impanelled any where out of the shire where he is dwelling, in recognisances, enquests and juries, that have less than an hundred shillings of land, whereby as well they as others who have more lands, by too often appearing as well in our Exchequer as before our Justices of either "Bench, are much impoverished:" 46 66 ་ II. We therefore, considering the intolerable damage of our people, not only for the discharge of such jurors, but also for the more speedy ⚫ministration of justice to all parties suing in our Court, have provided and ordained, that enquests and recognisances determinable before Justices of either Bench, from henceforth shall be taken in time of vacation before any of the Justices before whom the plea is brought, being associate with one knight of the same shire where such enquests shall pass, unless it be an enquest that requireth great examination. And so from henceforth in taking such enquests, the Justices shall do as to them shall seem most expedient for the common utility of our 'realm, notwithstanding the statute lately made at Westminster upon the taking of such enquests, containing, that if any enquests be taken 'contrary to the form of the said statute, they should be of none effect. [No. V. a. ] 28 Edward I. stat. 3. c. 4.-Common Pleas shall not be holden in the Exchequer. ་ MO OREOVER no Common Pleas shall be from henceforth holden in the Exchequer, contrary to the form of the Great Charter.' [No. VI. ] 28 Edward I. stat. 3. c. 5.-The Chancellor and the Justices of the King's Bench shall follow the King. A ND on the other party, the King will, that the Chancellor and the of so times near unto him some sages of the law, which be able duly to ⚫ order all such matters as shall come unto the Court at all times, when • need shall require.' [No. VII. 12 Edward II. stat. 1. c. 3.-Inquests and Juries touching Plea of Land shall be taken by Nisi Prius. 12 Edward II. " st. 1. c. 3. 13 Ed. 1. st. 1. c. 30. 27 Ed. 1. st. 1. c. 4. See 14 Ed. III. st. 1. c. 16. before what persons Nisi Prius may begranted. 66 ND where it is contained in a Statute made at Westminster the A second day of Aprit, in the twenty-seventh year of the reign of "the King's Father that now is, that Inquests and Recognisances taken "before Justices of the one Bench and of the other, should be taken " before any Justice of the places accompanied with some Knight of "the Shire where such Inquests hap to be taken, if they have not "need of great examination; and that in such Inquests the Justices "shall do as they think most expedient for the wealth of the Realm, "the which Statute needeth to be better declared;"it is agreed, That Inquests and Juries that be and shall be taken in pleas of land, that require not great examination, shall be taken in the Country before a Justice of the place where the plea is, accompanied with a substantial man of the country, Knight, or other, so that a certain day be given in the Bench, and a certain day and place in the Country, in the presence of the parties, if the demandant request it. And also the In quests and Juries, in pleas of land that require great examination; ⚫ shall be taken in the Country (in the manner abovesaid) before two • Justices of the Bench.' [ No. VIII. ] 12 Edward II. stat. 1. c. 4-Justices of Nisi Prius shall record Nonsuits, Defaults, &c. No. VII. 12 Edw. II. st. 1. c. 3. stat. 1. c. 4. AND the Justices or Justice shall have power to record Nonsuits 12 Edward II. and Defaults in the Country, at the days and places assigned, as 'afore is said. And that which they shall have done in the things above mentioned, shall be reported in the Bench at a day certain, there to be inrolled, and thereupon judgment shall be given. And the King intendeth not, that the said Inquests and Juries should not be taken in the Bench if they come, nor that this Statute should extend unto great Assizes. And also one Justice of the one place and of the other, being associate with a discreet man of the country, Knight, or other, at the request of the plaintiff, shall take Inquests upon pleas pleaded and to be pleaded, that be moved by attachment and distress, and shall have power to record Nonsuits as above is said, and to take Inquests upon defaults there made. And as to the Inquests to be taken upon Writs of Quare impedit, it shall be done as is contained in the Statute of Westminster the Second; and the Justices shall have power to record Nonsuits and Defaults in the Country, and to give judgment thereupon, as they do in the Bench, and there to report that which they have done, and there to be inrolled. And if it happen, that the Justice or Justices that shall be assigned to take such Inquests in the Country, do not come, or if they come into the country at the day assigned, yet the parties and persons of such Inquests shall keep their day in the Bench." [No. IX. ] 2 Edward III. c. 2.-In what Cases only. Pardon of Felony shall be granted. Who shall be Justices of Assise, &c. 64 By 14 Ed. III. st. 1. c. 16. Justices of Assise may give judgment in Quare impedit, &c. c. 2.. ITEM, Whereas Offenders have been greatly encouraged, because 2 Edward III. the Charters of Pardon have been so easily granted in times past, "of Manslaughters, Robberies, Felonies, and other Trespasses against "the Peace;" ་ · it is ordained and enacted, That such Charter shall not be granted, but only where the King may do it by his oath, that is to say, where a man slayeth another in his own defence, or by misfortunc. And also they have been encouraged, because that the Justices of Gaol-delivery, and of Oyer and Terminer, have been procuted by great men against the form of the Statute made in the twenty-seventh year of the reign of King EDWARD, grandfather to our Lord the King that now is, wherein is contained, that Justices assigned to take Assises, if they be laymen, shall make deliverance; and if the one be a clerk, and the other a layman, that the Layjudge, with another of the country associate to him, shall deliver the Gaols: Wherefore it is enacted, Who shall be That such Justices shall not be made against the form of the said Justices of AsStatute; and that the Assises, Attaints, and. Certifications be taken be- sise and Gaol 'fore the Justices commonly assigned, which should be good men and lawful, having knowledge of the law, and none other, after the form of another statute made in the time of the said King EDWARD the First. And that the Oyers and Terminers shall not be granted but before Justices of the one Bench or the other, or the Justices Errants,. and that for great hurt, or horrible trespasses, and of the King's special grace, after the form of the Statute thercof ordained in time of the said grandfather, and none otherwise,' Delivery. To whom for what No. X. 2 Edw. III. c. 11. 4 Edward III. c. 2. 9 Edward III. st. 1. c. 5. st. 1. c. 16. [No. X. ] 2 Edward III. c. 11.-The common Bench shall not be removed without Warning by Adjourn 66 ment. ITEM, Whereas by removing of the common Bench, the Pleas have oftentimes abiden without day, to the great Hurt and Peril of “Disherison of Divers;" it is enacted, That from henceforth the Jus⚫tices before that the common Bench be removed, shall be warned by a time, so that they may adjourn the parties by such time that they shall ⚫ not lose their process." 6 [No. XI. 1 4 Edward III. c. 2.-The Authority of Jus tices of Assise, Gaol-delivery, and of the Peace. IT TEM it is ordained, That good and discreet persons, other than of the places, if they may be found sufficient, shall be assigned in all the Shires of England, to take Assises, Jurics, and Certifications, and to deliver the Gaols; and that the said Justices shall take the Assises, Juries, and Certifications, and deliver the Gaols, at the least three times a year, and more often, if need be. Also there shall be assigned good and lawful men in every County to keep the peace. And at the time of the assignments, mention shall be made that such as shall be ⚫ indicted or taken by the said Keepers of the Peace, shall not be let to Mainprise by the Sheriffs, nor by none other Ministers, if they be not mainpernable by the Law; nor that such as shall be indicted, shall not ⚫ be delivered but at the common law. And the Justices assigned to ⚫ deliver the Gaols shall have power to deliver the same Gaols of those that shall be indicted before the Keepers of the Peace; and that the ⚫ said Keepers shall send their indictments before the Justices, and they shall have power to enquire of Sheriffs, Gaolers, and other, in whose Ward such indicted person shall be, if they make deliverance, or let to mainprise any so indicted, which be not mainpernable, and to pu nish the said Sheriffs, Gaolers, and others, if they do any thing against ⚫ this Act.' [No. XII. ] 9 Edward III. stat. 1. c. 5.-Which Justices shall send their Records and Process determined in the Exchequer. ITEM, At the Request of the Commons, our Lord the King by the said assent hath ordained and established, That Justices of Assises, Gaol Delivery, and of Oyer and Terminer, shall send all their Records ⚫ and Processes determined and put in execution, to the Exchequer at Michaelmas, every year once to be delivered there; and the Trea surer and Chamberlains, which for the time shall be, having the sight ⚫ of the Commissions of such Justices, shall receive the same Records and Processes of the said Justices under their seals, and keep them in the Treasury, as the manner is; so that the Justices always do first ⚫ take out the Estreats of the said. Records and Processes against them, ⚫ to send to the Exchequer, as they were wont before.' [No. XIII. ] 14 Edward III. stat. 1. c. 16.-Before what Persons Nisi Prius may be granted. 14 Edward III. " TEM, Whereas before this time it was established, That the Inquests and Juries which be to be taken, as well of the King's "Bench as of the Common Bench, should be taken before one or more "Justices of the same place, as it is contained in the said Establishment; "and now it is notoriously seen and known, that divers Inquests and "Jurics have been taken, and yet be in divers Counties of England, “where no Justice did come, to the great Mischief of the Parties that "do sue, and also of the good People of the Country which be impa"nelled;" Wherefore it is assented and established, That whoso demandeth the Nisi Prius in the King's Bench, as well at the suit of the • Defendant, as of the Plaintiff (as before this time hath been done by the form of the Statute) the Nisi Prius shall be granted before any Justice of the place where the plea dependeth, if any of the same place may well go into those parts; and if not, then the Nisi Prius shall be granted before any Justice of the Common Bench, at a certain day, which may be accorded, and to deliver or send the tenor of the Record to him under the seal of the Chief Justice of the place, at which day he shall take the Inquest, and return the Verdict under his seal with the Writ, the Tenor, and the Panel, which shall be received in the King's Bench, and there enrolled, and thereupon judgment 6 No. XIII. 14 Edw. III. st. 1. c. 16. where the suit dependeth. given according to the Verdict of the same Inquest. And the said Nisi Prius may Justice of the Common Beuch shall have power to record Defaults and be granted beNonsuits, as far forth as if the Nisi Prius had been granted before fore a Justice any 'Justice of the King's Bench; after which Defaults so recorded and of another ⚫ returned in the King's Bench, the Justices shall go to give Judgment Court, than upon the same Record. And in the same manner be it done of all the Pleas which be or shall be in the Common Bench, whereof the Inquests and Juries be or shall be taken in the Country by Nisi Prius. • And if none of the Justices of the same place go, the Nisi Prius shall be granted before any Justice of the King's Bench, to do as afore is said of the Justices of the Common Bench; and the tenor of the Re⚫cord shall be sent to the same Justice, that he may have like power as ⚫ afore is said of the Justices of the Common Bench, which be assigned to take Inquests and Juries of the King's Bench. And if it happen that none of the Justices of the one Bench nor the other may come ⚫ into the Country where Inquests or Juries be to be taken, then the Nisi • Prius shall be granted before the Chief Baron of the Exchequer, if he be a man of the law, and he shall have such power as the Justices of the one Bench and the other have by this Statute. And in case that none of the Justices of the one Bench nor the other, nor the Chief Baron of the Exchequer, being a man of the law, do not come into the Country where the Inquests and Juries be or shall be taken by the Nisi Prius, then the Nisi Prius shall be granted before the Justices assigned to take Assises in those parts; so always that one of the said Justices assigned be Justice of the one Bench or the other, or the King's Serjeant sworn: And the same Justices shall have such power as afore is said of the Justices of the one Bench and of the other. And if the one party demand the tenor of the Record to have with him, to deliver to the Justices before whom the Nisi Prius is granted, for to eschew that no fraud or damage to be done to the other party, nor to the people of the Inquests, another tenor of the same Record shall be delivered to the other party, if he the same require. And whereas it Justices of Ashath been another time established, that the Justices before whom the sise may give • Nisi Prius hath been granted in Pleas of Assises, of Darrein present- Judgment ment, and Quare impcdit, should have power to give the judgments in the Country upon the Verdicts of Assise, and of Inquests, and Nonsuits and Defaults; it is assented, That the Justices of the one Bench and of the other, the Chief Baron of the Exchequer, and the 'Justices assigned, before whom the Nisi Prius is granted by this Statute, shall have power to give judgments in the Country, and return ⚫ the same according as it is contained in the Statute of York thereupon 'made.' upon [No. XIV. ] The Oath of the Justices, being made Anno 18 Edw. III. stat. 4. and Anno Dom. 1344. YE upon Assise, Quare impedit and Darrein presentment. E shall swear, That well and lawfully ye shall serve our Lord the 18 Edward III. stat. 4. |