miffion has of late years issued: but insurance causes are now ufually determined by the verdict of a jury of merchants, and the opinion of the judges in cafe of any legal doubts; whereby the decifion is more speedy, fatisfactory and final: though it is to be wished, that fome of the parliamentary powers invested in these commiffioners, especially for the examination of witnesses, either beyond the feas or speedily going out of the kingdom', could at prefent be adopted by the courts of Westminster-hall, without requiring the confent of parties.

IV. THE Court of the marshalsea, and the palace court at Westminster, though two diftinct courts, are frequently confounded together. The former was originally holden before the steward and marthal of the king's house, and was inftituted to adminifter juftice between the king's domeftic fervants, that they might not be drawn into other courts, and thereby the king lofe their fervice. It was formerly held in, though not a part of, the aula regis; and, when that was fubdivided, remained a diftinct jurifdiction: holding plea of all trefpafies committed within the verge of the court, where only one of the parties is in the king's domestic fervice, (in which cafe the inqueft fhall be taken by a jury of the country) and of all debts, contracts and covenants, where both of the contracting parties belong to the royal houfhold; and then the inqueft fhall be compofed of men of the houf76 hold only. By the ftatute of 13 Ric. II. ft. 1. c. 3. (in affirmance of the common law) the verge of the court in this refpect extends for twelve miles round the king's place of refidence f. And, as this tribunal was never fubject to the jurifdiction of the chief jufticiary, no writ of error lay from it

(though a court of record) to the king's bench, but only to parliament, till the ftatutes of 5 Edw. III. c. 2. and 10 Edw. III. ft. 2. c. 3. which allowed fuch writ of error before the king in his place. But this court being ambulatory, and obliged to follow the king in all his progreffes, so that by the removal of the houshold, actions were frequently difcontinued, and doubts having arifen as to the extent of it's jurif dictioni, king Charles I. in the fixth year of his reign by his letters patent erected a new court of record, called the curia palatii or palace court, to be held before the fteward of the houthold and knight marshal, and the steward of the court, or his deputy; with jurifdiction to hold plea of all manner of personal actions whatsoever, which shall arise between any parties within twelve miles of his majefty's palace at Whitehall. The court is now held once a week, together with the antient court of marshalfea, in the borough of Southwark and a writ of error lies from thence to the court of king's bench. But if the cause is of any confiderable confequence, it is ufually removed on it's first commencement, together with the cuftody of the defendant, either into the king's bench or common pleas, by a writ of habeas corpus cum caufa and the inferior business of the court hath of late years been much reduced, by the new courts of confcience erected in the environs of London; in confideration of which the four counfel belonging to thefe courts had falaries granted them for their lives by the ftatute 23 Geo. II. c. 27.

V. A FIFTH fpecies of private courts of a limited, though extensive, jurisdiction are those of the principality of Wales; which upon its thorough reduction, and the fettling of it's polity in the reign of Henry the eighth', were erected all over the country; principally by the ftatute 34 & 35 Hen. VIII, c. 26. though much had before been done, and the way prepared by the ftatute of Wales, 12 Edw. I. and other ftatutes. By the ftatute of Henry the eighth before-mentioned, courts

g1 Bulstr. 211. F. N. B. 241. 11 Bulftr. 208.

10 Rep. 79.

2 Inft. 548.

ki Sid. 180. Saik. 439.
1 See vol. 1. intred. § 4.

[ 77

BOOK III. baron, hundred, and county courts are there established as in England. A feffion is also to be held twice in every year in each county, by judges" appointed by the king, to be called the great feffions of the feveral counties in Wales: in which all pleas of real and perfonal actions shall be held, with the fame form of process and in as ample a manner as in the court of common pleas at Westminster": and writs of error fhall lie from judgments therein (it being a court of record) to the court of king's bench at Westminster. But the ordinary original writs of procefs of the king's courts at Westminster do not run into the principality of Wales: though procefs of execution does; as do also prerogative writs, as writs of certiorari, quo minus, mandamus, and the like. And even in causes between fubject and fubject, to prevent injuftice through family factions or prejudices, it is held lawful (in caufes of freehold at least, and it is ufual in all others) to bring an action in the English courts, and try the fame in the next English county adjoining to that part of Wales where the caufe arises', and wherein the venue is laid. But, on the other hand, to prevent trifling and frivolous fuits it is enacted by ftatute 13 Geo. III. c. 51. that in perfonal actions, tried in any English county, where the caufe of action arofe, and the defendant refides in Wales, if the plaintiff fhall not recover a verdict for ten pounds, he fhall be nonsuited and pay the defendant's costs, unless it be certified by the judge that the freehold or title came principally in question, or that the caufe was proper to [ 78 ]be tried in fuch English county. And if any transitory action, the caufe whereof arofe and the defendant is refident in Wales, fhall be brought in any English county, and the plain. tiff shall not recover a verdict for ten pounds, the plaintiff fhall be nonfuited, and fhall pay the defendant's cofts, de ducting thercout the fum recovered by the verdict.

VI. THE Court of the duchy chamber of Lancaster is another special jurifdiction, held before the chancellor of the duchy or his deputy concerning all matter of equity relating to lands holden of the king in right of the duchy of Lancafter: which is a thing very distinct from the county palatine, (which hath also it's separate chancery, for fealing of writs, and the like) and comprizes much territory which lies at a vast distance from it; as particularly a very large district furrounded by the city of Westminster. The proceedings in this court are the fame as on the equity fide in the courts of exchequer and chancery'; fo that it seems not to be a court of record; and indeed it has been holden that thofe courts have a concurrent jurisdiction with the duchy court, and may take cognizance of the fame caufes ".

VII. ANOTHER fpecies of private courts, which are of a limited local jurisdiction, and have at the fame time an exclufive cognizance of pleas, in matters both of law and equity, are those which appertain to the counties palatine. of Chester, Lancaster, and Durham, and the royal franchise of Ely. In all these, as in the principality of Wales, the king's ordinary writs, iffuing under the great feal out of chancery, do not run; that is, they are of no force. For, as originally all jura regalia were granted to the lords of these counties palatine, they had of course the fole administration of justice, by their own judges appointed by themselves and not by the crown. It would therefore be incongruous for the king to fend his writ to direct the judge of another's court in what manner to administer justice between the fuitors. But when the privileges of thefe counties palatine and franchises were abridged by ftatute 27 Hen. VIII. c. 24. it was also enacted, that all writs and procefs fhould be made in the king's [79] name, but should be tefte'd or witnessed in the name of the owner of the franchife. Wherefore all writs, whereon actions

f Hob. 77. 2 Lev. 24.

#1 Ventr. 257.

4 Inft. 206.

Chan. Rep. 55. Toth. 145

Hard. 171.

V 4 Inft. 213.218. Finch. R. 452,
w See vol. I. introd. § 4.

are founded, and which have current authority here, must be under the feal of the refpective franchifes; the two former of which are now united to the crown, and the two latter under the government of their several bishops. And the judges of affife, who fit therein, fit by virtue of a fpecial commiffion from the owners of the feveral franchifes, and under the feal thereof; and not by the ufual commiffion under the great feal of England. Hither alfo may be referred the courts of the cinque ports, or five most important havens, as they formerly were efteemed, in the kingdom; viz. Dover, Sandwich, Romney, Haftings, and Hythe; to which Winchelfey and Rye have been fince added: which have alfo fimilar franchises in many refpects with the counties palatine, and particularly an exclusive jurisdiction, (before the mayor and jurats of the ports) in which exclufive jurifdiction the king's ordinary writ does not run. A writ of error lies from the mayor and jurats of each port to the lord warden of the cinque ports, in his court of Shepway; and from the court of Shepway to the king's bench. So likewife a writ of error lies from all the other jurifdictions to the fame fupreme court of judicature, as an enfign of fuperiority referved to the crown at the original creation of the franchises. And all prerogative writs (as those of habeas corpus, prohibition, certiorari, and mandamus) may iffue for the fame reafon to all thefe exempt jurifdi&tions *;; because the privilege, that the king's writ runs not, must be intended between party and party, for there can be no fuch privilege against the king ".

VIII. THE ftannary courts in Devonshire and Cornwall, for the administration of justice among the tinners therein, are alfo courts of record, but of the fame private and exclufive nature. They are held before the lord warden and his fubftitutes, in virtue of a privilege granted to the workers in [80] the tinmines there, to fue and be fued only in their own