arifing within the city and liberties. An action may be removed, by habeas corpus, or certiorari, into a fuperior court, if the debt be above five pounds, but if under ten pounds it cannot be allowed, until bail be put in before the register of this court. Affidavits of execution of deeds and other inftruments are also exemplified under the mayoralty feal, by the attorneys of this court. The juries are returned by their feveral wards, at their wardmote inquests. OFFICERS. The judges of this court have already been mentioned; they are affifted by the common ferjeant, and the court is attended by a register and his affiftant. The bufinefs is conducted by four appointed counsel, and there are belonging to the court, four attorneys, who have an office over the Royal Exchange. THE SHERIFF'S COURTS. The fheriffs have two courts which are of record for trial of debt, cafe, trefpaís, account, covenant, attachment, and fequeftration, held on Thurfdays and Saturdays for the Poultry; and on Wednesdays and Fridays for Giltfpur Street. An action may be moved by habeas corpus, into a fuperior court at Westminster, if the debt be above five pounds, but if under ten, it then cannot be allowed, until bail be put in before a judge of this court. Actions may alfo be removed as already mentioned into the lord-mayor's court, or the court of huftings, by a procefs called a levatur. OFFICERS. In these courts the fheriffs fit as judges, aided by their respective under-fheriffs, and by two judges, who are barristers at law. The causes are conducted by the fame counfel who practife in the lord-mayor's court; and there are eight attorneys, two fecondaries, two clerks of the papers, who return all writs, and copy declarations; eight clerks fitters who enter actions, and take bail in their weeks fucceffively; thirty-fix ferjeants at mace for both compters, and thirty-fix yeomen. THE CHAMBERLAIN'S COURT. This is an office kept in the Guildhall of London, by the chamberlain of the city, who is annually chofen by the liverymen of the respective companies on Midfummer day. This practice may however be confidered a mere custom, for there is no inftance of a chamberlain being turned out, unless found guilty of mal-practices. This place of chamberlain being one of great truft, he is obliged when chofen to give fecurity for his fidelity. He receives and pays all the city's cash, and with him are depofited all public fecurities, for which he annually accounts to the proper auditors. This officer attends every morning for enrolling and turning over apprentices, admits all perfons duly qualified to the freedom of the city, and decides all differences that arife between masters and apprentices. Hh2 COURT 1 COURT OF THE CORONER. The lord-mayor being perpetual coroner of the city, this court is held before him, or his deputy, who is to enquire into the caufe of the death of any perfon, who, upon fight of the body, is fuppofed to have come to an untimely end, as he is likewife into the escape of the murderer; and alfo concerning found treafure, deodands, and wrecks at fea. COURT OF THE ECHEATOR. The lord-mayor of London being perpetual efcheator within the city, this court is also held before him or his deputy, to whom all original writs of Diem claufit extremum, mandamus, devenerunt, melius inquirend. &c. are directed to find an office for the king, after the death of his tenant, who held by knights fervice. The efcheator may also find an office for treafon and felony. COURT OF REQUESTS. The first of thefe courts was established in London, fo early as the reign of Henry VIII. by an act of their common council; which however was certainly infufficient for that purpofe, and illegal, till confirmed by statute 3 James I. c. 15. which has fince been explained and amended by 14 Geo. II. c. 10. The conftitution is this: two aldermen, and four commoners fit twice a week to hear all caufes of debt not exceeding the value of forty fhillings; which they examine in a fummary way, by the oath of the parties or other witneffes, and make fuch order therein as is confonant to equity and good confcience. The time and expence of obtaining this fummary redrefs being very inconfiderable, feveral trading towns and other diftricts have obtained acts of parliament, for establishing in them courts of confcience, upon nearly the fame plan as that in the city of London. THE COURT OF ORPHANS. This court is occafionally held by the lord-mayor and aldermen, who are guardians to children under the age of twenty-one years, at the deceafe of their fathers; and who take upon them, not only the management of their goods and chattels, but likewife that of their perfons, by committing them to careful tutors, to prevent their difpofing of themselves during minority, without their approbation. The common ferjeant is authorized by the court, to take exact accounts and inventories of all deceased freemen's eftates; and the youngest attorney of the mayor's court, being clerk to that of the orphans, is appointed to take fecurities for their feveral portions, in the name of the chamberlain of London, who is a fole corporation of himfelf, for the fervice of the orphans; and to whom a recognizance or bond, made on account of an orphan, by the cuftom of London, defcends to his fucceffor; which is hardly known elfewhere. When a freeman of London dies, and leaves children in their minority, the clerks of their feveral parishes give in their names to the common crier, who is thereupon immediately to fummon the widow, or executor, to appear before the court of lord mayor and aldermen, to bring in an inventory of, and give fecurity for, the teftator's eftate; for which, two months time is commonly allowed: and in cafe of non-appearance, or refufal of fecurity, the lord-mayor may commit the contumacious executor to Newgate. THE WARDMote. The court of wardmote is held for every ward in the city: for each ward is of the nature of an hundred in a county. By inquifition of twelve men, the wardmote inquires of defaults in paving the streets, and fimilar mat The wardmote is convened by precept annually, on Saint Thomas's day, on which occafion the aldermen and the householders of the ward proceed to elect their proper officers, and the precept, which is very long and minute, ferves as inftructions to the inqueft in the performance of their duty. FOLKMOTE. The folkmote or hall-mote belongs to the feveral companies of citizens, by whom it is occafionally held in their respective halls, and wherein the affairs belonging to each corporation are refpectively tranfacted. COURT OF CONSERVANCY. This court is yearly held eight times before the lord mayor, at fuch places and times as he appoints within the refpective counties of Middlefex, Effex, Kent, and Surry; in which feveral counties he has a power of summoning juries, who, for the better prefervation of the fishery of the river Thames, and regulation of the fishermen who filh therein, are, upon oath, to make inquifition of all offences committed in and upon the river from Staines bridge in the Weft, to Yenfleet in the East; and to prefent all perfons found guilty of a breach of the articles prefcribed for regulation in fuch matters. And for the more effectual prefervation of the navigation, and fish in the river Thames, the lord-mayor, as confervator, has his affiftant or deputy the water-bailiff; who, together with his fubftitutes, detect and bring to justice perfons deftroying either the current or fish. THE TOWER COURT. This is a court of record, held by prefcription, within the verge of the city, on Great Tower Hill, by a fteward appointed by the conttable of the Tower of London, by whom are tried actions of debt (for any fum,) damage and trefpafs. COURT OF SAINT MARTIN'S LE GRAND. This court, though within the city, is yet without its jurifdiction, as being in and belonging to the liberty of that name, which is fubject to the dean and chapter of Westminster: it is a court of record, held weekly on Wednefdays, for the trial of all perfonal actions whatfoever; the principal procefs whereof is a capias againft the body, or an attachment against the goods; fo that a man's Hh3 effects effects may be feized in his own house, upon the first process, if his perfon is not secured before; which is according to the practice of all ancient liberties or franchises. COMMON LAW COURTS. The numerous courts formed for the diftribution of juftice in the capital are fo distinctly mentioned, as they may serve by analogy to illuftrate the manner in which juftice is, or may be administered in all other cities, boroughs, or corporate jurifdictions within the realm; for all, by grant or prefcription, may have courts for matters within their precincts. In every cafe, where. power is given to any to hear and determine, they have judicial authority, and act as judges; and authority to fine and imprison conftitutes a court of record. It is to be obferved that these establishments, whether of public and general, or only of private and special juris diction, are not to be deemed innovations, but are, on the contrary, ftrictly congenial with the fpirit of the constitution. The policy of that conftitution, as regulated and established by the great Alfred, was to bring justice home to every man's door, by forming as many courts of judicature as there are manors and townships in the kingdom; wherein injuries were redreffed in an eafy and expeditious manner, by the fuffrage of neighbours and friends. Thefe little courts, however, communicated with others of a larger jurifdiction, and those with others of a still greater power; afcending gradually from the loweft, to the fu preme courts, which were refpectively conftituted to correct the errors of the inferior ones, and to determine iuch causes as, by reafon of their weight and difficulty, demanded a more folemn difcuffion. The courfe of juftice flowing in large ftreams from the king, as the fountain, to his fuperior courts of record; and being then fubdivided into smaller channels, till the whole and every part of the kingdom were plentifully watered and refreshed. The order obferved by Sir William Blackstone, whose course is followed on the prefent occafion, in treating on these several courts, conflituted for the redrefs of civil injuries, referving thofe of a jurifdiction merely criminal, is by beginning with the lowest, and those whofe jurifdiction, though public and generally difperfed throughout the kingdom, is yet, with regard to each particular court, confined to very narrow limits; and fo afcending gradually to thofe of the moft extenfive and tranfcendent power. COURT OF PIEPOUDRE. The loweft, and at the fame time the most expeditious court of juftice known to the law of England, is the court of piepoudre, curia pedis pulverizati, so called from the dufty feet of the fuitors; or, according to Sir Edward Coke, becaufe juftice is there done as fpeedily as duft can fall from the foot. But the etymology given by Barrington, in his obfervations on the penal ftatutes, is much more ingenious and fatiffactory; it being derived, according to him, from pied poudreux · (a pediar in old French,) and therefore fignifying the court of fuch petty chapmen as refort to fairs or markets. It is a court of record, incident to every fair and market; of which the fteward of him who owns or has the toll of the market is the judge; and its jurifdiction extends to administer juftice for all commercial injuries done in that very fair or market, and not in any preceding one. So that the injury must be done, complained of, heard, and determined within the compafs of one and the fame day, unless the fair continues longer. The court has cognizance of all matters of contract that can poffibly arife within the precinct of that fair or market; and the plaintiff must make oath that the cause of action arose there. From this court a writ of error lies, in the nature of an appeal, to the courts at Westminster; which are alfo bound by the ftatute 19 Geo. III. c. 70. to iffue writs of execution, in aid of its procefs, after judgment, where the perfon or effects of the defendant are not within the limits of this inferior juris diction. COURT BARON. The court baron is a court incident to every manor in the kingdom, to be holden by the steward within the manor. The court baron is of two natures: the one is a customary court, appertaining entirely to the copyholders, in which their eftates are transferred by furrender and admittance, and other matters tranfacted, relative to their terms only. The other is a court of common law, and it is the court of the barons, by which name the freeholders were fometimes anciently called, or rather, perhaps, it was fo called as the court of the baron or lord of the manor, to which his freeholders owed fuit and fervice. These courts, though in their nature distinct, are frequently confounded together. The court now under confideration, viz. the freeholders' court, was compofed of the lord's tenants, who were the pares of each other, and were bound by their feudal tenure to affiit their lord in the difpenfation of domeftic juftice. This was formerly held every three weeks; and its most important business is to determine, by writ of right, ' all controverfies relating to the right of lands within the manor, It may also hold plea of any perfonal actions, of debt, trespass on the cafe, or the like, where the debt or damages do not amount to forty fhillings. But the proceedings on a writ of right may be removed into the county court, by a precept from the fheriff; and the proceedings in all other actions may be removed into the fuperior courts by the king's writs. After judgment given, a writ alfo of falfe judgment lies to the courts Hh 4 |