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Exchequer
Chamber.

Forest Courts.

and gradually increases its power in spite of remonstrances made by the Commons during the Lancastrian reigns. There were continual struggles between Chancery and the Common Law Courts as to whether the former could remove causes from, and reverse the decisions of, the latter, e.g., between Sir Edward Coke and Lord Chancellor Ellesmere, when James I. decided in favour of Chancery, 1616. From Edward IV. to Charles II., the system of equity did not make much progress; from that time, however, it was gradually perfected until it reached its zenith under Lord Eldon. (See Chancellor, Master of the Rolls, and Vice-Chancellor, ch. vii.)

The Court of Exchequer Chamber was a Court of Appeal, with no original jurisdiction. It was instituted in 1357 (31 Ed. III., c. xii.) as a Court of Appeal from the Common Law side of the Exchequer; its members were the Lord Chancellor, the Lord Treasurer, and the judges of the King's Bench and Common Pleas. In 1585, (27 Eliz. c. viii.) the judges of the Common Pleas and the barons of the Exchequer were empowered to try appeals from the Court of King's Bench. The Court was again reconstituted in 1830, (II Geo. IV., I Will. IV.) It is now merged in the High Court of Appeal. Causes which the judges found "to be of great weight and difficulty sometimes heard in the Court of Exchequer Chamber before judgment was given in the Court below. Appeals lay from this Court to the House of Lords.

were

Forest Courts. A system of independent Forest Courts was established by Henry I., and perfected by Henry II.; they were formerly held with great regularity, but the "last Court of Justice Seat of any note " was held temp. Charles I. before the

Earl of Holland.1 The Forests Courts, which were regulated in 1641 (16 Car. I.), fell into disuse at the Revolution of 1688. They were four in

number

1. The Court of Attachments or Woodmote, held every forty days to enquire into offences against vert and venison, i.e., against the trees and covert, and against the game.

2. The Court of Regard, held every three years for the expeditation of dogs, i.e., the cutting one of the three claws, or the ball of one of the forefeet, to prevent their hunting.

3. The Court of Sweinmote, held three times a year for the trial of general offences.

4. The Court of Justice Seat, or chief court held before the Chief Justice in eyre, for the trial of all cases connected with the forest. (See Forests ch. v.)

Courts connected with the War Department.

Chivalry.

Court of the Marshal and Constable, otherwise Court of known as the Curia Militaris or Court of Chivalry, was a court formerly held before the Earl Marshal and the Lord High Constable; by a statute of 1390 (13 Rich. II.) it had jurisdiction over "pleas of life and member, arising in matters of arms and deeds of war, as well out of the realm as in it,"" and was in the days of chivalry much frequented as a court of honour. Appeals lay from it to the King. Since the attainder of the Duke of Buckingham, 1521, the office of Lord High Constable has been revived only on special occasions, and the court has been held before the Earl Marshal alone, with jurisdiction in civil matters. It was last used 1737. The College of Arms is its descendant at the present day. (See Constable and Marshal, ch. vii.)

1 Blackstone.

2 Ib.

Admiralty.

Household
Department.
Court of Lord
Steward.

Court of Lord
High Steward. ·

Court of Admiralty was established by Edward III., circ. 1350, and was held before the Lord High Admiral (ch. vii.) or his deputy. It had both criminal and civil jurisdiction, and took cognizance "of all crimes and offences committed either upon the sea or on the coasts out of the body or extent of any English county."" The Admiralty Courts. were regulated and their powers limited 1390, 1392, 1536, 1827-8 and 1840, while their criminal jurisdiction was taken away 1844. The Admiralty Court was by the Act of 1873 transferred to the Probate, Divorce, and Admiralty division of the High Court of Justice. There was until recently a Prize Court for the decision of questions connected with prizes and booty in time of war.

COURTS OF THE HOUSEHOLD DEPARTMENT.

Court of the Lord Steward of the Household was established 1541 (33 Henry VIII.) on the precedent of a statute of 1486, empowering the Lord Steward to try charges of treason brought against members of the royal household; it had jurisdiction over "all treasons, misprisions of treason, murders, manslaughters, bloodshed and other malicious strikings," within two hundred feet of the palace gate. Part of its jurisdiction was taken away 1829 and the rest 1849. From it must be carefully distinguished the Court of the Lord High Steward of Great Britain which is constituted, pro hac vice, to try peers accused of treason or felony when Parliament is not sitting. A Lord High Steward being appointed by a commission under the Great Seal could summon an indefinite number of peers to try the case; though not less than twentythree. This practically gave the crown the power

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