during that time he also takes out an annual, licence of ten pounds. APPARITOR. Apparitors, fo called from that principal branch in their office which confifts in fummoning perfons to appear, are appointed to execute the proper orders and decrees of the court, and are chofen by the ecclefiaftical judges refpectively, who may fufpend them for misbehaviour, but may not remove them at difcretion, as most of them hold their offices by patent. The proper bufinefs and employment of an apparitor is, to attend in court; to receive the commands iffued by the judge, to convene and cite the defendants into court; to admonith or cite the parties in the production of witnesses and the like; and to make due return of the process by him executed. The procefs of courts is not to be fent by thofe who obtain them, nor by their messenger; but the judge is to fend it by his own faithful meffenger, at the moderate expence of the perfon fuing it out; or at leaft the citation must be directed to the dean of the deanery where the party to be cited dwells, who, at the judge's command, muft faithfully execute the fame by himself, or his certain and trufty meffenger. DOCTORS COMMONS. Doctors' Commons is the college of civilians in London, which was purchased by Dr. Harvey, dean of the arches, for the profeffors of the civil law. It is fituated in the parish of Saint Benedict, Paul's-wharf, London, the principal entrance being to the fouth-weft of Saint Paul's Cathedral. It appears, that the fee fimple was not obtained till the year 1783, when the dean and chapter of Saint Paul's, to whom the fite originally belonged, vefted the freehold in the doctors, in confideration of 105l. per annum, clear of all taxes. Here commonly refide the judge of the arches court of Canterbury, the judge of the admiralty, and the judge of the prerogative court of Canterbury, with divers other eminent civilians; who there living in a collegiate manner, and commoning together, it is known by the name of Doctors' Commons. It was burnt down in the fire of London, and rebuilt at the charge of the profeffion. COURTS MILITARY. No court of this kind is permanent, except THE COURT OF CHIVALRY; of which an account is given, Vol. I. page 492. MARITIME COURTS. Maritime courts are fuch as have the power and jurifdiction to determine all maritime injuries, arifing upon the feas, or in parts out of the reach of the common law; they are only the court of admiralty and its courts of appeal. THE COURT OF ADMIRALTY. This court takes cogni zance 443 vance of all maritime causes or matters arifing upon the high fea; and its jurisdiction is derived from the king, who protects his fubjects from piracy and all other injuries, and who has a dominion over all the British feas; this jurifdiction he exercifes by the lord-high-admiral, or thofe lawfully deputed for that purpose. The jurifdiction of the admiralty is twofold, and holden before distinct tribunals: the one is the ordinary court for deciding controverfies relating to contracts made at fea, and is called the inftance court; the other determines the right to maritime captures and feizures, and is called the prize court. The jurifdiction in both is exercifed by the fame perfon, who is appointed judge of the admiralty, by a commiffion under the great feal, which enumerates particu larly, as well as generally, every object of his jurifdiction; but makes no mention of prize. To conftitute that authority, or to call it forth, in every war, a commiffion, under the great feal, iffues to the lord high admiral, to will and require and authorise the court of admiralty, and the lieutenant and judge of the faid court, his furrogate or furrogates, to proceed upon all manner of captures, feizures, prizes, and reprisals of fhips and goods, that are or fhall be taken; and to hear and determine, according to the course of the admiralty, and the law of nations; and a warrant iffues to the judge accordingly. JURISDICTION. It is laid down as a general rule, in the common law books, that the admiral's jurifdiction is confined to matters arifing on the high feas only, and that he cannot take cognizance of contracts, &c. made or done in any river, haven, or creek, within any county; and that all matters arifing within these are triable by the common law. But it has been refolved, that between the high and low water mark the common law and admiralty have a divided authority; that is to fay, the one when it is not, and the other when it is, covered with water; and that the foil, upon which the fea flows and reflows, may be parcel of a manor. court has jurifdiction, where a fhip founders or is fplit at fea, over The admiralty the goods which become flotfam, jetfam, or ligan; and a fuit for thefe must be in that court; but goods wrecked must be claimed by action at common law. But it has no jurifdiction as to contracts made at land, whether fuch contracts be made here or in foreign parts. Mariners may fue in the admiralty court for their wages, although the hiring was by the maiter on land; and 'this is allowed of in favour of navigation, for here they may all join in the fame libel, alfo, by the admiralty law they have remedy against the ship and owners, as well as against the mafter; and it would be a great difcourage ment ment to feafaring men, to oblige them to bring feparate actions, and those against a master, who may happen to be insolvent. PROCEEDINGS. All maritime affairs are regulated chiefly by the civil law, the Rhodian laws, the laws of Oleron, or by certain peculiar municipal laws and conftitutions appropriated to certain cities, towns and counties bordering on the fea. As the proceedings in the admiralty are, according to the method of the civil law, like thofe of the ecclefiaftical courts, it is ufually held at the fame place with the fuperior ecclefiaftical courts, at Doctors' Commons in London. It is no court of record, any more than the fpiritual courts. APPEALS. From the fentences of the admiralty judge an appeal always lay, in ordinary courfe, to the king in chancery, as may be collected from the ftatute 25 Hen. VIII. c. 19. which directs the appeal from the archbishop's courts to be determined by perfons named in the king's commiffion, "like "as in cafe of appeal from the admiral court." This is alfo exprefsly declared, by ftatute 8 Eliz. c. 5. which enacts, that upon appeal made to chancery, the fentence definitive of the delegates appointed by commiffion fhall be final. Appeals from the vice-admiralty courts in America, and our other plantations and fettlements, may be brought before the courts of admiralty in England, as being a branch of the admiral's ju rifdiction, though they may also be brought before the king in council; but in cafe of prize veffels, taken in time of war, in any part of the world, and condemned in any courts of admiralty or vice-admiralty as lawful prize, the appeal lies to certain commiffioners of appeals, confifting chiefly of members of the privy council, and not to judges delegates. And this by virtue of divers-treaties with foreign nations, by which particular courts are cftablished in all the maritime countries of Europe for the decision of the question, whether lawful prize or not: for this being a queftion between fubjects of different ftates, it belongs entirely to the law of nations, and not to the municipal laws of either country, to determine it. The original court, to which this queftion is fubmitted in England, is the court of admiralty; and the court of appeal is in effect the king's privy council, the members of which are, in confequence of treaties, commissioned under the great feal for this purpose. OFFICERS. In the admiralty court is a judge, whofe falary is 2500l. a-year. There are alfo a king's advocate-general, and an advocate-general for the admiralty; a folicitor to the admiralty and navy; a king's proctor, and an admiralty proctor. To the court belong a register with deputies, a marfbal and deputy. There is alfo a judge-advocate of the fleet, who has has ten fhillings per day, and his deputy eight fhillings. At Halifax, a judge of the vice-admiralty court is eftablifhed, with an annual falary of 2000/ COURTS OF SPECIAL JURISDICTION. The courts already mentioned, although not courts of record, are confidered as of general jurifdiction, tending to redrefs all poffible injuries, fo far as their powers extend; but there are other courts, which it will be fit to mention before the higheft are treated of, whofe jurifdiction is private and special, confined to particular spots, or inftituted only to redrefs particular injuries. These courts are numerous, and divided into feveral branches, each having a certain portion of dignity or utility, and of each it will be neceffary to give fome account. FOREST COURTS. A foreft is defcribed to be a certain territory of woody grounds, and fruitful paftures, privileged for wild beafts and fowls of foreft, chafe, and warren, to arrest and abide there in the fafe protection of the king, for his delight and pleafure, which territory of ground fo privileged, is meted and bounded with unremoveable marks, meets, and boundaries, either known by matter of record, or by prescription, and alfo replenished with wild beasts of venary or chafe, and with great coverts of vert for the fuccour of the faid beads there to abide; for the prefervation and continuance of which place, together with the vert and venison, there are particular officers, laws, and privileges belonging to the fame, requifite for that purpose, and proper only to a foreft, and to no other place. Before the ftatute of charta de forefta, the king ufed to convert the open and woody grounds of his fubjects into forefts; but though at this day he may make a foreft, yet he cannot afforeft any of his fubjects' land. All the forefts which were made after the conqueft, except New Foreft in Hampshire, created by William the Conqueror, were difafforcfted by the charta de forefta. The forest of Hampton Court was established by the authority of parliament in the reign of Henry VIII. The courts of the foreft are thofe of attachments or woodmote; of regards, of fwainmote, and of justice seat. 1 COURT OF ATTACHMENTS. The court of attachments, woodmote, or forty-days court, is to be held before the verderors of the foreft once in every forty days; and is inftituted to inquire into all offenders against vert and venifon; who may be attached by their bodies, if taken with the mainour, (or mainœuvre, a manu;) that is in the very act of killing venison or stealing wood, or preparing fo to do, or by fresh and immediate pursuit after the act is done; elfe they must be attached by their goods. In this forty days court, the foresters or keepers are to bring in their attachments, or prefentments de viridi et venatione; and the verderors are to receive the fame, and to enrol and certify them them under the feals to the court of justice feat, or íwainmote: for this court can only inquire of, but not convict offenders. COURT OF REGARDS. The court of regard, or furvey of dogs, is to be holden every third year, for the lawing or expeditation of mastiffs, which is done by the cutting off the claws and ball (or pelote) of the fore-feet, to prevent them from running after deer. No other dogs but mastiffs are to be thus Jawed or expeditated, for none other were permitted to be kept within the precincts of the foreft; it being supposed that the keeping of thefe, and thefe only, was neceffary for the defence of a man's house. COURT OF SWAINMOTE. The Swainmote is holden before the verderors as judges by the fteward of the fwainmote, thrice in every year, the fwains or freeholders within the foreft compofing the jury. The principal jurifdiction of this court is, first, to inquire into the oppreflions and grievances committed by the officers of the foreft; de fuperoneratione foreftariorum, et aliorum minifteriorum forefiæ: et de eorum oppreffionibus populo regis illatis. And, fecondly, to receive and try prefentments certified from the court of attachments, against offences in vert and venifon. This court may not only inquire, but also convict, which conviction must be certified to the court of justice feat under the feals of the jury; for this court cannot proceed to judgment. COURT OF JUSTICE SEAT. This court is fo incident to a foreft, that there cannot be a foreft without it, but it cannot be holden oftener than every third year. It must be summoned at leaft forty days before fitting, and one writ of fummons must be directed to the fheriff of the county in which the forelt is fituate, the other to the keeper of the foreft or his deputy, to convoke all officers, &c. and all perfons that claim liberties within the foreft, to fhew how they claim them. This court may inquire, hear, and determine all trefpaffes within the foreft, according to the law of the foreft, and all claims of franchifes, &c. within the foreft. The proceedings are de hora in horam, and therefore the defendant muft plead to an indictment inftantly. A felony committed within the foreft must be inquired of and tried before the judges of the common law, for it belongs not to the cognizance of the chief justice of the foreft. OFFICERS. To thefe courts there belong feveral officers, of which the principal are as follow: JUSTICES IN EYRE. In mentioning the juftices in eyre of the forett, it is neceflary to premife that in ancient times there were other officers who bore that title. They were faid to be conflituted by the parliament of Northampton, in the twentyfecond year of Henry 1. in 1176, but it is rather confidered that they had been previously established, and only then had new circuits |