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twice in every year, (once in the four northern counties,) sent by the king's special commission all over the kingdom, except London and Middlesex, which are specially provided for, to try by a jury of the respective counties the truth of such matters of fact as are then under dispute in the courts of Westminster Hall. These judges of assise came into use in the room of the ancient justices in eyre who were established in 1176.

41. By virtue of what commissions do these judges of assise sit?

-60.

They now sit, upon their circuits, by virtue of five several authorities 1. The commission of the peace. 2. A commission of oyer and terminer. 3. A commission of general jail delivery. 4. A commission of assise. 5. That of nisi prius.

42. What is a commission of assise ?—60.

A commission of assise is directed to the justices and sergeants therein named, to take assises in the several counties; that is, to take the verdict of a special species of jury, called an assise, and summoned for the trial of landed disputes.

43. What is a commission of nisi prius?-60.

That of nisi prius, which is a consequence of the commission of assise, being annexed to the office of those justices by statute, empowers them to try all questions of fact, issuing out of the courts at Westminster, that are then ripe for trial by jury These, by the course of the courts, are usually appointed to be tried at Westminister, in some Easter or Michaelmas term, by a jury returned in the county wherein the cause of action arises; but with this proviso, nisi prius, unless before the day prefixed the judges of assise come into the county in question. This they are sure to do in the vacations preceding each Easter and Michaelmas term.

CHAPTER V.

OF COURTS ECCLESIASTICAL, MILITARY, AND MARITIME.

1. Who first separated the ecclesiastical court from the civil ?—62 William the First.

2. Which are the ecclesiastical courts ?—64–67.

They are 1. The archdeacon's court. 2. The consistory court. 3. The court of arches. 4. The court of peculiars. 5. The prerogative court. 6. The court of delegates.. 7. The commission of review.

3. Are the ecclesiastical courts, courts of record ?—67. They are not allowed to be courts of record.

4. What is the only court military known and established by the permanent laws of the land?-68.

The court of chivalry. It was held before the earl-marshal, but is in disuse.

5. Which are the maritime courts?—68, 69.

The court of admiralty, and its courts of appeal.

6. Before whom is the court of admiralty held ?-69.

Before the lord high-admiral of England, or his deputy, who is called the judge of the court.

7. What power and jurisdiction have the maritime courts?— 68, 69.

They have power and jurisdiction to determine all maritime injuries, arising upon the seas, or in parts out of the reach of the common law.

CHAPTER VI.

OF COURTS OF A SPECIAL JURISDICTION.

1. What are the courts of private and special jurisdicti m?—

71-83.

The courts, whose jurisdiction is private and special, confined to particular spots, or instituted to redress only particular injuries, are:

1. The forest courts.

2. Courts of commissioners of sewers.

3. The court of policies of assurance.

4. The court of the Marshalsea and the palace court at Westminster.

5. Courts of the principality of Wales.

6. Court of the duchy chamber of Lancaster.

7. Courts of counties palatine.

8. Stannary courts.

9. Courts of London and other cities.

10. University courts.

2. Whence is the origin of the several courts within the city of London ?-80.

From the favor of the crown.

3. What are the jurisdiction and system of the chancellor's courts in the two universities of England?-83, 84.

They enjoy the sole jurisdiction, in exclusion of the king's courts, over all civil actions and suits whatsoever, when a scholar or privileged person is one of the parties, excepting in such cases where the right of freehold is concerned. By the university charter, they are at liberty to try and determine these causes, either according to the common law, or according to their own local customs, at their discretion.

CHAPTER VII.

OF THE COGNIZANCE OF PRIVATE WRONGS.

1. By what laws are the ecclesiastical courts guided ?—100. They are usually guided by the rules of the imperial and canon laws.

2. What does the common law allow and permit to belong to their jurisdiction?-87.

The ecclesiastical tribunals subsist and are admitted, in England, not by any right of their own, but upon bare sufferance and toleration from the municipal laws. They must have recourse to the laws of England, to be informed how far their jurisdiction extends, or what causes are permitted, and what forbidden, to be discussed or drawn in question before them.

3. What is the one uniform rule to determine the jurisdiction of the courts, in England?-88.

The common law.

4. Under what heads are reduced wrongs or injuries cognizable by the ecclesiastical courts ?-87.

These wrongs or injuries, viz., such as are offered to private persons or individuals, which are cognizable by these courts, not for reformation of the offender himself or party injuring, pro salute animæ, but for the sake of the party injured, to make him a satisfaction and redress for the damage which he has sustained, are reducible under three general heads: 1. Causes pecuniary; 2. Causes matrimonial; 3. Causes testamentary.

5. When will the courts of common law award a prohibition against proceedings of the spiritual court ?—100.

When the proceedings are manifestly repugnant to the fundamental maxims of the municipal law.

6. What process have the ecclesiastical courts to enforce their sen tences when pronounced?—101.

No other process than that of excommunication.

7. Is excommunication two-fold ?—101.

Yes, it is described to be two-fold: the less and the greater excommunication. The less is an ecclesiastical censure, excluding the party from the participation of the sacraments; the greater proceeds further, and excludes him not only from these, but also from the company of all Christians.

8. Does the common law aid the ecclesiastical jurisdiction ?-102. It does, and lends a supporting hand to its authority.

9. What acts is an excommunicated person, by the common law, disabled from doing?-102.

He is disabled to do any act that is required to be done by one that is probus et legalis homo. He cannot serve upon juries; cannot be a witness in any court; nor can he bring an action, either real or personal, to recover lands or money due to him.

10. What are the jurisdiction and power of courts maritime ?-106. They have jurisdiction and power to try and determine all maritime causes; or such injuries which, though they are in their nature of common law cognizance, yet being committed on the high seas, out of the reach of ordinary courts of justice, are therefore to be remedied in a peculiar court of their own.

11. Must admiralty causes arise wholly upon the sea?—106. Yes; they must be causes arising wholly upon the sea, and not within the precincts of any county.

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12. Has the admiralty court cognizance of any wreck of the sea?

-106.

No; for that must be cast on land before it becomes a wreck.

13. Has it jurisdiction of things flotsam, jetsam, and ligan; and why?-106.

It has, because they are in and upon the sea.

14. If part of a contract, or other cause of action, arise upon the sea, and part upon the land, has the admiralty court jurisdiction?-106.

No; there the common law excludes the admiralty court

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