to vindicate the dignity and peace of the church, by reforming, ordering, and correcting the ecclesiastical state and perfons, and all manner of errors, herefies, fchifms, abuses, offences, contempts, and enormities. Under the fhelter of which very general words, means were found in that and the two fucceeding reigns, to vest in the high commiffioners extraordinary and almost defpotic powers, of fining and imprifoning; which they exerted much beyond the degree of the offence itself, and frequently over offences by no means of fpiritual cognizance. For these reasons this court was justly abolished by ftatute 16 Car. I. c. 11. And the weak and illegal attempt that was made to revive it, during the reign of king James the fecond, ferved only to haften that infatuated prince's ruin, II. NEXT, as to the courts military. The only court of this kind known to, and established by, the permanent laws of the land, is the court of chivalry, formerly held before the lord high constable and earl marshal of England jointly; but fince the attainder of Stafford duke of Buckingham under Henry VIII, and the confequent extinguishment of the office of lord high constable, it hath usually with refpect to civil matters been held before the earl marshal only '. This court by ftatute 13 Ric. II. c. 2. hath cognizance of contracts and other matters touching deeds of arms and war, as well out of the realm as within it. And from it's fentences an appeal lies immediately to the king in perfon'. This court was in great reputation in the times of pure chivalry, and afterwards during our connexions with the continent, by the territories which our princes held in France: but is now grown almost entirely out of use, on account of the feeblenefs of it's jurif diction, and want of power to enforce it's judgments; as it can neither fine nor imprison, not being a court of record". III. THE maritime courts, or fuch as have power and ju`rifdiction to determine all maritime injuries, arifing upon the $ 1 Lev. 230. Show. Parl. Caf. 60. 14 Inft. 125. u 7 Mod. 127. feas, feas, or in parts out of the reach of the common law, are only the court of admiralty, and it's courts of appeal. The court of admiralty is held before the lord high admiral of England, or his deputy, who is called the judge of the court. According to fir Henry Spelman ", and Lambard, it was first of all erected by king Edward the third. It's proceedings are according to the method of the civil law, like thofe of the ecclefiaftical courts; upon which account it is usually held at the fame place with the superior ecclefiaftical courts, at doctors' commons in London. It is no court of record, any more than the fpiritual courts. From the fentences of the admiralty judge an appeal always lay, in ordinary course, to the king in chancery, as may be collected from statute 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 ad*miral-court." But this is alfo exprefsly declared by statute 8 Eliz. c. 5. which enacts, that upon appeal made to the 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 jurisdiction, though they may also be brought be fore the king in council. But in case of prize vessels, 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 consisting chiefly of the privy council, and not to judges delegates. And this by virtue of divers treaties with foreign nations; by which particular courts are established in all the maritime countries of Europe for the decifion of this question, whether lawful prize or not: for this being a queftion between subjects of different states, 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 question is Gloff. 13. E 4 Archeion. 41. permitted permitted 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, commiflioned under the great feal for this purpose. In 1748, for the more speedy determination of appeals, the judges of the courts of Westminster-hall, though not privy counsellors, were added to the commiffion then in being. But doubts. being conceived concerning the validity of that commission, on account of such addition, the fame was confirmed by ftatute 22 Geo. II. c. 3. with a provifo, that no fentence: given under it fhould be valid, unlefs a majority of the commiffioners prefent were actually privy counfellors. But this did not, I apprehend, extend to any future commissions: and fuch an addition became indeed totally unneceffary in the courfe of the war which commenced in 1756; fince, during the whole of that war, the commiffion of appeals was regularly attended and all it's decisions conducted by a judge, whofe masterly acquaintance with the law of nations was known and revered by every state in Europe. See the fentiments of the prefident Montefquieu, and M. Vattel, (a fubject of the king of Pruffia) on the answer tranfmitted by the English court to his Pruffian majesty's Expofition des motifs, CHAPTER THE SIXTH. OF COURTS OF A SPECIAL JURISDICTION. IN N the two preceding chapters we have confidered the feveral courts, whofe jurifdiction is public and general; and which are fo contrived that fome or other of them may adminifter redress to every poffible injury that can arife in the kingdom at large. There yet remain certain others, whose jurisdiction is private and special, confined to particular spots or instituted only to redress particular injuries. These are 1. THE foreft courts, inftituted for the government of the king's forests in different parts of the kingdom, and for the punishment of all injuries done to the king's deer or venison, to the vert or greenfwerd, and to the covert in which fuch deer are lodged. Thefe are the courts of attachments, of regard, of freinmote, and of justice-feat. The court of attachments, wood-mote, 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 mainoeuvre, a manu) that is, in the very act of killing venifon or ftealing wood, or preparing fo to do, or by fresh and immediate purfuit after the act is done ; else, they must be attached by their goods. And 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 enroll them, and to certify them under their feals to the court of justice-feat, or fweinmoted for this court can only inquire of, but not convict offenders. 2. 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 cutting off the claws and ball (or a Cart. de foreft. 9 Hen. III. c. 3. 4 Inft. 289. c Carth. 79. C pclote) pelote) of the forefeet, to prevent them from running after deer. No other dogs but maftiffs are to be thus lawed 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 houfe. 3. The court of fweinmote is to be holden before the verderors, as judges, by the steward of the fweinmote thrice in every year, the fweins or freeholders within the foreft compofing the jury. The principal jurifdiction of this court is, first, to inquire into the oppreffions and grievances committed by the officers of the foreft; "de fuper-oneratione foreftari❝orum, et aliorum miniftrorum foreftae ; 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 h. And this court may not only inquire, but convict also, which conviction fhall be certified to the court of justice-feat under the feals of the jury; for this court cannot proceed to judgment. But the principal court is, 4. The court of juftice-feat, which is held before the chief justice in eyre, or chief itinerant judge, capitalis juflitiarius in itinere, or his deputy; to hear and determine all trefpaffes within the foreft, and all claims of franchifes, liberties, and privileges, and all pleas and caufes whatfoever therein. arifing. It may alfo proceed to try prefentments in the inferior courts of the forefts, and to give judgment upon conviction of the fweinmote. And the chief juftice may therefore after prefentment made or indictment found, but not before, iffue his warrant to the officers of the foreft to apprehend the offenders. It may be held every third year; and forty days notice ought to be given of it's fitting. This court may fine and imprifon for offences within the foreft", it being a court of record: and therefore a writ of error lies from hence to the court of king's bench, to rectify and redress any mal-administrations of justice"; or the chief justice in eyre may adjourn any matter of law into the court of 1 Stat. 1 Edw. III. c.8.7 Ric.II.c.4. 4. Inst. 313. ■ Ibid. 297. |