quests and Juries, in pleas of land that require great examination; shall be taken in the Country (in the manner abovesaid) before two • Justices of the Bench.' [No. VIII. ] 12 Edward II. stat. 1. c. 4-Justices of Nisi Prius shall record Nonsuits, Defaults, &c. No. VII. 12 Edw. II. st. 1. c. 3. stat. 1. c. 4. AND the Justices or Justice shall have power to record Nonsuits 12 Edward II. and Defaults in the Country, at the days and places assigned, as 'afore is said. And that which they shall have done in the things above mentioned, shall be reported in the Bench at a day certain, there to be inrolled, and thereupon judgment shall be given. And the King intendeth not, that the said Inquests and Juries should not be taken in the Bench if they come, nor that this Statute should extend unto great Assizes. And also one Justice of the one place and of the other, being associate with a discreet man of the country, Knight, or other, at the request of the plaintiff, shall take Inquests upon pleas pleaded and to be pleaded, that be moved by attachment and distress, and shall have power to record Nonsuits as above is said, and to take Inquests • upon defaults there made. And as to the Inquests to be taken upon Writs of Quare impedit, it shall be done as is contained in the Statute ' of Westminster the Second; and the Justices shall have power to record Nonsuits and Defaults in the Country, and to give judgment thereupon, as they do in the Bench, and there to report that which judgment in they have done, and there to be inrolled. And if it happen, that the Quare impedit, • Justice or Justices that shall be assigned to take such Inquests in the Country, do not come, or if they come into the country at the day assigned, yet the parties and persons of such Inquests shall keep their day in the Bench." [No. IX. ] 2 Edward III. c. 2.-In what Cases only. Pardon of Felony shall be granted. Who shall be Justices of Assise, &c. 66 By 14 Ed. III. st. 1. c. 16. Justices of Assise may give &c. c. 2. ITEM, Whereas Offenders have been greatly encouraged, because 2 Edward III. the Charters of Pardon have been so easily granted in times past, "of Manslaughters, Robberies, Felonies, and other Trespasses against "the Peace;" it is ordained and enacted, That such Charter shall not · be granted, but only where the King may do it by his oath, that is to say, where a man slayeth another in his own defence, or by misfortune. And also they have been encouraged, because that the Justices of Gaol-delivery, and of Oyer and Terminer, have been procured by great men against the form of the Statute made in the twenty-seventh year of the reign of King EDWARD, grandfather to our Lord the King that now is, wherein is contained, that Justices assigned to take Assises, if they be laymen, shall make deliverance; and if the one be a clerk, ⚫ and the other a layman, that the Layjudge, with another of the country associate to him, shall deliver the Gaols: Wherefore it is enacted, Who shall be That such Justices shall not be made against the form of the said Justices of As• Statute; and that the Assises, Attaints, and. Certifications be taken be- sise and Gaol ⚫fore the Justices commonly assigned, which should be good men and lawful, having knowledge of the law, and none other, after the form of another statute made in the time of the said King EDWARD the First. And that the Oyers and Terminers shall not be granted but before Justices of the one Bench or the other, or the Justices Errants, and that for great hurt, or horrible trespasses, and of the King's special grace, after the form of the Statute thereof ordained in time of the said grandfather, and none otherwise,' Delivery. To whom Oyers and Ter- for what No. X. 2 Edw. III. c. 11. 4 Edward III. c. 2. 9 Edward III. st. 1. c. 5. [No. X. ] 2 Edward III. c. 11.-The common Bench shall not be removed without Warning by Adjourn ment. IT TEM, Whereas by removing of the common Bench, the Pleas have oftentimes abiden without day, to the great Hurt and Peril of "Disherison of Divers;" it is enacted, That from henceforth the Jus'tices before that the common Bench be removed, shall be warned by a time, so that they may adjourn the parties by such time that they shall not lose their process. [No. XI. 1 4 Edward III. c. 2.-The Authority of Justices of Assise, Gaol-delivery, and of the Peace. IT TEM it is ordained, That good and discreet persons, other than of the places, if they may be found sufficient, shall be assigned in all the Shires of England, to take Assises, Juries, and Certifications, and to deliver the Gaols; and that the said Justices shall take the Assises, Juries, and Certifications, and deliver the Gaols, at the least three times a year, and more often, if need be. Also there shall be assigned good and lawful men in every County to keep the peace. And at the time of the assignments, mention shall be made that such as shall be ⚫ indicted or taken by the said Keepers of the Peace, shall not be let to Mainprise by the Sheriffs, nor by none other Ministers, if they be not mainpernable by the Law; nor that such as shall be indicted, shall not be delivered but at the common law. And the Justices assigned to deliver the Gaols shall have power to deliver the same Gaols of those ⚫ that shall be indicted before the Keepers of the Peace; and that the ⚫ said Keepers shall send their indictments before the Justices, and they shall have power to enquire of Sheriffs, Gaolers, and other, in whose ⚫ Ward such indicted person shall be, if they make deliverance, or let to mainprise any so indicted, which be not mainpernable, and to pu⚫nish the said Sheriffs, Gaolers, and others, if they do any thing against • this Act.' [No. XII. ] 9 Edward III. stat. 1. c. 5.—Which Justices shall send their Records and Process determined in the Exchequer. TEM, At the Request of the Commons, our Lord the King by the said assent hath ordained and established, That Justices of Assises, • Gaol Delivery, and of Oyer and Terminer, shall send all their Records and Processes determined and put in execution, to the Exchequer at Michaelmas, every year once to be delivered there; and the Treasurer and Chamberlains, which for the time shall be, having the sight ⚫ of the Commissions of such Justices, shall receive the same Records ' and Processes of the said Justices under their seals, and keep them in the Treasury, as the manner is; so that the Justices always do first take out the Estreats of the said. Records and Processes against them, ⚫ to send to the Exchequer, as they were wont before.' [ No. XIII. ] 14 Edward III. stat. 1. c. 16.-Before what Persons Nisi Prius may be granted. 14 Edward III. " st. 1. c. 16. ITEM, Whereas before this time it was established, That the Inquests and Juries which be to be taken, as well of the King's "Bench as of the Common Bench, should be taken before one or more "Justices of the same place, as it is contained in the said Establishment; "and now it is notoriously seen and known, that divers Inquests and "Jurics have been taken, and yet be in divers Counties of England, any No. XIII. 14 Edw. III. st. 1. c. 16. fore a Justice of another where the suit Court, than dependeth. "where no Justice did come, to the great Mischief of the Parties that "do sue, and also of the good People of the Country which be impa"nelled;"Wherefore it is assented and established, That whoso demandeth the Nisi Prius in the King's Bench, as well at the suit of the Defendant, as of the Plaintiff (as before this time hath been done by the form of the Statute) the Nisi Prius shall be granted before any Justice of the place where the plea dependeth, if any of the same place may well go into those parts; and if not, then the Nisi Prius shall be granted before any Justice of the Common Bench, at a certain day, which may be accorded, and to deliver or send the tenor of the Record to him under the seal of the Chief Justice of the place, at which day he shall take the Inquest, and return the Verdict under his seal with the Writ, the Tenor, and the Panel, which shall be received in the King's Bench, and there enrolled, and thereupon judgment given according to the Verdict of the same Inquest. And the said Nisi Prius may Justice of the Common Beuch shall have power to record Defaults and be granted beNonsuits, as far forth as if the Nisi Prius had been granted before Justice of the King's Bench; after which Defaults so recorded and • returned in the King's Bench, the Justices shall go to give Judgment upon the same Record. And in the same manner be it done of all the Pleas which be or shall be in the Common Bench, whereof the Inquests and Juries be or shall be taken in the Country by Nisi Prius. And if none of the Justices of the same place go, the Nisi Prius shall be granted before any Justice of the King's Bench, to do as afore is said of the Justices of the Common Bench; and the tenor of the Record shall be sent to the same Justice, that he may have like power as 'afore is said of the Justices of the Common Bench, which be assigned to take Inquests and Juries of the King's Bench. And if it happen that none of the Justices of the one Bench nor the other may come ⚫ into the Country where Inquests or Juries be to be taken, then the Nisi • Prius shall be granted before the Chief Baron of the Exchequer, if he be a man of the law, and he shall have such power as the Justices of the one Bench and the other have by this Statute. And in case that none of the Justices of the one Bench nor the other, nor the Chief Baron of the Exchequer, being a man of the law, do not come into the Country where the Inquests and Juries be or shall be taken by the Nisi Prius, then the Nisi Prius shall be granted before the Justices assigned to take Assises in those parts; so always that one of the said Justices assigned be Justice of the one Bench or the other, or the King's Serjeant sworn: And the same Justices shall have such power as afore is said of the Justices of the one Bench and of the other. And if the one party demand the tenor of the Record to have with him, to deliver to the Justices before whom the Nisi Prius is granted, for to eschew that no fraud or damage to be done to the other party, nor to the people of the Inquests, another tenor of the same Record shall be delivered to the other party, if he the same require. And whereas it Justices of Ashath been another time established, that the Justices before whom the sise may give ' Nisi Prius hath been granted in Pleas of Assises, of Darrein present- Judgment •ment, and Quare impedit, should have power to give the judgments in the Country upon the Verdicts of Assise, and of Inquests, and Nonsuits and Defaults; it is assented, That the Justices of the one Bench and of the other, the Chief Baron of the Exchequer, and the Justices assigned, before whom the Nisi Prius is granted by this Statute, shall have power to give judgments in the Country, and return the same according as it is contained in the Statute of York thereupon made.' upon [No. XIV.] The Oath of the Justices, being made Anno E 18 Edw. III. stat. 4. and Anno Dom. 1344. upon Assise, Quare impedit and Darrein presentment. YB shall swear, That well and lawfully ye shall serve our Lord the 18 Edward III. King and his people in the office of Justice, and that lawfully ye stat. 4. No. XIV. 18 Edw. III. stat. 4. Justices of both Benches shall serve the King in their office. To warn the King of any damage. To do justice. To take no reward of any having a suit. To give no ་ 6 shall counsel the King in his business, and that ye shall not counsel nor assent to any thing which may turn him in damage or disherison by any manner, way, or court. And that ye shall not know the damage or disherison of him, whereof ye shall not cause him to be warned by yourself, or by other; and that ye shall do equal Law, and execution of right, to all his subjects, rich and poor, without having regard to any person. And that ye take not by yourself, or by other, privily nor apertly, gift nor reward of gold nor silver, nor of any other thing which may turn to your profit, unless it be meat or • drink, and that of small value, of any man that shall have any plea or process hanging before you, as long as the same process shall be so hanging, nor after for the same cause. And that ye take no fee, as long as ye shall be Justice, nor robes of any man great or small, but of the King himself. And that ye give none advice or counsel to no man great nor small, in no case where the King is party. And in case that any of what estate or condition they be, come before you in your Sessions with force and arms or otherwise against the peace, or against the form of the Statute thereof made, to disturb execution of the Common Law, or to menace the people that they may not pursue the law, that ye shall cause their bodies to be arrested and put in prison; and in case they be such that ye cannot arrest them, that ye certify the King of their names, and of their misprision hastily, so that he may thereof ordain a conveneable remedy. And that ye by your self nor by other, privily nor apertly, maintain any plea or quarrel hanging in the King's Court, or elsewhere in the Country. And that ye deny to no man common right by the King's Letters, nor none other man's, nor for none other cause; and in case any letters come to you contrary to the law, that ye do nothing by such letters, but certify the King thereof, and proceed to execute the law, notwithstanding the same letters. And that ye shall do and procure the profit of the King and of his Crown, with all things where ye may 'reasonably do the same. And in case ye be from henceforth found in The penalty of default in any of the points aforesaid, ye shall be at the King's will of 'body, lands, and goods, thereof to be done as shall please him, as God you help and all Saints.' Counsel where the King is a party. To maintain no suit. Not to deny right for let ters. To procure the King's pro fit. an offender. 20 Edward III. c. 1. Justices shall do right to all persons without regard of letters. Shall certify all illegal commandments. Shall take no fee of any, but of the King; [No. XV. ] 20 Edward III. c. 1.-The Justices of both FIRST, We have commanded all our Justices, That they shall from henceforth do equal law and execution of right to all our subjects, rich and poor, without having regard to any person, and without omitting to do right for any letters or commandment which may come to them from us, or from any other, or by any other cause. And if that any letters, writs, or commandinents come to the Justices, or to other deputed to do law and right according to the usage of the 'realm, in disturbance of the law, or of the execution of the same, or of right to the parties, the Justices and other aforesaid shall pro⚫ceed and hold their Courts and Processes where the pleas and matters 'be depending before them, as if no such letters, writs, or command⚫ments were come to them; and they shall certify us and our Council of such commandments which be contrary to the law, as afore is said. And to the intent that our Justices should do even right to all people in the manner aforesaid, without more favour shewing to one than to ' another, we have ordained and caused our said Justices to be sworn, That they shall not from henceforth, as long as they shall be in the 'office of Justice, take fee nor robe of any man, but of ourself, and that they shall take no gift nor reward by themselves, nor by other, privily nor apertly, of any man that hath to do before them by any way, except meat and drink, and that of small value; and that they shall give no counsel to great men or small, in case where we be party, or which do or may touch us in any point, upon pain to be at our will, body, lands, and goods, to do thereof as shall please us, in case they do contrary. And for this cause we have increased the fees of the same our Justices in such manner, as it ought reasonably to 'suffice them.' No. XV. 20 Edw. III. c. 1. nor give coun sel where the King is party. Their fees in [No. XVI. ] 20 Edward III. c. 2.-Barons of the Ex- creased. chequer shall do Right to all Men without Delay. IN c. 2. N the same manner we have ordained in the right of the Barons of 20 Edward III. the Exchequer, and we have expressly charged them in our presence, That they shall do right and reason to all onr subjects great and small; and that they shall deliver the people reasonably and without delay of the business which they have to do before them, without ⚫ undue tarrying as hath been done in times past.' [No. XVII. ] 20 Edward III. c. 3.-Justices of Gaoldelivery, &c. and their Associates, shall take an Oath. ITEM, We have ordained, That all they which shall be Justices as- 20 Edward III. signed by Commission to hear and determine, and such as shall be associated to them, and also Justices of Assises to be taken in the • Country, and of Gaol-delivery, and such as shall be assigned and as'sociated to them, shall make first an Oath in certain points, according as to them shall be enjoined by our Council in our Chancery, before • that any Commission be to them delivered.' [No. XVIII. ] 8 Richard II. c. 2.-No Man of Law shall be Justice of Assise, or Gaol-delivery in his own Country. c. 3. ITEM, it is ordained and assented, That no man of law shall be 8 Richard II. from henceforth Justice of Assises, or of the common deliverance ⚫ of Gaols in his own Country; and that the Chief Justice of the Common Bench be assigned amongst other to take such Assises and deliver 'Gaols. But as to the Chief Justice of the King's Bench, it shall be as ⚫ for the most part of an hundred years last past was wont to be done.' [ No. XIX.] 8 Richard II. c. 3.-None of the Justices or Barons shall take any Fee or Reward but of the King, nor shall give Counsel where the King is Party, or in any Suit depending before them. IT TEM, Whereas late in the time of the noble King EDWARD, Grandfather of our Sovereign Lord the King that now is it was ordained, That Justices as long as they should be in the office of Justices, should not take fee or robe of any except of the King, and that they should not take gift nor reward by them nor yet by other, privily or apertly, of any man which should have any thing to do afore them in any wise, except meat and drink of small value; and that they should not give counsel to any great or small in things or affairs where the King is party, or which in any wise touch the King upon a certain pain contained in the said Ordinance. And in the same manner it is ordained of the Barons of the Exchequer, as in the said Ordinance is more plainly contained the said Ordinance being rehearsed in the Parliament, it is (ordained and assented), That no Justice of the King's Bench nor of the c. 2. 8 Richard II. c. 3. |