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.

⚫ 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 manuer, 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 ex'ecution 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 6 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.'

To give no 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.

[No. XV. ] 20 Edward III. c. 1.-The Justices of both Benches, Assise, &c. shall do Right to all Men, take no Fee but of the King, nor give Counsel where the King is Party.

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 commandments 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 commandments 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.

ITE

c. 3.

[TEM, 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.

I'

TEM, 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.

I'

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.

No. XIX.

8 Rich. II.

c. 3.

8 Richard II.

c. 4.

9 Richard II. . c. 1.

20 Richard II. c. 3.

Common Bench, nor none of the Barons of the Exchequer, as long as they shall be in the office of Justice or Barons shall take from henceforth robe, fee, pension, gift nor reward, of any but of the King [except reward] of meat and drink, which shall be of no great value. And that from henceforth they shall give no counsel to any great or small in things or affairs, wherein the King is party, or which in any wise touch the King, and that they be not of any man's counsel in any cause, plea or quarrel, hanging the plea before them or in other of the King's Courts or places upon pain of loss of their office, and making to the King fine and ransom.

[ No. XX. ] 8 Richard II. c. 4.-The Penalty if a Judge or Clerk make a false Entry, rase a Roll, or change a Verdict.

TEM, At the complaint of the said Commonalty made to our Lord the King in the Parliament, for that great disherison in times past "was done of the people, and may be done by the false entering of pleas, rasing of Rolls, and changing of Verdicts;"it is accorded and assented, That if any Judge or Clerk be of such default (so that by the same default there ensueth disherison of any of the parties) sufficiently convict before the King and his Council, by the manner • and form which to the same our Lord the King and his Council shall seem reasonable, and within two years after such default made, if the party grieved be of full age, and if he be within age, then within two years after that he shall come to his full age, he shall be punished by fine and ransom at the King's will, and satisfy the party. And as to the restitution of the inheritance desired by the said Commons, the party grieved shall sue by Writ of Error, or otherwise, according to the law, if he see it expedient for him.'

[No. XXI. ] 9 Richard II. c. 1.-A Confirmation of all Statutes not repealed, saving of the Statute of 8 Rich. II. c. 3.

FIRST, it is accorded and assented, That all the Statutes made by the Parliament in the times of the King's noble Progenitors, and in his own time, as well of Sheriffs, Under-Sheriffs, Escheators, and • Clerks of Sheriffs, as of Purveyors, and all other good Statutes and Ordinances not repealed by Parliament, shall be firmly holden and kept, and due execution thereof done, according to the effect of the same, except the Statute of the Justices and Barons of the Exchequer made at the last Parliament, which because it is very hard, and ́ 'needeth declaration, the King will that it be of no force till it be declared by Parliament.'

[No. XXII. ] 20 Richard II. c. 3.-No Man shall sit upon the Bench with the Justices of Assise.

ITEM, The King doth will and forbid, that no Lord, nor other of the Country, little nor great, shall sit upon the Bench with the 'Justices to take Assises, in their Sessions in the Counties of England, upon great forfeiture to the King; and hath charged his said Justices, that they shall not suffer the contrary to be done.' (1)

(1) I have thought it eligible to insert this nd the other preceding Numbers as matter of sity. Mr. Barington, in relation to this observes, that by the ancient Rules Parliament of Paris, no Member of that

Body may frequent the Houses of Princes, or go to the Louvre; and that it is not usual with us at present for the puisne Judges to go to Court.

[ No. XXIII.] 4 Henry IV. c. 23.-Judgments given No. XXIII. shall continue until they shall be reversed by Attaint 4 Hen. IV. or Error.

64

TEM, Where as well in Plea real as in Plea personal, after judgment given in the Courts of our Lord the King, the parties be made to "come upon grievous pain, sometime before the King himself, some"time before the King's Council, and sometimes to the Parliament, to answer there of new, to the great impoverishing of the parties aforesaid, and in the subversion of the common law of the land;" it is ⚫ ordained and established, That after judgment given in the Courts of our Lord the King, the parties and their heirs shall be thereof in peace, until the judgment be undone by Attaint or by Error, if there be Error, as hath been used by the laws in the times of the King's Progenitors.'

66

[ No. XXIV. ] 13 Henry IV. c. 2.-A Confirmation of the Statute of 8 Rich. II. cap. 2. touching Justices of Assise and Gaol-delivery, for so long as it shall please the King.

c. 23.

c. 2.

IT TEM, It is ordained and established, That the Statute made in the 13 Henry IV. eighth year of King RICHARD the Second, wherein be contained these words which follow, “Item, it is agreed and ordained, that no man of the law shall be from henceforth Justice of the Assises or of the common deliverance of Gaols in his own Country; and that the Chief Justice of the Common Bench be assigned (among other Justices) to take such Assises and deliver Gaols; but as to the Chief Justice of the King's Bench, it shall be done as hath been accustomed for the most part of an hundred years last past; shall be holden and kept, notwithstanding any Statute or Ordinance made to the contrary. And that no Chief Justice of the King's Bench be in any wise hereafter made Justice to take Assises in any County within the Realm of England, but only in the County of Lancaster. And that this Statute hold place, and be in force as long as shall please the King for salvation of his prerogative.

[No. XXV. ] 11 Henry VII. c. 3.-The Justices of Assise in their Sessions, and the Justices of Peace in every County, upon Information for the King, shall have Authority to hear and determine all Offences and Contempts (saving Treason, Murder, or Felony) committed by any Person against the Effect of any Statute made, and not repealed.

[No. XXVI.] 32 Henry VIII. c. 21.-Trinity Term, and

the Abbreviation thereof.

WH

WHERE the Term called Trinity Term of long time hath been, and 32 Henry VIII.
yet is, yearly used to be holden and kept in such time and season
c. 21.

of the year, that by occasion thereof not only great peril and danger The causes of of infection of the Plague, and sundry other sicknesses have happened abbreviating to the King's loving subjects, as well Nobles as other, but also hath Trinity Term. ⚫ been and yet is, a great impediment and let to a great multitude of the King's poor subjects, for provision and gathering in of harvest,

and other their necessary business and livings in that season of the year most expedient to be exercised: The King's most Royal Majesty having especial respect, as well to the health as to the wealth of his people, by the assent of the Lords Spiritual and Temporal, and the

c. 21.

There shall be only four days

of return in Trinity Term, and not above.

No. XXVI. Commons, in this present Parliament assembled, and by the authority of 32 H. VIII. the same, ordaineth, enacteth and establisheth, That in the said Trinity Term shall be four common days of return only and not above; that is to say, the first day of return shall be, and be called, In Crastino Sanctæ Trinitatis; the second day of return of the same Term shall be, and be called, In Octabis Sanctæ Trinitatis; the third day of return of the same Term shall be, and be called, In Quindena Sanctæ Trinitatis; and the fourth day of return of the same term shall be, and be called, A die Sanctæ Trinitatis, in tres septimanas; and that the same days of return shall be observed and kept in all our Sovereign Lord the King's High Courts of Record hereafter to be holden at Westminster, or other place or places at the assignment, appointment or agreement of our said Sovereign Lord, his heirs or successors; and that from or after the Feast of St. Michael the Archangel next coming, there shall not be, nor be called, any days of return In Crastino Sancti Joannis Baptistæ, Octabis Sancti Joannis Baptistæ, nor Quindena Sancti Joannis Baptistæ, nor any of them.

When Trinity Term shall be gin, and every return thereof.

Days given in real actions.

Days given in a writ of dower.

II. And be it further enacted by the authority aforesaid, That the said Term of the Holy Trinity shall yearly for ever, from the said Feast of St. Michael the Archangel next coming, begin the Monday next after Trinity Sunday, whensoever it shall happen to fall, for the keeping of the Essoigns, Profers, Returns, and other Ceremonies heretofore used and kept, in like manner and form as in times past hath been used to be done in the day of return commonly called In Octabis Sanctæ Trinitatis; and that the full Term of the said Trinity Term shall yearly for ever begin and take his commencement the Friday next after Corpus Christi Day, in such and in like manner and form, to all purposes, intents and respects, as heretofore hath been used the Wednesday next after Corpus Christi Day; and that from and after the said Feast of St. Michael the Archangel next coming, the said second and third days of return, called Octabis Sanctæ Trinitatis, and Quindena Sanctæ Trinitatis, shall take their commencement and begin as in times past hath been used; and the said fourth day, called A die Sanctæ Trinitatis in tres septimanas, shall take his commencement and begin from the same Trinity Sunday into three weeks then next following, and shall have his return with the fourth day, as is accustomed in other like days of return.

III. And be it further enacted by the authority aforesaid, That if after the said Feast of Saint Michael the Archangel next coming, any writ in any real action come in or be returnable into any of our said Sovereign Lord the King's Courts In Octabis Sancti Hilarii, then day shall be given In Crastino Sanctæ Trinitatis; if In Quindena Sancti Hilari, In Octabis Sanctæ Trinitatis: if In Crastino Purificationis Beatæ Mariæ, In Quindena Sanctæ Trinitatis; if In Octabis Purificationis Beatæ Mariæ, then A die Sanctæ Trinitatis in tres septimanas : and if after the same Feast of Saint Michael the Archangel any writ in any real action come into any of our said Sovereign Lord the King's Courts returnable In Crastino Sanctæ Trinitatis, then day shall be given In Crastino Animarum; if In Octabis Sanctæ Trinitatis, In Crastino Sancti Martini; if In Quindena Sanctæ Trinitatis, In Octabis Sancti Martini; if A die Sanctæ Trinitatis in tres septimanas, In Quindena Sancti Martini.

IV. And be it further enacted by the authority aforesaid, That if after the said Feast of Saint Michael the Archangel next coming, any Writ of Dower come into any of our Sovereign Lord the King's Courts, and be returnable in Quindena Paschæ, then day shall be given In Crastino Sanctæ Trinitatis; if A die Paschæ in tres septimanas, In Octabis Sanctæ Trinitatis; if A die Paschæ in unum mensem, in Quindena Sanctæ Trinitatis; if A die Paschæ in quinque septimanas, or In Crastino Ascensionis Domini, then day shall be given unto the day of A die Sanctæ Trinitatis in tres septimanas. And if after the same Feast of Saint Michael the Archangel next coming, any Writ of Dower come into any of our said Sovereign Lord the King's Courts of Record In Crastino Sanctæ Trinitatis, then day shall be given In Octabis Sancti Michaelis ; if In Octabis