united to the legal power(r) by virtue of the statute 1 Eliz. c. 1, instead of a larger jurisdiction which had before been exercised under the pope's authority. It was intended to vindicate the dignity and peace of the church, by [*68 reforming, ordering, and correcting the ecclesiastical state and persons, and all manner of errors, heresies, schisms, abuses, offences, contempts, and enormities. Under the shelter of which very general words, means were found, in that and the two succeeding reigns, to vest in the high commissioners extraordinary and almost despotic powers of fining and imprisoning; which they exerted much beyond the degree of the offence itself, and frequently over offences by no means of spiritual cognizance. For these reasons this court was justly abolished by statute 16 Car. I. c. 11. And the weak and illegal attempt that was made to revive it, during the reign of king James the Second, served only to hasten 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 since the attainder of Stafford, duke of Buckingham, under Henry VIII., and the consequent extinguishment of the office of lord high constable, it hath usually, with respect to civil matters, been held before the earl marshal only.(8) This court, by statute 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 its sentences an appeal lies immediately to the king in person. (t) 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 feebleness of its jurisdiction, and want of power to enforce its judgments, as it can neither fine nor imprison, not being a court of record. (u) III. The maritime courts, or such as have power and jurisdiction to determine all maritime injuries, arising upon the *seas, or in parts out of the reach of the common law, are only the court of admiralty and its 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 Sir Henry Spelman,(w) and Lambard,(x) it was first of all erected by king Edward the Third. Its proceedings are according to the method of the civil law, like those of the ecclesiastical courts; upon which account it is usually held at the same place with the superior ecclesiastical courts, at doctors' commons in London. It is no court of record, any more than the spiritual courts. From the sentences of the admiralty judge an appeal always lay, in ordinary course, to [*69 4 Burr. 2254. A commission of review was applied for in the court of chancery in Michaelmas Term, 1798, when the chancellor, upon hearing the arguments of civilians and barristers respecting the judgment of the delegates, determined to recommend to the king to grant a commission of review. See 4 Ves. Jr. 186.-CHRISTIAN. But the jurisdiction of the court of delegates has, by statutes 2 & 3 W. IV. c. 92 and 3 & 4 W. IV. c. 41, been transferred to the judicial committee of the privy council, which is now the great court of appeal in all ecclesiastical causes. This court is composed of the president of the council, the lord chancellor, the chief justice of the court of King's Bench, the master of the rolls, the lord-justices of the court of appeal in chancery, vicechancellors, (if privy councillors,) the chief justice of the Common Pleas, the lord chief baron, the judge of the prerogative court, the judge of the high court of admiralty, the members of the privy council who shall have held any of these offices, and two other privy councillors, who may be appointed by sign manual; and two privy councillors who shall have held the office of judge in the East Indies or any of the king's dominions beyond seas shall attend the sittings of the judicial committee. By stat. 6 & 7 Vict. c. 38, appeals may be heard by not less than three of its members, under a special order of the queen. This court is a court of record, and has full power to punish contempts and enforce its decrees, to award costs and have them taxed.-STEWART. The practice of the court of admiralty has been improved and its jurisdiction extended by statute 3 & 4 Vict. c. 65.—STEWArt. 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 per sons named in the king's commission, "like as in case of appeal from the admiralcourt." But this is also expressly declared by statute 8 Eliz. c. 5, which enacts, that upon appeal made to the chancery, the sentence definitive of the delegates appointed by commission shall be final. Appeals from the vice-admiralty courts in America, and our other plantations and settlements, 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 before 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 commissioners 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 decision of this question, whether lawful prize or not; for, this being a question 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 *permitted in England, is the court of admiralty *70] and the court of appeal is in effect the king's privy council, the members of which are, in consequence of treaties, commissioned under the great seal 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 commission then in being. But doubts being conceived concerning the validity of that commission on account of such addition, the same was confirmed by statute 22 Geo. II. c. 3, with a proviso that no sentence given under it should be valid unless a majority of the commissioners present were actually privy counsellors. But this did not, I apprehend, extend to any future commissions: and such an addition became indeed totally unnecessary in the course of the war which commenced in 1756; since during the whole of that war, the commission of appeals was regularly attended and all its decisions conducted by a judge whose masterly acquaintance with the law of nations was known and revered by every state in Europe.(y)* (v) See the sentiments of the president Montesquien and M. Vattel (a subject of the king of Prussia) on the answer transmitted by the English court to his Prussian majesty's Exposition des Motifs, &c. A.D. 1753. Montesquieu's Letters, 5 Mar. 1753. Vattel's droit de gens, l. 2, c. 7, § 84. But now, by stat. 3 & 4 W. IV. c. 41, s. 2, all appeals are to be made to the queen in council from the court of admiralty or vice-admiralty, or any other court in America and other her majesty's dominions abroad; and, by s. 3, all appeals may be referred to the judicial committee.-STEWART. And, in order to give effect to this, the prize acts passed at the commencement of a war usually provide that ships and goods taken from the enemy, whether by the royal navy or by privateers, must first be condemned in some court of admiralty as lawful prize before any right in point of solid enjoyment can accrue to the captors; and specific directions are prescribed for duly proceeding to such sentence. See the 19 Geo. III. o. 67. 1 Wils. 229. 4 Rob. 55.-CHITTY. 5 This seems incorrect; for questions of this nature are tried in the prize court, which is quite distinct from the admiralty court, otherwise called the instance court. The whole system of litigation and jurisprudence in the prize court is peculiar to itself. See Doug. 594. The judge of the admiralty court, though also the judge of the prize court, is appointed by a commission under the great seal, which enumerates particularly, as well as generally, every object of his jurisdiction, but not a word of prize. See Doug. 614. The judge of the prize court is appointed, and the court authorized, by a commission under the great seal directed to him, to will and require the court of admiralty, and the lieutenant and judge of the same court, his surrogate or surrogates, and they are thereby authorized and required to proceed upon all and all manner of captures, seizures, prize, and reprisals, of all ships and goods that are or shall be taken, and to hear and determine according to the course of the admiralty and the law of nations. See id.; and see further, as to the jurisdiction and proceedings in the prize court, post.-CHITTY. Lord Mansfield is here alluded to. The answer to the Exposition des Motifs, &c. is signed by Sir G. Lee, judge of the prerogative court, Dr. Paul, advocate-general, Sir D. Ryder attorney, and Sir W. Murray, solicitor-general; but lord Mansfield frequently CHAPTER VI. OF COURTS OF A SPECIAL JURISDICTION. In the two preceding chapters we have considered the several courts whose jurisdiction is public and general, and which are so ontrived that some or other of them may administer redress to every possible injury that can arise 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, I. The forest courts, instituted 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 greensward, and to the covert in which such deer are lodged. These are the courts of attachments, of regard, of sweinmote, and of justice-seat. 1. The court of attachments, wood-motes, or forty-days court is to be held before the verderors of the forest once in every forty days;(a) and is instituted to inquire into all offenders against vert and venison; (b) who may be attached by their bodies, if taken with the mainour, (or mainoeuvre, a manu,) that is, in the very act of killing venison, or stealing wood, or preparing so to do, or by fresh and immediate pursuit after the act is done ;(c) else they must be attached by their goods. And in this forty-days court the foresters or keepers are to bring their attachments, or presentments de viridi et venatione; and the verderors are to receive the same, and to enroll them, and to certify them under their seals to the court of justice-seat or sweinmote :(d) for this court can only inquire of, but not convict, offenders. 2. The court of regard, or survey 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 *pelote) of the forefeet, to prevent them from running after deer. (e) No other dogs [*72 but mastiffs are to be thus lawed or expeditated, for none others were permitted to be kept within the precincts of the forest; it being supposed that the keeping of these, and these only, was necessary for the defence of a man's house.(f) 3. The court of sweinmote is to be holden before the verderors, as judges, by the steward of the swein-mote, thrice in every year,(g) the sweins or freeholders within the forest composing the jury. The principal jurisdiction of this court is, first, to inquire into the oppressions and grievances committed by the officers of the forest; "de super-oneratione forestariorum, et aliorum ministrorum foresta; et de eorum oppressionibus populo regis illatis;" and, secondly, to receive and try presentments certified from the court of attachment against (a) Cart. de forest. 9 Hen. III. c. 8. (*) 4 Inst. 289. (*) Carth. 79. (4) Cart. de forest. c. 16. (*) Ibid. declared to his friends that it was entirely his own composition. Holliday's Life of Lord M. p. 424. Montesquieu calls it une réponse sans replique.-COLERIDGe. And now, by stat. 3 & 4 W. IV. c. 41, g 2, all appeals or applications in prize suits shall be made to the king in council, and, by stat. 6 & 7 Vict. c. 38, may be referred to the judicial committee of the privy council, which is now the great court of appeal as well in all maritime as ecclesiastical matters.-STEWART. Prior to the Revolution, courts of admiralty existed in most of the colonies which afterwards became the United States. By the Articles of Confederation, Congress was authorized to appoint courts for the trial of piracies and felonies committed on the high seas, and to establish courts for receiving and determining finally appeals in all cases of captures. By the constitution of the United States, art. 3, it is provided that the judicial power of the United States shall extend to all cases of admiralty and maritime jurisdiction. The cognizance of all cases of admiralty and maritime jurisdiction, including cases of captures made within the waters of the United States or within a marine league of the coasts or shores thereof, is now vested in the district courts of the United States. From these courts an appeal lies to the circuit courts, and from thence to the Supreme Court of the United States. Act of Congress 24 Sept. 1789, s. 9. 1 Story's Laws U. S. 56.-SHARSWOOD. offences in vert and venison.(h) And this court may not only inquire, but convict also, which conviction shall be certified to the court of justice-seat under the seals of the jury; for this court cannot proceed to judgment. (i) But the principal court is, 4, The court of justice-seat, which is held before the chief justice in eyre, or chief itinerant judge, capitalis justiciarius in itinere, or his deputy; to hear and determine all trespasses within the forest, and all claims of franchises, liberties, and privileges, and all pleas and causes whatsoever therein arising.(k) It may also proceed to try presentments in the inferior courts of the forests, and to give judgment upon conviction of the sweinmote. And the chief justice may therefore, after presentment made, or indictment found, but not before,() issue his warrant to the officers of the forest to apprehend the offenders. It may be held every third year; and forty days' notice ought to be given of its sitting. This court may fine and imprison for offences within the forest,(m) 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 *73] mal-administrations of justice ;(n) or the chief justice in eyre may adjourn any matter of law into the court of king's bench.(0) These justices in eyre were instituted by king Henry II., A.D. 1184,(p)1 and their courts were formerly very regularly held: but the last court of justice-seat of any note was that holden in the reign of Charles I., before the earl of Holland; the rigorous proceedings at which are reported by Sir William Jones. After the restoration another was held, pro forma only, before the earl of Oxford;(q) but since the era of the revolution in 1688, the forest laws have fallen into total disuse, to the great advantage of the subject.2 II. A second species of restricted courts is that of commissioners of sewers. This is a temporary tribunal, erected by virtue of a commission under the great seal; which formerly used to be granted pro re nata at the pleasure of the crown,(r) but now at the discretion and nomination of the lord chancellor, lord treasurer, and chief justices, pursuant to the statute 23 Hen. VIII. c. 5. Their jurisdiction is to overlook the repairs of sea-banks and sea-walls, and the cleansing of rivers, public streams, ditches, and other conduits whereby any waters are carried off and is confined to such county, or particular district, as the commission shall expressly name. The commissioners are a court of record, and may fine and imprison for contempt;(s) and in the execution of their duty may proceed by jury, or upon their own view, and may take order for the removal of any annoyances, or the safeguard and conservation of the sewers within their commission, either according to the laws and customs of Romney marsh,(t) or otherwise at their own discretion. They may also assess such rates, or scots, upon the owners of lands within their district as they shall judge necessary; and, if any person refuses to pay them, the commissioners may levy the same by distress of his goods and chattels; or they may, by statute 23 Hen. VIII. c. 5, sell his freehold lands (and, by the 7 Anne, c. 10, his copyhold also) in order to pay such *scots or assessments. But their conduct is under the control of the court of king's bench, which will prevent or *74] 1 By the 57 Geo. III. c. 61, the offices of these justices are abolished on the termination of their then existing interests, and the salaries of the abolished offices are to make part of the consolidated fund.-CHITTY. All the forests which were made after the conquest, except New Forest in Hampshire, created by William the Conqueror, were disafforested by the charta de foresta. The forest of Hampton Court was established by the authority of parliament in the reign of Hen. VIII. The number of forests in England is sixty-nine. 4 Inst. 319. Charles I. enforced the odious forest laws, as a source of revenue independent of the parliament.— CHRISTIAN. punish any illegal or tyrannical proceedings.(u) And yet, in the reign of king James I., (8 Nov. 1616,) the privy counsel took upon them to order that no action or complaint should be prosecuted against the commissioners unless before that board; and committed several to prison, who had brought such actions at common law, till they should release the same: and one of the reasons for discharging Sir Edward Coke from his office of lord chief justice was for countenancing those legal proceedings. (v) The pretence for which arbitrary measures was no other than the tyrant's plea (w) of the necessity of unlimited powers in works of evident utility to the public, "the supreme reason above all reasons, which is the salvation of the king's lands and people." But now it is clearly held, that this (as well as all other inferior jurisdictions) is subject to the discretionary coercion of his majesty's court of king's bench.(x) III. The court of policies of insurance, when subsisting, is erected in pursuance of the statute 43 Eliz. c. 12, which recites the immemorial usage of policies of assurance, "by means whereof it cometh to pass, upon the loss or perishing of any ship, there followeth not the undoing of any man, but the loss lighteth rather easily upon many than heavy upon few, and rather upon them that adventure not than upon those that do adventure: whereby all merchants, especially those of the younger sort, are allured to venture more willingly and more freely and that heretofore such assurers had used to stand so justly and precisely upon their credits as few or no controversies had arisen thereupon; and if any had grown, the same had from time to time been ended and ordered by certain grave and discreet merchants appointed by the lord mayor of the city of London; as men by reason of their experience fittest to understand and speedily decide those causes:" but that of late years divers persons had withdrawn themselves from that course of arbitration, and had driven the assured to bring separate actions at law against each assurer: it therefore enables the lord chancellor yearly to grant a standing commission to the judge of the admiralty, the recorder of London, two doctors of the civil [*75 law, two common lawyers, and eight merchants; any three of which, one being a civilian or a barrister, are thereby and by the statute 13 & 14 Car. II. c. 23, empowered to determine in a summary way all causes concerning policies of assurance in London, with an appeal (by way of bill) to the court of chancery. But the jurisdiction being somewhat defective, as extending only to London, and to no other assurances but those on merchandise,(y) and to suits brought by the assured only, and not by the insurers, (2) no such commission has of late years issued: but insurance causes are now usually determined by the verdict of a jury of merchants, and the opinion of the judges in case of any legal doubts; whereby the decision is more speedy, satisfactory, and final: though it is to be wished that some of the parliamentary powers invested in these commissions, especially for the examination of witnesses, either beyond the seas or speedily going out of the kingdom, (a) could at present be adopted by the courts of Westminster hall, without requiring the consent of parties. IV. The court of the marshalsea, and the palace-court at Westminster, though two distinct courts, are frequently confounded together. The former was originally holden before the steward and marshal of the king's house, and was instituted to administer justice between the king's domestic servants, that they might not be drawn into other courts and thereby the king lose their service.(b) It was formerly held in, though not a part of, the aula regis, (c) and, when that was subdivided, remained a distinct jurisdiction: holding plea of all trespasses committed within the verge of the court, where only one of the parties is in the king's domestic service, (in which case the inquest shall be taken by a jury of the country,) and of all debts, contracts, and covenants where both of the contracting parties belong to the royal household; and then the inquest shall be composed of men of the house*hold only.(d) By the statute of 13 Ric. (*) Cro. Jac. 336. 7) Moor. 825, 826. See page 55. () Milt. Paradise Lost, iv. 393. () Styl. 166. (*) 1 Show. 396. (a) Stat. 13 & 14 Car. II. c. 22, 3, 4. (c) Flet. l. 2, c. 2. (d) Artic. sup. cart. 28 Edw. I. c. 3. 2. 10 Edw III. st. 2, c. 2. [*76 Stat. 5 Edw. III. c. |