matters been held before the earl marfhal 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 ufe, 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 jurifdiction to determine all maritime injuries, arifing upon the feas, or in parts out of the reach of the common law, are [ 69 ] 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 proceedingsare according to the method of the civil law, like thofe of the ecclefiaftical courts; upon which account it is ufually held at the fame place with the fuperior ecclefiaftical courts, at do tors' 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 ftatute 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 ftatute 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 veffels, 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 confifting 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 [70] 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, commiffioned 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 commiffion, on account of fuch addition, the fame was confirmed by statute 22 Geo. II. c. 3. with a provifo, that no sentence given under it should be valid, unless a majority of the commiffioners present were actually privy counsellors. But this did not, I apprehend, extend to any future commiffions : and such an addition became indeed totally unneceffary in the course 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 decifions conducted by a judge, whose masterly acquaintance with the law of nations was known and revered by every state in Europe. See the fentiments of the prefident Montesquieu, and M. Vattel, (a subject of the king of Pruffia,) on the answer tranfmitted by the English court to his Pruffian majefty's Expofition des motifs, &c. A. D. 1753. (Montesquieu's let• ters, 5 Mar. 1753. Vattel's droit de gens. 1. 2. 6. 7. §84.) CHAPTER THE SIXTH. OF COURTS OF A SPECIAL JURISDICTION. IN N the two preceding chapters we have confidered the feveral courts, whose jurisdiction is public and general; and which are so contrived that some or other of them may administer redress to every poffible injury that can arise in the kingdom at large. There yet remain certain others, whofe jurifdiction is private and special, confined to particular spots or inftituted only to redress particular injuries. These are I. THE foreft courts, inftituted for the government of the. king's forefts 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 fweinmote, and of justice-feat. The court of attach ments, woodmote, or forty days court, is to be held before the verderors of the foreft once in every forty days'; and is instituted to inquire into all offenders against vert and venifon: who may be attached by their bodies, if tåken 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 pursuit after the act is done; elfe, they must be attached by their goods. And in this forty days Cart. de foreft. 9 Hen. III. c. 2. Carth. 79. court court the forefters 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 fweinmote 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 maftiffs, which is done by cutting off the claws and ball (or [72] 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 others were permitted to be kept within the precincts of the foreft; it being supposed that the keeping of these, and these only, was neceffary for the defence of a man's houfef. 3. The court of faveinmote is to be holden before the verderors, as judges, by the steward of the sweinmote thrice in every year, the fweins or freeholders within the forest 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 forestari"orum, et aliorum miniftrorum foreftac; 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". And this court may not only inquire, but convict alfo, which conviction fhall be certified to the court of juftice-feat under the feals of the jury; for this court cannot proceed to judgment'. But the principal court is, 4. The court of juflice feat, which is held before the chief justice in eyre, or chief itinerant judge, capitalis juftitiarius in itinere, or his deputy; to hear and determine all trespasses within the foreft, and all claims of franchifes, liberties, and privileges, and all pleas and caufes whatsoever 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 justice 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 imprison 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 redrefs any mal-adminiftrations of juftice"; or the chief justice in eyre may adjourn any matter of law into the court of king's bench. These justices in eyre were inftituted by [73] king Henry II, A. D. 1184P; and their courts were formerly very regularly held: but the laft court of juftice-feat 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 fir William Jones. After the restoration another was held pro forma only, before the earl of Oxford; but fince the aera of the revolution in 1688, the foreft laws have fallen into total difufe, to the great advantage of the fubject (1). II. A SECOND fpecies of restricted courts is that of com. miflioners of fewers. This is a temporary tribunal erected by virtue of a commiffion under the great feal; which formerly ufed to be granted pro re nata at the pleasure of the crown', but now at the difcretion and nomination of the lord chancellor, lord treasurer, and chief juftices, pursuant to the (1) All the forefts, which were made after the conquefts, except New Foreft in Hampshire created by William the Conqueror, were difafforefted by the charta de forefta. The forest of Hampton court was established by the authority of parliament in the reign of Hen. VIII. The number of forefts in England is fixty-nine. 4 Inft 319. Charles I. enforced the odious foreft laws, as a fource of revenue independent of the parliament. VOL. III. G ftatute |