Felo de se, felony by mischance, deodand Cutting out of tongues, and putting out of eyes, made felony Two high constables for every hundred, and one petty con- The King's Bench first instituted, and in what matters they The court of Marshalsea erected, and its jurisdiction within Sheriff's Tourn instituted upon the division of England into Subdivision of the county courts into hundreds The charge of the county taken from the earls, and committed Hundred courts, to whom first granted Page . 379 . 379 380 380-1 Lord of the hundred to appoint two high constables The power of the justice of peace to fine the offenders to the crown, and not to recompense the party grieved Authority of the justices of the peace, through whom ran all the county services to the crown Beating, killing, burning of houses Attachments for surety of the peace Recognizances of the peace delivered by the justices at their sessions Quarter-sessions held by the justices of peace The authority of justices of the peace out of their sessions Judges of assize came in place of the ancient judges in eyre, about the time of R. II. . 381 381 382 382 . 382 .383 383 .383 . 383 384 385 England divided into six circuits, and two learned men in the laws assigned by the king's commission to ride twice a year through those shires allotted to that circuit, for the trial of private titles to lands and goods, and all treasons and felonies, which the county courts meddle not in. 384-5 The authority of the judges in eyre translated by Parliament to justices of assize The authority of the justices of assizes much lessened by the Court of Common Pleas, erected in Henry III. time 385 The justices of assize have at this day five commissions by which they sit, viz. 1. Oyer and Terminer. 2. Gaol Delivery. 3. To take assizes. 4. To take Nisi Prius. 5. Of the peace Book allowed to clergy for the scarcity of them to be disposed in religious houses The course the judges hold in their circuits in the execution of their commission concerning the taking of Nisi Prius 390–1 The justices of the peace and the sheriff are to attend the judges in their county 392 Of property of lands to be gained by entry Page . 392 Property of lands by descent Three rules of descent Customs of certain places Every heir having land is bound by the binding acts of his The reservations in knight's service tenure are four Knight's service in capite is a tenure de persona regis The institution of socage in capite, and that it is now turned . 393 . 394 395 . 396 How manors were at first created Knight's service tenure reserved to common persons Soccage tenure reserved by the lord. Villenage or tenure by copy of court roll . 403 403-4 . 404 He that standeth mute forfeiteth no lands, except for treason He that killeth himself forfeiteth but his chattels 406 . 406 Flying for felony a forfeiture of goods Lands entailed escheat to the king for treason . 406 . 407 A person attainted may purchase, but it shall be to the king's Property of lands by conveyance is first distributed into Of the new device, called a perpetuity, which is an entail The inconveniences of these perpetuities The last and greatest estate in land is fee simple The difference between a remainder and a reversion by executorship by letters of administration Where the intestate had bona notabilia in divers diocesses, then the archbishop of that province where he died is to commit administration An executor may refuse the executorship before the bishop, Debts due in equal degree of record, the executor may pay which of them he please before suit be commenced . 428 . 429 429 430 430 430 But it is otherwise with administrators 430-1 Property by legacy 431 Legacies are to be paid before debts by shop books, bills unsealed, or contracts by word 432 An executor may pay which legacy he will first. Or if the executors do want, they may sell any legacy to pay debts 432 When a will is made, and no executor named, administration is to be committed cum testamento annexo € 432 THE USE OF THE LAW. THE use of the law consisteth principally in these two things: the one, to secure men's persons from death and violence: the other, to dispose the property of their goods and lands.1 For safety of persons, the law provideth that any man standing in fear of another may take his oath before a justice of peace, that he standeth in fear of his life; and the justice shall compel the other to be bound with sureties to keep the peace. If any man beat, wound, or maim another, [or give out false words that may touch his name,] the law giveth [an2 action of the case, for the slander of his name; and] an action of battery, and an appeal of maim, by which recompense shall be recovered to the value of the hurt and damage. If any man kill another with malice, the law giveth an appeal to the wife of the dead, if he had any, or to the next of kin that is heir in default of a wife; by 1 The printed edition has "three things," the "third" being "for preservation of their good names from shame and infamy." 2 The parts in brackets are omitted in Sloane MS.; and the form of the sentence, in which the damages seem grammatically attributable only to the action of battery, &c., inclines me to think that these are additions. |