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463

• 463

464

Manslaughter, and when a forfeiture of goods, and when not 463-4
Felo de se, felony by mischance, deodand
Cutting out of tongues, and putting out of eyes, made felony - 464
The office of the constable

464

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Two high constables for every hundred, and one petty constable
for every village
The King's Bench first instituted, and in what matters they
anciently had jurisdiction -

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465

465

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466

The court of Marshalsea erected, and its jurisdiction within
twelve miles of the chief tunnel of the king, which is the
full extent of the verge
Sheriff's Tourn instituted upon the division of England into
counties: the charge of this court was committed to the
earl of the same county

Subdivision of the county courts into hundreds

The charge of the county taken from the earls, and committed yearly to such persons as it pleased the king

The sheriff is judge of all hundred courts not given away from

the crown

County courts kept monthly by the sheriff
The office of the sheriff

Hundred courts, to whom first granted

Lord of the hundred to appoint two high constables
What matters they inquire of in leets and law-days
Conservators of the peace, and what their office was
Conservators of the peace by virtue of their office

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Justices of peace ordained in lieu of conservators; of placing and displacing of justices of peace by use delegated from the king to the chancellor

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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

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469

469

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Recognizances of the peace delivered by the justices at their sessions

Quarter-sessions held by the justices of peace

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469

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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.

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- 470

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
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
The justices of assize have at this day five commissions by
which they sit, viz. 1. Oyer and Terminer. 2. Gaol De-
livery. 3. To take assizes. 4. To take Nisi Prius. 5. Of

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the peace Book allowed to clergy for the scarcity of them to be disposed in religious houses

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471

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- 473

The course the judges hold in their circuits in the execution of their commission concerning the taking of Nisi Prius 475 The justices of the peace and the sheriff are to attend the judges in their county

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Every heir having land is bound by the binding acts of his

ancestors, if he be named

Property of lands by escheat

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In escheat two things are to be observed

Concerning the tenure of lands

The reservations in knight's service tenure are four

Homage and fealty

Knight's service in capite is a tenure de persona regis

Grand serjeantry, petty serjeantry

The institution of socage in capite, and that it is now turned

into money rents

Ancient demesne, what

Office of alienation

How manors were at first created

Knight's service tenure reserved to common persons

Soccage tenure reserved by the lord

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481

482

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Villenage or tenure by copy of court roll

Court baron, with the use of it

What attainders shall give the escheat to the lord
Prayer of clergy

He that standeth mute forfeiteth no lands, except for treason

He that killeth himself forfeiteth but his chattels

Flying for felony a forfeiture of goods

Lands entailed escheat to the king for treason

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A person attainted may purchase, but it shall be to the king's use 487 Property of lands by conveyance is first distributed into estates,

for years, for life, in tail, and fee simple

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488

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Leases for years go to the executors, and not to the heirs
Leases, by what means they are forfeitable
What livery of seisin is, and how it is requisite to every estate

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for life Of the new device, called a perpetuity, which is an entail with an addition

The inconveniences of these perpetuities

The last and greatest estate in land is fee simple

The difference between a remainder and a reversion

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by stealing

- 500

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Where the intestate had bona notabilia in divers diocesses, then the archbishop of that province where he died is to commit administration

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502

502-3

An executor may refuse the executorship before the bishop, if
he have not intermeddled with the goods -
An executor ought to pay, 1. Judgments. 2. Stat. Recog.
3. Debts by bonds and bills sealed. 4. Rent unpaid.
5. Servants' Wages. 6. Head workmen. 7. Shop book,
and contracts by word
Debts due in equal degree of record, the executor may pay
which of them he please before suit be commenced

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But it is otherwise with administrators

Property by legacy

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503

503 - 503

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Legacies are to be paid before debts by shop books, bills unsealed, or contracts by word

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504

· 504

An executor may pay which legacy he will first. Or if the executors do want, they may sell any legacy to pay debts - 504 When a will is made, and no executor named, administration is to be committed cum testamento annexo

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504

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