214 THE USE OF THE LAW. 



if it be concerning riot or misbehaviour, or some other small 

 offence. And he also then bindeth to appear those that 

 give testimony and prosecute the accusation, all the accu 

 sers and witnesses, and so setteth the party at large. And 

 The authority at the assizes or sessions (as the case falleth out) he certi- 

 of justices of fi e th the recognizances taken of the accused, accusers, and 

 their sessions. witnesses, who being there are called, and appearing, the 

 cause of the accused is debated according to law for his 

 clearing or condemning. 



But if the party accused seem upon pregnant matter in 

 the accusation, and to the justice to be guilty, and the 

 offence heinous, or the offender taken with the manner, 

 then the justice is to commit the party by his warrant called 

 a mittimus to the gaoler of the common gaol of the county, 

 there to remain until the assizes. And then the justice is 

 to certify his accusation, examination, and recognizance 

 taken for the appearances and prosecution of the witnesses, 

 so as the judges may, when they come, readily proceed 

 with him as the law requireth. 



Judges of assize The judges of the assizes, as they be now become into 

 of diVanc^nt ^ le P^ ace ^ t ^ le anc i ent justices in eyre, called justiciari* 

 judgeslneyn itinerantes, which, in the prime kings after the conquest, 

 about the time until Henry the Third s time especially, and after, in lesser 

 ot a. 2. measure, even to Richard the Second s time, did execute 



the justice of the realm ; they began in this sort. 



The king, not able to dispatch business in his own per 

 son, erected the Court of King s Bench ;* that not able to 

 receive all, nor meet to draw the people all to one place, 

 The authority of there were ordained counties and the sheriff s tourns, hun- 

 tourns, leets, j^ courts an( j particular leets, and law-days, as before 



hundreds, and ,. 11-111 i -/i &quot;Li. c \~ 



law-days, as it mentioned, which dealt only with crown matters tor the 

 was confirmed public ; but not the private titles of lands or goods, nor the 

 to some special tr j a j Q f grand offences, of treasons, and felonies, but all the 



causes touch- . *-&amp;gt; , , ,. . , , . , _, A J 



ing the public counties of the realm were divided into six circuits. And 

 good. two learned men well read in the laws of the realm were 



assigned by the king s commission to every circuit, and to 

 ride twice a year through those shires allotted to that cir 

 cuit, making proclamation beforehand, a convenient time in 



* 1. King s Bench. 2. Marshal s Court. 3. County Court. 4. Sheriff s 

 Tourns. 5. Hundred Leets and Law-days. All which dealt only in crown 

 matters ; but the Justice in eyre dealt in private titles of lands or goods, and in 

 all treasons and felonies, of whom there were twelve in number, the whole realm 

 being divided into six circuits. 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 their trial of private titles to lands and 

 goods, and all treasons and felonies, which the county courts meddle not in. 



