THE USE OF THE LAW. 215 



every county, of the time of their coming, and place of 

 their sitting, to the end the people might attend them in 

 every county of that circuit. 



They were to stay three or four days in every county, 

 and in that time all the causes of that county were brought 

 before them by the parties grieved, and all the prisoners of 

 the said gaol in every shire, and whatsoever controversies 

 arising concerning life, lands, or goods. 



The authority of these judges in eyre is in part trans- The authority 

 lated bv act of parliament to justices of assize, which be trai }siated by 



, J . -, f* 11 i ,i parliament to 



now the judges or circuits, and they do use the same course j us tic e s of as- 

 that justices in eyre did, to proclaim their coming every size. 

 half year, and the place of their sitting. 



The business of the justices in eyre, and of the justices The authority 

 of assize at this day is much lessened, for that, in Henry the 

 Third s time, there was erected the Court of Common Pleas 

 at Westminster, in which court have been ever since, and court of Com- 

 yet are begun and handled the great suits of lands, debts, mon P1&amp;lt; r as 

 benefices, and contracts, fines for assurance of lands and time? 

 recoveries, which were wont to be either in the King s Bench, 

 or else before the justices in eyre. But the statute of 

 Mag. Char. cap. 11. 5. is negative against it, viz. Com- 

 munia placita non sequantur curiam nostram t sed teneantur The justices of 

 in aliquo loco Certo ; which locus Certus must be the Com- a * siz &amp;lt;r have at 

 mon pleas; yet the judges of circuits have now five com- commissions by 

 missions by which they sit. which they sit. 



The first is a commission of oyer and terminer, directed i.Oyer&term. 

 unto them, and many others of the best account, in their 2 - Gaol deli- 

 circuits; but in this commission the judges of assize are J2i. 4?rJ 

 of the quorum, so as without them there can be no pro- take Nisi Prius. 



ceeding. 5. Of the peace. 



This commission giveth them power to deal with trea- Oyer and ter- 

 sons, murders, and all manner of felonies and misdemeanors ^f, in which 

 whatsoever ; arid this is the largest commission that they of 6 the quorum 



have. and this is the 



The second is a commission of gaol delivery ; that is, largest commis- 

 only to the judges themselves, and the clerk of the assize S1&amp;lt; 

 associate : and by this commission they are to deal with 

 every prisoner in the gaol, for what offence soever he be 

 there ; and to proceed with him according to the laws of 

 the realm, and the quality of his offence : and they cannot, Gaol delivery 

 by this commission, do any thing concerning any man but dll ;ected only 

 those that are prisoners in the gaol. The course now in JelKsfand t&quot; 

 use of execution of this commission of gaol delivery is this, clerk of the as- 

 There is no prisoner but is committed by some justice of size - 



