The Domestic Acquirements of the Landed Interest. 363 



also to take cognisance of all assizes of novel disseisin they 

 were also called Justices of Assize ; and further, having to try 

 all issues between party and party in any of the king's three 

 courts, by Recognitors of the same peerage, they obtained from 

 the writs directed to the sheriffs for these trials, on which were 

 written the words, " Nisi Prius," the further appellation of 

 Justices of Nisi Prius. ^ 



The Justices of the Peace were altogether a different divi- 

 sion of the State magistracy. Though probably in existence 

 from the time of the Conquest, or at any rate from that of 

 Edward I., they were still increasing in importance. As the 

 Courts Leet died out, the number of justices increased in each 

 county from three or four in Edward III.'s reign to six and 

 eight in Angevin years, tlireescore in Spelman's time, and 

 without limitation now-a-days.^ About the beginning of the 

 Tudor period their powers were largely augmented and ex- 

 tended to a restricted administration of the laws for poor 

 relief, the passing and punishing of vagrants, the repairs 

 of highways, and the business of parochial taxation. The 

 qualification for the office necessitated the selection of a 

 landed gentleman by the king himself, though it was and is 

 always relegated to the king's representative in each county. 



But during the time with which we are at present dealing 

 the Court Leet was still an important factor in local govern- 

 ment. Unlike the Court Baron it was a royal institution, and 

 the steward who presided was as much the vicegerent of the 

 Crown, in which the administration of all justice is vested, 

 as was the Judge of Assize. It was the judicial court of the 

 Leet or Hundred, and unless there existed the district of the 

 Leet or Hundred no court of the kind was possible. On the 

 other hand, the Court Baron was the judicial assembly of 

 the manor, whose president, the steward, was but the vice- 

 gerent of the lord. There could be no Court Baron without 

 a manor, and no manor bat by prescription.^ Neither kind 



^ Camden, Coimties, ed. 1701. The Law Courts of England. 

 - Jacobs, Law Dictionary, sub voc. Justice of the Peace. 

 ^ For this description of Courts Leet and Baron the reader is referred 

 to Kitchen, Court Leet, 1663. 



