COURT. 



30 5 



Court. COURT, (Curia,) commonly signifies the king's 



■~~y~— / palace, or mansion. But as the king is constitutionally 

 considered as the fountain of justice, and it is extreme- 

 ly probable, if not certain, that, in very early times, our 

 kings often heard and determined causes between party 

 and party in person ; the term court came to be applied 

 more generally to those places where justice is judicially 

 administered. These judicial establishments must, of 

 course, be various, in regard to their nature and forms 

 of proceeding, according to the different constitutions 

 of government under which they exist. In this article 

 we propose merely to give a short account of the sever- 

 al courts of law in England and Scotland, together with 

 9uch historical remarks as appear necessary to elucidate 

 the origin and nature of their jurisdiction. 



By the ancient constitution of England, as regulated 

 and established by Alfred, the courts of judicature were 

 as numerous as the manors or townships in the king- 

 dom ; in order that injuries of every sort might be re- 

 dressed in an easy and expeditious manner, by the suf- 

 frage of neighbours and friends. These small courts, 

 however, communicated with others of more extensive 

 jurisdiction ; and these latter with others of still greater 

 power ; ascending gradually from the lowest to the su- 

 preme courts ; which were respectively constituted to 

 correct the errors of the inferior ones ; and to deter- 

 mine such causes as, by reason of their importance and 

 difficulty, appear to demand a more solemn discussion. 

 These inferior courts, at least their names and forms, 

 still continue in the legal constitution of England ; but 

 as the superior courts of record have in practice acqui- 

 red a concurrent original jurisdiction with them, and as 

 there is, besides, a power of removing actions thither 

 from the inferior jurisdictions, these petty tribunals 

 have gradually fallen into decay, and now almost into 

 oblivion. 



Before we proceed to consider the different species of 

 Courts, it may be proper to notice a distinction which 

 runs through them all; viz. that some are courts of re- 

 cord, and others not of record. A court of record is one 

 in which the acts and judicial proceedings are enrolled 

 in parchment, for a perpetual memorial and testimony ; 

 which rolls are called the records of the court, and are 

 of such high and supereminent authority, that their 

 truth cannot be called in question, nor can any plea, or 

 even proof, be admitted to the contrary. All courts of 

 record are the king's courts ; and no other court has 

 authority to fine or imprison ; so that the very erec- 

 tion of a new jurisdiction, with the power of fine and 

 imprisonment, instantly constitutes a court of record. 

 A court not of record, on the other hand, is the court of 

 a private individual, whom the law does not entrust 

 with any power over the fortune or liberty of his fel- 

 low subjects. Such are the courts-baron, and others 

 to be afterwards mentioned, where the proceedings are 

 not enrolled or recorded ; but their existence, as well as 

 the truth of the matters therein contained, may, if dis- 

 puted, be tried and determined by a jury. These 

 courts are not competent to matters cognizable by the 

 common law, unless under the value of 40s. nor to any 

 forcible injury, as they have no process to arrest the 

 person of the defendant. 



We shall now proceed to enumerate the several courts 

 of civil, ecclesiastical, military, and criminal jurisdic- 

 tion. In treating of the civil courts, we shall adopt the 

 order observed by Blackstone; beginning with the 

 lowest, and ascending to those of most extensive power 

 and ultimate resort. 



I. The lowest and most expeditious court of justice 

 VOL. vir. PAST I. 



Court ol 

 Piqioudi f • 



in England is the Court of Piepowders, or Piepoudre, 

 (Curia pedis pidvfrisali,) supposed to be so called from 

 the dusty feet of the suitors ; or, according to Sir 

 Edward Coke, because justice is there done as speedily 

 as dust can fall from the foot. But a more ingenious 

 and satisfactory derivation of the term has been given, 

 from pied puldreaux, a pedlar, in old French ; and there- 

 fore signifying the court of such petty chapmen as 

 usually resort to fairs and markets. It is a court of re- 

 cord, instituted for the purpose of administering justice 

 for all injuries done in that fair or market where it is 

 held. The judge is the steward of him who owns or 

 has the toll of the market. This court has the cogni- 

 zance of all matters that can possibly arise within the 

 precincts of that fair or market ; the plaintiff must make 

 oath that the cause of action arose there ; and the in- 

 jury must be done, complained of, heard and determin- 

 ed, within the compass of one and the same day. From 

 this court there lies a writ of error, in the nature of an 

 appeal, to the courts at Westminster. 



2. The Court-baron is a court incident to every ma- Court- 

 nor, and is held by the steward. Its nature is twofold, baron. 

 The one is a customary court, appertaining entirely to 



the copyholders, in which those matters are transacted 

 which concern their tenures only: (See Copyhold.) 

 The other is a court of common law ; the court of the 

 barons or freeholders, in which the steward is rather 

 the registrar than the judge. Its most important busi- 

 ness is to determine, by writ of right, all controversies? 

 concerning the right of lands within the manor. It has- 

 also jurisdiction in personal actions, of debt, trespass, 

 and the like, where the debt or damages do not amount 

 to 40s. The proceedings on a writ of right may be re- 

 moved into the county court by a precept from the 

 sheriff, called a toll, quia tollil alque eximit causam e curia 

 baronum ; and the proceedings in all other actions may 

 be removed into superior courts by the king's writs of 

 pone, or accedas ad curiam. After judgment, a writ of- 

 Jcdse judgment lies to the courts at Westminster ; this 

 not being a court of record. 



3. The Hundred-court is only a larger court-baron, Hundred 

 and resembles it. in all other respects. It seems to have court. 

 been derived by Alfred from the institutions of the 

 ancient Germans ; mention being made of this kind of 

 jurisdiction, as existing among that people, by Cresar 



and Tacitus. 



4. The County Court is a court incident to the juris- County 

 diction of the sheriff. It is not a court of record, but Court, 

 may hold pleas of debt or damages under the value of 



40s. The county court may also hold plea of many real 

 actions, and of all personal actions to any amount, by 

 virtue of a special writ called ajusticies. In this court, 

 the freeholders of the county are the real judges, and the 

 sheriff the ministerial officer. 



These are the several common law courts of particu- 

 lar and local jurisdicticn. Those of a more general na- 

 ture, whose jurisdiction extends over the whole king- 

 dom, are 1. The court of Common Pleas, or Common 

 Bench, (see Common Pleas) ; 2. The court of Ki?ig's 

 Bench, (see King's Bench) ; 3. The court of Exche* 

 quer, and, 4. Of Exchequer Chamber, (see Exchequer); 

 5. The high court of Chancery, (see Chancery) ; 6". 

 The courts of Assize and Nisi Prius, (see Assize) ; and 

 7. The House of Peers, which is the supreme court of 

 judicature in the united kingdoms, having no original 

 jurisdiction over causes, but only on appeals and writs 

 of error, to rectify any injustice committed by the courts 

 below. 



Besides these courts of common law, there are others 

 2q 



