COUR T. 



307 



"Court. Chancellors court, in the un i vcrsltfcs of Oxford and Cam- 

 """""V-""'' bridge, which enjoy an exclusive jurisdiction in all civil 

 suits, where a scholar or privileged person is one of the 

 parties. The process in this court is much conformed 

 to the civil law. These privileges were contained in 

 their several charters, and confirmed by the statute IS 

 Eliz. c. 29. The jurisdiction is exercised at Oxford in 

 the chancellor's court, by the vice-chancellor, his deputy, 

 or assessor ; from whom an appeal lies to delegates ap- 

 pointed by the congregation ; from thence to other de- 

 legates of the house of convocation ; and if all the three 

 concur in the same sentence, it is final by the statutes 

 of the university, according to the rule of the civil law. 

 But if there be aiiy discordance, an appeal lies, in the 

 last i-esort, to delegates appointed by the crown under 

 the great seal in chancery. 

 Courts of The courts of criminal jurisdiction in England are, 

 criminal 1. The high court of Parliament; which proceeds in 

 jurisdiction the trial of great and enormous offenders, whether lords 

 in £ng- or commonerS) U y the me thod of impeachment. 2. 

 The court of the Lord High Steward of Great Britain; 

 winch is a court instituted for the trial of peers indict- 

 ed for treason or felony, or for misprision of either : 

 (Se'elMPEACHMENT, PARLIAMENT, Peers, House of, and 

 Steward, High.) 3. The court of King's Bench; which 

 is the principal court of criminal jurisdiction in Eng- 

 land: (See King's Bench.) 4. The court of Chivalry; 

 whose criminal as well as civil jurisdiction is fallen in- 

 to entire disuse. 5. The high court of Admiralty : (See 

 Admiralty, Court of.) 6. The court of Oyer and Ter- 

 miner, and general Gaol Delivery ; which is held be- 

 fore the king's commissioners, among whom are usual- 

 ly two judges of the courts at Westminster, twice in 

 every year, in every county of the kingdom ; except 

 the four northern counties, where it is held only once ; 

 and London and Middlesex, where it is held eight 

 times: (See Assize and Circuit.) 7. The court of ge- 

 neral Quarter Sessions of the peace, which is held be- 

 fore two or more justices of the peace, of whom one must 

 be of the quorum, once in every quarter of a year, for 

 the purpose of trying small felonies and trespasses :. 

 (See Justice of the Peace.) 8. The Sheriff's Tourn is 

 a court of record, held twice every year before the she- 

 riff, in different parts of the county. Out of it arose, 

 9- The Court-lcet, or View of Frank-pledge ; which is 

 also a court of record, held once a year within a parti- 

 cular hundred, lordship, or manor, before the steward 

 of the leet. Its jurisdiction extends to the preserva- 

 tion of the peace, and the punishment of sundry mi- 

 nute offences against the public good. This court, 

 however, has grown into disrepute ; and its business 

 has, for the most part, gradually devolved upon the 

 Quarter Sessions. 10. The court of the Coroner: (See 

 Coroner.) 11. The court of the Clerk of the Market is 

 a court incident to every fair aud market, to punish 

 misdemeanors committed there, as the court of Pie- 

 poudre determines disputes relative to private proper- 

 ty. The principal object of the jurisdiction of this 

 court is to take cognizance of weights and measures. 



There are some other private or special courts of 

 more partial jurisdiction in criminal matters ; such as, 

 1. The court of the Lord Steward, Treasurer, or Comp- 

 troller of the King's Household, which takes cognizance 

 of felony, by any of the king's servants under the de- 

 gree of a lord, in confederating, compassing, conspi- 

 ring, and imagining the death of the king, or any of 

 the privy-council, &c. The proceedings in this court 

 are according to the course of the common law. 2. 

 The court of the Lord Steward of the King's House- 



hold, erected by the statute S3d Henry VIII. c. 12. Court, 

 to hear and determine all treasons, misprisions of trea- "-""V"" 

 son, murders, man-slaughters, bloodshed, &c. commit- 

 ted in any of the palaces or houses of the king, or in 

 any house where he may happen to reside. One part 

 of the punishment for shedding blood in the king's 

 court is to cut off the hand of the offender ; a ceremony 

 which is minutely prescribed by the statute above men- 

 tioned. 3. The courts of the universities have juris- 

 diction in criminal offences under the degree of treason, 

 felony, or mayhem. The trial of these crimes is com- 

 mitted, by a particular charter, to the court of the 

 Lord High Steward of the University, 



Since the abolition of the ancient heritable jurkdic- Courts o£ 

 tions, the principal courts of law in Scotland are, 1. law in 

 The Court of the Baron, whose jurisdiction was former- Scotland. 

 ly pretty extensive, but is now, by the statute 20th 

 Geo. II. c. 43. limited to the right of recovering from 

 his vassals and tenants the feu-duties and rents of the 

 land, and compelling them to perform the services tv 

 which they are bound, and to the right of determining 

 civil questions, not exceeding the value of 40s. His 

 criminal jurisdiction is confined to assaults, batteries, 

 and smaller offences ; but this jurisdiction is subject to 

 such restrictions, that it is. never exercised by the ba- 

 ron. 2. The Borough Courts. Bailies of boroughs 

 take. cognizance of matters of debt, services, and ques- 

 tions of possession between the inhabitants ; and then- 

 criminal jurisdiction extends to petty riots, and to 

 reckless (not intended) fire-raising. The court of the 

 Dean of Guild has the cognizance of mercantile causes 

 within boroughs, and the inspection of buildings, &c. 

 3. The courts of the Justices of the Peace. 4. The 

 court of the Sheriff, or his Substitute : (See Sheriff.) 

 5. The Consistorial or Commissary Court, which came 

 in place of the Bishop's Court, and has an exclusive 

 jurisdiction in ecclesiastical causes. 6. The court of 

 the High Admiral, whose civil jurisdiction extends to 

 all maritime causes; and in criminal cases, to all 

 crimes committed upon the seas, on fresh water with- 

 in flood-mark, and in all harbours or creeks: (See 

 Admiralty Court.) 7- The Court of Exchequer, 

 which takes cognizance of all matters concerning the 

 revenue: (See Exchequer.) 8. The Court of Just icia- 

 ry, which is the supreme court of criminal jurisdiction 

 in Scotland. It received its present form by the act 

 1672, c. l6". and consists of five of the lords of session, 

 joined to the justice-general and justice-clerk, of whom 

 the justice general, and in his absence the justice-clerk, 

 is president. The jurisdiction of the Court of Justiciary 

 extends to all crimes committed throughout the king- 

 dom. By the statute 20th Geo. II. c. 43, the lords of 

 justiciary are directed to hold circuit courts regularly 

 twice a year, in spring and in autumn ; and, by the 

 23d Geo. III. c. 45, they are to continue in each town 

 in the circuit at least three days, and in no case to 

 leave any trial that has been commenced undecided : 

 (See Circuit and Appeal.) 9- The Court of Session is 

 the supreme court of civil jurisdiction in Scotland. It 

 was instituted in the reign of King James V. in place 

 of the daily council, and in imitation, it is said, of the 

 parliament of Paris. The judges originally consisted 

 of seven churchmen, and seven laymen, besides the 

 president; and from the act 1579, c. 93, it appears that 

 the president must have been chosen from among the 

 churchmen. But by 1640, c. 26, churchmen were ex- 

 cluded from admission to the bench, and the distinc- 

 tion of spiritual and temporal judges was suppressed. 

 Besides the fifteen ordinary judges, the king was m 



