ENGLAND. 181 



Courts of law and laws.. ..The court of chancery, which is the 

 court of equity, is next in dignity to the high court of parliament, 

 and is designed to relieve the subject against frauds, breaches of trust, 

 and other oppressions, and to mitigate the rigour of the law. This 

 court is always open. 



The king's bench. ...So called either from the kings of England 

 sometimes sitting there in person, or because all matters determina- 

 ble by common law between the king and his subjects are here tried, 

 except such affairs as properly belong to the court of exchequer. 

 This courtis, likewise, a kind of check upon all the inferior courts, 

 their judges, and justices of the peace. Here preside four judges, 

 the first of whom is styled lord chief justice of England. 



The court of common pleas takes cognisance of all pleas debatable, 

 and civil actions depending between subject and subject ; and in it, 

 besides all real actions, fines and recoveries are transacted, and pro- 

 hibitions are likewise issued out of it, as well as from the king's 

 bench. The first judge of this court is styled lord chief justice of the 

 common pleas, or common bench : beside whom there are likewise 

 three other judges or justices of this court. None but Serjeants at 

 law are allowed to plead here. 



The court of exchequer was instituted for managing the revenues 

 of the crown, and has a power of judging both according to law and 

 according to equity. In the proceedings according to law, the lord 

 chief baron of the exchequer, arid three other barons, preside as 

 judges. But when this court proceeds according to equity, then 

 the lord treasurer and the chancellor of the exchequer preside, as- 

 sisted by the other barons. 



For putting the laws effectually in execution, a high sheriff is an- 

 nually appointed for every county (except Westmoreland and Middle- 

 sex) by the king ;* whose office is both ministerial and judicial. He 

 is to execute the king's mandate, and all writs directed to him out of 

 the king's courts of justice ; to impannel juries ; to bring causes and 

 malefactors to trial ; to see sentence, both in civil and criminal af- 

 fairs, executed ; and at the assize to attend the judges, and guard 

 them all the time they are in his county. He is likewise to decide 

 the elections of knights of the shire, of coroners and verderers : to 

 judge of the qualifications of voters, and to return such as he shall 

 determine to be duly elected. It is also part of his office to collect all 

 public fines, distresses, amerciaments, into the exchequer, or where 

 the king shall appoint, and to make such payments out of them as his 

 majesty shall think proper. 



As his office is judicial, he keeps a court called the county court, 

 which is held by the sheriff, or his under-sheriffs, to hear and deter- 

 mine all civil causes in the county, under forty shillings. 



Under the sheriff are various officers, as the under-sheriffs, clerks, 

 Stewards of courts, bailiffs (in London called Serjeants) constables, 

 jailers, beadles, &c. 



The next officer to the sheriff is the justice of fieace, several of 

 whom are commissioned for each county : and to them is intrusted 

 the power of putting great part of the statute law in execution, in 



* Sheriff's were formerly chosen by the inhabitants of the several counties. In 

 some counties the sheriff's were, formerly hereditary, and still continue in the coun- 

 ty of "Westmoreland. The city of London hath also the inheritance of the shrie- 

 valty of Middlesex vested in their body by charter. 



