£00 C O U li T s 
F/ ta, lib. 2. c. Crz. Bat the power of this court was 
much reduced by magna charta, c. 17. and i y 1 Edw. IV. 
c. 2. by the former of which it is exprefsly provided, 
that “no fh e r iff Inal 1 hold pleas of the crown.” It had 
* formerly, and now hath, the determination of certain 
debts, &c. under forty (hillings. Over Come of which 
caufes the inferior courts have, by the exprefs words of 
the datute of Gloucefter, 6 Edw. I. c. 8. a jurifdiftion 
totally exclufive of the king’s fuperior courts. This 
court may alfo hold plea of many real aftions, fuch as 
dower, right-patent, right of ward. 4.I11JI.266. -And of 
all perfonal aftions to any amount, by virtue of a writ of 
juflicics , which is in nature of acommiflion to the fheriff 
to do it. Here the plaintiff takes out a fummons, and if 
the defendant do not appear, an attachment or didringas 
is to be made out againtf him; but if the defendant ap¬ 
pears, the plaintiff is to file his declaration, and after 
the defendant is to put in his anfwer or plea; and the 
plaintiff having joined iffue, the trial proceeds ; where¬ 
upon if verdidt is given for the plaintiff, judgment is 
entered, and a fieri facias may be awarded againd the 
defendant’s goods, which may be taken by virtue thereof, 
and be appraifed and fold to fatisfy the plaintiff: but if 
the defendant hath no goods, the plaintiff is without re¬ 
medy in this court; for no capias lies therein, but an 
aftion may be brought at common law, upon the judg¬ 
ment entered. Finch, 318. F.N.B. 152. 
No Iheriff is to enter in-the county-court, any plaint in 
the abfence of the plaintiff; nor above one plaint for one 
caufe, under penalties: the defendant in the county-court 
is to have lawful fummons; and two jufiices of peace are 
to view the efrreats of (Iteriffs, before they iffue them out 
of the county-court. By 11 lien. VII. c. 15. caufes are 
to be removed out of the county-court, by recordare, 
pone, and writ of fulfe judgment, into the king’s-bench. 
The (latutes 9 Hen. III. c. 35. 2 Edw. VI. c. 23. enaft, 
that no county-court fhall be.adjourned for longer than 
one month, confiding of twenty-eight days. All popular 
eleftions which the freeholders' of counties are to make, 
as formerly of fnerilfs and confervators of the peace, and 
dill of coroners, verderors, and knights of the (hire, mud 
ever be made in full county-court. As this court hath 
of ancient times belonged to the fheriff', and is incident 
to his office, the king cannot grant by letters patent the 
office of county-clerk nor the fees ; but it of right belongs 
to the fherift’. 4 Co. Mitton’s cafe. 
Blackdone obferves, on the late ereftion of numerous 
court| of confcience, that it is to be wiflied that the 
proceedings in the county and hundred courts could be 
again revived and improved ; an experiment that has been 
tried and fucceeded in Middlefex. For by 23 Geo. II. 
c. 33. it is enafted, 1. That a fpecial county-court (hall 
be held, at lead once a month, in every hundred of the 
county of Middlefex, by the county-clerk. 2.That twelve 
freeholders of that hundred, qualified to ferve on juries, 
and druck by the iherifl', fiiall be fummoned to appear 
at fuch court by rotation; fo as none (hall be fummoned 
oftener than once a-year. 3. That in all caufes not 
exceeding the value of forty fliillings, the county-clerk 
and twelve fuitors (hall proceed in a luminary way, exa¬ 
mining the parties and witnelfes, on oath, without the 
formal procefs anciently ufed ; and fiiall make fuch order 
therein as they fiiall judge to be agreeable to confcience. 
4. That no plaints (hall be removed out of this court, 
by any procefs whatfoever, but the determination herein 
fiiall be final. x 3. That if any aftion be brought in any 
of the fuperior courts, againd a perfon refident in Mid¬ 
dlefex, where the jury (hall find lefs than forty (hillings 
damages, the plaintifi' fiiall not recover, but pay, cods. 
6. A table of very moderate fees is preferibed and (et 
down in the aft, Which are not to be exceeded. It feems 
indeed, as'the learned commentator remarks, that this 
plan wants only to be generally known, to fecure its 
univerfal reception ; particularly as it. might cure the 
arduous and vexatious* proceedings in the courts of con- 
OF LA W. 
faience, whicli arife from the enormous cods of aftions 
therein, fo as quickly to double, treble, or quadruple, 
the debt. 
COURTS ECCLESIASTICAL, 
The ecclefiadical courts are fometimes called Courts 
Chri/lian; or Spiritual; and confid of thofe courts which 
are held by the king’s authority as fupreme governor of 
the church, for matters which chiefly concern religion. 
\lnjl. 321. The laws and conditutions whereby the 
church ot England is governed, are, 1. Divers immemo¬ 
rial cudoms. 2. Our own provincial conditutions; and 
the canons made in convocations, especially thofe in the 
year 1603. 3. Statutes orufts of parliament concerning 
the affairs of religion, or caufes of ecclefiadical cogni¬ 
zance ; particularly the rubricks in our Common Piayer- 
book, founded upon the datutes of uniformity. .4. The 
articles of religion, drawn up in 1562, Articuli Cleri, 9 
Edw. II. andedablifiied by 33 Eliz. c. 12. And it is (aid, 
by the general canon law, where all others fail. 
Suits in fpiritual or ecclefiadical courts, are for the 
reformation of manners, or for punifhing hereby, defama¬ 
tion, laying violent hands on a clerk, and the like 3•and 
fomc of their (hits are to recover fomething demanded, 
as tithes, a legacy, contraft of marriage, &c. And in 
caufes of this nature.the courts may give cods, but not 
damages; things that properly belong to thefe iurifdic- 
tions are matrimonial and tedamentary ; and fuch defama¬ 
tory words, for which no aftion lies at law ; as for calling 
one adulterer, fornicator, ufurer, or the like, n Rep. 34. 
Dyer, 240. 
The proceedings in the ecclefiadical courts are accord¬ 
ing to the civil and canon law*, by citation, libel, anfwer 
upon o'ath, proof by witneffes, and prefumptions, &c. 
and after fentence, for contempt, by excommunication ; 
and if the fentence is dilliked, by appeal. The jurifdic- 
tion of thefe courts is voluntary, or contentious ; the vo¬ 
luntary is merely concerned in doing what no one oppofes, 
as granting difpenfations, licences, faculties, &c. The 
punifhments inflifted are cenfures, puniffimentspro falute 
animai, by way of penance, &c. They are not courts of 
record. 
Much opprefiion having been exercifed through the 
channel of thefe courts, on perfons charged with trifling 
offences within their fpiritual jurifdiftlon, the datute 27 
Geo. III. c. 44. limits the time of commencing fuits for 
defamatory words to fix months ; and for incontinence 
and beating in the church-yard to eight months. See 
titles Limitations, Fornication. In briefly recount¬ 
ing the various fpecies of ecclefiadical courts, we (hall 
begin with the lowed, and afeend gradually to the fu¬ 
preme court of appeal. 
The Archdeacon’s Court, is the mod inferior court 
in the whole ecclefiadical polity, It is held in the arch¬ 
deacon’s abfence before a judge appointed by himfelf, 
and called his official; and its jurifdiftion is fometimes in 
concurrence with, fometimes in exclufion of, the biffiop’s 
court of the diocel'e. From hence however by datute 24 
Lien. VIII. c. 12. an appeal lies to that of the bifliop. 
The Consistory Court, of every diocefan bifliop, 
is held in their feveral cathedrals, for the trial of all ec¬ 
clefiadical caufes arifing within their refpeftive diocefes. 
Thebiihop’s chancellor, or his commilfary, is the judge ; 
and from his fentence an appeal lies, by virtue of the 
fame datute, to the archbifhop of each province refpec- 
tively. As to the Court of Arches, fee title Arche* 
Court. 
The Court of Peculiars, is a branch of, and an¬ 
nexed to, the Court of Arches. It has a jurifdiftion over 
all thofe parifhes difperfed through the province of Can¬ 
terbury in the midd of other diocefes, which are exempt 
from the ordinary’s jurifdiftion, and fubjeft to the me¬ 
tropolitan only. All ecclefiadical caufes, arifing within 
thefe peculiar or exempt jurifdiftions, are, originally, 
cognizable by this court j from which an appeal lay for¬ 
merly 
