501 
COURTS OF LAW. 
merly to the pope, but now by ftatute 25 Hen. VIII. 
c. 19. to the king in chancery. 
The Prerogative Court is eftabliftied for the trial 
of all teftamentary caufes, where the deceafed hath left 
bona notabilia within two different diocefes. In which cafe 
the probate of wills belongs to the archbilhop of the pro¬ 
vince, by way of fpecial prerogative. And all caufes re¬ 
lating to the wills, adminiftrations, or legacies of fuch 
perlons, are, originally, cognizable herein before a j udge, 
appointed by the archbifhop, called the judge of the 
prerogative court, from whom an appeal lies by ftatute 
25 Hen. VIII. c. 19. to the king in chancery, inflead of 
the pope as formerly. 
The Great Court of Appeal, or Court of De¬ 
legates, (judices delrgati,J appointed by the king’s corn- 
million under his great feal, and iffuing out of chancery, 
to reprefent his royal perfon, and hear all appeals made 
to him by virtue of the before-mentioned ftatute of 
Henry VIII. This commiffion is frequently filled with 
lords, fpiritual and temporal, and always with judges of 
the courts at Weftminfter, and doctors of the civil law. 
Appeals to Rome were always looked upon by the Eng- 
lilh nation, even in the times of popery, with an evil 
eye, as being contrary to the liberty of the fubiedt, the 
honour of the crown, and the independence of the whole 
realm ; and were firft introduced in very turbulent times 
in the fixteenth year of king Stephen, A. D. 1151; at 
the fame period, lir Henry Spelman obferves, that the 
civil and canon laws were firft imported into England. 
Cod. Vet. Leg. 315. But, in a few years after, to obviate 
this growing practice, the conftitutions made at Claren¬ 
don, 11 Henry II. on account of the difturbances railed 
by archbiftiop Becket, and other zealots of the holy fee, 
exprefsly declare, (chap. 8,) that appeals in caufes ec- 
clefiaftical ought to lie, from the archdeacon to the dio- 
cefan; from the diocefan to the archbiihop of the pro¬ 
vince ; and from the archbiftiop to .the king; and are not 
to proceed any farther without fpecial licence from the 
crown. But the unhappy advantage that was given in 
the reigns of king John, and his fon Henry III. to the 
encroaching power of tine pope, at length riveted the 
cuftom of appealing to Rome in caufes ecclefiaftical fo 
ftrongly, that it never could be thoroughly broken off; 
until the grand rupture happened in the reign of Henry 
VIII. when all the jurifdidtion ufurped by the pope in 
matters ecclefiaftical was reftored to the crown, to which 
it originally belonged ; fo that the ftatute 25 Hen. VIII. 
was but declaratory of the ancient law of the realm. 
4 Lift. 324. But in cafe the king himfelf be party in any 
of thefe fuits, the appeal does not then lie to him in 
chancery, which would be abfurd ; but by the ftatute 
24 Hen. VIII. c. 12. to all the bilhops of the realm af- 
fembled in the upper houfe of convocation. 
A commiffion of review, is a commiffion fometimes 
granted, in extraordinary cafes, to revife the fentence of 
the court of delegates, when it is apprehended they have 
been led into a material error. This commiffion the king 
may grant, although the ftatutes 24 and 25 Hen. VIII. 
before cited, declare the fentence of the delegates defi¬ 
nitive; becaufe the pope as fupreme head by the canon 
law ufed to grant fuch commiffion of review ; and fuch 
authority as the pope heretofore exerted, is now annexed 
to the crown by ftatutes 26 Hen. VIII. c. 1. and 1 Eliz. 
c. 1: But it is not matter of right, which the fubjedt 
may demand ex debito.juJHtia :; but merely a matter of fa¬ 
vour, and which therefore is often denied. 
Thefe are now the principal courts of ecclefiaftical ju¬ 
rifdidtion, none of which are allowed to be courts of re¬ 
cord ; no more than was another much more formidable 
jurifdidtion, but now defervedly annihilated, viz. the 
court of the king’s High Commiffion in caufes eccleliafti- 
cal. This court was erected and united to the regal power 
by virtue of the ftatute 1 Eliz. c. 1. inftead of a larger 
jurifdidtion which hud before been exercifed under the 
pope’s authority. It was intended to vindicate the dig- 
Vol. V. No. 274. 
nity and peace of the church, by reforming, ordering, 
and correcting, the ecclefiaftical ftate and perfons, and 
all manner of errors, herefies, fchifms, abufes, offences, 
contempts, and enormities. Under the fhelter of which 
general words, means were found, in that and the two 
fucceeding reigns, to veft in the high commiflioners ex¬ 
traordinary, and almoft defpotic, powers of fining and im- 
prifoning; which they exerted much beyond the degree 
of the offence itfelf, and frequently over offences by no 
means of fpiritual cognizance. For thefe reafons this 
court was juftly abolifhed by ftatute 16 Car. I. c. 2. 
COURT of HUSTINGS. 
This is the higheft court of record, liolden at Guild¬ 
hall, for the city of London, before the lord-mayor and 
aldermen, the fheriffs, and recorder. 4/w/?. 247. This, 
court determines all pleas, real, perfonal, and mixed ; 
and here all lands, tenements, and heredi aments, rents, 
and fervices, within the city of London, and fuburbs of 
the fame, are pleadable in two buffings; one called 
buffings of plea of lands, the other huffings of common 
pleas. In this court the burgelfes to ferve for the city 
in parliament, muff be elected by the livery of the re- 
fpedtive companies. 
In the huffings of plea of lands, are brought writs of 
right patent directed to the fheriffs of London, on which 
writs the tenants fhall have three fummonfes at the three 
buffings next following ; and after the three furamons, 
there fhall be three effoins at three other huffings next 
enfuing; and at the next huffings after the third effoin, 
if the tenant makes default, procefs fhall be had againft 
him by grand cape, or petit cape, See. If the tenant 
appears, the demandant is to declare in the nature of 
what writ he will, without making proteffation to fue in 
nature of any writ; then the tenant fhall have the viewy 
Sec. and if the parties plead to judgment, the judgment 
fhall be given by the recorder: but no damages,, by the 
cuftom of the city, are recoverable in any l'uch writ of 
right patent. 
In the huffings of common pleas are pleadable, writs 
ex gravi querela, writs of gavelet, of dower, wafte, &c. 
alfo writs of exigent are taken out of the huffings ; and 
at the fifth huffings the outlawries are awarded, and 
judgment pronounced by the recorder. If an erroneous 
judgment is given in the huffings, the party grieved 
may fue a commiffion out of chancery, directed to certain 
perfons to examine the record, and thereupon do right. 
1 Rol. Abr. 745. 
Court of the Duchy of Lancaster. See thear- 
ticle Chancellor of the Duchy, &c. vol.iv. p. 86. 
COURT-LEET. 
The word leet is not to be found either in the Saxon 
law, or in Glanvil, Bradton, Britton, Fleta, or the Mir¬ 
ror, our moft ancient law writers ; nor in any ftatute prior 
to 27 Edw. III. c. 28. though it is allowed to occur in the 
Conqueror’s charter for the foundation of Battle Abbey, 
and not unfrequently in Domefday-book, Spehn. v. Ltta. 
It feems to be derived from the Saxon leot>, plebs-, and 
to mean the populi atria,' or folk-mote, as the fheriff’s 
tournor leet of the county, at leaft, appears to have been 
once actually called, (fee Spelman in verb. Folkfmote ;) iu 
contradiction, perhaps, to the halmote or court-baron, 
which confifted of the free tenants only, who, being few 
in number, might conveniently affemble in the lord’s 
hall; whereas the leet, which required the attendance of 
all the refiants, within the particular hundred, lordfhip, 
or manor, and concerned the adminiftration of public 
juftice, was ufually held in the open air. According to 
Hawkins, P. C. ii. 112. a court-leet is a court of record, 
having the fame jurifdidtion within fome particular pre- 
cindt, which the fheriff’s tourn hath in the county. 
The view of frank-pledge, vi/us franciplegii, means the 
examination or furvey of the free-pledges, of which every 
man, not particularly privileged, was anciently obliged. 
4 H to* 
