COURTS 
confidered as void. A lefTer number than two-thirds 
being, as was before faid, incompetent to give judgment 
of death, another queftion becomes necelliiry to be pro- 
pofed to every member, what puniffiment, other than 
death, (hall the prifoner undergo ? And each member 
gives his voice, de novo, on this queftion, wherein a ma¬ 
jority is competent to determine. 
The crimes cognifable by a court martial may be di¬ 
vided into felonies and mifdemeanors ; or, more properly, 
into capital offences, and offences only criminal and not 
capital j and if on the evidence a prifoner does not appear 
guilty of a crime of fo capital a nature, as is fet forth in 
the charge, the court may find him guilty in a lefs degree ; 
but they cannot declare him guilty of a mutiny, or any 
other diftinct crime or offence, unlefs it be likewise in the 
charge given againft him, before the trial commences. 
The judgments of courts martial, befides being open 
to the difapprobation of the king, or his commanders in 
chief, are liable, like thofe of other courts, to be taken 
cognifance of, and the members puniftied for illegal 
proceedings; for the court of king’s-bench, being the 
fupreme court of common law, hath not only power to 
reverie erroneous judgments given by inferior courts, 
but alfo to punifh all inferior magifirates, and all officers 
of juftice, for all wilful and corrupt abufes of authority 
againft the known, obvious, and common, principles of 
juftice. 2 Hazuk. P. C. c. 3. The mutiny-aft diredts, 
that every aftion againft any member or minifter of a 
court martial, in refpeft to any fentenee, fttall be brought 
in fome of the courts of record at Weftminfter; and 
there have been manyrinftances of profecutions of this 
nature in Weftminfter-hall. An officer on a court mar¬ 
tial however is not liable to be punifhed for mere mil- 
takes which an honeft well-meaning man may innocently 
fall into. And if the plaintiff or profecutor becomes 
non-fuited, or the defendant has a verdift, he fliall reco¬ 
ver treble cofts. Mutiny-aEl, left. 62. There is alfo ano¬ 
ther tribunal before which the proceedings of courts mar¬ 
tial are liable to cenfure, namely, the houl'e of commons. 
It is enabled by the mutiny-aft, that no officer or fol- 
dier being acquitted or convicted of any offence, ffiall be 
liable to be tried a fecond time by the fame or any other 
court martial, for the fame offence, unlefs in the cafe of 
an appeal from a regimental to a general court martial ; 
and by the articles of war, if upon a fecond hearing the 
appeal ffiall appear to be vexatious and ground lefs, the 
perfon fo appealing fltall be puniflted at the difcretion of 
the general court martial. No fentenee given by any 
court martial, and figned by the prefident, is liable to be 
revifed more than once. And this may be rather deemed 
an appeal to the fame court than a new trial ; fince in 
this cafe the fame perfons only are to re-confider what 
they have already done, without any new judges being 
added to them, or any new witneffes produced. 
A diftinftion is made in the oath taken by the prefi¬ 
dent and members of a court martial, and that of the 
judge advocate. The former are fvvorn, not only to 
conceal the vote or opinion of each particular member, 
but alfo the fentenee of the court, until it fha.ll be ap¬ 
proved by his majeliy, or by fome perfon duly authorifed 
by him ; the latter is only fworn not to divulge the opi¬ 
nion of any particular member of the court martial. 
COURT of PIEPOWDERS. 
This court is held in fairs, to do juftice to buyers and 
fellers, and for redrefs of disorders committed in them : 
fo called, becaufe they are mod ufual in fummer, when 
the fuitors to the court have dujly feet ; and from the 
expedition in hearing caufes relating thereto, before the 
dutt goes oft the feet of the plaintiffs and defendants. 
4 Inf. 272. or from pied pxmldreaux, a pedlar. Barrington , 
Anc. Stats. 337. It is a court of record incident to every 
fair ; and to be held only during the .time that the fair 
is kept. As to the jurifdiftion, the caufe of aftion for 
contract, Hander, &c. mud arife in the fair or market, 
Vol. V. No. 274. 
O F L A W. SO5 
and not before at any former fair, nor after the fair : it is 
to be for fome matter concerning the fame fair or market; 
and mu ft be done, complained of, heard, and determined, 
the fame day. Alfo the plaintiff muft make oath that 
the oontraft, &c. was within the jurifdiftion and time 
of the fair. 17 Ed. IV. c. 2. 2//^. 220. 
The court of piepowders may hold a plea of a fum 
above forty drillings; and it is faid, judgment may be 
given at another faiivat a court held there, and a writ 
of error lies upon a judgment given. Dyer 123. This 
court may not meddle with any thing done in a market, 
without a fpecial cuftom for it; but for what is done in a 
fair only : and not there for ilanderous words, unlefs 
they concern matters of contract in the fair ; as where it 
is for llandering the wares'of another, and not of his 
perfon, in the fame fair. Moor, Ca. 854. The fteward be¬ 
fore whom the court is held, is the judge : and the trial 
is by merchants and traders in the fair; and the judg¬ 
ment againft the defendant ft)all be quod amercieter. If 
the fteward proceeds contrary to 17 Edw. IV. c. 3. he 
fliall forfeit five pounds. From this court a writ of error 
lies in the nature of an appeal to the courts at Weftmin- 
fter. Cro. Eliz. 773. And thofe courts are now bound by 
igGeo. III. c. 70. to iffue writs of execution in aid of 
its procefs, after judgment, where the perfon or efi'efts 
of. the defendant are not within the limits of this inferior 
jurifdiftion. 
COURT of REQUESTS. 
This was a court of equity, of the fame nature with 
the court of chancery, but inferior to it; principally in- 
ftituted for the relief of fueh petitioners, as in confcion- 
able cafes addreffed themfelves by fupplication to his 
majefty. Of this court, the lord privy feal was chief 
judge, affifted by the mailers of requefts ; and it had be¬ 
ginning about gHen. VII. according to fir Julius Ciefar’s 
traftate on this fubjeft : though Mr. Gwyn, in his pre¬ 
face to his Readings, faith it began from a commiflion 
firft granted by Henry VIII. This court having aH'unied 
great power to itfelf, fo that it became burdenfome, 
Mich, anno \o & 41 Eliz. in the court of common pleas it 
was adjudged, upon folemn argument, that the court of 
requefts was no court of judicature, &c. And by 16 & 
17 Car. I. c. 10. it was taken away. 4 Inf. 97. 
COURT OF THE LORD STEWARD o,f the 
KING’S HOUSE. 
The lord fteward, or, in his abfence, the treafuTer 
and controller of the king’s houfe, and fteward of the 
marfhalfea, may inquire of, hear and determine in this 
court, all treafons, murders, manftaughter, bloodftieds, 
and other malicious ftrikings, whereby blood ffiall be 
lhed, in any of the palaces and houfes of the king; (or 
within the limits, i. e. 200 feet from the gate. 4 Comm. 
276 ;) or in any other houfe where his royal perfon ffiall 
abide. And this jurifdiftion was given by 33 Hen.VIII. 
c. 12. 3 Inf. 140. But this court was at firft intended 
only to inquire of and punifh felonies, See. by the'king’s 
fervants againft any lord or other perfon of the king’s 
council. iHen. VII. c. 14. 
COURT of STAR-CHAMBER. 
A court of very ancient original, but new modelled by 
3 Hen. VII. c. 1. 21 Hen. VIII. c. 20. which ordained, 
that the lord chancellor, treafurer, and lord privy feal, 
calling a biffiop, and lord of the king’s council, and the 
two chief juftices to their affiftance, on bill or informa¬ 
tion, might make procefs againft maintainors, rioters, 
perfons unlawfully aflembling, and for other mifde¬ 
meanors, which, through the power and countenance of 
fuch as did commit them, lifted up their heads above 
their faults, and punifh them as if the offenders had been 
convifted at law by a jury. But this aft was repealed, 
and the court diflolved by 16& 17 Car. I. c. 10. having 
been tiled to opprefs the fubjeft, particularly in mat¬ 
ters of ftate, 
4 1 COURTS 
