men professed in religion, to take and purchase to the king's benefit.

A twofold

{

power off. Direction
2. Correction {

the law

A twofold
power in
the king

In this respect the king is underneath the
law, because his acts are guided thereby.
In this respect the king is above the law, for
it may not correct him for any offence.

1. His absolute power, whereby he may levy forces against
any nation.

2. His limited power, which is declared and expressed in the laws, what he may do.

These offices are in the

king's gut.

These offices

are in the Judges' disposition.

Of the jurisdiction of Justices itinerant in the principality of

Wales.

1. They have power to hear and determine all criminal causes, which are called, in the laws of England, pleas of the crown; and herein they have the same jurisdiction that the justices have in the court of the king's bench.

2. They have power to hear and determine all civil causes, which in the laws of England are called common pleas, and to take knowledge of all fines levied of lands or hereditaments, without suing any dedimus potestatem; and herein they have the same jurisdiction that the justices of the common pleas do execute at Westminster.

3. They have power also to hear and determine all assizes upon disseisin of lands or hereditaments, wherein they equal the jurisdiction of the justices of assize.

4. Justices of oyer and terminer therein may hear all notable violences and outrages perpetrated within their several precincts in the said principality of Wales.

The prothonotary's office is to draw all pleadings, and to enter and ingross all records and judgments in civil causes.

The clerk of the crown his office is to draw and ingross all proceedings, arraignments, and judgments in criminal causes. The marshal's office is to attend the persons of the judges at their coming, sitting, and going from their sessions or court.

The crier is tanquam publicus præco, to call for such persons whose appearances are necessary, and to impose silence to the people.

The office of justice of peace.

There is a commission under the great seal of England to certain gentlemen, giving them power to preserve the peace, and to resist and punish all turbulent persons, whose misdemeanors may tend to the disquiet of the people; and these be called justices of the peace, and every of them may well and truly be called Eirenarcha.

The chief of them is called Custos rotulorum, in whose custody all the records of their proceedings are resident.

Others there are of that number called justices of peace and quorum, because in their commission they have power to sit and determine causes concerning breach of peace and misbehaviour; the words of their commission are conceived thus, Quorum, such and such, unum vel duos, etc. esse volumus; and without some one or more of the quorum, no sessions can be holden; and for the avoiding of a superfluous number of such justices, (for through the ambition of many it is counted a credit to be burthened with that authority,) the statute of 38 H. VIII. hath expressly prohibited that there shall be but eight justices of the peace in every county. These justices hold their sessions quarterly.

In every shire where the commission of the peace is established, there is a clerk of the peace for the entering and ingrossing of all proceedings before the said justices. And this officer is appointed by the custos rotulorum.

The office of sheriffs.

Every shire hath a sheriff, which word, being of the Saxon English, is as much as to say shire-reeve, or minister of the county his function or office is two-fold, namely,

:

1. Ministerial.

2. Judicial.

1. He is the minister and executioner of all the process and precepts of the courts of law, and therefore ought to make return and certificate.

2. The sheriff hath authority to hold two several courts of distinct natures: 1. The turn, because he keepeth his turn and circuit about the shire, and holdeth the same court in several places, wherein he doth inquire of all offences perpetrated against the common law, and not forbidden by any statute or act of

parliament; and the jurisdiction of this court is derived from justice distributive, and is for criminal offences, and held twice every year.

2. The County Court, wherein he doth determine all petty and small causes civil under the value of forty shillings, arising from the said county; and therefore it is called the county

court.

The jurisdiction of this court is derived from justice commutative, and is held every month. The office of the sheriff is annual, and in the king's gift, whereof he is to have a patent.

The office of escheator.

Every shire hath an officer called an escheator, which is an office to attend the king's revenue and to seize into his majesty's hands all lands escheated, and goods or lands forfeited, and therefore is called escheator; and he is to inquire by good inquest of the death of the king's tenant, and to whom the lands are descended, and to seize their bodies and lands for ward if they be within age, and is accountable for the same: he is named by the lord treasurer of England.

The office of coroner.

Two other officers there are in every county called coroners; and by their office they are to enquire by good inquest in what manner, and by whom every person dying of a violent death came so to their death; and to enter the same of record; which is matter criminal, and a plea of the crown: and therefore they are called coroners, or crowners, as one hath written, because their inquiry ought to be in corona populi.

These officers are chosen by the freeholders of the shire, by virtue of a writ out of the chancery de coronatore eligendo: and of them I need not to write more, because these officers are in use elsewhere.

General observations touching constables, gaolers, and bailiffs.

Forasmuch as every shire is divided into hundreds, there are also by the statute of 34 H. VIII. cap. 26. ordered and appointed, that two sufficient gentlemen or yeomen shall be appointed constables of every hundred.

Also there is in every shire a gaol or prison appointed for the restraint of liberty of such persons as for their offences are thereunto committed, until they shall be delivered by course of law.

In every hundred of every shire the sheriff thereof shall nominate sufficient persons to be bailiffs of that hundred, and under-ministers of the sheriffs: and they are to attend upon the justices in every of their courts and sessions.

NOTE.

Pages 325 and 369. The origin of the bad grammar in Reg. 19, which I only observed while correcting the press, is to be found at the end of the second paragraph of p. 407, where we have iisdem modis quibus, &c.