on account of the feebleness of its jurisdiction and want of power to enforce its judgments, as it can neither fine nor imprison, not being a court of record.”1

Certain general words in the statute 13 Rich. II. c. ii. support the claim of this court:-"1. To give relief to such of the nobility and gentry as think themselves aggrieved in matters of honour; and, 2. to keep up the distinction of degrees and quality. Whence it follows that the civil jurisdiction of this court of chivalry is principally in two points; the redressing injuries of honour, and correcting encroachments in matters of coat-armour, precedency, and other distinctions of families. As a court of honour, it is to give satisfaction to all such as are aggrieved in that point; a point of a nature so nice and delicate, that its wrongs and injuries escape the notice of the common law, and yet are fit to be redressed somewhere. Such, for instance, as calling a man a coward, or giving him the lie; for which, as they are productive of no immediate damage to his person or property, no action will lie in the courts at Westminster; and yet they are such injuries as will prompt every man of spirit to demand some honourable amends, which, by the ancient law of the land, were appointed to be given in the court of chivalry.2 But modern resolutions have determined, that how much soever such a jurisdiction may be expedient, yet no action for words will lie therein."

17 Mod. 127. Blackst. Com. b. iii. c. v. p. 67. As to the constable and marshal, see Hargrave's note, Co. Litt. 74 a, 74 b. The earl marshal is mentioned in stat. 1 Hen. IV. c. xxiv. ; 8 Rich. II. c. v.; 12 Rich. II. stat. i. c. ii. See also Modum faciendi duellum coram Rege, in an append. to Rapin's Hist. And see Duck de Author. Jur. Civ. lib. ii. c. viii. par. iii. § 13, 14, 15, &c.

2 Year-book, 37. Hen. VI. xxi. Selden of Duels, c. x. Hale, Hist. Com. L. 37.

3 Salk. 553. 7 Mod. 125. 2 Hawk. Pl. of the Crown, c. iv.

"As to the other point of its civil jurisdiction, the redressing of encroachments and usurpations in matters of heraldry and coat-armour, it is the business of this court, according to sir Matthew Hale, to adjust the right of armorial ensigns, bearings, crests, supporters, pennons, &c.; and also rights of place or precedence, where the king's patent, or act of parliament (which cannot be overruled by this court), have not already determined it.”1

Nothing need be said here respecting what are commonly called courts martial, constituted pro re nata, and held under the authority of the annual mutiny acts; a subject which will be more conveniently treated as a part of the law touching the military state.

II. "The maritime courts," as Blackstone informs us, or such as have power and jurisdiction to determine all maritime injuries arising upon the seas, or in parts out of the reach of the common law, are only the court of admiralty and its courts of appeal. The court of admiralty is held before the lord high admiral of England or his deputy, who is called the judge of the court. According to sir Henry Spelman and Lambard, it was first of all erected by king Edward III. Its proceedings are, according to the method of the civil law, like those of the ecclesiastical courts; upon which account it is usually held at the same place with the superior ecclesiastical courts, at Doctors' Commons, in London. It is no court of record, any more than the spiritual courts. From the sentences of the admiralty-judge an appeal always lay in ordinary course to the king in chancery, as may be collected from the stat. 25 Henry VIII. c. xix., which directs the appeal from the archbishops' courts to be determined by persons named in the king's commission, like as in case of

1 Blackst. Com. b. iii. c. vii. p. 103, 104, &c.

2 Spelm. Gloss. 13. Lamb. Archeion.

appeal from the admiral court. This is also expressly declared by stat. 8 Eliz. c. v., which enacts, that upon appeal made to chancery, the sentence definitive of the delegates appointed by commission shall be final." But now, by stat. 3 and 4 Wm. IV. c. xli., the appellate jurisdiction over causes determined in the high court of admiralty is transferred to the queen in council; and those appeals are heard in the judicial committee of the privy council, and determined by her majesty on the report of the lords committees. By virtue of the same statute, appeals from the vice-admiralty courts in America, and our other plantations and settlements, must also be brought before the queen in council. "But in case of prize-vessels, taken in time of war in any part of the world, and condemned in any courts of admiralty or vice-admiralty as lawful prize, an appeal lies to certain commissioners of appeals, consisting chiefly of the privy council. And this is by virtue of divers treaties with foreign nations; by which particular courts are established in all the maritime countries of Europe for the decision of this question, whether lawful prize or not: for this being a question between subjects of different states, it belongs entirely to the law of nations, and not to the municipal laws of either country to determine it. The original court to which this question is permitted in England, is the court of admiralty; and the court of appeal is in effect the privy council, the members of which are, in consequence of treaties, commissioned under the great seal for this purpose." This court must be carefully distinguished from the commission under the stat. 28 Hen. VIII. c. xv., which is required to be held before the lord high admiral or his deputy. The sole jurisdiction of that court is criminal,

1 Blackst. Com. b. iii. c. v. p. 68, 69; and see Blackst. Com. b. iii. c. vii. p. 105, 106, &c. Co. Litt. 260, 261. 4 Inst. c. xxii.

extending to hear and determine all treasons, felonies, robberies, murders, and confederacies committed upon the seas; and its proceedings are regulated by the common law alone.1

We come now to those courts whose jurisdiction is private and special, confined to particular spots, or instituted only to redress particular injuries; and it will suffice for the objects of this Commentary to take a mere cursory view of that branch of our judicial polity.

Several courts, placed by Blackstone under this head, have either fallen into disuse or been abolished by statute long since; and it will therefore be unnecessary to do more than name them. Such are the Forest-courts; namely, the courts of attachments, regard, sweinmote, and justice-seat, and the court of policies of assurance. We will therefore proceed to consider those courts of a private and special jurisdiction which are in use at this time, or have been but lately extinguished. These are:

"This,"

I. The court of commissioners of sewers. Blackstone informs us, "is a temporary tribunal, erected by virtue of a commission under the great seal, which formerly used to be granted pro re nata, at the pleasure of the crown,2 but now at the discretion and nomination of the lord chancellor, lord treasurer, and chief justices, pursuant to the stat. 23 Hen. VIII. c. v. Their jurisdiction is to overlook the repairs of sea-banks and sea-walls, and the cleansing of rivers, public streams, ditches, and other conduits, whereby any waters are carried off; and is confined to such county or particular district as the commission shall particularly name. The commissioners are a court of record, and may fine and imprison for contempts; and in the execution of their duty may pro2 Fitzh. Nat. Brev. 113.

14 Inst. c. xxiii.

3 1 Sid. 145.

ceed by jury, or upon their own view, and may take order for the removal of any annoyance, or the safeguard and conservation of the sewers within their commission, either according to the laws and customs of Romney Marsh1 or otherwise at their own discretion. They may also assess such rates, or scots, upon the owners of lands within their district, as they shall judge necessary; and if any person refuses to pay them, the commissioners may levy the same by distress of his goods and chattels, or they may, by stat. 23 Hen. VIII. c. v., sell his freehold lands (and, by 7 Anne, c. x., his copyhold also), in order to pay such scots or assessments. But their conduct is under the control of the court of queen's bench, which will prevent or punish any illegal or tyrannical proceedings. And yet in the reign of king James I. (8 Nov. 1616), the privy council took upon them to order that no complaint should be prosecuted against the commissioners, unless before that board; and committed several to prison who had brought such actions at common law, till they should release the same; and one of the reasons for discharging sir Edward Coke from his office of lord chief justice was for countenancing those legal proceedings.3 The pretence for which arbitrary measure was no other than the tyrant's plea of the necessity of unlimited power in works of evident utility to the public-the supreme reason above all reasons, which is the salvation of the king's lands and people. But now it is clearly held that this, as well as all other inferior jurisdictions, is subject to the

1 Romney Marsh in the county of Kent, a tract containing 24,000 acres, is governed by certain ancient and equitable laws of sewers, composed by Henry de Bathe, a venerable judge in the reign of king Henry III., from which laws all the commissioners of sewers in England may receive light and direction (4 Inst. 276).

2 Cro. Jac. 336.

3 Moor, 825, 826.