OF THE INTRODUCTION. CHAPTER I. OF the Origin of the Jurifdiction of the Courts CHAPTER II. Of the original Procefs of the Court of King's Bench CHAPTER III. Of the original Procefs of the Court of Common Pleas CHAPTER IV. In what Manner the Court of King's Bench obtained Cognizance of civil Actions 1 Of the Extenfion of the Capias to other Actions than those committed viet armis. Ixvii СНАР INTRODUCTIO N. I CHAPTER THE FIRST. Of the Origin of the Jurifdiction of the Cour Na work calculated to affift the ftudent and attorney in attaining a competent knowledge of the practice of the courts of King's Bench and Common Pleas, I flatter myself that fome account of the origin of the jurifdiction of thofe courts, and of the process ufed therein, will not be unacceptable to the one, or thought useless and unneceffary by the other. In the few pages I propofe to dedicate to this fubject, I fhall frit endeavour to fhew the origin of the jurifdiction of the fuprior courts in Westminster-hall, by taking a chronological view of their formation and eftablifhihent. Secondly, To ftate the original procefs adopted by the courts of King's Bench and Common Pleas to bring parties. before them. And, laftly, To point out the several alterations made in fuch process, together with the occafion of fuch alterations at different periods of time. The neceffity of understanding well the intent and operation of the original process on which every fubfequent proceeding throughout a caufe is founded, will ftrike every one who is already, or means hereafter to be, of the profeffion of the Law. Why one and the fame writ fhould fometimes authorife one fubject to deprive another of his perfonal liberty, and at others only ferve as a notice to appear to a fuit inftituted against him;-or why fuch a particular writ is adapted to one fpecies of injury, and why it will not afford relief for another, are matters which are apt to confound every Student at his firft entrance into the profeffion; and, VOL. I. A till till he understands them, his attendance on the courts cannot but be of little avail. To relieve him, in fome meafure, from this embarraflment, is the task I fhall attempt to difcharge, however imperfectly, in this Introduction; but not without fuggefting to him, that more information on the fubject may be derived from much better writers and more able compilers, who in the courfe of this treatise I fhall have occafion to mention. With regard to the legal polity of the ancient Britons, or that of the various nations that fucceffively broke in upon and destroyed both them and their conftitution, we are so much in the dark, that little can be faid of it with any tolerable certainty. But in the reign of king Alfred, who fucceeded to the monarchy of England, founded by his grandfather Egbert, we are informed the conftitution of England was altogether new-modelled, and the whole kingdom reduced under one regular and gradual fubordination of government; wherein every man was answerable to his immediate fuperior for his own conduct, and that of his neighbour's. By his establishment the people were claffed in decennaries, confifting of ten families each, who were the pledges and compurgators of each other. Ten of thefe decennaries made up the larger divifion of an hundred, and an indefinite number of thefe hundreds compofed the ftill larger divifion of a county. Over every clafs of people prefided the most difcreet and able amongst them.-Those who prefided over the county were the alderman, (who, after the Danish invafion and conqueft, was denominated the Earl), bifhop, sheriff, and coroner. Over the hundred, the lord; and over every tything, prefided the tythingman, or borfholder. In the . few miferable towns in which there was any trade, the people were in all probability under fome fpecies of corporate government, the nature of which we are little informed of. Writers, defcribing the progrefs of fociety, apprehend that fome fuch government exifted in them; but fay, that it was under abfurd regulations, and built on oppreffive notions, tending rather to curb than affift the fpirit of induftry and commerce. And fo well indeed are they convinced of this fact, that they affign it as one of the principal caufes that prevented towns in England, as well as in other parts of Europe, from emerging out of the defpicable ftate they continued in till the dawn of the fifteenth century. The laws at this time were few and fimple, made at the general affembly of the state when convened by the fovereign, and promulged to the people by the Earls and Sheriffs in their perambu |