Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/37

Rh a new juridiction with power of fine or imprisonment makes it intantly a court of record. A court not of record is the court of a private man, whom the law will not intrut with any dicretionary power over the fortune or liberty of his fellow-ubjects. Such are the courts-baron incident to every manor, and other inferior juridictions: where the proceedings are not enrolled or recorded; but, as well their exigence as the truth of the matters therein contained hall, if diputed, be tried and determined by a jury. Thee courts can hold no plea of matters cognizable by the common law, unles under the value of 40s; nor of any forcible injury whatoever, not having any proces to arret the peron of the defendant.

every court there mut be at leat three constituent parts, the actor, reus, and judex: the actor, or plaintiff, who complains of an injury done; the reus, or defendant, who is called upon to make atisaction for it; and the judex or judicial power, which is to examine the truth of the fact, to determine the law ariing upon that fact, and, if any injury appears to have been done, to acertain and by it's officers to apply the remedy. It is alo uual in the uperior courts to have attorneys, and advocates or counel, as aitants.

attorney at law anwers to the procurator, or proctor, of the civilians and canonits. And he is one who is put in the place, tead, or turn of another, to manage his matters of law. Formerly every uitor was obliged to appear in peron, to proecute or defend his uit, (according to the old Gothic con- fUtution ) unles by pecial licence under the king's letters patent. This is till the law in criminal cafes. And an idiot cannot to this day appear by attorney, but in perfon ; for he hath not dicretion to enable him to appoint a proper ubtitute: and

g Salk. 200. 12 Mod. 388. h 2 Int. 311. i Pope Boniface VIII, in 6 ''Decretal. l''. 3. t. 16. §. 3. peaks of "procuratoribus, qui in aliquibus partibus atornati nuncupantur." k Stiernhook ''de jure Goth. l''. 1. c. 6. l F. N. B. 25. m Ibid. 27. Rh