Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/44

32 that thee petty tribunals have fallen into decay, and almot into oblivion: whether for the better or the wore, may be matter of ome peculation; when we confider on the one hand the encreae of expene and delay, and on the other the more upright and impartial deciion, that follow from this change of juridiction.

order I hall oberve in dicouring on thee everal courts, contituted for the redres of civil injuries, (for with thoe of a juridiction merely criminal I mall not at preent concern myelf) will be by beginning with the lowet, and thoe whoe juridiction, though public and generally dipered throughout the kingdom, is yet, (with regard to each particular court) confined to very narrow limits; and o acending gradually to thoe of the mot extenive and trancendent power.

lowet, and at the ame time the mot expeditious, court of jutice known to the law of England is the court of piepoudre, curia pedis pulverizati: o called from the duty feet of the uitors; or according to ir Edward Coke, becaue juvtice is there done as peedily as dut can fall from the foot. Upon the ame principle that jutice among the Jews was adminitred in the gate of the city, that the proceedings might be the more peedy, as well as public. But the etymology given us by a learned modern writer is much more ingenious and atisfactory; it being derived, according to him, from pied puldreaux a pedlar, in old french, and therefore ignifying the court of uch petty chapmen as reort to fairs or markets. It is a court of record, incident to every fair and market; of which the teward of him, who owns or has the toll of the market, is the judge. It was intituted to adminiter jutice for all injuries done in that very fair or market, and not in any preceding one. So that the injury mut be done, complained of, heard, and determined, within the compas of one and the ame day. The court hath

d 4 Int. 272, e Ruth. c. 4. f Barrington's obervat. on the flat. 337. Rh