Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/69

Ch. 4. will make themfelves matters of thofe queftions upon which they undertake to decide; fince upon their decifion all property muft finally depend.

HITHERTO may alfo be referred the tribunal eftablimed by flatute 14 Edw. III. c. 5. confifting (though now out of ufe) of one prelate, two earls, and two barons, who are to be chofen at every new parliament, to hear complaints of grievances atid de- lays of juftice in the king's courts, and to give directions for re- medying thefe inconveniences in the courts below. This com- mittee feems to have been eftablifhed, left there fliould be a de- fee! of juftice for want of a fupreme court of appeal, during the intermiffion or recefs of parliament, for the flatute farther di- rects, that if the difficulty be fo great, that it may not well be determined without affent of parliament, it fhall be brought by the faid prelate, earls, and barons unto the next parliament, who fhall finally determine the fame.

I conclude this chapter, I muft alfo mention an eleventh fpecies of courts, of general jurifdiction and ufe, which are derived out of, and act as collateral auxiliaries to, the foregoing; I mean the courts of ‘’affife’’ and ‘’niji prius.’’

THESE are compofed of two or more commifiioners, who are twice in every year fent by the king's fpecial commiffion all round the kingdom, (except only London and Middlefex, where courts of nlfi prius are holden in and after every term, before the chief or other judge of the feveral fuperior courts) to try by a jury of the refpeftive counties the truth of fuch matters of facl as are then under difpute in the courts of Weftminfter-hall. Thefe judges of affife came into ufe in the room of the antient juftices in eyre, jujiitiarii in itinere ; who were appointed by the great council of the realm, A. D. 1176, 22 Hen. II f, with a delegated power from the king's great court or aula regia, being looked upon as members thereof : and they made their circuit

f Seld. Jan. 1,2,. 5. Spelm. Cod. 329.

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