The court of Common Pleas takes cognizance of all civil actions. depending between subject and subject. The first judge of this court is ftyled lord chief juftice of the Common Pleas; and befides him, there are three other judges. None but ferjeants at law are allowed to plead here.

The court of Exchequer was inftituted for managing the revenues of the crown, and has a power of judging both according to law and according to equity, In the proceedings according to law, the lord chief baron of the Exchequer, and three other barons prefide as judges. They are ftyled barons, because formerly none, but barons of the realm, were allowed to be judges of this court. When this court proceeds according to equity, then the lord treasurer and the chancellor of the Exchequer prefide, affifted by the other barons. All matters touching the king's treasury, revenue, customs, and fines, are here tried and determined.

Befides thefe, there are courts of confcience fet, tled in many parts of England, for the relief of the poor, in the recovery of payment of fmalldebts, not exceeding forty fhillings.

CHA P. CXXIII.

OF THE SHERIFFS, AND OTHER OFFICERS.

FOR putting the laws effectually in execution,

a high-fheriff is annually appointed for every county by the king, whofe office is both minifterial and judicial. He executes the king's mandate, and all writs directed to him out of the king's court of justice. He impannels juries, brings causes and malefactors to trial, and fees fentence, both in civil and criminal affairs executed. He attends the judges at the affizes, and guards them all the time they are in his county. He likewife decides the elections of knights of the fhire, and judges of the qualifications of voters.

As his office is judicial, he keeps a court, called the county-court, to hear and determine all civil caufes in the county, under forty fhillings. As the keeper of the king's peace, both by common law and fpecial commiffion, he is the first man in the county, and fuperior in rank to any nobleman in it, during his office.

The next officer to the fheriff is the juftice of peace, feveral of whom are commiffioned for each county. To them is intrufted the power of put

ting great part of the ftatute law in execution, with regard to the highways, the poor, vagrants, treafons, felonies, riots, the prefervation of the game, and the like. They examine, and commit to prison, all who break or disturb the peace, and difquiet the king's fubjects. The justice of peace ought to be a perfon of great good fenfe and integrity, and to have fome knowledge of the law. As much power is lodged in his hands, and as nothing is fo intoxicating, without these qualifications, he will be apt to make mistakes, and to ftep beyond his authority.

Each county has two coroners, who are to enquire, by a jury of neighbours, how, and by whom, any perfon came by a violent death, and to enter it on record as a plea of the crown. Another branch of his office is to enquire concerning fhipwreck, and to certify whether wreck or not, and who is in poffeffion of the goods.

A conftable is a very ancient and refpectable officer of the peace, under the English constitution. His business is to keep the peace, in all cafes of quarrels and riots. He can imprison offenders till they are brought before a justice of peace; and it is his duty to execute, within his diftrict, every warrant that is directed to him from that magistrate, or a bench of justices.

CHA P. CXXIV.

THE

OF CITIES AND BOROUGHS.

HE civil government of cities is a kind of fmall independent policy of itfelf; for every city hath, by charter from the king, a jurisdiction within itself, to judge in all matters civil and criminal; with this restraint only, that all civil caufes may be removed from their courts to the higher courts at Westminster; and all offences that are capital, are committed to the judge of the affize. The government of cities differs according to their different charters, immunities, and conftitutions. They are conftituted with a mayor, aldermen and burgeffes, who, together, make the corporation of the city, and hold a court of judicature, where the mayor prefides as judge. Some cities are counties and chufe their own fheriffs; and all of them have a power of making bye-laws for their own government. Some have thought the government of cities, by mayor, aldermen, and common-council, is an epitome of the English government, by king, lords, and commons.

The

The government of incorporated boroughs is much after the fame manner. In fome there is a mayor, and in others two bailiffs; all which, during their mayoralty or magistracy, are juftices of the peace within their liberties, and confequently efquires.

The cinque-ports are five havens, (formerly ef teemed most important ones), which lie on the east part of England, towards France, as Dover, Sandwich, Romney, Haftings, and Hythe, to which Winchelsea and Rye have been fince added, with fimilar franchises in many respects. These cinque➡ ports were endowed with particular privileges by our ancient kings, upon condition that they fhould provide a certain number of fhips, at their own charge, to serve in the wars for forty days, as often as they were wanted.

CHA P. CXXV.

OF JURIES.

HERE neither is, nor ever was, any confti

THERE

tution provided with fo many fences, as that of England is, for the fecurity of personal liberty. Every man imprisoned has a right to bring a writ,

before