THE temporal magistraaes are of three kinds, viz.

Military.

Maritime.

Civil, or common-law magistrates.

The military were the constable and marshal, whose power, as far as the common law takes notice of it, consisted of two parts, viz.

Of a kind of MIXTUM IMPERIUM, which principally was for the preservation of peace, and ordering the army in time of

war.

A jurisdiction belonging to their court martial: whereof before.

The maritime is the admiral, and those deriving power under him. Their power likewise consists of,

A kind of MIXTUM ET SUBORDINATUM IMPERIUM over the the officers and seamen, especially in the king's fleets and yards.

POTESTATEM JURISDICTIONIS, in relation to matters arising upon the high sea.

And here of the admiral's jurisdiction, and the remedy if he exceeds in it;

By prohibition.

Action on the stat. 2 H. 4.

The common law, or civil magistrate; I mean such as are instituted either by the common law, by statute, or by custom: these, in relation to things temporal, are various.

And because these magistrates consist not only of natural persons, as they are such, but of natural persons constituted in some degree of empire, power, or jurisdiction; here will aptly fall in the diversity, the jurisdiction and powers of the several courts, and of the officers, both ministerial and judicial. These, though I shall not prosecute in all their branches and extents, yet I shall give some short account of them, viz.

The subordinate CIVIL magistrates are of two kinds :

Such as have not only a civil power, which I may call POTESTATEM MIXTI IMPERII, but also have a power of jurisdiction.

Such as have a kind of civil power, or MIXTUM IMPERIUM, but without jurisdiction. Vide sect. 12.

As to the former,

The persons that exercise this power, or jurisdiction, are called JUDGES, or judicial officers.

The places, or tribunals, wherein they exercise their power, are called cOURTS.

And the right by which they exercise that power is called

JURISDICTION.

This therefore yields us these considerations.

The courts themselves, what they are, how they are constituted.

What their jurisdiction is, and the extent thereof.

Who the judges are, and how made, whether by commission, charter, prescription, custom, or by course of the common law.

The courts are of two kinds :

Courts of record.

Not of record.

First, of courts of record, there is this diversity, viz.

Supreme.
Superior.

Inferior.

The supreme court of this kingdom is the HIOH COURT OF PARLIAMENT, consisting of the king, and both houses of parliament.

The courts I call SUPERIOR, are indeed of several ranks and degrees, and every one nevertheless is to keep within the

bounds and confines of its jurisdiction by law assigned. And

they are,

More principal.

Less principal.

The more principal are,
The court of the lords

The great courts at
Westminster; as,

Justices itinerant (e)

house in parliament,

Chancery,

King's Bench,
Common Pleas,

Exchequer.

Ad communia placita.
Ad placita forestæ.

The LESS principal are such as are held,

Gaol-delivery,

Oyer and terminer,

By virtue of act of parlia

ment, and the king's com-
mission: as the courts of

INFERIOR Courts of record.

Durham.

Grand Sessions,
Sewers,

Justices of Peace,

And divers others.

Though there be a subordination

of most courts to some other, yet for distinction's sake I shall call those inferior courts which are ordinarily so called; as, Corporation courts.

Courts leet.

Sheriffs torns.

Secondly, courts NOT of

record are divers : as,

Courts baron,

County courts,

Hundred courts,
And others.

But I am not solicitous of pursuing this matter of courts and their jurisdiction over-largely; because all the learning of them is already put together in the Tractates of Crompton, lord Coke, and others, who have written on the jurisdiction of courts.

(e) See Blac. Com. 3 v. 57. 4 v. 411. 422.
[F]

SECT. XII.

Of inferior magistrates, SINE JURISDICTIONE.

IT now follows, that somewhat be said of those msgistrates who have a certain IMPERIUM, but without jurisdiction; and these are called ministerial officers.

Some officers indeed are simply MINISTERIAL, as clerks and officers in courts, custos brevium, prothonotaries, the remembrancers and chamberlains of the exchequer, &c.

But these, though they have a superintendency over their subordinate ministers, and a ministerial administration in courts of justice and elsewhere, I shall not meddle with in this place, but refer them to the several courts to which they belong.

For those that I here intend are of a more public and common kind, and are principally these, viz.

The sheriff of the county, who is THE GREATEST MINISTERIAL OFFICER; and I call him a magistrate, because he is A CONSERVATOR OF THE PEACE of the county, and executes the process of the king's courts.

Here are considerable,

How constituted:

How discharged:

What his power, his office, his duty.

This is a large subject: see those that have written of this office.

Mayors of corporations. And here of heads and governors of colleges, &c. (f).

Constables, and head constables.

These, though they have not any jurisdiction to hold conuzance of any fact, yet are conservators of the peace, and have a kind of MIXTUM IMPERIUM relative to it.

Bailiffs of liberties, serjeants of the mace, and all that have a power vested in them by law for the EXECUTION of justice,

(f) As to JUSTICES OF THE PEACE, see Blac. Com. 1 v. 350 to 355.

are within the precincts and extents of their several offices A KIND of magistrates; for a subjection is by law required of others to them, in relation to that power wherewith they are invested, and the execution thereof.

Thus far of magistrates both supreme and subordinate, and the several rights that are INTUITU & SUB RATIONE OFFICII annexed .to them.

SECT. XIII.

Of the rights of the people or subject.

HAVING gone through the distribution of magistrates, I come now to the other term of relation, namely, of SUBJECTS.

And the RIGHTS of subjects are of these two kinds, viz.

Rights of DUTY, to be performed.

Rights of PRIVILEGE, to be enjoyed.

As to the first of these, they are such duties as are to be paid or performed by them; either,

To the king, as supreme executive magistrate: or,

To inferior or subordinate magistrates.

The rights or duties to be performed by the people to the king himself, are,

Reverence and honour, fidelity and subjection.

All which come under the name of ALLEGIANCE; and the extent of this is declare, and assurance thereof given, by the oaths of allegiance, &c. of supremacy by 1 Eliz. of obedience by 3 Jac. 1.

Payments of those rights and dues, customs, subsidies, &c. which either by the common law or by act of parliament are settled on the king.

The rights to be performed to INFERIOR magistrates, are, Reverence and respect to them, according to their place and authority.