dignity till he has been a barrister five years; they are bound by a folemn oath to do their duty to their clients; and by custom the judges of the courts at Weftminfter are always admitted into this venerable order, before they are advanced to the bench; the original of which was probably to qualify the puisne barons of the exchequer to become juftices of aflize according to the exigence of the ftatute of 14 Edw III. c. 16. Serjeants could formerly only be created in term time; but on a recent occafion, fome inconvenience having arisen from the death of a chief justice, whofe place it was neceffary immediately to fupply, a ftatute paffed, enabling the king at any time to call any barrifter duly qualified to the degree of ferjeant at law. In court, the judge being himself a ferjeant, always addresses those of that rank by the title of brother, and they use the fame ftyle in fpeaking to each other. Serjeants alone can practise in the court of common pleas; but at the fittings at nifi prius, barrifters may be employed.

PRECEDENCE. Pre-audience in the courts is reckoned of fo much confequence, that it may not be amifs to fubjoin a small table of the precedence which usually obtains among the practicers. 1. The king's premier ferjeant, (fo conflituted by fpecial patent.), 2. The king's ancient ferjeant, or the eldest among the king's ferjeants. 3. The king's advocate general. 4. The king's attorney general. 5. The king's folicitor general. 6. The king's ferjeants. 7. The king's counfel, with the queen's attorney and folicitor. 8. Serjeants at law. 9. The recorder of London, 10. Advocates of the civil law. II. Barristers. In the court of exchequer two of the most experienced barristers, called the post-man and the tub-man, (from the places in which they fit) have also a precedence in motions.

SERJEANTS' INNS. Befides the Inns of court and chancery, there have been from very remote antiquity other inns appro priated to the use of the judges of the king's bench, common pleas, barons of the exchequer, and ferjeants at law. Two of these are still remaining, the one fituate in Chancery-lane, the other in Fleet-street. A third flood in Holborn, called Scroop's Inn, but it has been long destroyed.

SERJEANTS' INN, CHANCERY-LANE. This Inn confifts of two small courts, furrounded by the judges' chambers, which are fpacious rooms. The principal entrance is from Chancerylane, and fronts the hall: the fecond court communicates with Clifford's Inn, by means of a fmall paffage. The buildings are modern, and the work of the last century: the only parts of them that merit notice are, the hall and the chapel. The afcent to the hall is by a handfome flight of ftone fteps and balluftrade. It is built of brick, with flone cornices, and ornamented in front

with a handfome pediment furmounted by a turret and clock. The infide is not large, but forms a well proportioned apart ment; and the windows, like thofe of most of the other halls, are decorated with armorial bearings in ftained glafs. The chapel is a small neat edifice, with feats for the judges, but is no ways remarkable. This inn did not attain its present appellation of "Serjeant's Inn" till about the year 1484; previous to which it was called " Farringdon's Inn, in Chancellor's-lane;" and still earlier it was recognized as the tenement of John Skarle. In this inn the ferjeants at law have a right to chambers as they become vacant; but their number is much greater than can be accommodated in fo fmall a precinct. The judges do not refide in their chambers, but have clerks there, and attenų themselves at proper times to tranfact business.

SERJEANTS INN, FLEET STREET. This Inn retains its ancient name, but is at present little more than a mere private court, having been deferted by the judges on the buildings of the old inn falling to decay. It adjoins the north-eaft corner of the Temple, with which it has a communication by means of a narrow paffage; but the principal entrance is from Fleetstreet, where there are handsome iron gates, and was formerly a lodge where a porter was kept. The ancient inn having been burnt down in the fire of London; on the lease being renewed by the dean and chapter in 1670, the whole was rebuilt by a voluntary fubfcription of the ferjeants; which subscription was to be repaid by a particular mode agreed on among themfelves. The chapel, hall, and kitchen were erected with the overplus of a fum of money, depofited by feventeen new created ferjeants, after deducting about 400l. for their feaft. The whole inn has been again rebuilt, within these few years; and on the fite of the ancient hall, (which was long used as a chapel,) the Amicable Society have lately erected an elegant building for the tranfaction of their bufinefs, which is a great ornament to the place. The arms of these two inns of judges and ferjeants are appropriate; and defcribed by heavenly bodies: 1. Mars, two galbes in faltire folis, bands jovis; 2. an ibis proper.

JUDGES. In treating on the fuperior courts of king's bench, common pleas, and exchequer, the judges who prefide in them have occafionally been mentioned, but a few particulars remain to be noticed. The king himself, though intrufted with the whole executive power of the law, cannot fit in judgment in any court, but his juftice and the laws must be adminiftered according to the power committed to, and diftributed among, his feveral courts of justice. In this diftinct and separate existence of the judicial power, in a peculiar body of men, nominated in

deed,

deed, but not removeable at pleasure, by the crown, confifts one great prefervative of the public liberty, which cannot fubfift long in any state, unlefs the adminiftration of common justice, be, in fome degree, feparated both from the legislative and executive power. For this reafon, the ftatute of 16 Chas. I c. 10. which abolished the court of star-chamber, removes all judicial power out of the hands of the king's privy council, who might be inclined to pronounce that for law which was most agreeable to the prince or his officers. It is alfo of the greatest importance to the law of England, and to the fubject, that the power of the judge and jury fhould be kept diftinct; that the judge fhould determine the law, and the jury the fact; nor can their office be confounded, without the confufion of law and deftruction of juftice. All judges mult derive their authority from the crown, by fome commiflion warranted by law the judges at Westminster are all (except the chief justice of the king's bench, who is created by writ) appointed by patent, and formerly, held their places only during the king's pleasure; but for the greater fecurity of the liberty of the fubject, the 12 and 13 W. III. c. 2. provided that their commiffions fhould be in force during their good behaviour, nor could they be difplaced but on the addrefs of both houfes of parliament. Still however their commiffions become void in fix months after the demife of the crown; but by ftatute 1 Geo. III. c. 23, enacted at the earnest recommendation of the king himself from the throne, the judges are continued in their offices during their good behaviour, and their full falaries are fecured to them during the continuance of their commiffions; his majesty having on that occafion patriotically declared, that " he looked upon the indepen"dence and uprightnefs of the judges, as effèntial to the im"partial administration of justice, as one of the best securities "of the rights and liberties of his fubjects, and as most con"ducive to the honour of the crown." The judges are bound by oath to determine according to the known laws, and ancient cuftoms of the realm; and their rule herein must be the judicial decifions and refolutions of other judges, and not their own arbitrary will and pleasure, or that of their prince. although they are bound to judge by these rules and customs, they are freed from all profecutions for any thing done in court arifing from an error in judgment. Nor is a judge, conftituted by the king, and thereby ftamped with his approbation, and to whom alone it belongs to judge of his fitnefs, to be reflected on, cenfured, defamed, or vilified with refpect to his ability, parts, fitnefs for his place, or in any other manner; for, if this were allowed, it would be impoffible to preferve in the

But

people

people that veneration for their perfons, and fubmission to their judgments, without which the laws cannot be executed with vigour and fuccefs; and hence all fcandalous reflections on the judges of Westminster-hail are within the ftatute of fcandalum magnatum.

The falaries of the judges are: the chief justice of the king's bench, 5,500/.; the chief justice of the common pleas, and chief baron of the exchequer, 5,000l. each; and each of the puifne judges and barons, 4,000l. After filling their stations. fifteen years they may retire, and in that cafe, the king may grant penfions to the chief juftice of the king's bench of 3,800.; to the chief justice of the common pleas, and chief baron of the exchequer 3,300l. each, and to the other judges and barons 2,6col. each.

OTHER COURTS. Those already described are the principal courts for the trial of questions where the chief effect is compensation for injury, or restoration of right; the tribunals which take cognizance of criminal matters alone will be fubfequently confidered. The court of parliament has already been treated of at large in the first volume, where it occupies a diftinct fection; the court of chivalry is alfo noticed in the fame volume, page 492.; and at pages 178. and 179., as much mention as is neceffary is made of the court of the fteward of the king's household, and the court, or board of green cloth. Various courts have been abolished as useless or oppreffive; fuch are the courts of augmentations, first-fruits and tenths, now no longer neceffary; and the courts of high commiffion and ftar chamber, which by their tyrannical proceedings difgraced and incenfed the country. This latter court was of very ancient origin, but as new modelled by ftat. 3 Hen. VII. c. 1, and 21 Hen. VIII. c. 20., confifted of divers lords fpiritual and temporal, being privy counfellors, together with two judges of the courts of common law, without the intervention of any jury. Their jurifdiction extended legally over riots, perjury, mifbehaviour of fheriffs, and other notorious mifdemeanors. Yet this was afterwards (as Lord Clarendon informs us) ftretched "to the afferting of all proclamations and orders of state; to "the vindicating of illegal commiffions and grants of mono"polies; holding for honourable that which pleased, and for "juft that which profited, and becoming both a court of law "to determine civil rights, and a court of revenue to enrich "the treasury: the council table by proclamations enjoining to "the people that which was not enjoined by the laws, and "prohibiting that which was not prohibited; and the ftar"chamber, which confifted of the fame perfons in different "rooms, cenfuring the breach and difobedience to those proVOL. II.

L17

"clamations

"clamations by very great fines, imprisonments, and corporal "feverities: fo that any disrespect to any acts of state, or to "the persons of statesmen, was in no time more penal, and "the foundations of right never more in danger to be de"ftroyed." For these reasons it was abolished by 16 Chas. I. c. 10. to the general joy of the nation. From the just odium into which this tribunal had fallen before its diffolution, few memorials have reached us of its nature, jurifdiction, and practice; except fuch as, on account of its enormous oppreffion, are recorded in the hiftories of the times. There are however to be met with fome reports of its proceedings in Dyer, Croke, Coke, and other reporters of that age, and fome in manufcript; and there is in the British Museum (Harl. MSS. Vol. I. No. 1226.) a very full, methodical, and accurate account of the conftitution and courfe of this court, compiled by William Hudson of Gray's Inn, an eminent practitioner in it. This account has been published in the fecond volume of Collectanea Juridica. A fhort account of the same court with copies of all its procefs may also be found in 18 Rymer's Foedera 192. In the fecond volume of a collection of curious difcourfes by eminent antiquaries, published by Thomas Hearne, there is a paper by Mr. Tate, entitled Camera Stellata, or an explanation of the most famous court of Star Chamber, together with an account of the offences there punishable, the fees payable, and the orders for proceeding therein, which not only defcribes and explains, but vindicates and extols the principles and practice of this justly unpopular tribunal.

WESTMINSTER HALL. The fuperior courts are held in Weftminster Hall. The royal palace at Westminster was built by Edward the Confeffor, and many parts of the original ftructure still exift, though funk into other ufes. Succeeding monarchs added much to it. The great hall was built by William Rufus, or poffibly rebuilt, as a great hall was always deemed a neceffary appendage to a palace. The entrance from New Palace-yard was bounded on each fide by towers, magnificently ornamented with numbers of ftatues in rows above each other, many of which are now loft: A mutilated figure of an armed man, fuppofed to have been one of these ftatues, was discovered under the exchequer stair-cafe in 1781. In this hall and contiguous rooms, Henry III. entertained fix thousand poor men, women, and children, on new year's day, 1236. It became ruinous before the reign of Richard II. who rebuilt it in its prefent form in 1397; and in 1399 kept his Christmas in it with his characteristic magnificence. The cognizance of this unfortunate monarch, a white hart couchant under a tree, is ftill to be feen rudely carved in stone, as one of the ornaments furrounding the hall. Twenty-eight

oxen,