Of Great Sessions in Wales. Of the Isle of same force, strength, and effect in law, to all intents and purposes, as fines duly levied with proclamations before the Queen's justices of the Common Pleas at Westminster. 13. Upon the reduction of Wales, courts of justice were erected there, in which all pleas of real and personal actions were to be held; and fines of lands situated there are levied in those courts under the authority of the statute 34 & 35 Hen. VIII. c. 26. § 41., by which it is enacted, that all fines levied before the justices of Wales, of lands, tenements, and hereditaments situated within their jurisdiction, with proclamations made the same session that the said fine shall be engrossed, and in the two other great sessions then next to be holden within the same county, shall be of the same force and effect, to all intents and purposes, as fines levied with proclamations be of, that be levied before the justices of the Common Pleas of England. 14. The Isle of Ely is a royal franchise; the bishop having, by a grant from King Henry I., jura regalia, 4 Inst. 220. whereby he exercises both a civil and criminal jurisdiction; and therefore fines are levied in a court held by the bishop's justices, of all lands situated within that franchise. Of Ancient 2 Inst. 513. 15. It has been stated, that tenants in ancient demesne could not sue or be sued for their lands in the King's courts, but had the privilege of having justice administered to them in the court of the manor by writ of droit close, directed to the lord of the manor whereof the lands were held. 16. In consequence of this privilege, no fine can be levied in the Court of Common Pleas at Westminster of lands held in ancient demesne; for that would be a wrong to the lord of whom the lands were holden, as they would by that means become frank fee, and not impleadable in his court. But as such tenants were allowed to prosecute actions in the court of the manor, they were also permitted to compound their suits there; by which means fines have at all times been levied of lands held in ancient demesne, upon little writs of right close, in the court of the manor. 17. It was found, by special verdict, that the lands in question were held of the manor of Wormelow, which was de antiquo dominico coronæ domini regis et antecessorum suorum, impleadable in the court of the manor per parvum breve de recto clauso, coram seneschallo sectatoribus et domesmen ejusdem manerii, sive eorum locum tenent. et attornat. And that And that upon writs of right close, fines had been time out of mind levied, and leviable in the same court. That Thomas Guillym was seised in tail of the said lands, and being so seised, in 22 Cha. I. a fine was levied in the said court, secundum consuetud. prædict., before A. B. locum tenent. W. Kyrle seneschalli et R. attornat. J. S. & W.attornat. J. N. ad tunc sectator. et domesmen ejusdem curiæ. Then the fine was set forth, which appeared to have been levied before the attornies of the suitors, in placito conventionis secundum consuetudinem manerii, &c. It was determined by Lord Holt and the other Judges, that a fine might be levied of lands held in ancient demesne, in the court of the manor, though it was not a court of record; because it was but agreeable to the power of that court in other instances, for they might proceed to try the mise joined Dyer, 111 in a writ of right close, which was of a higher nature than a fine; whereas, in all other inferior courts, on the mise joined, the cause must be removed into the ante, f 5. Fitz.N. B.12. Court of Common Pleas by recordari. And the statute 18 Edw. I. de modo levandi fines, was but de claratory of the common law, and was made to rectify a mistake, that fines were leviable in inferior courts, upon bills or plaints, which could not be, either by grant or custom, by reason of the negative words of that statute. But this did not extend to courts of ancient demesne, for then the stat. 18 Edw. I. would make fines of those lands leviable in the Court of Common Pleas ; which was not the case; such fines infra, c. 14. being reversible by the lord, So that tenants in ancient demesne would be under a double disadvantage; for a fine could not be levied of their lands in any 4 Bro. Ca. in court. This judgement was affirmed by the House of Lords. Parl. 66. Towns. Of Cities and 18. Fines may be levied in the courts of cities and Waring v. of Coventry, before the mayor and bailiffs; and alsò a fine levied in the court of Fordwick, to which King Henry VIII. was a party. A fine of this kind is, however, void, and may be reversed, unless it appear that the court had a power of taking fines. 19. In a writ of error to reverse a fine levied in Cro.Eliz.314. Shrewsbury, before the bailiffs there, the first error assigned was, that it did not appear they had any authority to take fines; and they could not have it by prescription, or by general words in the King's grant. The Court said, the fine was void; it not appearing by what authority it was levied; for it was in derogation of the Crown, and of its profits pro licentia concordandi. take the Ac· Fines. 20. With respect to the persons who may take the Who may acknowledgement of fines, it appears that originally knowledgethose who were desirous of levying fines, acknow- ment of ledged the concord in person, in open court. And fines are still frequently acknowledged in the same manner; the parties appearing personally at the bar of the Court of Common Pleas. But fines may also be acknowledged out of court. Chief Justice of the Com mon Pleas. 21. The Lord Chief Justice of the Court of Common Pleas may alone take the acknowledgement of a fine out of court; a privilege peculiar to that office, Co. Read. 9. and which seems to be derived from custom and 2 Inst. 512. usage; for it does not appear that this power is given by any statute. But if the Lord Ch. J. of the Court Dyer, 220 b. of Common Pleas be a party to the writ, he cannot take the acknowledgement of the fine, quia judex in propria causa. A rule which extends to all other judges and commissioners. 22. By the statute 34 & 35 Hen. VIII. c. 26. § 40. Justices of it is enacted, that fines shall and may be taken before Wales. the justices of Wales, of lands, tenements, and hereditaments situated within their jurisdiction, by force of their general commission, without any writ of dedimus potestatem to be sued for the same, in like manner and form as is used to be taken before the King's Chief Justice of the Common Pleas in England. Writ of De tatem. 23. The great inconvenience of compelling old and Commissioninfirm persons to travel from the most remote parts of ers under a the kingdom to Westminster, produced a regulation dimus Poteswhich is usually called the statute of Carlisle, but which, in fact, is a writ addressed by Edw. II. to the 15 Edw II. judges, for their government in taking the, acknow- 1 Inst. 512, ledgement of fines. It ordains, that all parties who would acknowledge or render their rights or tenements to another by fine, should appear personally ante, § 11. "Pro before the justices, so that their age, idiocy, or any 24. In consequence of this regulation, a special commission issues out of the Court of Chancery, called a writ of dedimus potestatem, directed to a certain number of commissioners, reciting, that a writ of covenant is depending before the Justices of the Court of Common Pleas, between certain persons therein named, who are incapable, from infirmity, of appearing personally before the court, and authorizing the commissioners to take the acknowledgement of the said parties concerning the matters contained in the writ; and directing them to certify such acknowledgement, under their hands and seals, to the Court of Common Pleas. 25. It has been stated, that by the statute 43 Eliz. fines may be levied in the court of the county of the city of Chester. By the 5th section of that statute it is enacted, that upon all original writs purchased out of the Court of Exchequer of the county of |