Manslaughter, and when a forfeiture of goods, and when not 463-4 Cutting out of tongues, and putting out of eyes, made felony · - 464 464 464 465 Two high constables for every hundred, and one petty constable The court of Marshalsea erected, and its jurisdiction within 465 - 466 Sheriff's Tourn instituted upon the division of England into counties: the charge of this court was committed to the earl of the same county Subdivision of the county courts into hundreds The charge of the county taken from the earls, and committed yearly to such persons as it pleased the king - 466 - 466 466 - 467 - 467 - 467 - 467 The sheriff is judge of all hundred courts not given away from Hundred courts, to whom first granted Lord of the hundred to appoint two high constables Justices of peace ordained in lieu of conservators; of placing and displacing of justices of peace by use delegated from power of the justice of peace to fine the offenders to the crown, and not to recompense the party grieved Authority of the justices of the peace, through whom ran all the · The authority of justices of the peace out of their sessions The authority of the judges in eyre translated by Parliament The authority of the justices of assizes much lessened by the Court of Common Pleas, erected in Henry III. time The justices of assize have at this day five commissions by the peace Book allowed to clergy for the scarcity of them to be disposed The course the judges hold in their circuits in the execution The justices of the peace and the sheriff are to attend the judges The reservations in knight's service tenure are four Knight's service in capite is a tenure de persona regis The institution of socage in capite, and that it is now turned How manors were at first created Knight's service tenure reserved to common persons • 482 Villenage or tenure by copy of court roll Court baron, with the use of it What attainders shall give the escheat to the lord He that standeth mute forfeiteth no lands, except for treason He that killeth himself forfeiteth but his chattels Flying for felony a forfeiture of goods Lands entailed escheat to the king for treason A person attainted may purchase, but it shall be to the king's use 487 Property of lands by conveyance is first distributed into estates, for years, for life, in tail, and fee simple Leases for years go to the executors, and not to the heirs Of the new device, called a perpetuity, which is an entail with - 488 - 488 • 488 The last and greatest estate in land is fee simple Page Where the intestate had bona notabilia in divers diocesses, then the archbishop of that province where he died is to commit administration 502 An executor may refuse the executorship before the bishop, if he have not intermeddled with the goods 502-3 An executor ought to pay, 1. Judgments. 2. Stat. Recog. 5. Servants' Wages. 6. Head workmen. 7. Shop book, Debts due in equal degree of record, the executor may pay But it is otherwise with administrators Property by legacy 503 - 503 - 503 - 504 504 Legacies are to be paid before debts by shop books, bills unsealed, or contracts by word An executor may pay which legacy he will first. Or if the executors do want, they may sell any legacy to pay debts - 504 When a will is made, and no executor named, administration is to be committed cum testamento annexo 504 |