The sittings of the above superior courts are held only during term (Qv.), when they are said to sit in bane (q.v.), and decide on all questions of law that may arise in the actions brought before them. But questions of fact, unless both parties consent to leave them to the lecision of the court (17 and 18 Vict. c. 125, s. 1), are decided by a jury, and the courts in which they are tried are held out of term-Ame, before one or two judges only, not necessarily of the court to which the action belongs. These trials take place either on circuit (q. v.), or at the Lyndon and Westminster sittings, which are in or after every term, and in either case are called trials at nisi prius. The verdict is returned to the court to which the action belongs, by which it is disposed of according to law.
The authority of the superior courts of C. L. extends over the whole of England, and over common law rights of every description. But since the remodelling of the county courts, it has been enacted by several statutes, with a view to discourage resort to such high judicatures in trifling cases, that in some species of actions in which less than £20, and in other species in which less than £5 shall be recovered. in the superior courts, no costs shall be allowed the plaintiff, unless the judge who tries the case shall certify that there was sufficient reason for its being brought in the superior courts.
The inferior courts are restricted both in respect of place and matter. They were extremely numerous, but now nearly all have been formally abolished; but they are now, with few exceptions—the principal of which is the modern county court (q.v.)— matter of interest to the antiquary rather than either to the practical lawyer or the public. They may therefore be passed over with very brief explanation.
The court baron was a court composed of the tenants of each lord of a manor. It might decide on all real actions (now abolished) arising within the manor, and ou per sonal actions below the value of 40s., but subject to review by the court at Westminster. In a manor comprising copyholds (q.v.), it is still of importance. The hundred court
wag a similar court, composed of the freeholders within the hundred (q.v.), and had like powers with the court baron. The court of pie poudre, or dusty foot, was held by the steward of a manor to which a market belongs, for the decision of all questions of bargaining at the markets. The forest courts, of several classes, were for the preser vation of the beasts of the chase, and the protection of the subject from oppression by the officers of the forest. The courts of request in boroughs were for the recovery of small debts, but are now abolished.
A few borough courts still exist, and are held under the presidency of the recorder (q.v.). From theta, a writ of error lies to the superior courts. The /ord mayor's court, and the city court, in the city of London, have a of business. The court of hustings in London is practically obsolete. The court of the cinque ports is held before the mayor and jurats of each port, from which error lies to the lord warden of the cinque ports court at Shepway, and thence to the queen's bench. The stannary courts in Cornwall and Devonshire are also still in use, and exclude, as to the tin-workers, the jurisdiction of all other courts, except in pleas of land, life, or member. They aro held before the vice-warden of the stannaries, and appeal lies only to the warden, assisted by two of the judges; and thence to the high court (2 and 3 Viet. c. 58, 18 and 19 Vict. c. 32, and 32 and 33 Vict. c. 19). There are in some counties also barmotecourts, for regulating questions relating to the mines (14 and 15 Vict. c. 94). The courts of the chancellors of the universities of Oxford and Cambridge have also exclusive jurisdiction (except as regards freeholds), where the defendant is resident in the town, and a scholar or privileged member of the university is a party.
The court of common pleas in Lancaster, and the court of pleas in Durham, have jurisdiction in all personal actions, and now form part of the high court of justice.