Of common right the constable is to be chosen by the jury in the leet; and if the party chosen be present, be ought to take the oath in the leet; if absent, before justices of the peace. If he refuse to accept the office, or to be sworn, the steward may fine him. If the party chosen be absent and refuses, the jury may present his refusal at the next court, &nil then he is amerced. But a person chosen con stable in his absence ought to have notice of his election. A man damus lice to the steward of a leet to swear in a constable chosen by the jury. By 13 & 14 Car. IL, cap. 12, when a constable dies or goes out of the parish, any two justices may make and swear si new one until the lord shall hold a court-leet; and if any officer continue above a year In his office, the justices in their quarterssaisions may dis charge him, and put another in his place until the lord shall hold a court. But the justices at session, cannot discharge a constable appointed at the lost ; and though they can appoint constables until the lord shall hold a court, they cannot appoint for a Vmr, or till others be chosen. A person chosen constable who is deficient in honesty, knowledge, or ability, may be discharged by the legit or by the Court of King's Bench as unfit. The steward may set a resannable fine on a constable or tithingsnan refusing to make presentments.
Though the leet has long ceased to be the principal and ordinary court of criminal jurisdiction, Its power and authority have been enlarged by several statutes, which give it cognisances over offences newly crystal, and It does not appear to have been at any Ono directly abridged by legislative interference. The business of the court has chiefly been affected by the creation of concurrent jurisdictions, par ticularly that of justices of the peace (Jr:snots OF TIIE PEACE], who have cognisance of the same matters, as well as of many others over which the courtslmt has no jurisdiction. Justices of the peace are always accessible, whereas the court-loot is open only at distant intervals, and for a short period, unions it be continued by adjournment, which can only take place for the despatch of existing business. Another cause of the these tribunals is that except in a very few awes the jurisdiction of the lest is confined to offence. punishable at common law. In statutes providing for the repression of new offences, the leet is commonly pared over in favour of justices of the peace. Blackstone reckons "the almost entire disuse and contempt of the court-leet and sheriff's tours, the king's ancient courts of common law formerly much revered and respected, among the mischievous effects of the change in the administration of Natio) by summary proceed Inge before justices of the peace," It was not, however, left to the learned ocaninentator to make this discovery. In the course of the very reign which witnessed the introduction of the modern system of j maces of the peace, we find the Commons remonstrating against the violation of the Saxon principle of self-government and domestic administration of justice, melting from the encroachments made upon the ancicut jurisdiction of the led by giving to the new tribunal of the justices of the peace a concurrent jurisdiction in matters usually brought before the court lett, and an exclusive jurisdiction in other important matters. In the last year of Edward III. (1377), the
Common', by their petition in parliament, prayed the king that no justice of the peace should inquire of anything cognisable in the courts of lords who had view of frank-pledge, or of anything cognisable in any city or borough within their district, and should attend only to the keeping of the peace and the enforcing of the statute of labourers. To this petition the king returned the following unsatisfactory answer :—" The statutes heretofore made cannot be kept if the petition be granted." At this time, and until the passing of 27 Hen.
c. 24, offences in beets were alleged to be against the lord's peace, not the king's.
IV. Manlier of holding the Court-leet.
The common notice of holding the court is said to be three or four days ; but it is now usual to give fifteen days' notice. An amercement at a court of which sufficient notice has not been given is void. But even where there is a clear prescriptive usage to give a certain number of days' notice, tho resiants =not disturb the holding of the court on the ground that such notice has not been given.
The functions of the steward of a court-leet are mostly, if not wholly, judicial. Ministerial acts are to be performed by an inferior officer called the bedcl or bailiff, who of common right is appointed by the lord or steward, though by custom he may be chosen by the jury, and sworn with the other officers chosen at the led ; and whera in a leet appendant to a borough, the bailiff so chosen has a discretionary power in impannelling the jury, this important function is a sufficient ground for issuing a quo warrant° to inquire into the title of the party exercising it. The steward, at the customary or at a resalable time before the holding of the court, issues a precept under his seal, addressed to the bailiff of the lect, commanding him to warn the resiants to appear at the time and place appointed for holding the court, and to summon a jury. The notice may be given in the church or market, according to the usage of the particular place; but it is said that if it be not an ancient leet, personal notice is necessary. According to the course most usually pursued. the steward opens the court by directing the court to be proclaimed ; and this being the king's court, it is necessary that three proclamations should be made. This is doue by the bailiffs crying ' Oyes' (hear) three times, and then saying once 'All manner of persons who are resiant or decinera and do owe suit royal to this lest, come in and do your suit and answer to your names upon pain and peril which shall ensue.' The bailiff then delivers to the steward a list of persons summoned as jurymen, together with the suit or regent roll. The suitsroll is then called over, and those resiants who are absent are marked to be amerced. The bailiff then makes three other proclamations, by crying' Oyea' three times, and then saying ' If any man will be essoigneci, come in, and you shall be heard.' The steward having called for the essoigns, enters them. The essoigns should regularly be adjourned to the next court for examination in the court roll or book.