But as touching the Common Administration of Justice between Party and Party, and accommodating of the Rules, and of the Methods and Orders of Proceding, he did the most, at least of any King since William I and left the same as a fix'd and stable Rule and Order of Proceeding, very little differing from that which we now hold and practice, especially as to the Substance and principal Contexture thereof.
It would be the Business of a Volume to set down all the Particulars, and therefore I shall only give some short Observations touching the same.
First, He perfectly settled the Great Charter, and Charta de Foresta, not only by a Practice consonant to them in the Distribution of Law and Right, but also by that solemn Act passed 25 E. I. and stiled Confirmationes Cartarum.
Secondly, He established and distributed the several Jurisdictions of Courts within their proper Bounds. And because this Head has several Branches, I shall subdivide the same, viz.
1. He check'd the Incroachments and insolencies of the Pope and the Clergy, by the Statute of Carlisle.
2. He declared the Limits and Bounds of the Ecclesiastical Jurisdiction, by the Statute of Circumspecte Agatis & Articuli Cleri. For note, Tho' this later Statute was not publisbed till Edw. 2, yet was compiled in the Beginning of Edw. I.
3. He established the Limits of the Court of Common Pleas, perfectly performing the Direction of Magna Charta, Qiuod Communia Placita non sequantur Curia nostra, in relation to B. R. and in express Terms extending it to the Court of Exchequer by the Statute of Articuli super Chartas, cap. 4. It is true, upon my First reading of the Placita de Banco of Edw. I. I found very many Appeals of Death, of Rape, and of Robbery therein; and therefore I doubted, whether the same were not held at least by Writ in the Common Pleas Court: But upon better Inquiry, I found many of the Records before Justices Itinerant were enter'd or fill'd up among the Records of the Common Pleas, which might occasion that Mistake.
4. He establish'd the Extent of the Jurisdiction of the Steward and Marshal. Vide Articuli super Chartas, cap. 3. And, 5. He also settled the Bounds of Inferior Courts, not only of Counties, Hundreds, and Courts Baron, which he kept within their proper and narrow Bounds, for the Reasons given before; and so gradually the Common Justice of the Kingdom came to be administred by Men knowing in the Laws, and conversant in the great Courts of B. R. and C. B. and before Justices Itinerant;and also by that excellent Statute of Westminster 1. cap. 35. he kept the Courts of Great Men within their Limits, under several Penalties, wherein ordinarily very great Incroachments and Oppressions were exercised.
The Third general Observation I make is, He did not only explain, but excellently enforc'd, Magna Charta, by the Statute De Tallagio non concedendo, 34 E. I.
Fourthly, He provided against the Interruption of the Common Justice of the Kingdom, by Mandates under the Great Seal, or Privy Seal, by the Statute of Articuli super Chartas, cap 6. which, notwithstanding Magna Charta, had formerly been frequent in Use.
Fifthly, He settled the Forms, Solemnities, and Efficacies of Fines, confining them to the Common-Pleas, and to Justices Itinerant, and appointed the Place where they brought the Records after their Circuits, whereby one common Repository might be kept of Assurances of Lands; which he did by the Statute De modo levandi Fines, 18 E. I.
Sixthly, He settled that great and orderly Method for the Safety and Preservation of the Peace of the Kingdom, and suppressing of Robberies, by the Statute of Winton.
Seventhly, He settled the Method of Tenures, to prevent Multiplicity of Penalties, which grew to a great Inconvenience, and remedied it by the Statute of Quia Emptores Terrarum, 18 E.
I.
Eighthly, He settled a speedier Way for Recovery of Debts, not only for Merchants and Tradesmen, by the Statutes of Acton, Burnel, & de Mercatoribus, but also for other Persons, by granting an Execution for a Moiety of the Lands by Elegit.
Ninthly, He made effectual Provision for Recovery of Advowsons and Presentations to Churches, which was before infinitely lame and defective, by Statute Westminster 2. cap. I.
Tenthly, He made that great Alteration in Estates from what they were formerly, by Statute Westminster 2. cap. 1. whereby Estates of Fee-Simple, conditional at Common Law, were turn'd into Estates-Tail, not removable from the Issue by the ordinary Methods of Alienation; and upon this Statute, and for the Qualifications hereof, are the Superstructures built of 4 H. 7. cap. 32, 32 H. 8. and 33 H. 8.
Eleventhly, He introduced quite a new Method, both in the Laws of Wales, and in the Method of their Dispensation, by the Statute of Rutland.
