Hither might have been referred the advantages which used to arise to the king from the profits of his military tenures, to which most lands in the kingdom were subject, until the statute 12 Car. 2. c. 24, which, in a great measure abolished them all. 2 BI. Com. 286.

BUT, a doctrine which I assert to be a relict, to pun upon a word, of this truly feudal system, and a principle of the military tenures, is, that a subject cannot throw off his alle giance when he quits the feud. This the government of England,* if not the jurists, assert not to be the offspring of that system, but to stand upon a broader base, that of the common law, antecedent to the introduction of feuds. They even attempt to prove it upon the basis of universal law. They are willing to admit, with all their culogium on the rights of Englishmen, that an individual can no more escape from that kingdom, than a dog with a collar about his neck, but is liable to be restrained: or than if he were a slave that had escapcd ex ergastulo, or work-house among the Romans. As between the government, and the individual, it is one thing; but when the protection of a foreign government attaches, it is another. As for the individual, it will be in vain for him to talk of the natural right, and liberty of an Englishman, when the crocodile has him in his jaws. But as to the foreign government which has received him, the only question will be the right to protect him, and the power. As to the right to protect him, I may consider it something farther, in the course of this publication. As to the power, I leave it to our administration; and can only say, that being myself persuaded of the right, I would give it up only with my last

breath.

--Nisi cum vita simul amittet.

It is a principle, of the application of which the British are not aware, when they insist upon it.

Nescis quam legem in te sanciris iniquam.

*There would seem to be a chain still fastened to the foot of

that people.

Does it not operate as in the nature of an estoppel to them, that they themselves impatriate?

Will they venture in the face of this, or without having such a face, to carry that claim into effect, so far as respects the protection of foreign nations. They did not think it prudent in the revolutionary war, in the case of general Lee, nor in the case of Napper Tandy, nor will they think it prudent in any case in the present war. They have the example of Napoleon before them, as to this claim of perpetual subjection; but the example of the iron, or any other crown, will not paralize the American spirit, in contending for the freedom of mankind, in opposition to this imprisonment of any one in an enchanted island.*

"As to the power of charging lands with the debts of the owner." 2 Bl. Com. 289.

BLACKSTONE here speaks of the lien of a judgment as in the nature of a pawn. The judgment binds, and gives a pledge, subject to discharge by the payment of the debt; and such judgment binds without limitation of time. But by an act of assembly of 4th April, 1798, it is enacted, "that no judgment now on record in any court within this commonwealth, shall continue a lien on the real estate of the person, against whom the same has been entered, during a longer term than five years, from and after the passing of this act, unless the person who has obtained such judgment, or his legal representatives, or other persons interested, shall, within the said term of five years, sue out of the court, wherein the same has been entered, a writ of scire facias, to revive the same."

Sec. 2, provides "that no judgment, hereafter entered

*See Mr. Duponceau's note, page 175, to his translation of Binkershoeck's Quest. jur. pub.

"It is lawful to emigrate from France, and it is so wherever the country is not a prison."

&c. shall continue a lien, &c. during a longer term than five years, &c. unless the person, &c. shall, within the said term of five years, sue out a writ of scire facias, to revive the same."

Sec. 3. provides for the proceedings to revive a judgment, viz. "that all such writs shall be served on the terrtenants, &c. and also on the defendant, &c. and where the land is not in the immediate occupation of any person, and defendant, &c. not to be found, proclamation shall be made in open court, at two succeeding terms, &c. and the court, unless sufficient cause to prevent the same is shewn at or before the second term subsequent to the issuing of such writ, shall direct and order the revival of any such judgment, during another period of five years, and so from period to period."

Sec. 4. disables from commencing or maintaining suit on bonds given as sureties for public officers, after the expiration of seven years from the time at which the cause of action shall have accrued.

The question has arisen under this act whether the purchaser of land which had been subject to the lien of a judg ment, and who had not notice of the judgment, was in any better situation than the plaintiff in the judgment. By the opinion of the supreme sourt of this state in the case of the bank of North America, v. Fitzimmons, it was decided, that notice or not notice had nothing to do with the act. 3. Bin. 343.

Mr. Smith in his note to this act, 3d. 332, takes no notice of this decision; whence, it is presumable that it was made prior to the decision in 3 Bin. He gives at full length the opinion of judge Washington of the circuit court of the United States, which was impliedly considered by the state judges (Tilghman and Brackenridge) to be erroneous, as having gone upon the mistake of an assimulation to the statute of enrolments, registry act, &c. in England. Judge Yeates being a stock-holder in the bank, did not give an opinion.

The next species of subordinate magistrates, whom I am to consider, are Justices of the Peace. 1 Bl. Com. 349.

THERE is no civil jurisdiction given to the justice of the peace by the law of England; but his authority is, as the title imports, merely in matters of the peace. But from an early period in Pennsylvania, jurisdiction of civil controversies had been given by successive acts of assembly; and from time to time, enlarging the sphere of jurisdiction, as to the nature of the complaint made; or, as to the sum demanded, whether on a contract, or in the case of trespass. The constitution of the state recognizes this, by Art. V. viz. thejudicial power of this commonwealth shall be vested, &c. &c. &c. in justices of peace. This would seem to exclude, vi termini, the vesting single justices with any other jurisdiction than that of the peace. But the constitution must be supposed to use the term according to the well known, popular acceptation of it, as comprehending matters of a civil jurisdiction, as well as of the peace. The jurisdiction of the justices of the peace, therefore, extends beyond mere matters of the peace, and comprehends civil matters, in like manner with the county court, in England, "which is held every month, or oftener, by the sheriff, intended to try little causes not exceeding the value of 40 shillings." So that the civil jurisdiction of justices is derived, entirely from positive law; and was originally confined, as the county court in England, to debts or demands under 40 shillings. Chief Justice Hale, in his considerations touching the amendment, or alterations of laws, Chap. 7, (Hargrave's Law Tracts, 249,) gives the reasons of such jurisdiction in small matters to the county court, and suggests an increase of jurisdiction. The heading of the chapter is, "The present inconveniences relating to courts of justice; and first touching the county court." He then proceeds;

"By the true and wise constitution of this kingdom, suites, where the debt or damage amount not to 40s. were not to be determined in the courts of Westminster, unless a title of land came in question; but they were to be determined in the county court,

hundred court, or court baron. And this was the ancient law. . Vid. stat. Glocest. 6. E. 1. At that time 40s. was a considerable sum, 1. in respect of the intrinsecal value of the coin, for then 20d. made an ounce of silver, and at this day it is 5s. viz. sixty pence, and upon that single account forty shillings then, ariseth now to six pounds. But 2. that was not all; for, as I may say, money was at that time dearer than it is now, because there was not so much. And hence it is, that the prices of all things at this day, are much dearer now than they were then; because money is much more plenty now than it was then, as it will appear to any that looks into the proclamations of prices and commodities, both in the beginnings of iters and parliaments in the times of E. 1. and E. 2. Vid. Rot. Parl. 8. E. 2. n. 29. in schedula, a proclamation for the price of victuals, viz. a fat ox fatted with corn, 248.a fat cow, 128.-a fat hog, 40d.-a fat mutton unshorn, 20d.—a fat mutton shorn, 14d.— —a fat hen, 1d.-24 eggs, 1d. which evidences a great advance of the price of things at this day, besides the advance of the extrinsecal denomination of money.

"By this, that hath been said, it is apparent, 1. That it was the wise constitution of the common law, to keep small suites from the great courts at Westminster. 2. That if an equal proportion in the denomination of small suites were held, that if 40s. were the lowest measure of the suites to be commenced in these great courts, at least ten pounds would be the lowest measure at this day.

"And yet it is very apparent to any man that converseth with business, that, divide the suites that come down to the assizes to be tryed at the great courts, near one half thereof are under 40s. at least in some counties, besides those many, that are ended upon process serving and before they come to tryall.

"And yet there is not one of those suites brought to tryall, but at this day stands each of the parties in at least 107. but if it pass for either, there is an allowance that recovers four times as much cost, as the principal amounts to, viz. at least eight pounds. "And by this means, 1st. Suites are multiplied. 2. Expences and charges are multiplied. 3. Attornies and solicitors multiplied.

"There have been several attempts in parliament to remedy this, viz. the statute of 43. Eliz. cap. 6. 21. Jac. cap. 16. But they have proved ineffectual, partly by the mutual connivance of attorneys and practicers, to decline the benefit of these statutes, because it would abridge their employment and profit; partly by