Commissions of Enquiry
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of the King's Bench |
English Reports Citation: 77 E.R. 1312
King's Bench Division
[31] commissions of enquiry. Trin. 5 Jac. 1. Commissions in English illegal. Note, commissions in English under the Great Seal were directed to divers commissioners within the counties of Bedford, Bucks, Huntingdon, Northampton, Leicester, and Warwick, to enquire of divers articles annexed to it; and the articles were also in English, to enquire of depopulation of houses, converting of arable land into pasture, &c. But the commissioners should not have any power to hear and determine the said offences, but only to enquire of them ; and by colour of the said commissions, the said commissioners took many presentments in English, and did return them into the Chancery ; and after, sail. Trin. 5 Jac. it was resolved by the two Chief Justices, and by Walmsley, Fenner, Yelverton, Williams, Snigg, Altham, and Foster, that the said commissions were against law for three causes: 1. For this, that they were in English. 2. For that the offences enquirable were riot certain within the commission itself, but in a schedule annexed to it. 3. For this, that it was only to enquire, which is against law, for by this a man may be unjustly accused by perjury, and he shall not have any remedy. 4. For this, that it is not within the statute of 5 Eliz. &c. Also the party may be defamed, and shall not have any traverse to it. Such a commission may be only to enquire of t treason, felony committed,"&c. And no such commission ever was seen, to enquire only, (i.e. of crimes). t Qutere if not treasure-trove and felons' goods. Original of assisos and Nisi Prius. I List. 153 b. '1 Co. 80. 4 Co. 43. 7 Co. 12. 8 Co. 57. 10 Co. 53. 71. 103. II Co. G9. 12 CO. EBP. 32. COMMISSION S 1313 At the common law, assises were not taken but before justices in eyre (who sat virtute brevis, every seventh year. Vide Britton, fo. 1. and Bracton, lib. 5 & 11.) or in the Common Pleas; and this being a great molestation and trouble to the recognitors of assise, which writ for the most part was in use, for the ease of the country, and expedition of justice ; it was provided by Magna Charta, cap. 12. Quod recognitiones de no-va disseisina, et de morte ancestor' non cctpiuntur nisi in suis comitatibus, et hoc modo : nos, vel (si extra regnmn fwrimus) Capitales Justiciarii nostri mitt&ni juslidarios nostros per wnumquemque comitatum semcl in anno, qui, dec. capiant in comitatibus Mis asissas pnedict. and after was the statute...
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Goodman International v Hamilton
...v. Ansbacher & Co. [1987] I.L.R.M. 669. Buckley & Others v. The Attorney General [1950] I.R. 67. Case of the Commission of Enquiry (1608) 12 Co. Rep. 31; 77 E.R. 1312. Central Dublin Development Association v. The Attorney General(1975) 109 I.L.T.R. 69. Clough v. Leahy (1904) 2 C.L.R. 139. ......
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