[Footnote 38: _Medletis_, or, as in Harl. Cotton. and Bodl. MSS. _melletis_. From Bracton it is to be collected, that some instances of this offence fell under the Jurisdiction of Lords of Franchise, and on their default, reverted to the Sheriff; whilst other instances fell under cognizance of the crown, a distinction confirmed by the Reg. Majestatem (vide Bracton 154. B. Reg. Maj. L. 1. c. 2.) The term is said to be derived from the French _mesler_. (Vide 3 Inst. 66. Spelm. Gloss. and Cowell’s Interpreter.)] [Footnote 39: The Reg. Maj. makes this allegation a ground of the Sheriff’s Jurisdiction (L. 1. c. 3.) “In this distinction, between the Sheriff’s Jurisdiction and that of the King, we see the reason of the allegation in modern Indictments and Writs, “_vi et armis_,” “_of the king’s crown and dignity_,” “_the king’s peace_,” and “_the peace_,” this last expression being sufficient, after the peace of the Sheriff had ceased to be distinguished as a separate Jurisdiction.” (Vide Reeves’s Hist. Eng. Law. 1. 113.)] CHAP. III. Civil Pleas are divided into such as are discussed and determined in the King’s Court only, and such as fall within the Jurisdiction of the Sheriffs of Counties. In the former Court, are discussed and determined, all such Pleas as concern Baronies, Advowsons of Churches, questions of condition, Dower, when the Woman has been entirely debarred from receiving it; for breach of Fine made in the King’s Court; concerning the performing of Homage, and the receiving of Reliefs, and concerning Purprestures,[40] and Debts owing by lay persons. These Pleas, indeed, relate to the propriety of the thing only: concerning those which refer to the possession, and which are discussed and decided by Recognitions,[41] we shall speak in their proper place. [Footnote 40: Our author explains this term, B. 9. c. 11.] [Footnote 41: _Recognitiones._ Upon the words _facere recognitionem_, Sir Edward Coke thus comments.—“_Cognitio_ is knowledge or knowledgement, or opinion, and Recognition is a serious acknowledgement, or opinion upon such matters of fact as they shall have in charge, and thereupon the Jurors are called _Recognitores Assisæ_,” (Vide Co. Litt. 158. b.) Our author treats largely on Recognitions in the 12th Book, to which we refer the reader.] CHAP. IV. To the Sheriffs of Counties these Pleas appertain: the Plea concerning the Right of Freehold, when the Courts of the Lords are proved to have failed in doing justice, the nature of which we shall speak of in another place; and the Plea concerning Villeins-born: such Pleas being, in each instance,[42] sanctioned by the King’s Writ.[43]