362 WEIT8 OF ASSISTANCE, 1558-1700 July but probably the reason would be found by a study of the cir- cumstances of each individual case. Writs of assistance were regularly sent to the judges of the three common law courts down to the passing of the Judicature Act of 1873 ; l since that date they have been issued to the judges of the high court of justice and the court of appeal, though in recent years writs have been sent only when the need has arisen for consulting the judges on some legal question, and not as a matter of course at the begin- ning of every parliament. 2 In addition to providing the lords with advice on technical legal points, the judges, as was pointed out above, sometimes sat on committees of the lords when law bills were under discussion, or sometimes had bills committed to them for examination, 3 though after 1600 the more usual cusfom was to summon them to attend on the lords' committee ; 4 they were also sometimes called upon to draft the amendments the lords proposed to a bill or even the whole bill itself, 5 and it was the duty of two of them to carry to the commons all messages relating to bills which concerned the Crown or the royal family — an obligation which survived well into the nineteenth century — and on rare occasions they carried important messages relating to other matters. 6 But on the whole throughout this period the part that they play seems to be rapidly decreasing in importance. Like the peers themselves, the judges were supposed to obtain leave of absence from the house if they desired to go into the country for a few days, but, though this was often done, 7 the 1 There is one curious exception: in 1702, according to the Parliament Pawn> only the two chief justices, the chief baron, and the master of the rolls were sum- moned, yet it looks very much as though this Pawn were inaccurate or unfinished, for on 2 March 1705, in this same parliament, it is ordered that two judges are to stay in town to attend the house of lords (Lords' Journals, xvii. 686). 2 May, Law and Usage of Parliament, 12th ed., p. 183. This change of custom was partially anticipated by the Protectorate parliament of 1658 (see below). 3 e.g. Lords' Journals, i. 690, 19 May 1571. 4 See above, p. 361, n. 1. 5 e. g. in the case of .the Statute of Proclamations, 12 June 1539 (Lords' Journals, i. 118). On 30 June 1685 the judges were ordered to draft acts for the return of able and sufficient jurors and the mending of highways (ibid. xiv. 69) ; on 14 November 1689 to prepare a bill for regulating non obstantes (ibid. xiv. 342) ; cf. also ibid. xiv. 528, 22 October 1690. 6 May, Law and Usage of Parliament, pp. 183, 531. A message in regard to Mon- mouth's declaration was borne to the commons by the chief baron and another baron of the exchequer on 15 June 1685 (Lords' 1 Journals, xiv. 41), and one in regard to the attainder of Monmouth on the same day by two justices (ibid. xiv. 42), but there is also one carried to the commons by a justice and a baron of the exchequer on 30 June 1685 which is concerned merely with a bill for the continuance of laws (ibid. xiv. 69). Still earlier — in 1661-2 — messages in regard to an act dealing with grants of land by the king (ibid. xi. 346), to one for the reversal of Strafford's attainder (ibid. xi. 387), and to a proposed conference on a message from the king (ibid. xi. 356, 19 December 1661) were carried down to the commons by a justice and a baron. 7 e.g. Lords' Journals, xi. 57, 8 June 1660 ; this leave of the house was necessary even if the judge had to go into the country to assist at the assizes ; cf ibid. xiv. 299 f
