FREE BOOKS

Author's List




PREV.   NEXT  
|<   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84  
85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   >>   >|  
s, and held very frequent sessions. There were probably seven, eight, or nine hundred courts _a month_, in the kingdom; the object being, as Blackstone says, "_to bring justice home to every man's door_." (_3 Blackstone_, 30.) The number of the _county_ courts, of course, corresponded to the number of counties, (36.) The _court-leet_ was the criminal court for a district less than a county. The _hundred court_ was the court for one of those districts anciently called a _hundred_, because, at the time of their first organization for judicial purposes, they comprised (as is supposed) but a hundred families.[44] The court-baron was the court for a single manor, and there was a court for every manor in the kingdom. All these courts were holden as often as once in three or five weeks; the county court once a month. The king's judges were present at none of these courts; the only officers in attendance being sheriffs, bailiffs, and stewards, merely ministerial, and not judicial, officers; doubtless incompetent, and, if not incompetent, untrustworthy, for giving the juries any reliable information in matters of law, beyond what was already known to the jurors themselves. And yet these were the courts, in which was done all the judicial business, both civil and criminal, of the nation, except appeals, and some of the more important and difficult cases.[45] It is plain that the juries, in these courts, must, of necessity, have been the sole judges of all matters of law whatsoever; because there was no one present, but sheriffs, bailiffs, and stewards, to give them any instructions; and surely it will not be pretended that the jurors were bound to take their law from such sources as these. In the second place, it is manifest that the principles of law, by which the juries determined causes, were, as a general rule, nothing else than their own ideas of natural equity, _and not any laws of the king_; because but few laws were enacted, and many of those were not written, but only agreed upon in council.[46] Of those that were written, few copies only were made, (printing being then unknown,) and not enough to supply all, or any considerable number, of these numerous courts. Beside and beyond all this, few or none of the jurors could have read the laws, if they had been written; because few or none of the common people could, at that time, read. Not only were the common people unable to read their own language, but, at the time of Ma
PREV.   NEXT  
|<   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84  
85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   >>   >|  



Top keywords:

courts

 

hundred

 

county

 

number

 

juries

 

judicial

 

written

 

jurors

 
present
 

judges


matters
 

people

 

common

 
bailiffs
 

sheriffs

 
stewards
 
incompetent
 

officers

 

Blackstone

 

criminal


kingdom

 

manifest

 
determined
 

general

 
sources
 

principles

 

instructions

 

whatsoever

 
surely
 

pretended


equity

 

Beside

 

sessions

 

numerous

 

considerable

 

supply

 

frequent

 

language

 
unable
 
unknown

enacted

 

natural

 

necessity

 

agreed

 

printing

 

copies

 

council

 

attendance

 

counties

 

district