To women it is forbidden by law that they be judges; and thence it
is, that feme coverts are exempted to do suit in inferior courts.
On the other part, a villein cannot be a judge, by reason of the
two estates, which are repugnants; persons attainted of false
judgments cannot be judges, nor infants, nor any under the age of
twenty-one years, nor infected persons, nor idiots, nor madmen,
nor deaf, nor dumb, nor parties in the pleas, nor men
excommunicated by the bishop, nor criminal persons. * * And
those who are not of the Christian faith cannot be judges, nor those
who are out of the king's allegiance." Mirror of Justices, 59 60.
In the section " Of Inferior Courts," it is said:
"From the first assemblies came consistories, which we now call
courts, and that in divers places, and in divers manners: whereof
the sheriffs held one monthly, or every five weeks according to
the greatness or largeness of the shires. And these courts are
called county courts, where the judgment is by the suitors, if
there be no writ, and is by warrant of jurisdiction ordinary. The
other inferior courts are the courts of every lord of the fee, to
the likeness of the hundred courts. There are other inferior
courts which the bailiffs hold in every hundred, from three weeks
to three weeks, by the suitors of the freeholders of the hundred.
All the tenants within the fees are bounden to do their suit
there, and that not for the service of their persons, but for the
service of their fees. But women, infants within the age of
twenty-one years, deaf, dumb, idiots, those who are indicted or
appealed of mortal felony, before they be acquitted, diseased
persons, and excommunicated persons are exempted from doing
suit." Mirror of Justices, 50 51.
In the section "Of the Sheriff's Turns," it is said:
"The sheriff's by ancient ordinances hold several meetings twice
in the year in every hundred; where all the freeholders within the
hundred are bound to appear for the service of their fees."
Mirror of Justices, 50.
The following statute was passed by Edward I., seventy years after
Magna Carta:
"Forasmuch also as sheriffs, hundreders, and bailiffs of
liberties, have used to grieve those which be placed under them,
putting in assizes and juries men diseased and decrepit, and
having continual or sudden disease; and men also that dwelled not
in the country at the time of the summons; and summon also an
unreasonable number of jurors, for to extort money from some of
them, for letting them go in peace, and so the assizes and juries
pass many times by poor men, and the rich abide at home by
reason of their bribes; it is ordained that from henceforth in one
assize no more shall be summoned than four and twenty; and
old men above three score and ten years, being continually sick,
or being diseased at the time of the summons, or not dwelling in
that country, shall not be put in juries of petit assizes." St. 13
Edward I., ch. 38. (1285.)
Public-domain text, read in full here on John Shaqi.
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