These courts, it must be considered, were very numerous, 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, 80.) 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. [11] 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
bailiff's, 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. [12] 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.
Public-domain text, read in full here on John Shaqi.
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