A statute, emphatically termed the ' Grand Assize,' enabled the
defendant, if he thought proper, to abide by the testimony of the
twelve good and lawful knights, chosen by four others of the
vicinage, and whose oaths gave a final decision to the contested
claim,." 1 Palgrave's Rise and Progress of the English
Commonwealth, 261.
"From the moment when the crown became accustomed to the
'Inquest,' a restraint was imposed upon every branch of the
prerogative. The king could never be informed of his rights, but
through the medium of the people. Every 'extent' by which he
claimed the profits and advantages resulting from the casualties
of tenure, every process by which he repressed the usurpations of
the baronage, depended upon the 'good men and true' who were
impaneled to 'pass' between the subject and the sovereign; and
the thunder of the Exchequer at Westminster might be silenced by
the honesty, the firmness, or the obstinacy, of one sturdy knight
or yeoman in the distant shire.
Taxation was controlled in the same manner by the voice of those
who were most liable to oppression. * * A jury was impaneled to
adjudge the proportion due to the sovereign; and this course was
not essentially varied, even after the right of granting aids to
the crown was fully acknowledged to be vested in the parliament
of the realm. The people taxed themselves; and the collection of
the grants was checked and controlled, and, perhaps, in many
instances evaded, by these virtual representatives of the
community.
The principle of the jury was, therefore, not confined to its
mere application as a mode of trying contested facts, whether in
civil or criminal cases; and, both in its form and in its
consequences, it had a very material influence upon the general
constitution of the realm. * *The main-spring of the machinery of
remedial justice existed in the franchise of the lower and lowest
orders of the political hierarchy. Without the suffrage of the
yeoman, the burgess, and the churl, the sovereign could not
exercise the most important and most essential function of
royalty; from them he received the power of life and death; he
could not wield the sword of justice until the humblest of his
subjects placed the weapon in his hand." 1 Palgrave's Rise and
Progress of the English Constitution, 274 7.
Coke says,
"The court of the county is no court of record, [19]
and the suitors are the judges thereof." 4 Inst.) 266.
Also, "The court of the Hundred is no court of record, and the
suitors be thereof judges." 4 Inst., 267.
Also, "The court-baron is a court incident to every manor, and is
not of record, and the suitors be thereof judges." 4 Inst.,
268.
Also, "The court of ancient demesne is in the nature of a
court-baron, wherein the suitors are judges, and is no court of
record." 4 Inst., 269.
Millar says,
Public-domain text, read in full here on John Shaqi.
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