"But there is one species of courts constituted by act of
Parliament, in the city of London, and other trading and populous
districts, which, in their proceedings, so vary from the course
of the common law, that they deserve a more particular
consideration. I mean the court of requests, or courts of
conscience, for the recovery of small debts. The first of these
was established in London so early as the reign of Henry VIII.,
by an act of their common council; which, however, was certainly
insufficient for that purpose, and illegal, till confirmed by
statute 3 Jac. I., ch. 15, which has since been explained and
amended by statute 14 Geo. II., ch. 10. The constitution is this:
two aldermen and four commoners sit twice a week to hear all
causes of debt not exceeding the value of forty shillings; which
they examine in a summary way, by the oath of the parties or
other witnesses, and make such order therein as is consonant to
equity and good conscience.i * * * Divers trading towns and
other districts have obtained acts of Parliament, for
establishing in them courts of conscience upon nearly the same
plan as that in the city of London.
"The anxious desire that has been shown to obtain these several
acts, proves clearly that the nation, ingeneral, is truly
sensible of the great inconvenience arising from the disuse of
the ancient county and hundred courts, wherein causes of this
small value were always formerly decided with very little trouble
and expense to the parties. But it is to be feared that the
general remedy, which of late hath been principally applied to
this inconvenience, (the erecting these new jurisdictions,) may
itself be attended in time with very ill consequences; as the
method of proceeding therein is entirely in derogation of the
common law; and their large discretionary powers create a petty
tyranny in a set of standing commissioners; and as the disuse of
the trial by jury may tend to estrange the minds of the people
from that valuable prerogative of Englishmen, which has already
been more than sufficiently excluded in many instances. How
much rather is it to be wished that the proceedings in the county
and hundred courts could be again revived, without burdening
the freeholders with too frequent and tedious attendances; and
at the same time removing the delays that have insensibly crept
into their proceedings, and the power that either party has of
transferring at pleasure their suits to the courts at Westminster!
And we may, with satisfaction, observe, that this experiment has
been actually tried, and has succeeded in the populous county of
Middlesex, which might serve as an example for others. For by
statute 23 Geo. II., ch. 33, it is enacted:
1. That a special county court shall be held at least once in a
month, in every hundred of the county of Middlesex, by the county
clerk.
Public-domain text, read in full here on John Shaqi.
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