"The meeting (the county court) was opened with a discourse by
the bishop, explaining, out of the Scriptures and ecclesiastical
canons, their several duties as good Christians and members of
the church. After this, the alderman, or one of his assessors,
made a discourse on the laws of the land, and the duties of good
subjects and good citizens. When these preliminaries were over,
they proceede to try and determine, first the causes of the
church, next the pleas of the crown, and last of all the
controversies of private parties." 8 Henry's History of Great
Britain, 348.
This view is corroborated by Tyrrell's Introduction to the
History of England; p. 83-84, and by Spence's Origin of the Laws
and Political Institutions of Modern Europe, p. 447, and the note
on the same page. Also by a law of Canute to this effect, In
every county let there be twice a year an assembly, whereat the
bishop and the earl shall be present, the one to instruct the
people in divine, the other in human, laws. Wilkins, p. 136.
"But the prince or earl performed not, at all times, in person,
the obligations of his office. The enjoyment of ease and of
pleasure, to which in Germany he had delivered himself over,
when disengaged from war, and the mean idea he conceived
of the drudgery of civil affairs, made him often delegate to an
inferior person the distribution of justice in his district. The
same sentiments were experienced by the Saxon nobility;
and the service which they owed by their tenures, and the high
employments they sustained, called them often from the
management of their counties. The progress, too, of commerce,
giving an intricacy to cases, and swelling the civil code, added
to the difficulty of their office, and made them averse to its duties.
Sheriffs, therefore, or deputies, were frequently appointed to
transact their business; and though these were at first under
some subordination to the earls, they grew at length to be
entirely independent of them. The connection of jurisdiction and
territory ceasing to prevail, and the civil being separated from
the ecclesiastical power, they became the sole and proper
officers for the direction of justice in the counties.
"The hundred, however, and county courts were not equal of
themselves for the purposes of jurisdiction and order. It was
necessary that a court should be erected, of supreme authority,
where the disputes of the great should be decided, where the
disagreeing sentiments of judges should be reconciled, and where
protection should be given to the people against their fraud and
injustice.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account