"The county court is a court incident to the jurisdiction of the
sheriff. It is not a court of record, but may hold pleas of debt,
or damages, under the value of forty shillings; over some of
which causes these inferior courts have, by the express words of
the statute of Gloucester, (6 Edward I., eh. 8,) a jurisdicton
totally exclusive of the king's superior courts. * * The county
court may also hold plea of many real actions, and of all
personal actions to any amount, by virtue of a special writ,
called a justicies, which is a writ empowering the sheriff, for
the sake of despatch, to do the samee justice in his county court
as might otherwise be had at Westminster. The freeholders of the
county court are the real judges in this court, and the sheriff
is the ministerial ofhcer. * * In modern times, as proceedings
are removable from hence into the king's superior courts, by writ
of pone or recordari, in the same manner as from hundred courts
and courts-baron, and as the same writ of false judgment may be
had in nature of a writ of error, this has occasioned the same
disuse of bringing actions therein." 3 Blackstone, 36, 37.
"Upon the whole, we cannot but admire the wise economy and
admirable provision of our ancestors in settling the distribution
of justice in a method so well calculated for cheapness,
expedition, and ease. By the constitution which they established,
all trivial debts, and injuries of small consequence, were to be
recovered or redressed in every man's own county, hundred, or
perhaps parish." 3 Blackstone, 59.
[22] It would be wholly erroneous, I think, to infer from this
statement of Stuart, that either the "priests, princes, earls, or
eorldormen" exercised any authority over the jury in the trial of
causes, in the way of dictating the law to them. Henry's account
of this matter doubtless gives a much more accurate
representation of the truth. He says that anciently
[23] There was no distinction between the civil and criminal
courts, as to the rights or powers of juries.
[24] This quaint and curious book; (Smith's Commonwealth
of England) describes the minutiae of trials, giving in detail
the mode of impaneling the jury and then the conduct of the
lawyers, witnesses, and court I give the following extracts,
tending to show that the judges impose no law upon the juries,
in either civil or criminal cases but only require them to
determine the causes according to their consciences.
In civil causes he says:
Public-domain text, read in full here on John Shaqi.
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