"The anxious desire that has been shown to obtain these several acts,
proves clearly that the nation, in general, 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_.
2. _That twelve freeholders of that hundred, qualified to serve on
juries, and struck by the sheriff, shall be summoned to appear at
such court by rotation_; so as none shall be summoned oftener than
once a year.
3. That in all causes not exceeding the value of forty shillings,
_the county clerk and twelve suitors (jurors) shall proceed in a
summary way_, examining the parties and witnesses on oath, without
the formal process anciently used; _and shall make such order therein
as they shall judge agreeable to conscience_."--_3 Blackstone_,
81-83.
What are these but courts of conscience? And yet Blackstone tells us
they are a _revival of the ancient hundred and county courts_. And what
does this fact prove, but that the ancient common law courts, in which
juries sat, were mere courts of conscience?
Public-domain text, read in full here on John Shaqi.
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