Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
The three courts at Westminster--the King's Bench, Common Pleas, and
Exchequer--consisting each of four or five judges, administered justice
to the whole kingdom; the first having an appellant jurisdiction over
the second, and the third being in a great measure confined to causes
affecting the Crown's property. But as all suits relating to land, as
well as some others, and all criminal indictments, could only be
determined, so far as they depended upon oral evidence, by a jury of the
county, it was necessary that justices of assize and gaol-delivery,
being in general the judges of the courts at Westminster, should travel
into each county, commonly twice a year, in order to try issues of fact,
so called in distinction from issues of law, where the suitors,
admitting all essential facts, disputed the rule applicable to them.[6]
By this device, which is as ancient as the reign of Henry II., the
fundamental privilege of trial by jury, and the convenience of private
suitors, as well as accused persons, was made consistent with an uniform
jurisprudence; and though the reference of every legal question, however
insignificant, to the courts above must have been inconvenient and
expensive in a still greater degree than at present, it had doubtless a
powerful tendency to knit together the different parts of England, to
check the influence of feudality and clanship, to make the inhabitants
of distant counties better acquainted with the capital city and more
accustomed to the course of government, and to impair the spirit of
provincial patriotism and animosity. The minor tribunals of each county,
hundred, and manor, respectable for their antiquity and for their effect
in preserving a sense of freedom and justice, had in a great measure,
though not probably so much as in modern times, gone into disuse. In a
few counties there still remained a palatine jurisdiction, exclusive of
the king's courts; but in these the common rules of law and the mode of
trial by jury were preserved. Justices of the peace, appointed out of
the gentlemen of each county, enquired into criminal charges, committed
offenders to prison, and tried them at their quarterly sessions,
according to the same forms as the judges of gaol-delivery. The
chartered towns had their separate jurisdiction under the municipal
magistracy.
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