History of English Literature Volume 1 (of 3)Taine, Hippolyte
History
History of English Literature Volume 1 (of 3)
Taine, Hippolyte
English literature -- History and criticism
"There is in every county a certain officer, called the king's sheriff,
who, amongst other duties of his office, executes within his county all
mandates and judgments of the king's courts of justice: he is an annual
officer; and it is not lawful for him, after the expiration of his year,
to continue to act in his said office, neither shall he be taken in
again to execute the said office within two years thence next ensuing.
The manner of his election is thus: Every year, on the morrow of
All-Souls, there meet in the King's Court of Exchequer all the king's
counsellors, as well lords spiritual and temporal, as all other the
king's justices, all the barons of the Exchequer, the Master of the
Rolls, and certain other officers, when all of them, by common consent,
nominate three of every county knights or esquires, persons of
distinction, and such as they esteem fittest qualified to bear the
office of sheriff of that county for the year ensuing. The king only
makes choice of one out of the three so nominated and returned, who, in
virtue of the king's letters patent, is constituted High Sheriff of that
county."
He contrasts the Roman procedure, which is satisfied with two witnesses
to condemn a man, with the jury, the three permitted challenges, the
admirable guarantees of justice with which the uprightness, number,
repute, and condition of the juries surround the sentence. About the
juries he says:
"Twelve good and true men being sworn, as in the manner above related,
legally qualified, that is, having, over and besides their movables,
possessions in land sufficient, as was said, wherewith to maintain their
rank and station; neither inspected by, nor at variance with either of
the parties; all of the neighborhood; there shall be read to them, in
English, by the Court, the record and nature of the plea."[171]
Thus protected, the English commons cannot be other than flourishing.
Consider, on the other hand, he says to the young prince whom he is
instructing, the condition of the commons in France. By their taxes, tax
on salt, on wine, billeting of soldiers, they are reduced to great
misery. You have seen them on your travels....
Public-domain text, read in full here on John Shaqi.
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