Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/47

Ch. 4. called by that name ; and who probably gave the ame denomination to the ditrict out of which they were choen. Caear peaks poitively of the judicial power exercied in their hundred-courts and courts-baron. "Principes regionum, atque pagorum," (which we may fairly contrue, the lords of hundred and manors) "inter uos jus dicunt, controveriaque minuunt ". And Tacitus, who had examined their contituion till more attentively, informs us not only of the authority of the lords, but of that of the centeni, the hundredors, or jury; who were taken out of the common freeholders, and had themelves a hare in the determination. "Eliguntur in conciliis et principes, qui jura per pagos vicoque reddunt: centeni ingulis, ex plebe comites, conilium imul et auctoritas, adunt ." This hundred-court was denominated haereda in the Gothic contitution. But this court, as caues are equally liable to removal from hence, as from the common court-baron, and by the ame writs, and may alo be reviewed by writ of fale judgment, is therefore fallen into equal diue with regard to the trial of actions.

county court is a court incident to the juridiction of the heriff. It is not a court of record, but may hold pleas of debt or damages under the value of forty hillings. Over ome of which caues thee inferior courts have, by the expres words of the tatute of Glouceter, a juridiction totally excluive of the king's uperior courts. For in order to be entitled to ue an action of trepas for goods before the king's juticiars, the plaintiff is directed to make affidavit that the caue of action does really and bona fide amount to 40s: which affidavit is now unaccountably diued b, except in the court of exchequer. The tatute alo 43 Eliz. c. 6. which gives the judges in all peronal actions, where the jury aes les damages than 40s, a power

u ''Centeni ex ingulis pagis unt, idque ipum inter uos vocantur; et, quod primo numeras uit, jam nomen et honor et. Tac. de mor. Germ.'' c. 6. w ''de bell. Gall. l.'' 6. c. 22, x ''de morib. German.'' c. 13. y Stiernhook, l. 1. c. 2. z 4 Int. 266. a 6 Edw. I. c. 8. b 2 Int. 391. Rh