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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


"Every subject of claim or contention was brought, in the first
instance, or by appeal, to the county court; and the earl, or
eorldorman, who presided there, was active to put the laws in
execution. He repressed the disorders which fell out within the
circuit of his authority; and the least remission in hi duty, or
the least fraud he committed, was complained of and punished. He
was elected from among the great, and was above the temptation
of
a bribe; but, to encourage his activity, he was presented with a
share of the territory he governed, or was entitled to a
proportion of the fines and profits of justice. Every man, in his
district, was bound to inform him concerning criminals, and to
assist him to bring them to trial; and, as in rude and violent
times the poor and helpless were ready to be oppressed by the
strong, he was instructed particularly to defend them.
"His court was ambulatory, and assembled only twice a year,
unless the distribution of justice required that its meetings
should be oftener.


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