463 Mir. Maofer on the Orizin and pies of Courts of Requeft. [Nov. 
- little weight with your readers, as he 
muft have been an interefied perfon, it will 
be neceflary to contraft it with one in 
every refpect different, namely, that of 
the great luminary of the English law, 
the late Sir William Blackttone. 
‘© There is ({2id this learned Judge) 
one fpecies of courts, conitituted by act 
of Parliament, in the city of London, and 
other populous diftri¢ts, which in their 
proceedings fo vary from the courfe of the 
common law, that they may deferve a 
more particular confideration; I mean the 
Courts of Confcience, or Courts of Re- 
queft. The-firtt of thefe was eftablifhed 
in London fo early’as the reign of Henry 
the Eighth, by an’ aét of the Common 
Council ; which, however, was certainly 
ingdaeueedae the purpofe, and ony 
till confirmed by the ftatute 3d of James I 
chap. xv. which has fince been explained 
and amended by the ftatute 14th Geo. Ti. 
chap. x. The conftituiion 1s this; the 
commiffoners are to decide in a fia ary 
way in all caufes -of debt which do not 
amount to forty fhillings,” ” &e. 
As the nature of the | court has been be- 
fore explained, it is unneceflary to repeat 
it. The learned Judge then proceeds: 
«c The time and expence of obtaining this 
fummary redrefs are very inconfiderable, 
which make it a great benefit; and there- 
upon. divers trading towns, and ae 
diftriats, have obtained acts of Parliamen 
for eftablithi ing in them Courts of Oea 
icie a upon near! ly the fame plan as that 
of London. 
«<< The anxious defire that tes been 
evinced to obtain thefe oe proves clearly, 
bee the nation in general is tm uly fenfible | 
the inconveniencies arifing from the 
difale of the County and Hundred Courts, 
wherein Guiles of this fmall value were 
formerly decided, with very little-trouble 
or expence to the parties: but it is to be 
feared, that the general remedy which has 
Jately hee applied to this inconvenience 
(the “erecting thele new jurifdictions), may 
stfelf be attended, in time, with very ill 
confequences, as the method of proceed- 
ing therein is intirely in derogation of 
common law, as- their large difcretionary 
powers create a petty tyranny in a fet of 
dtanding commiilioners ; and as the difufe 
of the trial by Jury may tend to eftrange 
the minds of the people from that valua ble 
prerogative of Englifhmen, which has 
alrerdy been more than fuliciently ex- 
cluded in many inftances. How much 
rather isit to be wifhed, that the powers 
of the County and Hundred Courts could 
again be revived ?—-—Black fone’ s Com- 
mentaries, vol. it. page 31. 
- Such’ is the opinion of this leaned“) 
Judge refpetting Courts of Confcience: 
in which opinion I certainly concur, as 
far as relates to his apprehenfions with 
regard to the ill confequences that may 
arife from the example given of the difufe 
of Juries in thefe new tribunals; but I 
greatly fear that thefe ill confequences 
would not be avoided by the revival of the 
full powers of the County and Hundred 
Courts; for it is to be obferved, that they 
are ftill, in many parts of the kingdom, in 
pretty extenfive operation. In faét, the 
practice in thefe tribunals* demands legif- 
lative infpeétion and regulation, even more 
than that of the Courts of Confcience; 
and I think it was once the idea of a gen- 
—tleman of the firft legal abilities, and now 
in one of the higheft legal offices, to bring 
in a bill for chat purpole; ; which, I fhould 
conceive, would beane Bee He hats asy 
from obfervation, and all the information 
which I have heen able to éolleét, the 
benefit to the public from the fore is 
not greater than that derived from the 
latter; which are chiefly eftablifhed in 
trading and manufacturmg towns and 
diftricts: and experience thas convinced 
us, that they certainly are, even im their 
prefent ftate, a confiderable relief to the 
inhabitants within their jurifdi@tions, 
though it is equally certain, that their 
fy i ftem is far from being perfeét; indeed 
it is fuch, that to be made extenfively be- 
neficial it fhould undergo a thorough re- 
vifal. As an inftance, thére is in all the 
aéts of Parliament for eftablifhing Courts 
of Requeft, a claufe which prohibits the 
commiffioners. from entertaining any ac- 
“tions upon leafe for lands, tenements, tef- 
taments, trovert, &c. Yet, upon the 
difputes betwixt landlords and tenants, 
reprefentatives, perfons wha have loft 
gocds entrufted to carriers, laundrefles, 
&c. more than half the bufinefs of the 

* In the {mall county of Cardigan the 
number of caufes tried in the Sheriffs Court in 
one year amounted to upwards of three thou- 
fand. It is to be obferved, that in thefe tri- 
bunals in the principality they have only-a 
Jury of fix; and yet in thefe Courts, in con- 
fequence of a writ of jufticies, directed to the 
Sheriff, they have been known to take cog- 
nizance of actions where the matter in litiga- 
ticn has amounted to an hundred pounds | and 
upwards. 
+ Videthe Acts for eftablifhing Courts for 
the recovery of {mall debts in Weitmintter, 
23 Geo. Vi. c, xxvil, and 24 Geo. II. c. xlii, 
Courts _ 

