called by that name[1]; and who probably gave the ſame denomination to the diſtrict out of which they were choſen. Caeſar ſpeaks poſitively of the judicial power exerciſed in their hundred-courts and courts-baron. "Principes regionum, atque pagorum," (which we may fairly conſtrue, the lords of hundred and manors) "inter ſuos jus dicunt, controverſiaſque minuunt "[2]. And Tacitus, who had examined their conſtituſion ſtill 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 themſelves a ſhare in the determination. "Eliguntur in conciliis et principes, qui jura per pagos vicoſque reddunt: centeni ſingulis, ex plebe comites, conſilium ſimul et auctoritas, adſunt[3]." This hundred-court was denominated haereda in the Gothic conſtitution[4] . But this court, as cauſes are equally liable to removal from hence, as from the common court-baron, and by the ſame writs, and may alſo be reviewed by writ of falſe judgment, is therefore fallen into equal diſuſe with regard to the trial of actions.
IV. The county court is a court incident to the juriſdiction of the ſheriff. It is not a court of record, but may hold pleas of debt or damages under the value of forty ſhillings[5]. Over ſome of which cauſes theſe inferior courts have, by the expreſs words of the ſtatute of Glouceſter[6], a juriſdiction totally excluſive of the king's ſuperior courts. For in order to be entitled to ſue an action of treſpaſs for goods before the king's juſticiars, the plaintiff is directed to make affidavit that the cauſe of action does really and bona fide amount to 40s: which affidavit is now unaccountably diſuſed<ref>b</re>, except in the court of exchequer. The ſtatute alſo 43 Eliz. c. 6. which gives the judges in all perſonal actions, where the jury aſſeſs leſs damages than 40s, a power
u Centeni ex ſingulis pagis ſunt, idque ipſum inter ſuos vocantur; et, quod primo numeras ſuit, jam nomen et honor eſt. 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 Inſt. 266. a 6 Edw. I. c. 8. b 2 Inſt. 391.
