assuming that there were no Protestants in France, prohibited the most secret exercise of the Reformed religion, and imposed severe penalties. It was impossible fully to carry out this menace. But persecution raged, especially against the pastors. A price was set on the life of Court; and in 1730 he escaped to Lausanne. He had already, with the aid of some of the Protestant princes, established a theological college (“Seminaire de Lausanne”) there, and during the remaining thirty years of his life he filled the post of director. He had the title of deputy-general of the churches, and was really the pillar of their hope. The Seminary of Lausanne sent forth all the pastors of the Reformed Church of France till the days of the first French Empire. Court formed the design of writing a history of Protestantism, and made large collections for the purpose, which have been preserved in the Public Library of Geneva; but this he did not live to carry out. He died at Lausanne in 1760. He wrote, amongst other works, a Histoire des troubles des Cévennes ou de la guerre des Camisards (1760). He was the father of the more generally known Antoine Court de Gebelin (q.v.).
For details of his life see Napoléon Peyrat’s Histoire des pasteurs du désert (1842; English translation, 1852); Edmond Hugues, Antoine Court, histoire de la restauration du protestantisme en France au XVIII e siècle (2nd ed., 1872), Les Synodes du désert (3 vols., 1885–1886), Mémoires d’Antoine Court (1885); E. and E. Haag, La France protestante, vol. iv. (1884, new edition); H. M. Baird, The Huguenots and the Revocation of the Edict of Nantes (1895), vol. ii.; cf. Bulletin de la société de l’histoire du protestantisme français (1893–1906).
COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form cour is due to the influence of the Lat. curia, the word used in medieval documents to translate “court” in the feudal sense), a word originally denoting an enclosed place, and so surviving in its architectural sense (courtyard, &c.), but chiefly used as a general term for judicial tribunals and in the special sense of the household of the king, called “the court.”[1] All law courts were not, however, purely judicial in character; the old county court, for instance, was the assembly of the freeholders of the county in which representatives and certain officers were elected. Such assemblies in early times exercised political and legislative as well as judicial functions. But these have now been almost entirely separated everywhere, and only judicial bodies are now usually called courts. In every court, says Blackstone, there must be three parts,—an actor or plaintiff, reus or defendant, and judex, or judge.
The language of legal fictions, which English lawyers invariably use in all constitutional subjects, makes the king the ultimate source of all judicial authority, and assumes his personal presence in all the courts.
“As by our excellent constitution,” says Blackstone, “the sole executive power of the laws is vested in the person of the king, it will follow that all courts of justice, which are the medium by which he administers the laws, are derived from the power of the crown. For whether created by act of parliament or letters patent, or subsisting by prescription (the only methods by which any court of judicature can exist), the king’s consent in the two former is expressly, in the latter impliedly given. In all these courts the king is supposed in contemplation of law to be always present; but as that is in fact impossible, he is then represented by his judges, whose power is only an emanation of the royal prerogative.”
These words might give a false impression of the historical and legal relations of the courts and the crown, if it is not remembered that they are nothing more than the expression of a venerable fiction. The administration of justice was, indeed, one of the functions of the king in early times; the king himself sat on circuit so late as the reign of Edward IV.; and even after regular tribunals were established, a reserve of judicial power still remained in the king and his council, in the exercise of which it was possible for the king to participate personally. The last judicial act of an English king, if such it can be called, was that by which James I. settled the dispute between the court of chancery and courts of common law. Since the establishment of parliamentary government the courts take their law directly from the legislature, and the king is only connected with them indirectly as a member of the legislative body. The king’s name, however, is still used in this as in other departments of state action. The courts exercising jurisdiction in England are divided by certain features which may here be briefly indicated.
We may distinguish between (1) superior and inferior courts. The former are the courts of common law and the court of chancery, now High Court of Justice. The latter are the local or district courts, county courts, &c. (2) Courts of record and courts not of record. “A court of record is one whereof the acts and judicial proceedings are enrolled for a perpetual memory and testimony, which rolls are called the records of the court, and are of such high and supereminent authority that their truth is not to be called in question. For it is a settled rule and maxim that nothing shall be averred against a record, nor shall any plea or even proof be admitted to the contrary. And if the existence of the record shall be denied it shall be tried by nothing but itself; that is, upon bare inspection whether there be any such record or no; else there would be no end of disputes. All courts of record are the courts of the sovereign in right of the crown and royal dignity, and therefore any court of record has authority to fine and imprison for contempt of its authority” (Stephen’s Blackstone). (3) Courts may also be distinguished as civil or criminal. (4) A further distinction is to be made between courts of first instance and courts of appeal. In the former the first hearing in any judicial proceeding takes place; in the latter the judgment of the first court is brought under review. Of the superior courts, the High Court of Justice in its various divisions is a court of first instance. Over it is the court of appeal, and over that again the House of Lords. The High Court of Justice is (through divisional courts) a court of appeal for inferior courts. (5) There is a special class of local courts, which do not appear to fall within the description of either superior or inferior courts. Some, while administering the ordinary municipal law, have or had jurisdiction exclusive of their superior courts; such were the common pleas of Durham and Lancaster. Others have concurrent jurisdiction with the superior courts; such are the lord mayor’s court of London, the passage court of Liverpool, &c.
The distribution of judicial business among the various courts of law in England may be exhibited as follows.
Criminal Courts.—(1) The lowest is that of the justice of the peace, sitting in petty sessions of two or more, to determine in a summary way certain specified minor offences. In populous districts, such as London, Manchester, &c., stipendiary magistrates are appointed, generally with enlarged powers. Besides punishing by summary conviction, justices may commit prisoners for trial at the assizes. (2) The justices in quarter sessions are commissioned to determine felonies and other offences. An act of 1842 (5 & 6 Vict. c. 38) contains a list of offences not triable at quarter sessions—treason, murder, forgery, bigamy, &c. (see Quarter Sessions, Court of). The corresponding court in a borough is presided over by a recorder. (3) The more serious offences are reserved for the judges of the superior courts sitting under a commission of oyer and terminer or gaol delivery for each county. The assize courts, as they are called, sit in general in each county twice a year, following the division of circuits; but additional assizes are also held under acts of 1876 and 1877, which permit several counties to be united together for that purpose (see Circuit). London, which occupies an exceptional position in all matters of judicature, has a high criminal court of its own, established by the Central Criminal Court Act 1834, under the name of the central criminal court. Its judges usually present are a rota selected from the superior judges of common law, the recorder, common serjeant, and the judge of the City of London court.[2] The criminal appeal court, to which all persons convicted on indictment may appeal, superseded in 1908 (by the Criminal Appeal Act 1907) the court for crown cases reserved, to which any question of law arising on the trial of a prisoner
- ↑ Cf. the German Hof for court-yard, court of law, and royal court.
- ↑ The sittings are held in the court-house in the Old Bailey. The old sessions house was destroyed in the Gordon riots of 1780. The building erected in its place, although enlarged from time to time, was very incommodious, and a new structure, occupying the site of Newgate Prison, which was pulled down for the purpose, was completed in 1907.
