The judicial council (consiliarii Augusti, later called consistorium), composed of persons of the highest rank (especially jurists), became a permanent body of advisers, although merely consultative.
Arbitration differs from Mediation in so far as it is a judicial act, whereas Mediation involves no decision, but merely advice and suggestions to those who invoke its aid.
It soon became evident, however, that the Porte was endeavouring to obstruct the execution of the new reforms. Several months passed without any step being taken towards this realization; difficulties were raised with regard to the composition of the international commissions charged with the reorganization of the gendarmery and judicial system; intrigues were set on foot against the Christian governorgeneral; and the presence of a special imperial commissioner, who had no place under the constitution, proved so injurious to the restoration of tranquillity that the powers demanded his immediate recall.
It established the usual type of government under a bailiff (schout) and judicial assessors (scabini, or schoppenen), the overlord's supremacy being guarded, and an appeal lying from the court of the scabini, in case of their disagreement, to Utrecht.
Courts of justice, however, do not grant reprieves by way of dispensation from the penalties of the law, which is not for the judicial department, but for temporary purposes, e.g.
As the laws and procedure are uniform throughout the republic and all decrees and findings have legal effect everywhere, the state judicial organizations may be considered as taking the place of district federal courts, although the constitution does not declare them so.
Penance accompanied by the judicial absolution of the priest makes a true sacrament.
Over and above the authority delegated to the ordinary councils or courts, a reserve of judicial power was believed to reside in the king, which was invoked as of grace by the suitors who could not obtain relief from any inferior tribunal.
A far ruder outlook on life, however, which has again and again appealed to some form of the divine cognizance by means of the ordeal and the oath, frequently supplements the moral issues of this world by the judicial award of the next.
Assisted no doubt by their judicial control, the Eupatridae also tended to become sole owners of the land, reducing the original freeholders or tenants to the position of serfs.