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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

He possessed a similar jurisdiction with the chieftain in
Germany, and his tenants enjoyed an equal authority with the
German retainers.
"But a mode of administration which intrusted so much power to
the great could not long be exercised without blame or injustice.
The German, guided by the candor of his mind, and entering into
all his engagements with the greatest ardor, perceived not, at
first, that the chieftain to whom he submitted his disputes might
be swayed, in the judgments he pronounced, by partiality,
prejudice, or interest; and that the influence he maintained with
his followers was too strong to be restrained by justice.
Experience instructed him of his error", he acknowledged the
necessity of appealing from his lord; and the court of the
Hundred was erected.
"This establishment was formed both in Germany and England, by
the inhabitants of a certain division, who extened their
jurisdiction over the territory they occupied. [21] They bound
themselves under a penalty to assemble at stated times; and
having elected the wisest to preside over them, they judged, not
only all civil and criminal matters, but of those also which
regarded religion and the priesthood.


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