The judicial power thus
invested in the people was extensive; they were able to preserve
their rights, and attended this court in arms.
[21] "It was the freemen in Germany, and the possessors of land
in England, who were suitors (jurors) in the hundred court. These
ranks of men were the same. The alteration which had happened in
relation to property had invested the German freemen with land or
territory."
"As the communication, however, and intercourse, of the
individuals of a German community began to be wider, and more
general, as their dealings enlarged, and as disputes arose among
the members of different hundreds, the insufficiency of these
courts for the preservation of order was gradually perceived. The
shyre mote, therefore, or county court, was instituted; and it
formed the chief source of justice both in Germany and England.
"The powers, accordingly, which had been enjoyed by the court of
the hundred, were considerably impaired. It decided no longer
concerning capital offences; it decided not concerning matters of
liberty, and the property of estates, or of slaves; its
judgments, in every case, became subject to review; and it lost
entirely the decision of causes, when it delayed too long to
consider them.
Pages:
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235