In Germany "It was the business of the great to command in war,
and in peace they distributed justice.
"The princes in Germany were earls in England. The great
contended in both countries in the number of their retainers, and
in that splendor and magnificence which are so alluring to a rude
people; and though they joined to set bounds to regal power, they
were often animated against each other with the fiercest hatred.
To a proud and impatient nobility it seemed little and unsuiting
to give or accept compositions for the injuries they committed or
received; and their vassals adopting their resentment and
passions, war and bloodshed alone could terminate their quarrels.
What necessarily resulted from their situation in society, was
continued as a privilege; and the great, in both countries, made
war, of their private authority, on their enemies. The Saxon
earls even carried their arms against their sovereigns; and,
surrounded with retainers, or secure in fortresses and castles,
they despised their resentment, and defied their power.
"The judges of the people, they presided in both countries in
courts of law. [3] The particular districts over which they
exerted their authority were marked out in Germany by the council
of the state; and in England their jurisdiction extended over the
fiefs and other territories they possessed. All causes, both
civil and criminal, were tried before them; and they judged,
except in cases of the utmost importance, without appeal. They
were even allowed to grant pardon to criminals, and to correct by
their clemency the rigors of justice. Nor did the sovereign
exercise any authority in their lands. In these his officers
formed no courts, and his writ was disregarded.
"They had officers, as well as the king, who collected their
revenues, and added to their greatness; and the inhabitants of
their lands they distinguished by the name of subjects.
"But to attend the general assembly of their nation was the chief
prerogative of the German and Saxon princes; and as they
consulted the interest of their country, and eliberated
concerning matters of state, so in the king's court, of which
also they were members, they assisted to pronounce judgment in
the complaints and appeals which were lodged in it." Ditto, p.
158 to 165.
Henry says:
Public-domain text, read in full here on John Shaqi.
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