"A hundred court is only a larger court-baron, being held for all
the inhabitants of a particular hundred, instead of a manor. The
free suitors are here also the judges, and the steward the
registrar, as in the case of a court-baron. It is likewise no
court of record, resembling the former at all points, except that
in point of territory it is of greater jurisdiction. This is said
by Sir Edward Coke to have been derived out of the county court
for the ease of the people, that they might have justice done to
them at their own doors, without any charge or loss of time; but
its institution was probably coeval with that of hundreds
themselves, which were formerly observed to have been
introduced, though not invented, by Alfred, being derived from
the polity of the ancient Germans. The centeni, we may remember,
were the principal inhabitants of a district composed of different
villages, oriinally in number a hundred, but afterward only called
by that name, and who probably gave the same denomination
to the district out of which they were chosen. Caesar speaks
positively of the judicial power exercised in their hundred
courts and courts-baron. 'Princeps regiorum atque pagorum' (which
we may fairly construe the lords of hundreds and manors) 'inter
suos jus dicunt, controversias que minuunt.' (The chiefs of the
country and the villages declare the law among them, and abate
controversies.) And Tacitus, who had examined their constitution
still more attentively, informs us not only of the authority of
the lords, but that of the centeni, the hundreders, or jury, who
were taken out of the common freeholders, and had themselves a
share in the determination. ' Eliguntur in conciliis et
principes, qui jura per pagos vicosque reddunt, centenii
singulis, ex plebe comites comcilium simul et auctoritas adsunt.
(The princes are chosen in the assemblies, who administer the
laws throughout the towns and villages, and with each one are
associated an hundred companions, taken from the people, for
purposes both of counsel and authority.) This hundred court was
denominated haereda in the Gothic constitution. But this court,
as causes are equally liable to removal from hence as from the
common court-baron, and by the same writs, and may also be
reviewed by writ of false judgment, is therefore fallen into
equal disuse with regard to the trial of actions." 8 Blackstone, 34,
85.
Public-domain text, read in full here on John Shaqi.
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