"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.
"Every subject of claim or contention was brought, in the first
instance, or by appeal, to the _county court_; and the _earl_, or
_eorldorman_, who presided there, was active to put the laws in
execution. He repressed the disorders which fell out within the circuit
of his authority; and the least remission in his duty, or the least
fraud he committed, was complained of and punished. He was elected from
among the great, and was above the temptation of a bribe; but, to
encourage his activity, he was presented with a share of the territory
he governed, or was entitled to a proportion of the fines and profits of
justice. Every man, in his district, was bound to inform him concerning
criminals, and to assist him to bring them to trial; and, as in rude and
violent times the poor and helpless were ready to be oppressed by the
strong, he was instructed particularly to defend them.
"His court was ambulatory, and assembled only twice a year, unless the
distribution of justice required that its meetings should be oftener.
Every freeholder in the county was obliged to attend it; and should he
refuse this service, his possessions were seized, and he was forced to
find surety for his appearance. The neighboring earls held not their
courts on the same day; and, what seems very singular, no judge was
allowed, after meals, to exercise his office.
"The druids also, or priests, in Germany, as we had formerly occasion to
remark, and the clergy in England, exercised a jurisdiction in the
_hundred_ and _county_ courts. They instructed the people in religious
duties, and in matters regarding the priesthood; and the princes, earls,
or _eorldormen_, related to them the laws and customs of the community.
These judges were mutually a check to each other; but it was expected
that they should agree in their judgments, and should willingly unite
their efforts for the public interest.[66]
Public-domain text, read in full here on John Shaqi.
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