"_But the prince or earl performed not, at all times, in person, the
obligations of his office._ The enjoyment of ease and of pleasure, to
which in Germany he had delivered himself over, when disengaged from
war, and the mean idea he conceived of the drudgery of civil affairs,
_made him often delegate to an inferior person the distribution of
justice in his district_. The same sentiments were experienced by the
Saxon nobility; and the service which they owed by their tenures, and
the high employments they sustained, called them often from the
management of their counties. The progress, too, of commerce, giving an
intricacy to cases, and swelling the civil code, added to the difficulty
of their office, and made them averse to its duties. _Sheriffs,
therefore, or deputies, were frequently appointed to transact their
business; and though these were at first under some subordination to the
earls, they grew at length to be entirely independent of them. The
connection of jurisdiction and territory ceasing to prevail, and the
civil being separated from the ecclesiastical power, they became the
sole and proper officers for the direction of justice in the counties._
"The _hundred_, however, and _county_ courts, were not equal of
themselves for the purposes of jurisdiction and order. It was necessary
that a court should be erected, of supreme authority, where the disputes
of the great should be decided, where the disagreeing sentiments of
judges should be reconciled, and where protection should be given to the
people against their fraud and injustice.
"The princes accordingly, or chief nobility, in the German communities,
assembled together to judge of such matters. The Saxon nobles continued
this prerogative; and the king, or, in his absence, the chief
_justiciary_, watched over their deliberations. But it was not on every
trivial occasion that this court interested itself. In smaller concerns,
justice was refused during three sessions of the _hundred_, and claimed
without effect, at four courts of the county, before there could lie an
appeal to it.
"So gradually were these arrangements established, and so naturally did
the varying circumstances in the situation of the Germans and
Anglo-Saxons direct those successive improvements which the preservation
of order, and the advantage of society, called them to adopt. The
admission of the people into the courts of justice preserved, among the
former, that equality of ranks for which they were remarkable; and it
helped to overturn, among the latter, those envious distinctions which
the feudal system tended to introduce, and prevented that venality in
judges, and those arbitrary proceedings, which the growing attachment to
interest, and the influence of the crown, might otherwise have
occasioned."--_Stuart on the Constitution of England_, p. 222 to 245.
Public-domain text, read in full here on John Shaqi.
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