"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,
originally 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. Cæsar 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, centeni singulis, ex plebe comites concilium 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 _hæreda_ 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."--_3 Blackstone_, 34, 35.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account