iners.

"But a mode of administration which intrusted so much power to the great
could not long be exercised without blame or injustice. The German,
guided by the candor of his mind, and entering into all his engagements
with the greatest ardor, perceived not, at first, that the chieftain to
whom he submitted his disputes might be swayed, in the judgments he
pronounced, by partiality, prejudice, or interest; and that the
influence he maintained with his followers was too strong to be
restrained by justice. Experience instructed him of his error; he
acknowledged the necessity of appealing from his lord; and the court of
the Hundred was erected.

"This establishment was formed both in Germany and England, by the
inhabitants of a certain division, who extended their jurisdiction over
the territory they occupied.[65] They bound themselves under a penalty
to assemble at stated times; _and having elected the wisest to preside
over them, they judged, not only all civil and criminal matters_, but of
those also which regarded religion and the priesthood. The judicial
power thus invested in the people was extensive; they were able to
preserve their rights, and attended this court in arms.

"As the communication, however, and intercourse, of the individuals of a
German community began to be wider, and more general, as their dealings
enlarged, and as disputes arose among the members of different hundreds,
the insufficiency of these courts for the preservation of order was
gradually perceived. The _shyre mote_, therefore, or _county court_, was
instituted; and it formed the chief source of justice both in Germany
and England.

"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,