Studies in Historical and Political Science; Extra Volumes Volume 4

Studies in Historical and Political Science; Extra Volumes Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...missi nostri ubicunque malos scabineos inveniunt, eiciant, et totius populi concensu in loco eorum bonos eligant. Et cum electi fuerint, iurare faciant ut scienter-iniuste indicare non debeant: " Oapit. 829, c. 2, Walter, II, 382. How many were nominated for each graftschaft is uncertain; and while seven seem usually to have been selected for a particular session, in practice the number greatly varied. On the whole subject see Waitz, Verfassungsgesch., IV, 325 fi; Warnkoenig, Franz. Staats-und Rechtsgescln, I, 150fl'; Rogge, Das Ger1'chtswesen, 74-5; Schulte, Reichs-und RecIlsgesch., 382-3. Savigny, Hist. of Roman Law, I, 217 fi'., holds that the scabini only lightened the duties of the bani hmnines or freemen who might still act with the former as judges; and this is true for some places. Cf. Waitz, IV, 339. III.--THE OLD ENGLISH HUNDRED. (a).--T he Primitive Constitution. Almost no trustworthy information exists as to the origin of the hundred in Britain. It is remarkable that here as elsewhere its primitive history must be pieced together from a few obscure references in the early codes which take for granted a knowledge of the institution and make no attempt at systematic explanation. The hundred is first mentioned in the laws of Eadgar, ' where it appears as a geographical area' employed as the unit of the judicial and peace administration; and shortly thereafter we learn that it is a subordinate division of the shire. But it is probable that the institution, if not the name, existed from the earliest Teutonic settlement in England.3 On the authority of William of Malmsbury its creation is popularly ascribed to Aelfred;' and while this cannot be literally true in the sense intended, there is reason to more

Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • United States
  • English
  • black & white illustrations
  • 1236942078
  • 9781236942074