swore falsely, himself, his family, and his houses might be utterly destroyed and extirpated by the divine vengeance.1 In early times, it is said, the parties were obliged to plead their causes themselves. But this severity was afterwards relaxed. Those, who were accused, might avail themselves of the assistance of counsel. The counsel, however, were never permitted, in pleading, to wander from the merits of the cause. This close and pertinent manner of speaking gave the tone to the bar of Athens, and extended itself to the speeches, which were delivered in other assemblies.2 In this manner, we may naturally account for the condensed vehemence so remarkable in the orations of Demosthenes. Let me conclude this account of the Areopagus by mentioning an incident, seemingly of slight importance, but which will not be related without producing, in my hearers, feelings in proper unison with those, which the incident occasioned. A little bird, pursued by its enemy, took refuge in the bosom of one of the judges. Instead of protecting, he stifled it. For this instance of cruelty he received punishment; and was thus taught that he, whose heart is callous to compassion, should not be suffered to have the lives of the citizens at his mercy. You will not, after this, be surprised, when you are told, that the decisions of the Areopagus were deemed the standards of humanity, as well as of wisdom.3 In order to understand, fully and in their true spirit, the juridical institutions of the United States and of Pennsylvania, it will be of the greatest use to take a minute and historical view of the judicial establishments of England; especially those which were formed under the government of the Saxons. 11 Pot. Ant. 106. 22 Gog. Or. L. 23. 32 Anac. 290 Civil governments, in their first institutions, are nothing more than voluntary associations for the purposes of society. When the Saxons first settled in Britain, they found themselves obliged, by the disorders of the times, to associate, in their different settlements, for their mutual security and protection. Families, connected by consanguinity or other ties, found it agreeable, as well as necessary, to live together in the same neighborhood, in order to enjoy the social pleasures of peace, as well as to give and receive assistance in the time of war. These societies. were known by the appellation of vills or towns.1 On some occasions, an association of the same kind was necessary, and it was therefore gradually introduced, between the inhabitants of a larger district. Those larger districts were distinguished by the name of hundreds." The connections and the exigencies of society becoming, on great emergencies, still more important and extensive, the members of different hundreds also associated together, and formed districts larger still, which were denominated shires. The officer who presided over them was called alderman or earl. Hundreders and tythingmen, as their names import, presided over the lesser associations.3 This establishment of tythings, and hundreds, and shires, though, at first, intended chiefly for the mutual defence of the inhabitants, was soon rendered subservient to other purposes, salutary and important. The same motives which induced them to associate for their security against foreign danger, induced them also to take measures for preventing or composing internal differences or animosities. In this manner, a judicial authority was gradually assumed by every tything over the members, of which it was formed. In the same manner and upon the same principles, the hundred exercised the power of determining the controversies, which arose within the bounds of its larger district. In the same manner and upon the same principles still, the shire established a similar jurisdiction over the different hundreds comprehended within its still more extensive territory.1 These courts took cognizance of every cause, civil and criminal; and as, in the first instance, they enjoyed respectively the sole jurisdiction within the boundaries of each, they soon and naturally became subordinate, one to another: from the sentence of the tything, an appeal lay to the hundred, and from the sentence of the hundred, an appeal lay to the shire. It deserves also to be known for it is important to know-that, besides the defence of the country and the decision of law suits, the Saxon tythings, hundreds, and shires were accustomed to deliberate upon matters of still greater consequence. They received complaints concerning the grievances or abuses in administration, which happened within their respective districts, and applied a remedy by introducing new regulations. Thus the heads of families in every tything exercised a legislative power, within their own limits: but were liable to be controlled by the meetings of the hundred, which enjoyed the same power in a larger district: both of these were subordinate to the assemblies of the shire, which possessed a legislative authority over all the hundreds in that extensive division. Unto the county court, says Selden,3 all the freemen of the county assembled, to learn the law, to administer justice, and to provide remedy for public inconvenience. 4 2 Id. 130. 3 Bac. on Gov. 42. i Millar, 122. A striking analogy will sometimes be found where it is least to be expected. The empire of Peru was divided into small districts, each consisting of ten families: five of these constituted a higher class: two of these composed a third class, called a hundred; ten hundreds formed the great class of a thousand. Over each of these a superintending officer was As the freemen of a tything, of a hundred, and of a shire determined the common affairs of their several districts so the union of people belonging to different shires produced a greater assembly, consisting of all the freemen of a kingdom. This national council was called the wittenagemote. The king presided. During the heptarchy, each of the Saxon kingdoms had a wittenagemote of its own but when they were all reduced into one, a greater wittenagemote was formed, whose authority extended over the whole English nation. Those who could not attend the wittenagemote in person, had always the right of appointing a procurator to represent them in their absence.2 The wittenagemote exercised powers of a judiciary, as well as of a legislative kind. They heard complaints concerning great quarrels and enormities, which could not be adjusted or redressed by the ordinary courts; and they endeavored, by their superior authority, either to reconcile the parties, or to decide their controversies. By frequent interpositions of this nature, the great council was formed into a regular court of justice, and became the supreme tribunal of the kingdom. In this tribunal, appeals from the courts of every shire, as well as original suits between the inhabitants of different shires, were finally determined.3 The original meetings of the wittenagemote were held regularly at two seasons of the year: but the increase of business, especially of that which regarded the adminis appointed to administer justice, and to provide, that those committed to his care should be furnished with the means of industry and the necessaries of life. Between two governments, so remote from each other in time and place, this analogy could not have been the effect of imitation: it must have been the native result of similar states and circumstances of society. Bever. 7, 8. 1 Millar, 132. 2Id. 143, 144. $ Id. 150. tration of justice, rendered it afterwards necessary that its meetings should be more frequent. Occasional meetings were, therefore, convened by the king. At those occasional meetings, the nobility, who resided at a distance, seldom gave themselves the trouble of appearing. Of consequence, the business devolved on those members who happened to be at court, or who might be said to compose the privy council of the king. For this reason, they seldom undertook matters of general legislation; but confined themselves chiefly to the hearing of appeals. These smaller and occasional meetings of the wittenagemote seem to have suggested the idea of the aula regis.1 After the conquest, appeals to parliament multiplied: the members of that assembly became daily less disposed to execute this part of their duty: a regular tribunal was, therefore, formed, in order to discharge it. Of this tribunal, the great officers of the crown became the constituent members. To these were added such as, from their knowledge of the law, were thought qualified to give the best assistance.2 This court received, from the place in which it was commonly held, the appellation of the aula regis. In its constitution, it corresponded exactly with the cour de roy, which, after the accession of Hugh Capet, was gradually formed out of the ancient parliament of France; and with the aulic council, which, after the time of Otho the Great, arose, in the same manner, out of the diet of the German empire.3 For some time after its first formation, the king, whenever he thought proper to sit as a judge, presided in the aula regis: but he, at length, ceased to discharge the ordinary functions of a judge; and the grand justiciary became, in a manner, the sole magistrate of the court.1 The institution of this court was a great improvement 1 Millar, 242, 243. 3 Id. 317. 2 Id. 316. |