Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/43

Ch. 4. from the king, as the fountain, to his fuperior courts of record; and being then fubdivided into Smaller channels, till the whole and every part of the kingdom were plentifully watered and re- freShed. An institution that Seems highly agreeable to the dic- tates of natural reafon, as well as of more enlightened policy; being equally Similar to that which prevailed in Mexico and Peru before they were difcovered by the Spaniards; and that which was eftabliShed in the JewiSh republic by Mofes. In Mexico each town and province had it's proper judges, who heard and decided caufes, except when the point in litigation was too intricate for their determination ; and then it was remitted to the Supreme court of the empire, eStabliShed in the capital, and confiSting of twelve judges. Peru, according to Garcilao de Vega (an historian defcended from the antient Incas of that country) was divided into fmall districts containing ten families each, all re- giftred, and under one magistrate ; who had authority to decide little differences and puniSh petty crimes. Five of thefe compo- fed a higher clafs or ffty families ; and two of thefe laSt com- pofed another called a hundred. Ten hundreds constituted the lar- geft division, confiSting of a thoufand families; and eachdivifion had it's feparate judge or magistrate, with a proper degree of Subor- dination. In like manner we read of MoSes ; that, finding the f6le administration of juStice too heavy for him, he " chofe able " men out of all Ifrael, fuch as feared God, men of truth, hating " covetoufnefs ; and made them heads over the people, rulers " of thoufands, rulers of hundreds, rulers of fifties, and rulers of " they brought unto Mofes, but every fmall matter they judged ' themfelves ." Thefe inferior courts, at leaSt the name and form of them, Still continue in our legal constitution : but as the fuperior courts of record have in practice obtained a concur- rent original jurifdict ion with thefe; and as there is befides a power of removing plaints or actions thither from all the inferior ju- rifdidions ; upon thefe accounts (among others) it has happened,
 * ' tens : and they judged the people at all feafons ; the hard caufes

a Mod. Un. Hit. xxxviii. 469. b Ibid, xxxix. 1 4, c Exod. c. 18. Rh