328 POLITICAL SCIENCE. but according to equity; usage and prescription determined in cases of property; crimes of violence were revenged by the clan or smaller community, and homicide especially was punished by the next of kin. In some communities for pri- vate warfare were substituted pecuniary satisfactions, or an estimate of damages which was carried out in the codes of laws expressing this state of society with most surprising minuteness. The decisions in the gaus> and hundreds of the Germanic races, were, according to Tacitus, made by princi- pes and a body of freemen. The underlying idea in this system seems to have been that the meeting of the commu- nity under its head was entrusted with judicial proceedings. The same idea is perceived in the democratic Grecian city- states, where the archons and other officers capable of presid- ing in courts prepared a case, and a large committee of the people found the verdict. Sometimes the ecclesia, or (as at Rome) the people in the comitia, decided in certain graver matters, but the courts there came to consist of a few judges, or a judex furnished by the praetor, under whose superintend- ence the preparatory work was done. The system, according to which the whole people was considered as invested with the judicial power, fell away in the Frank kingdom when the people, being worried by the courts as chief judges of coun- ties, or by the centenarii as their deputies, with frequent summons to attend their placita, lost the old spirit of dis- charging their public duties. At one time a set of men called rachimburgi were appointed to give advice to the people assembled in the placita^ in regard to the cases brought'be- fore them. In their places, Charlemagne appointed another set of men, called scabinei or scabini, for whom we refer our readers to § 237. In England, after the Norman conquest, and at first in the reign of Henry II., a system of jury trials begins to be estab- lished. We meet with eideshelfer or conjuratores as early as Cent. vi. on the continent,* whose business it was to testify * Comp. Gforer, Deutsch. Volckerr., i.? chap. 10.