CHAP. II. HISTORY OF ENGLAND. nued depredations, had fhaken off all bands of government; and those who had been plundered to-day, betook themselves to a like diforderly life, and from despair joined next day the robbers in pillaging and ruining their fellow-citizens". Thefe were the evils, for which it was neceffary that the vigilance and activity of Alfred should provide a remedy, THAT he might render the execution of justice strict and regular, he divided all England into counties; these counties he subdivided into hundreds; and the hundreds into tythings'. Every householder was anfwerable for the behaviour of his family, and his flaves, and even of his guests, if they lived above three days in his house. Ten neighbouring householders were formed into one corporation, who, under the name of a tything, decennary, or fribourg, were anfwerable for each other's conduct, and over whom one perfon, called a tything-. man, headbourg, or borfholder, was appointed to prefide. Every man was punished as an outlaw, who did not register himself in some ty thing': And no man could change his habitation, without a warrant and certificate from the borfholder of the tything, to which he formerly belonged. WHEN any person in any tything or decennary was guilty of a crime, the borfholder was fummoned to answer for him; and if he was not willing to be furety for his appearance and his clearing himself, the criminal was committed to prifon, and there detained till his trial. If he fled, either before or after finding fureties, the borfholder and decennary became liable to enquiry, and were expofed to the penalties of law". Thirty ▸ W. Malm. lib. 2. cap. 4. M. Weft. p. 177. cap. 4. Ingulf, p. 28. Leg. St Edw. cap. 27. 1 W. Malm. lib. 2. Brompton, p. 818. Chron. St. Petri de Burgo, p. zz. Jingulf, p. 28. in W. Malm. lib. 2. cap. 4. one one days were allowed them for producing the criminal; and if that time elapfed without their being able to find him, the borfholder, with two other members of the decennary, was obliged to appear, and together with three chief members of the three neighbouring decennaries (making twelve in all) to fwear that his decennary was free from all privity both of the crime committed, and of the escape of the criminal. If the borfholder could not find fuch a number to answer for their innocence, the decennary was compelled by fine to make satisfaction to the King, according to the degree of the crime". By this institution every man was obliged from his own interest to keep a watchful eye over the conduct of his neighbours; and was in a manner furety for the behaviour of those who were placed under the divifion, to which he belonged: Whence these decennaries received the name of frank-pledges. SUCH a regular distribution of the people, with such a strict confinement in their habitation, may not be neceffary in times, when men are more enured to obedience and juftice; and it might perhaps be regarded as destructive of liberty and commerce in a polished state; but it was well calculated to reduce these fierce and licentious people under the falutary restraint of law and government. But Alfred took care to temper thefe rigours by other inftitutions favourable to the freedom and fecurity of the citizens; and nothing could be more popular and liberal than his plan for the administration of justice. The borfholder fummoned together his whole decennary to assist him in deciding any leffer difference, which occurred among the members of this fmall community. In affairs of greater moment, in appeals from the decennary, or in controverfies arifing Leges St. Edw. cap. 20. apud Wilkins, p. 202. CHAP. between members of different decennaries, the cause was brought before the hundred, which confifted of ten decennaries, or a hundred families of freemen, and which was regularly affembled once in four weeks, for the deciding of caufes °. Their method of decifion deserves to be noted, as being the origin of juries; an institution, admirable in itself, and the best calculated for the preservation of liberty and the administration of justice, that ever was devised by the wit of man. Twelve freeholders were chofen; who having fworn, together with the hundreder or presiding magistrate of that divifion, to administer impartial justice", proceeded to the examination of that cause, which was fubmitted to their jurisdiction. And beside these monthly meetings of the hundred, there was an annual meeting, appointed for a more general infpection of the police of the diftrict; for the enquiry into crimes, the correction of abuses in magistrates, and the obliging every person to shew the decennary in which he was registered. The people, in imitation of their ancestors, the antient Germans, affembled there in arms; whence a hundred was fometimes called a wapentake, and its court ferved both for the support of military discipline, and for the administration of civil justice. THE next fuperior court to that of the hundred was the county-court, which met twice a year after Michaelmas and Easter, and confifted of all the freeholders of the county, who poffeffed an equal vote in the decifion of caufes. The bishop prefided in this court, together with the alderman; and the proper object of the court was the receiving appeals from the 9 Leg. Edw. cap. 2. P Fædus Alfred, and Gothurn, apud Wilkins, cap. 3. p. 47. Leg. Ethelftani, cap. 2. apud Wilkins, p. 58. LL. Ethelr. § 4. Wilkins, p. 117. • Spellman in voce Wapentake. hundreds hundreds and decepnaries, and the deciding fuch controversies as arose between men of different hundreds. Formerly, the alderman poffeffed both the civil and military authority; but Alfred, fenfible that this conjunction of powers rendered the nobility dangerous and independant, appointed also a sheriff in each county; who enjoyed a co-ordinate authority with the former in the judicial function '. His office alfo impowered him to guard the rights of the crown in the county, and to levy the fines imposed; which in that age formed no contemptible part of the public revenue.. THERE lay an appeal, in default of justice, from all these courts to the king himself in council; and as the people, fenfible of the equity and great talents of Alfred, placed their chief confidence in him, he was foon overwhelmed with appeals from all parts of England. He was indefatigable in the dispatch of these causes; but finding that his time must be entirely en-groffed by this branch of duty, he refolved to obviate the inconvenience, by correcting the ignorance or corruption of the inferior magistrates, from which it arofe. He took care to have his nobility instructed in letters and the laws": He chofe the earls and sheriffs from among the men most celebrated for. probity and knowledge: He punished feverely all malverfation in office *: And he removed all the earls, whom he found unequal to the truft'; allowing only fome of the moft elderly to ferve by a deputy, till their death fhould make room for more worthy fucceffors. THE better to guide the magiftrates in the administration of justice, Alfréd framed a body of laws; which, though now loft, A ferved } LAW. HISTORY OF ENGLAND. ferved long as the bafis of English jurifprudence, and is generally esteemed the origin of what is denominated the COMMON He appointed regular meetings of the states of England twice a year in London; a city which he himself had repaired and beautified, and which he thus rendered the capital of the kingdom. The fimilarity of these inftitutions to the customs of the antient Germans, to the practice of the other northern conquerors, and to the Saxon laws during the Heptarchy, prevents us from regarding Alfred as the fole author of this plan of government; and leads us rather to think, that, like a wife man, he contented himself with reforming, extending, and executing the inftitutions, which he found previously established. But on the whole, fuch fuccefs attended his legislation, that every thing bore fuddenly a new face in England: Robberies and iniquities of all kinds were repreffed by the punishment or reformation of the criminals: And fo exact was the general police, that Alfred, it is faid, hung up, by way of bravada, golden bracelets near the highways; and no man dared to touch them. Yet amidst these rigours of juftice, this great prince preferved the most facred regard to the liberty of his people; and it is a memorable fentiment preserved in his will, that it was just the English should for ever remain as free as their own - thoughts. As good morals and knowledge are almost infeparable, in every age, though not in every individual; the care of Alfred for the encouragement of learning among his fubjects was another useful branch of his legislation, and tended to reform the English from their former diffolute and barbarous manners: z Le Miroir de Justice. Ingulf, p. 27. cap. 4. M. Welt. p. 177. Brompton, p. 818. W. Malmef. lib. z. • Affer. p. 24. But |