[9] It is difficult to avoid the confusion which arises from the use of the word "Hundred." Here the police-hundreds (probably introduced for the first time into England by Edgar) are referred to. The statement does not necessarily imply that the grouping of families into Tythings, and of Tythings into Hundreds took place before county areas were subdivided into smaller areas called Hundreds. It may be remarked, however, that an uninhabited Hundred (and there must have been many such if the whole kingdom was divided in this way) can have had no police significance. [10] See Note on the Liability of the Hundred, p. 180, chap. ix. post. [11] Burn I. p. 671. [12] Edgar, Secular Ordinance, c. 6. [13] Writing at the end of the eighteenth century Jeremy Bentham declared: "This is the great problem of penal legislation--(i.) To reduce all the _evil_ of offences, as far as possible, to that kind which can be cured by a pecuniary compensation. (ii.) To throw the expense of this cure upon the authors of the evil, or in their default, upon the public." [14] In addition to the "Trinoda necessitas" which besides compelling a man to serve in the Militia, also claimed his services for the repair of bridges, and for the up-keep of the national fortifications. [15] See "Spelman's Glossary," _sub verbo_ "Fredus." [16] _Ll. Aelf._ 40; _Ll. Ethelb._ 34. [17] The germ of trial by jury. [18] Gneist. "History of the English Constitution." [19] Coke. 2 Instit. 73. [20] Bede H. E., II. xvi. [21] It is probable that the _scir-gerefa_ was originally elected by the freeholders in the folkmoot: the Norman Sheriff, on the other hand, was invariably appointed by the Crown direct. [22] This fine was called the "Murdrum." [23] Bacon's "Office of Constables." [24] (Magna Carta, Section 20). King John also promised as follows: "We will not make men justiciaries, constables, sheriffs or bailiffs, unless they understand the law of the land, and are well disposed to observe it." [25] Second Great Charter of Henry III. [26] "Chronicle of Dunstable," vol. i. p. 155. [27] _Dictum de Kenilworth_, sect. 14, Stubb's "Select Charters." [28] 10 Geo. II. c. 22, and 14 Geo. III. c. 90. [29] 13 Edw. I., _Statuta civitatis_ London. [30] 23 Edw. III., sect. i. c. 7. [31] "Commissioners' Report," 1839. [32] From form of oath administered by Hubert, Archbishop of Canterbury ("History of Vagrants," by Ribton Turner). [33] See Chitty's "Office and Duties of Constables": Coke 3 Inst. 116, 117; and 2 Hale P. C. 102. [34] See "Statute of Northampton." [35] 3 Edw. I. cap. 34. [36] Coroners are first heard of in the directions given to the itinerant Justices by Richard I. in 1194, when four of these officers were assigned to each county. [37] 4 Edw. I. Stat. 2. [38] "History of Vagrants." [39] Fitzherbert, Dalton, Burn, etc. [40] The edict of Hubert Walter. [41] Rot. Pat. 14 Edw. I. m. 25. [42] Rot. Pat. 10 Edw. I. m. 8.