"Alfred cantoned his kingdom, first into _Trihings_ and _Lathes_, as
they are still called in Kent and other places, consisting of three
or four Hundreds; _in which, the freeholders being judges_, such
causes were brought as could not be determined in the Hundred
court."--_Tyrrell's Introduction to the History of England_, p. 80.
Of the _Hundred Court_ he says:
"In this court anciently, _one of the principal inhabitants, called
the alderman, together with the barons of the Hundred[51]--id est the
freeholders--was judge_."--_Ditto_, p. 80.
Also he says:
"By a law of Edward the Elder, 'Every sheriff shall convene the
people once a month, and do equal right to all, putting an end to
controversies at times appointed.'"--_Ditto_, p. 86.
"A statute, emphatically termed the 'Grand Assize,' enabled the
defendant, if he thought proper, to abide by the testimony of the
twelve good and lawful knights, chosen by four others of the
vicinage, _and whose oaths gave a final decision to the contested
claim_."--_1 Palgrave's Rise and Progress of the English
Commonwealth_, 261.
"From the moment when the crown became accustomed to the 'Inquest,' a
restraint was imposed upon every branch of the prerogative. _The king
could never be informed of his rights, but through the medium of the
people._ Every 'extent' by which he claimed the profits and
advantages resulting from the casualties of tenure, every process by
which he repressed the usurpations of the baronage, depended upon the
'good men and true' who were impanelled to 'pass' between the subject
and the sovereign; and the thunder of the Exchequer at Westminster
might be silenced by the honesty, the firmness, or the obstinacy, of
one sturdy knight or yeoman in the distant shire.
Taxation was controlled in the same manner by the voice of those who
were most liable to oppression. * * A jury was impanelled to adjudge
the proportion due to the sovereign; and this course was not
essentially varied, even after the right of granting aids to the
crown was fully acknowledged to be vested in the parliament of the
realm. The people taxed themselves; and the collection of the grants
was checked and controlled, and, perhaps, in many instances evaded,
by these virtual representatives of the community.
Public-domain text, read in full here on John Shaqi.
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