The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
But though the general strain of the Anglo-Saxon government seems to
have become aristocratical, there were still considerable remains of
the ancient democracy, which were not indeed sufficient to protect the
lowest of the people, without the patronage of some great lord, but
might give security, and even some degree of dignity, to the gentry or
inferior nobility. The administration of justice, in particular, by
the courts of the decennary, the hundred, and the county, was well
calculated to defend general liberty, and to restrain the power of the
nobles. In the county courts, or shiremotes, all the freeholders were
assembled twice a year, and received appeals from the inferior courts.
They there decided all causes, ecclesiastical as well as civil; and the
bishop, together with the alderman or earl, presided over them.[**]
The affair was determined in a summary manner, without much pleading
formality, or delay, by a majority of voices; and the bishop and
alderman had no further authority than to keep order among the
freeholders, and interpose with their opinion.[***] Where justice was
denied during three sessions by the hundred, and then by the county
court, there lay an appeal to the king’s court;[****] but this was not
practised on slight occasions. The aldermen received a third of the
fines levied in those courts;[*****] and as most of the punishments
were then pecuniary, this perquisite formed a considerable part of the
profits belonging to his office. The two thirds also, which went to the
king, made no contemptible part of the public revenue. Any free-holder
was fined who absented himself thrice from these courts.[******]
[* Higden, lib, i. cap. 50. LL. Edw. Conf. sect.
26. Spel. Concil vol. i. p. 415. Gloss, in verbo. Haligemot
ot Infangenthefe.]
[** LL. Edg. sect. 5. Wilkins, p. 78. LL. Cantit.
sect. 17. Wilkins. p. 136.]
[*** Hickes, Dissert, epist. p. 2, 3, 4, 5, 6, 7,
8.]
[**** LL. Edg. sect. 2. Wilkins, p. 77. LL. Canut.
sect. 18, apud Wilkins, p. 136.]
[***** LL. Edw. Conf. sect. 31].
[****** LL. Ethelst. sect, 20.]
As the extreme ignorance of the age made deeds and writings very rare,
the county or hundred court was the place where the most remarkable
civil transactions were finished, in order to preserve the memory of
them, and prevent all future disputes. Here testaments were promulgated,
slaves manumitted, bargains of sale concluded, and sometimes, for
greater security, the most considerable of these deeds were inserted
in the blank leaves of the parish Bible, which thus became a kind of
register, too sacred to be falsified. It was not unusual to add to the
deed an imprecation on all such as should be guilty of that crime.[*]
[* Hickes, Dissert, epist.]