except some of the greater crimes reformed by the laws
of King Henry I., and that part thereof which was sometimes taken up
by the _Justitiarius Angliae_."

This doubtless bred great inconvenience, uncertainty, and variety in
the laws, viz.:

"_First, by the ignorance of the judges, which were the freeholders
of the county._ * *

"Thirdly, a third inconvenience was, that all the business of any
moment was carried by parties and factions. _For the freeholders
being generally the judges_, and conversing one among another, _and
being as it were the chief judges, not only of the fact, but of the
law_; every man that had a suit there, sped according as he could
make parties."--_1 Hale's History of the Common Law_, p. 246.

"In all these tribunals," (county court, hundred court, &c.,) "_the
judges were the free tenants_, owing suit to the court, and
afterwards called its peers."--_1 Lingard's History of England_, 488.

Henry calls the twelve jurors "assessors," and says:

"These assessors, _who were in reality judges_, took a solemn oath,
that they would faithfully discharge the duties of their office, and
not suffer an innocent man to be condemned, nor any guilty person to
be acquitted."--_3 Henry's History of Great Britain_, 346.

Tyrrell says:

"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_,