who could
read the written law, or who had any extensive acquaintance with the
common law or the usages which had been in force from time
immemorial,--as far back as in the original villages of Germany.
Moreover, the poor and defenceless had need of protection. They always
had needed it, for in Pagan and barbarous countries their rights were
too often disregarded. When brute force bore everything before it, it
became both the duty and privilege of the king, who represented central
power, to maintain the rights of the humblest of his people,--to whom
he was a father. To see justice enforced is the most exalted of the
prerogatives of sovereigns; and no one appreciated this delegation of
sovereign power from the Universal Father more than Alfred, the most
conscientious and truth-loving of all the kings of the Middle Ages.
So, to maintain justice, Alfred set aside the ignorant and passionate
ealdormen, and appointed judges whose sole duty it was to interpret and
enforce the laws, and men best fitted to represent the king in the royal
courts. They were sent through the shires to see that justice was done,
and to report the decisions of the county courts. Thus came into
existence the judges of assize,--an office or institution which remains
to this day, amid all the revolutions of English thought and life, and
all the changes which politics and dynasties have wrought.
Nor did Alfred rest with a reform of the law courts. He defined the
boundaries of shires, which divisions are very old, and subdivided them
into parishes, which have remained to this day. He gave to each hundred
its court, from which appeals were made to a court representing several
hundreds,--about three to each county. Each hundred was subdivided into
tythings, or companies of ten neighboring householders, who were held as
mutual sureties or frank (free) pledges for each other's orderly
conduct; so that each man was a member of a tything, and was obliged to
keep household rolls of his servants. Thus every liegeman was known to
the law, and was taught his duties and obligations; and every tything
was responsible for the production of its criminals, and obliged to pay
a fine if they escaped. Every householder was liable to answer for any
stranger who might stop at his house. "This mutual liability or
suretyship was the pivot of all Alfred's administrative reform, and
wrought a remarkable change in the kingdom, so that merchants and
travellers could go about
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