circuit assigned. But some lands,
either because they were in the hands of irreligious and careless
owners, or were situate in forests and desart places, or for other
now unsearchable reasons, were never united to any parish, and
therefore continue to this day extraparochial; and their tithes are
now by immemorial custom payable to the king instead of the bishop, in
trust and confidence that he will distribute them, for the general
good of the church[p]. And thus much for the ecclesiastical division
of this kingdom.

[Footnote p: 2 Inst. 647. 2 Rep. 44. Cro. Eliz. 512.]

2. THE civil division of the territory of England is into counties, of
those counties into hundreds, of those hundreds into tithings or
towns. Which division, as it now stands, seems to owe it's original to
king Alfred; who, to prevent the rapines and disorders which formerly
prevailed in the realm, instituted tithings; so called, from the
Saxon, because _ten_ freeholders with their families composed one.
These all dwelt together, and were sureties or free pledges to the
king for the good behaviour of each other; and, if any offence were
committed in their district, they were bound to have the offender
forthcoming[q]. And therefore antiently no man was suffered to abide
in England above forty days, unless he were enrolled in some tithing
or decennary[r]. One of the principal inhabitants of the tithing is
annually appointed to preside over the rest, being called the
tithing-man, the headborough, (words which speak their own etymology)
and in some countries the borsholder, or borough's-ealder, being
supposed the discreetest man in the borough, town, or tithing[s].

[Footnote q: _Flet._ 1. 47. This the laws of king Edward the
confessor, c. 20. very justly intitle "_summa et maxima securitas, per
quam omnes statu firmissimo sustinentur;--quae hoc modo fiebat, quod
sub decennali fidejussione debebant esse universi, &c._"]

[Footnote r: Mirr. c. 1. Sec. 3.]

[Footnote s: Finch. L. 8.]

TITHINGS, towns, or vills, are of the same signification in law; and
had, each of them, originally a church and celebration of divine
service, sacraments, and burials; which to have, or have had, separate
to itself, is the essential distinction of a town, according to sir
Edward Coke[t]. The word _town_ or _vill_ is indeed, by the alteration
of times and language, now become a generical term, comprehending
under it the several species of cities, boroughs, and common town