Page 28 of 155

    [* Leges St. Edw. cap. 20, apud Wilkins, p. 202.]

By this institution, every man was obliged, from his own interest, to keep a watchful eye over the conduct of his neighbors; and was in a manner surety for the behavior of those who were placed under the division to which he belonged; whence these decennaries received the name of frank-pledges.

Such a regular distribution of the people, with such a strict confinement in their habitation, may not be necessary in times when men are more inured to obedience and justice; and it might, perhaps, be regarded as destructive of liberty and commerce in a polished state; but it was well calculated to reduce that fierce and licentious people under the salutary restraint of law and government. But Alfred took care to temper these rigors by other institutions favorable to the freedom of the citizens; and nothing could be more popular and liberal than his plan for the administration of justice. The borsholder summoned together his whole decennary to assist him in deciding any lesser differences which occurred among the members of this small community. In affairs of greater moment, in appeals from the decennary, or in controversies arising between members of different decennaries, the cause was brought before the hundred, which consisted of ten decennaries, or a hundred families of freemen, and which was regularly assembled once in four weeks, for the deciding of causes.[*] Their method of decision deserves to be noted, as being the origin of juries; an institution admirable in itself, and the best calculated for the preservation of liberty and the administration of justice that ever was devised by the wit of man. Twelve freeholders were chosen, who, having sworn, together with the hundreder, or presiding magistrate of that division, to administer impartial justice,[**] proceeded to the examination of that cause which was submitted to their jurisdiction. And beside these monthly meetings of the hundred, there was an annual meeting, appointed for a more general inspection of the police of the district; for the inquiry into crimes, the correction of abuses in magistrates, and the obliging of every person to show the decennary in which he was registered. The people, in imitation of their ancestors, the ancient Germans, assembled there in arms; whence a hundred was sometimes called a wapentake, and its courts served both for the support of military discipline and for the administration of civil justice.[***]

    [* Leges St. Edw. cap. 2.]

    [** Foedus Alfred. et Gothurn. apud Wilkins, cap. 3, p. 47.
     Leg. Ethelstani cap. 2, apud Wilkins, p. 58. LL. Ethelr.
     sect. 4. Wilkins, p. 117.]

    [*** Spelman, in voce Wapentake.]

The next superior court to that of the hundred was the county court, which met twice a year, after Michaelmas and Easter, and consisted of the freeholders of the county, who possessed an equal vote in the decision of causes. The bishop presided in this court, together with the alderman; and the proper object of the court was, the receiving of appeals from the hundreds and decennaries, and the deciding of such controversies as arose between men of different hundreds. Formerly, the alderman possessed both the civil and military authority; but Alfred, sensible that this conjunction of powers rendered the nobility dangerous and independent, appointed also a sheriff in each county, who enjoyed a cordinate authority with the former in the judicial function.[*] His office also impowered him to guard the rights of the crown in the county, and to levy the fines imposed, which in that age formed no contemptible part of the public revenue.

     [* Ingulph. p. 870.]

There lay an appeal, in default of justice, from all these courts, to the king himself in council; and as the people, sensible of the equity and great talents of Alfred, placed their chief confidence in him, he was soon overwhelmed with appeals from all parts of England. He was indefatigable in the despatch of these causes;[*] but finding that his time must be entirely engrossed by this branch of duty, he resolved to obviate the inconvenience, by correcting the ignorance or corruption of the inferior magistrates, from which it arose.[**] He took care to have his nobility instructed in letters and the laws; [***] he chose the earls and sheriffs from among the men most celebrated for probity and knowledge; he punished severely all malversation in office;[****] and he removed all the earls whom he found unequal to the trust;[*****] allowing only some of the more elderly to serve by a deputy, till their death should make room for more worthy successors.

     [* Asser. p. 20.]

     [** Asser. p. 18, 21. Flor. Wigorn. p. 594. Abbas
     Rieval. p. 355.]

     [*** Flor. Wigorn. p. 594. Brompton, p. 814.]

     [**** Le Miroir de Justice, chap. 2.]

The better to guide the magistrates in the administration of justice, Alfred framed a body of laws, which, though now lost, served long as the basis of English jurisprudence, and is generally deemed the origin of what is denominated the COMMON LAW. He appointed regular meetings of the states of England twice a year, in London,[*] a city which he himself had repaired and beautified, and which he thus rendered the capital of the kingdom.

     [* Le Miroir de Justice.]

The similarity of these institutions to the customs of the ancient Germans, to the practice of the other northern conquerors, and to the Saxon laws during the Heptarchy, prevents us from regarding Alfred as the sole author of this plan of government, and leads us rather to think, that, like a wise-man, he contented himself with reforming, extending, and executing the institutions which he found previously established. But, on the whole, such success attended his legislation, that everything bore suddenly a new face in England. Robberies and iniquities of all kinds were repressed by the punishment or reformation of the criminals;[*] and so exact was the general police, that Alfred, it is said, hung up, by way of bravado, golden bracelets near the highways, and no man dared to touch them.[**] Yet, amidst these rigors of justice, this great prince preserved the most sacred regard to the liberty of his people; and it is a memorable sentiment preserved in his will, that it was just the English should forever remain as free as their own thoughts.[***]

    [* Ingulph. p. 27.]

    [* W. Malms, lib. ii. cap. 4.]

    [* Asset, p. 24.]

As good morals and knowledge are almost inseparable, in every age, though not in every individual, the care of Alfred for the encouragement of learning among his subjects was another useful branch of his legislation, and tended to reclaim the English from their former dissolute and ferocious manners; but the king was guided, in this pursuit, less by political views than by his natural bent and propensity towards letters. When he came to the throne, he found the nation sunk into the grossest ignorance and barbarism, proceeding from the continued disorders in the government, and from the ravages of the Danes. The monasteries were destroyed, the monks butchered or dispersed, their libraries burnt; and thus the only seats of erudition in those ages were totally subverted. Alfred himself complains, that on his accession he knew not one person, south of the Thames, who could so much as interpret the Latin service, and very few in the northern parts who had reached even that pitch of erudition. But this prince invited over the most celebrated scholars from all parts of Europe; he established schools every where for the instruction of his people; he founded, at least repaired, the University of Oxford, and endowed it with many privileges revenues, and immunities; he enjoined by law all freeholders possessed of two hides[*] of land, or more, to send their children to school, for their instruction; he gave preferment both in church and state to such only as had made some proficiency in knowledge; and by all these expedients he had the satisfaction, before his death, to see a great change in the face of affairs; and in a work of his, which is still extant, he congratulates himself on the progress which learning, under his patronage, had already made in England.