and this court was composed of the members of about three or four hundreds within that division of the county which was called a trithing, lath, or rape (a).

This court is stated by our chroniclers to have been discontinued at an earlier period than those I am about to mention, and to have left but few vestiges behind it (b).

The next court in order of superiority was the hundred court, and this had jurisdiction over ten tithings, or that division of a county which was termed a hundred, and the presiding magistrate at this court was called the hundredary, who was generally a thane residing within the hundred, and elected to the office (considered to be both honourable and lucrative) by the other members (c).

This court usually met once every month, and all the members, in imitation of their German ancestors, appeared in their arms (d), it being a custom, at the opening of every meeting, for each of the members to touch the hundredary's spear with his own, in token of their submission to his authority, and of their readiness to fight under his command (e).

The archdeacon, and sometimes the bishop, presided in this court with the hundredary, and it should seem that the court had no power to condemn any person to death or slavery (ƒ).

(a) Ante, p. 805. n. (a).

(b) 3rd vol. Henry's Hist. of G. B. p. 342.

(c) 3rd vol. Henry's Hist. of G. B. p. 339.

The Anglo-Saxon hundred court seems to have survived the trithing court, and to have been discontinued in the reign of Edward the Third; but there are hundred courts exist

(d) And this obtained for it the ing at this day, possessing both civil name of the Wapentac.

(e) 3rd vol. Henry's Hist. of G. B. p. 340, cites Wilk. Leg. Sax. 203.

(f) 3rd vol. Henry's Hist of G. B. p. 340, who also states that the proceedings of this court were summary, and that all questions were determined by the votes of the members collected by the hundredary, who could only pronounce the sentences.

and criminal jurisdiction, under the title of courts baron and courts leet, and which probably were granted to barons and others of great rank on the decline of the Saxon jurisprudence. And hence, I apprehend, the baron's mote or moot court, as distinguishable from the court baron incident to every manor, and which latter court, as we have seen, is not

The chief court in cities and towns appears to have resembled the hundred court (a), and to have been called the burgemote, or folc-gemot, [or folckmote, and was composed of all the burgesses (b), the presiding magistrate being called the alderman or towngerieve, and in sea-ports, the portgerieve (c). This court was held monthly, and on particular emergencies the chief magistrate had authority to convene special meetings by the sound of the mot-bell (d).

We have already seen that each hundred division was again divided into ten tithings, each tithing consisting of about ten families. One of the most respectable members of each tithing was elected the chief magistrate, and was sometimes called the

a court of record. Ante, pp. 715, 716.

There are, however, hundred courts, without the appendage of a leet franchise, and then they are merely courts baron; the freeholders being the only suitors, and being also judges of the court.

(a) The ward inquest in the city of London seems to correspond with the leet of the hundred.

Lord Coke observes that the wardmote in the city of London is derived from ward and mote, that is, the ward court, and adds; "In London the parishes are as towns, and the wards are as hundreds." 4 Inst. 249.

No notice is taken in Domesdaybook of the county court, or the hundred court, nor does it contain positive evidence of a popular magistracy in ancient burghs, but this may be accounted for by the circumstance of the leet jury being a common law right belonging to all burghs, and to towns and manors held in ancient demesne, constituting independent communities. See the article in the Edinb. Review referred to, ante, p. 805. n. (b).

(b) Mr. Serjt. Merewether in his very learned and interesting report of the West Looe case, has urged with great ability, that burgess and ‹ inhabitant' are synonymous

terms.

(c) In sea-ports and haven-towns, the court resembling the hundred court, was called the portmote or portmoot court, curia portus. 4 Inst. 148. See the introduction to the report of the West Looe case above referred to, in which Mr. Serjt. Merewether observes, [p. 39. n. b.] "Port did not in the Saxon times, mean, according to its modern acceptation, only a sea-port, or a haven, but, also, generally any town."

alderman or freeburgh, but more commonly borsholder, or tithingman (a).

An assemblage of the tithing, with this magistrate at their head, constituted a court of justice; and it was the duty of the borsholder or tithingman to convene the members of his tithing, and to put their sentences into execution; and if not submitted to, the cause was referred, by way of appeal, to the next superior court.

Besides the hearing and determination of controversies arising among the decennaries, it was customary at the tithing courts for each member to produce his warlike habiliments to be inspected, and at these courts new members were admitted, and testimonials given to those who had occasion to remove into other tithings (b).

The subdivision of each hundred into tithings or decennaries was admirably adapted for the preservation of the peace and good order of society; for it appears that all the members of each decennary or neighbourship, (as it was sometimes called,) and who were of the same rank (c), were pledges or sureties

(a) From the Saxon word borh, a surety, and alder, a head or chief. Spelm. Gloss. p. 86.

Lord Coke says "of burghs some be incorporate and some not; and some be walled and some not. It was in former times taken for those companies of ten families, which were one another's pledge, and therefore a pledge is in the Saxon tongue borhoe, whereof some take it that a burgh came; whereof also commeth headborough or borowhead, capitalis plegius, or chiefe pledge, viz. the chiefe man of the borhoe whom Bracton calleth frithburgus; and hereof also commeth burgbote, which as Fleta saith, signifieth quietantiam reparationis murorum civitatis aut burgi."

Every city is a burgh, but every burgh is not a city." Co. Lit. 109 a.

The office of constable, at the present day, seems to correspond with that of borsholder in the Saxon æra; for the terms tythingman and borsholder are frequently used in modern statutes as synonymous with constable and head-borough. Sometimes where two constables are chosen at a court leet, for a particular township or parish, another officer is elected for the same precinct, called a third-borough, who acts as an assistant constable. (b) 3rd vol. Henry's Hist. of G. B. p. 334-5.

(c) Thanes were not members of any tithing, the family of each thane being considered as a separate tith

for the good behaviour and probity of each other; so that if any member committed a crime, the tithing or decennary by which he was pledged, were within one and thirty days to bring him forth, to answer for the offence; and on failure of so doing, they were compelled to pay the mulct prescribed by the law for the crime committed; unless indeed they could prove on oath before a magistrate, that none of the members were accomplices in the crime, and also engaged to bring the offender to justice as soon as they could apprehend him. So again if any member sustained an injury or loss, the rest contributed to redress or repair it; and in case of gross misconduct, the offender was expelled the decennary, and became an outlaw and vagabond (a).

In further support of this admirable system of police, (and upon patriarchal principles,) the head of every family was under a heavy responsibility, and had great authority over all the members of his family; and became also responsible for the good conduct of every stranger staying with him for three days and nights.

During the Anglo-Saxon æra, the sovereignty and the police of the country were still further maintained by an obligation imposed on every person above the age of twelve years, (with, perhaps, all or some of the exceptions I shall presently mention, in tracing the similarity of the leet jurisdiction, and the Anglo-Saxon tourn,) to swear allegiance to the King, and submission to the laws, before his countrymen in the hundred court or folc-gemot (b), on pain of an imprisonment, after which he became law-worthy, or a legalis homo; and this, as we have already seen, was inquired of in the division of the

ing, and he himself responsible for all the members.

(a) 3rd vol. Henry's Hist. of G. B. p. 337. The members of a decennary, were sometimes called deciners or deziners. The term dizein

we also find used by some of our ancient law authors. See Mirr. c. 1. s. 17. Hence, probably, by a misprint or corruption, the terms doziners, and dozein.

(b) 2 Inst. 70.

subordinate shire-gemot or county court, termed the inquest or view of frank-pledge (a).

It may be difficult to determine at what particular period the court leet was established, as an appendant juridical franchise, and whether before or after the discontinuance of the Anglo-Saxon trithing and hundred courts.

And although the appendancy of the court leet to a hundred or manor, may be thought to furnish evidence of its being of feudal origin, yet if it be true that the word leet is of Saxon derivation (b), the affirmance of the existence of the court, as an appendant franchise, even before the conquest (c), is greatly strengthened; and it may be proper to notice, that the tenure of land in England in the Anglo-Saxon æra, is very far from supplying an argument unfavourable to the supposed appendancy of the franchise to a hundred or manor at that period, as it appears that the Saxon tenure bore a strong affinity to the free socage tenure existing in England at the present day; for the Saxon lands in general were allodial, but subject to military services; and were not only descendible (d), but alienable at the pleasure of the owner, and devisable.

(a) Sulliv. 269. Ante, p. 809. (b) Lord Coke informs us that leg, leth or leet is a Saxon word, and cometh of the Verb gelapan or gelepian (being added euphoniæ gratia); i. convenire, to assemble together, unde conventus. 4 Inst. 261. It is also said to be derived from the Saxon word læt, signifying censura, arbitrium, "because this court redressed wrongs by way of judgment against any person of the frankpledge, who had done any wrong or injury to another." Lex. Man. 131. And again it is supposed to be derived from the Saxon leod, plebs, and to mean the populi curia or folkmote. See Ritson on court leet, in the in

troduction. It rather appears to me, however, to be derived of the Saxon word led, to assign, [or grant,] being a juridical franchise held by a subject under a grant from the crown.

(c) See Ritson on courts leet 4. Per Lord Mansfield, 3 Burr. 1860. Ante, p. 803. And we are told that the earls of each county, and the lords of each leet, and likewise representatives of towns, chosen by the burgesses of the town were summoned to the Wittena-gemot. See Lamb. Arch. 239, cited 2 Bac. Abr. p. 94.

(d) The descent of Saxon lands was to all the sons equally, as gavelkind lands in Kent, which seems to be a customary relic of Saxon law,