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By his Assize Englishmen were still to be tried in their ancient courts. Justice was to be administered by the ancient machinery of shire-moot and hundred-moot, by the legal men of hundred and township, by the lord and his steward.
And as hundred-moot stood above town-moot, so above the hundred-moot stood the Folk-moot, the general muster of the people in arms, at once war-host and highest law-court and general Parliament of the tribe. But whether in Folk-moot or hundred-moot, the principle of representation was preserved. In both the constitutional forms, the forms of deliberation and decision, were the same.
It is probable that these dependent ceorls are the "villeins" of the Norman epoch, the most numerous class of the Domesday Survey, men sunk indeed from pure freedom and bound both to soil and lord, but as yet preserving much of their older rights, retaining their land, free as against all men but their lord, and still sending representatives to hundred-moot and shire-moot.
But in peace his power was narrowly bounded by the customs of his people and the rede of his wise men. Justice was not as yet the king's justice, it was the justice of village and hundred and folk in town-moot and hundred-moot and folk-moot. It was only with the assent of the wise men that the king could make laws and declare war and assign public lands and name public officers.
The hundred-moot, a moot which was made by this gathering of the representatives of the townships that lay within its bounds, thus became at once a court of appeal from the moots of each separate village as well as of arbitration in dispute between township and township.
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