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Updated: June 11, 2025
The country was divided into shires, the shire into districts called hundreds, and the hundreds into tithings. There appears to be no adequate authority for the idea that trial by jury was practised; the prevailing characteristic of justice was the system of penalty by fine, and the responsibility of the tithing for the misdeeds of any of its members.
The part of trial by jury which has been politically of so much importance, its popular character, as opposed to arbitrary trial by a royal or imperial officer that of which the preservation, amidst the general prevalence of judicial imperialism, has been the glory of England was simply Teutonic; so was the frank-pledge, the rude machinery for preserving law and order by mutual responsibility in the days before police; so were the hundreds and the tithings, rudimentary institutions marking the transition from the clan to the local community or canton.
It is not necessary now to prove that Alfred did not found trial by jury, or the frank- pledge, or that he was not the first who divided the kingdom into shires, hundreds, or tithings.
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