[59] Sheriff in the Norman times was merely the king's officer, not the earl's. The earl retained his ancient fee, without jurisdiction; the sheriff did all the business. The elective sheriff must have disappeared on the Conquest; for then all land was the king's, either immediately or mediately, and therefore his officer governed.
[60] How this assembly was composed, or by what right the members sat in it, I cannot by any means satisfy myself. What is here said is, I believe, nearest to the truth.
[61] Hence, perhaps, all men are supposed cognizant of the law.
[62] Debet etiam rex omnia rite facere in regno, et per judicium procerum regni.—Debet ... justitiam per consilium procerum regni sui tenere.—Leges Ed. 17.
[63] The non-observance of a regulation of police was always heavily punished by barbarous nations; a slighter punishment was inflicted upon the commission of crimes. Among the Saxons moat crimes were punished by fine; wandering from the highway without sounding an horn was death. So among the Druids,—to enforce exactness in time at their meetings, he that came last after the time appointed was punished with death.
[64] The Druids judged not as magistrates, but as interpreters of the will of Heaven. "Ceterum neque animadvertere, neque vincire, neque verberare quidem, nisi sacerdotibus permissum; non quasi in pœnam, nec ducis jussu, sed velut Deo imperante," says Tacitus, de Mor. German. 7.
[65] Si quis emendationem oppidorum vel pontium vel profectionem militarem detrectaverit, compenset regi cxx solidis, ... vel purget se, et nominentur ei xiv, et eligantur xi.—Leges Cnuti, 62.
[66] Si accusatio sit, et purgatio male succedat, judicet Episcopus.—Leges Cnuti, 53.
[67] Every man not privileged, whether he be paterfamilias, (heorthfest,[A]) or pedissequa, (folghere,[B]) must enter into the hundred and tithing, and all above twelve to swear he will not be a thief or consenting to a thief.—Leges Cnuti, 19.
[A] Heorthfeste,—the same with Husfastene, i.e. the master of a family, from the Saxon, Hearthfæst, i.e. fixed to the house or hearth.