The king's word in Alfred's time was law, and Alfred proved his modesty by publicly proclaiming that a king was not divine, but only a man, and therefore a king's edicts should be endorsed by the people in Folkmoot. Here we get the genesis of popular government, and about the only instance that I can recall where a very strong man acting as chief ruler renounced a part of his power to the people, of his own accord. Kings usually have to be trimmed, and it is revolution that does the shearing. It is the rule that men do not relinquish power of their own accord—they have to be disannexed from it.
Alfred, however, knew the popular heart—he was very close to the common people. He had slept on the ground with his soldiers, fared at table with the swineherd's family, tilled the soil with the farmer folk. His heart went out to humanity. He did not overrate the average mind, nor did he underrate it. He had faith in mankind, and knew that at the last power was with the people. He did not say, "Vox populi, vox Dei," but he thought it. Therefore he set himself to educating the plain people. He prophesied a day when all grown men would be able to read and write, and when all would have an intelligent, personal interest in the government.
There have been periods in English history when Britain lagged woefully behind, for England has had kings who forgot the rights of mankind, and instead of seeking to serve their people, have battened and fattened upon them. They governed. George the Third thought that Alfred was a barbarian, and spoke of him with patronizing pity.
Alfred introduced the system of trial by jury, although the fact has been pointed out that he did not originate it. It goes back to the hardy Norseman who acknowledged no man as master, harking back to a time when there was no law, and to a people whose collective desire was supreme. In fact, it has its origin in "Lynch Law," or the rule of the Vigilantes. From a village turning loose on an offender and pulling him limb from limb, a degree of deliberation comes in and a committee of twelve are selected to investigate the deed and report their verdict.
The jury system began with pirates and robbers, but it is no less excellent on that account, and we might add that freedom also began with pirates and robbers, for they were the people who cried, "We acknowledge no man as master."
The early Greeks had trials by jury—Socrates was tried by a jury of five hundred citizens.
But let the fact stand that Alfred was the man who first introduced the jury system into England. He had absolute power. He was the sole judge and ruler, but on various occasions he abdicated the throne and said: "I do not feel able to try this man, for as I look into my heart I see that I am prejudiced. Neither will I name men to try him, for in their selection I might also be prejudiced. Therefore let one hundred men be called, and from these let twelve be selected by lot, and they shall listen to the charges and weigh the defense, and their verdict shall be mine."
We sometimes say that English Common Law is built on the Roman Law, but I can not find that Alfred ever studied the Roman Law, or ever heard of the Justinian Code, or thought it worth while to establish a system of jurisprudence. His government was of the simplest sort. He respected the habits, ways and customs of the common people, and these were the Common Law. If the people had a footpath that was used by their children and their parents and their grandparents, then this path belonged to the people, and Alfred said that even the King could not take it from them.
This deference to the innocent ways, habits and natural rights of the people mark Alfred as supremely great, because a great man is one great in his sympathies. Alfred had the imagination to put himself in the place of the lowly and obscure.
The English love of law, system and order dates from Alfred. The patience, kindliness, good-cheer and desire for fair play were his, plus. He had poise, equanimity, unfaltering faith and a courage that never grew faint. He was as religious as Cromwell, as firm as Washington, as stubborn as Gladstone. In him were combined the virtues of the scholar and patriot, the efficiency of the man of affairs with the wisdom of the philosopher. His character, both public and private, is stainless, and his whole life was one of enlightened and magnanimous service to his country.