became a part of the kingdom, not the territorial appendage of a city. In England the city has always constituted an integral and dependent part of the shire, at most having an independence in local affairs based strictly on the concessions of its charter.

IV.—AFFILIATED AND DIFFERENTIATED FORMS OF THE TOWNSHIP: THE TITHING AND THE MANOR.

The history of the various offshoots of the township furnishes one of the most interesting examples of institutional evolution. In the adaptation of its organism to the discharge of new groups of functions, required by a more developed and complex social life, a process takes place strictly analogous to the differentiation of variety or species in animal or vegetable forms. The township is historically identical with no less than four bodies, none of which are popularly associated with it. These are the tithing, the manor, the parish, and the borough. The development of the latter from the burh or more strictly organized township of the old English period, constituting a most interesting example of institutional evolution, cannot here be traced the others will be noticed in the order named.1

(a).-The Tithing.

The origin of the teothung or tithing is very obscure. The name itself seems to imply either a tenth of some larger whole, as the hundred, or a union of ten men or families. On the Continent traces of such an institution as a mere numerical division of the host have been discovered in the laws of the Franks, Bavarians and Burgundians. Simply as a personal body it may, perhaps, be regarded as a common Germanic

1On the evolution of the Borough, see Vol. II.

2K. Maurer, Krit. Ueb., I, 76.

1

institution; but on the Continent it does not appear anywhere to have reached the stage of localization. Whatever may have been its original character, the tithing first comes to view in England in the laws of Eadgar, seemingly as both a personal and territorial division of the hundred.3 In some instances, therefore, it would probably already correspond to the township for the name had lost the exact numerical significance which it may once have possessed. At any rate the result was in many cases, that sooner or later both the name and the functions were sunk in the township. On the other hand it is remarkable that in some shires an opposite process has taken place. According to Pearson "all the counties south of the Thames, except Kent and Cornwall, and the two counties of Gloucestershire and Worcestershire, contain one or more tithings, which still have distinct limits. In some cases two or more tithings make up a parish; in others the tithing is added on. Elsewhere sub-divisions of this sort are known as townships or hamlets. The former is the usual term in the west and north: the latter in the east." 995

1 Waitz, I, 167, denies that the tithing was an original Teutonic institution. Gneist, Hist. Eng. Const., I, 51, 458 f., declares that the decania or decuria of the Franks and other continental Germans was a mere division of the host without constitutional significance. See his Selfgovernment (1871); cf. Creasy, Hist. of England, I, 169.

2 Eadgar, I, 2: in case of stolen cattle "let it be made known to the hundredman, and let him (make it known) to the tithingmen; and let all go forth to where God may direct them to go: let them do justice on the thief," etc.: Thorpe, I, 259. Cf. Eadgar, I, 4. Canute, Secular Laws, 20: Thorpe, I, 387, orders every free man to be brought into a hundred and a tithing. 3 Gneist, Hist. Eng. Const., I, 51-2, denies that the old English tithing had any local significance, local tithings appearing first in the 14th century. But see Pearson, Mid. Ages, I, 250–1; Palgrave, Commonwealth, II, CXXI; Phillips, Angelsächs. Rechts., 82; Stubbs, I, 86.

4

* Palgrave, Commonwealth, I, 192; II, CXXI; Waitz, Verfassungsgeschichte, I, 448. Cf. Spencer, Principles of Sociology, II, 462 ff.; Dr. H. B. Adams, Saxon Tithingmen, 16 ff.

5 Pearson, Historical Maps, 57. Cf. Ib., p. 29; Stubbs, Const. Hist., I, 86,

note 2.

In the tenth century, however, the tithing was employed mainly as a police organization. The only officer was the tithingman-the prototype of the petty constable. His duties, like those of the hundredman above him, were largely concerned with the pursuit of thieves and other malefactors and the search for stolen goods.1

(b).-The Manor.2

It was by an interesting but entirely natural process that the tunscipe became transformed into the manor. The name3

1See further, Kemble, Saxons, I, Chap. IX, who, however, confuses the tithing with the gegyldan and the frankpledge. The whole subject is reviewed by Waitz, Verfassungsgeschichte, I, Beilage I, 424 ff.; K. Maurer, Krit. Ueb., I, 87-96; Toulmin Smith, The Parish, 15-16; Hallam, Mid. Ages, II, 265, 273 ff.; Taswell-Langmead, Const. Hist., 35–6; Barnes, Origin of the Hundred and Tithing, in Journal of Brit. Archæological Association, 1872, pp. 21 ff.; Allen, Town, Township and Tithing, 152 ff.

2 One of the earliest treatises on manorial law is Le Court Leete et Court Baron of John Kitchin, 1598. It is written in French and was designed as a practical manual for guidance of the courts. I have used a copy from the edition of 1623, kindly loaned me by Dr. H. B. Adams, of Baltimore. A later and more convenient work is the Practice of Courts-Leet and CourtsBaron, by Chief-Justice Scroggs, London, 1728. On the history of the manor some valuable notices may be found in Ellis' Introduction to Domesday Book; and Pearson's Historical Maps of England contains very interesting matter, especially the discussion of the relations of the manor to the township, parish, tithing, and hundred: see pp. 29 ff., 56 ff. The functions of the manorial courts are illustrated in Edward Peacock's Notes from the Court Rolls of the Manor of Scotter, where curious extracts from the original records are given. Glanville has one or two important passages; and manorial tenures are treated in Elton's Tenures of Kent and Somner's Of Gavelkind.

Among modern accounts I have found that of Gneist in his Selfgovernment and the Const. Hist. most satisfactory. For the early period Stubbs' Constitutional History is indispensable. Biener's Geswornengericht, Vol. I, Seebohm's

Skeat: properly "a place to dwell in;" from old French manoir, maneir, to dwell: from Latin manere. Cf. Littre, manoir. Mansus is the corresponding Latin word in the documents of the Saxon period. Gneist, Hist. Eng. Const., I, 148.

and the full development of the usages and organism of the latter belong, of course, to the Norman era. But territorially it originated, if not already in the age of Tacitus,1 at least early in the old English period, being identical with the dependent township, already mentioned. In the later Saxon reigns great numbers of such large estates must have been created by grants of folc-land, and the grants usually included the profits of jurisdiction, if not the jurisdiction itself. And in those instances where full jurisdiction, civil and criminal, equivalent to that of the hundred court, was gained by lords with grants of sac and soc, the development of the manor was essentially complete.2

Village Community, Blackstone's Commentaries, Toulmin Smith's Parish, Stephen's History of Criminal Law, Spelmann's Glossary, and various other authorities have been of service. The difficulties of the question as to the origin of manors and of the original status of the bulk of the population whether free or servile, are clearly explained in Mr. W. J. Ashley's Introduction to English Economic History and Theory.

Leading special works on the law and procedure of the manorial courts are Scriven, Treatise on Copyhold; Ritson, Jurisdiction of the Court Leet; Jacob, Complete Court Keeper or Lord Steward's Assistant; Watkins, On Copyholds; Elton, Custom and Tenant Right; Hazlitt, Tenures of Land and Customs of Manors. For a bibliography of the subject see Gomme, Literature of Local Institutions, 168 ff., where may also be found a good historical sketch.

Lawrence's Extracts from the Court Rolls of the Manor of Wimbledon is a mine of information with respect to local customs and the business of the courts leet and baron. The as yet unpublished manuscript of Mr. Chas. M. Andrews, Fellow in History at the Johns Hopkins University, on the Anglo-Saxon Manorial Life, contains the best treatment which I have seen of that phase of the subject. Mr. Andrews' work will be published in the University Studies.

1 As held by Ross and Seebohm. Stubbs, I, 33, thinks the "lordship— that quasi-manorial system-is only in very few particulars reconcilable with the sketch of Tacitus."

2 Whether grants of anything more than the profits of jurisdiction existed until the very eve of the Norman Conquest is a matter of dispute. Stubbs, I, 184-6, believes private jurisdiction may have existed very early, and become general in the reign of Canute; but see on the whole question the Anglo-Saxon Courts of Law, by Prof. Henry Adams, Essays, pp. 27–54, who

The single manor was merely the township, territorially and personally, under new judicial and economical conditions. The great honor or liberty, it is true, often comprised an entire hundred, or even a county or parts of several counties; but these were composed of single manors whose organization was not destroyed by their incorporation in the larger body.' The transformation of the township into a manor did not necessarily imply a loss of liberty, of the right of self-government. The feudal lord might by usurpation become a grievous oppressor, but organically the old privileges were maintained: "the existence of the relations of homage made no difference in the fact of Local Self-Government-only in the particular form under which it should be exercised." The essence of the change lay in the fact that a public jurisdiction was lodged in private hands.3 In the Norman manor the old township gerefa is represented by the lord's steward; and the Saxon bydel appears as the bailiff; but it is interesting to note, as an instance of the differentiation of functions, that the old reeve and bydel still exist side by side with the new functionaries, but in a subordinate capacity under the name of grave and bedell; while for purposes of representation the "reeve and four" still appear in the hundred and shire moots.*

The local affairs of each manor were transacted in several different courts or assemblies. In the "court customary held before the steward the business of the domestics and tenants of the domain lands-the villani, later copy-holders

maintains that no such jurisdiction existed before Edward the Confessor. Contrary to the usual view, he holds that soen means a grant of the profits of jurisdiction, and that sacu, German sache, means jurisdiction. Ib., p. 40 ff. Cf. K. Maurer, Krit. Ueb., II, 57 f.; Schmid, Glossar, pp. 653, and Gneist, Hist. Eng. Const., I, 52, 147 f., 170, who favor the earlier origin. See, also, Ellis, Int. to Domesday Book, I, 224 ff.; Pearson, Historical Maps, 29; Elton, Tenures of Kent, 9, 121; Gomme, Literature of Local Inst., 171 ff. 1Stubbs, I, 399–402; Gneist, Hist. Eng. Const., I, 148–9, 173 note. 2 Toulmin Smith, Self-Government, 223–4.

Stubbs, Const. Hist., I, 401.

'Stubbs, Const. Hist., I, 274.