and its Meetings of the Wise into a County Court.
But save that the king’s reeve had taken the
place of the king and that the Norman legislation
had displaced the Bishop and set four Coroners by
the Sheriff’s side, the gathering of the freeholders
remained much as of old. The local knighthood,
the yeomanry, the husbandmen of the county, were all
represented in the crowd that gathered round the Sheriff,
as guarded by his liveried followers he published the
king’s writs, announced his demand of aids,
received the presentment of criminals and the inquest
of the local jurors, assessed the taxation of each
district, or listened solemnly to appeals for justice,
civil and criminal, from all who held themselves oppressed
in the lesser courts of the hundred or the soke.
It was in the County Court alone that the Sheriff could
legally summon the lesser baronage to attend the Great
Council, and it was in the actual constitution of
this assembly that the Crown found a solution of the
difficulty which we have stated. For the principle
of representation by which it was finally solved was
coeval with the Shire Court itself. In all cases
of civil or criminal justice the twelve sworn assessors
of the Sheriff, as members of a class, though not
formally deputed for that purpose, practically represented
the judicial opinion of the county at large.
From every hundred came groups of twelve sworn deputies,
the “jurors” through whom the presentments
of the district were made to the royal officer and
with whom the assessment of its share in the general
taxation was arranged. The husbandmen on the outskirts
of the crowd, clad in the brown smock frock which
still lingers in the garb of our carters and ploughmen,
were broken up into little knots of five, a reeve and
four assistants, each of which knots formed the representative
of a rural township. If in fact we regard the
Shire Courts as lineally the descendants of our earliest
English Witenagemots, we may justly claim the principle
of parliamentary representation as among the oldest
of our institutions.
[Sidenote: Knights of the Shire]
It was easy to give this principle a further extension
by the choice of representatives of the lesser barons
in the shire courts to which they were summoned; but
it was only slowly and tentatively that this process
was applied to the reconstitution of the Great Council.
As early as the close of John’s reign there
are indications of the approaching change in the summons
of “four discreet knights” from every county.
Fresh need of local support was felt by both parties
in the conflict of the succeeding reign, and Henry
and his barons alike summoned knights from each shire
“to meet on the common business of the realm.”
It was no doubt with the same purpose that the writs
of Earl Simon ordered the choice of knights in each
shire for his famous Parliament of 1265. Something
like a continuous attendance may be dated from the
accession of Edward, but it was long before the knights