THE SMITHSONIAN INSTITUTION. 161 



the heptarchy ; and again, how each of these was parcelled out into 

 those various divisions, the counties, shires, hundreds, tithin,2;s, and 

 other partitions, the origin of which perplex the antiquarian. The old 

 Saxon spirit of local independence and authority animated the local 

 institutions, assemblies, tribunals of various kinds, with an energy that 

 never could have been developed under a strongly controlling central 

 power. 



When the Norman conqueror sought to complete the subjugation of 

 England, by introducing the laws and institutions of his own country, 

 and a rigorous establishment of the feudal system, all this Saxon variety 

 of law, of usage, of manners, and of men, was a perpetual hindrance, 

 which it was part of the conquest to do away with. The conqueror's 

 strong hand was laid on the free diversities which the Saxon had been 

 used to of old, for conquest, dominion, empire, demanded more of a 

 submissive uniformity ; and accordingly, as an instance of it, we find 

 the conqueror introducing, for the aihninistration of justice, an office 

 unknown to the Saxon — the office of chief justiciar. The biographer 

 of the English Chief Justices remarks, in the opening sentence ot his 

 work : 



" The office of Chief Justice, or Chief Justiciar, was introduced into 

 England by William the Conqueror, from Normandy, where it had 

 long existed. The functions of such an officer would have ill accorded 

 with the notions of our Anglo-Saxon ancestors, who had a great anti- 

 pathy to centralization, and prided themselves upon enjoying the rights 

 and the advantages of self-government. 



* * * "In Normandy, the interference of the supreme 



government was much more active than in England ; and there existed 

 an officer called Chief Justiciar, who superintended the administra- 

 tion of justice over the whole dukedom, and on whom, according to 

 the manners of the age, both military and civil powers of great mag- 

 nitude were conferred." Lord Campbell adds in a note : "It is curious 

 to observe that, notwithstanding the sweeping change of laws and in- 

 stitutions introduced at the conquest, the characteristic difference 

 between Frenchmen and Englishmen, in the management of local 

 affiiirs, still exists after the lapse of so many centuries ; and that, while 

 with us parish vestries, town councils, and county sessions are the 

 organs of the petty confederated republics into which England is par- 

 celled out, in France, whether the tbrm of government be nominally 

 monarchical or republican, no one can alter the direction of a road, 

 build a bridge, or open a mine, without the authority of the ' Ministre 

 des Fonts et Chaussees.' In Ireland, there being much more Celtic 

 than Anglo-Saxon blood, no self-reliance is felt, and a disjiosition pre- 

 vails to throw eveiwthing upon the government." 



This Saxon characteristic is to be discovered not only in the number 

 but also in the diversity of local institutions, arising Irom diversity of 

 character and traditional influences. Although in the course of time — 

 many centuries — such diversities have been smoothed down by many 

 assimilating processes, perhaps no country on the face of the earth, 

 within so narrow a space, presents so great variety of customs as Eng- 

 land continues to do. Habits, manners, the tenure of land, rules of 

 inheritance, display a free variety strongly contrasted with the servile 

 Mis. Doc. 24 11 



