But although English society was divided by sharp lines, and broad intervals, it was not a system of caste either in the stricter or in the looser se… - William Stubbs

In the preservation of the old forms,—the compurgation by the kindred of the accused, the responsibility for the wergild, the representation of the township in the court of the hundred, and that of the hundred in the court of the shire; the choice of witnesses; the delegation to chosen committees of the common judicial rights of the suitors of the folkmoot; the need of witness for the transfer of chattels, and the evidence of the hundred or shire to the title to lands; the report of the hundred and shire as to criminals and the duty of enforcing their production and punishment, and the countless diversity of customs in which the several communities went to work to fulfil the general injunctions of the law,—in these remained the seeds of future liberties; themselves perhaps the mere shakings of the olive tree, the scattered grains that royal and noble gleaners had scorned to gather, but destined for a new life after many days of burial. They were the humble discipline by which a downtrodden people were schooled to act together in small things, until the time came when they could act together for great ones.

In a further stage the land becomes the sacramental tie of all public relations; the poor man depends on the rich, not as his chosen patron, but as the owner of the land that he cultivates, the lord of the court to which he does suit and service, the leader whom he is bound to follow to the host: the administration of law depends on the peace of the land rather than that of the people; the great landowner has his own peace and administers his own justice. The king still calls himself the king of the nation, but he has added to his old title new and cumbersome obligations towards all classes of his subjects, as lord and patron, supreme landowner, the representative of all original, and the fountain of all derived, political right.

It is far from easy to determine the mutual relations of the courts of the hundred and shire, and those of the manor and honour, or the co-ordinate departments of the bench, the pleas, and the exchequer, or the rival merits of the chancery, the house of lords, and the judicial committee of privy council. But that very complexity is a sign of growth; simplicity of detail signifies historically the extinction of earlier framework. That which springs up, as our whole system has done, on the principle of adapting present means to present ends, may be complex and inconvenient and empiric, but it is natural, spontaneous, and a crucial test of substantial freedom.