HUNDRED, in England, is an ancient territorial division intermediate between the parish or township and the county. Such subordinate districts were also known in different parts of the county as wapentakes, wards, and sometimes shires. The name wapentake, which seems to have a distinct reference to the military side of the organization, is generally connected with the Danish occupation, and is said to be found only in the Anglian districts,—Yorkshire, Lincolnshire, Nottinghamshire, Derbyshire, Rutlandshire, and Leicestershire. In some parts of England a further intermediate division is to be found between the hundred and the county. Thus in Yorkshire we have the trithing, or as it is now called the riding, in Lincolnshire the soke, the lathe in Kent, and the rape in Sussex. The origin of these divisions is generally ascribed to the creative genius of Alfred, who, according to the popular theory, divided the country into counties, the county into hundreds, and the hundreds into tithings or towns. The exact opposite would appear to have been the real process, the larger division being formed by the aggregation of the smaller groups. The significance of the name hundred is a question of some difficulty. The simplest theory is the old one that the hundred denoted first the group of a hundred families into which the community was divided, and’then the district occupied by the group, just as the tithing represents ten families and the district which the ten families occupy. Another view is that the hundred is a term of measurement only, denoting a hundred hides of land. Or again, it has been supposed to be the district from which the complement of one hundred warriors was furnished to the host. The hundred as a group of persons is a well-known feature of the constitution ...of the German tribes, e.g., as described by Tacitus, the centeni ex singulis pagis who formed the army, and the centeni ex plebe comites who acted as assessors to the chiefs. The hundred as a territorial division in later times is equally common. The real connexion between them is a matter of conjecture. “It is very probable that the colonists of Britain arranged themselves in hundreds of warriors; it is not probable that the country was carved into equal districts. The only conclusion that seems reasonable is that under the name of geographical hundreds we have the variously-sized pagi or districts in which the hundred warriors settled, the boundaries of these being determined by other causes” (Stubbs’s Constitutional History, vol. i.). As a territorial division, the hundred like the shire and the parish had its appropriate moot or court, of which the lords, the priest, and four representatives of the parish were members, and in which a specially selected body of twelve appears to have been charged with active judicial functions. The two leading features of the English constitution—representation and trial by jury—thus appear in germ at least in the old constitution of the hundred.
The hundred is now for most of its ancient purposes an obsolete division. The hundred courts were for the most part extinguished by a section in the County Courts Act, 1867, which enacts that no action which can be brought in a county court shall thenceforth be brought in a hundred court, or other inferior court, not being a court of record. The court of record for the hundred of Salford is an example of the survival of this ancient jurisdiction,
Perhaps the most important of the surviving duties of the hundred is its liability to make good damages occasioned by rioters. The 7 and 8 Geo. IV. c. 31 consolidates and amends the laws relating to remedy against the hundred. The principal section enacts that, if any church, house, or other building or section shall be feloniously pulled down or destroyed, the hundred or other district in the nature of a hundred by whatever name it shall be denominated shall be liable to yield full compensation to the persons damnified, provided such person, or his servant having charge of the property, appear before a justice of the peace within seven days after the commission of the offence, to give information. Actions of this kind must be commenced within three months after the offence. The 17 and 18 Vict. c. 104 (Merchant Shipping Act) gives the same remedy in the case of a wrecked ship if plundered by a riotous assemblage, the hundred in or nearest to which the offence was committed being made liable.
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