Kings Peace and English P eace-Magistracy. 33 



without whose co-operation nothing may be bought or sold in 

 the community. The man who purposes to ride forth to 

 purchase an ox or a horse must tell his "neighbor" of the 

 fact, and when he returns must make known who were the 

 witnesses to the purchase, else he is liable to be seized as a 

 thief.^ A third law of the same king is of greater historic 

 importance in this connection, and may be regarded as a 

 development of that of yEthelstan already cited. Every one 

 is required to furnish a surety, who shall be liable in case of 

 misconduct for what may seem just. Should the thief be 

 produced within twelve months, the sum forfeited is to be 

 restored to the surety. In case any one refuses or is unable 

 to find a surety, or is persistent in wrongdoing after thrice 

 being summoned to appear before the hundred moot, mem- 

 bers of that body are enjoined to take him dead or alive and 

 seize his goods. Out of the latter the injured is to be satis- 

 fied, and what remains is to be divided between the "lord" 

 and the hundred in equal parts. The open thief and the 

 traitor to his lord shall have no mercy, save through the 

 grace of the king.^ 



The police machinery of the old English was greatly sup- 

 plemented by an institution dating from the reign of ./Ethel- 

 red (978-1016), which by some writers is regarded as the 

 germ of the grand jury: Every wapentake shall have its 

 moot; and the "twelve senior thegns," together with the 

 reeve, are to go forth and present all criminals, being sworn 

 on the halidom to accuse none falsely and to suffer no guilty 

 one to escape.^ Whether this institution was permanent or 

 existed throughout all England, it is impossible to say; but 

 the "twelve senior thegns," who acted as judges and jury in 

 each hundred and shiremoot, may have performed the same 

 duties.* 



Canute (1016-1035) required every person over twelve 



1 Eadgar, IV, 3-1 1 : Schmid, Geseize, 196-7. 

 ^ Eadgar, III, 6, 7: Schmid, Gesetze, 190-93. 

 3 ^thelred, III, 3: Schmid, Gesetze, 213-15. 

 * Stubbs, Const. Hist., I, 102-3, "S- 

 267 



