Page:War and Other Essays.djvu/58

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ESSAYS OF WILLIAM GRAHAM SUMNER

a great reality; it went with the development of the modern state. The king's peace was a name for a central civil authority which could put down all private war and violations of public order and establish a peace-group over a great extent of territory, within which rights, law, and civil authority should be secured by competent tribunals. In the Holy Roman Empire of the German nation the public general peace of the empire was introduced in 1495, but the emperors never had the means to enforce it, and it did not exist until 1873. We can see how the king's peace grew by the following case: Canute the Dane made a law in England that, if any unknown man was found dead, he should be assumed to be a Dane and a special tax, called murdrum, should be paid for him to the king. William the Conqueror followed this example, only the unknown man was assumed to be a Norman; if it could be proved that he was an Englishman ("proving his Englishry") then the murderer or the hundred had nothing to pay to the king but only the legal compensation to the family of the deceased, if he had one.[1] This means that the king first extended his peace over his own countrymen by a special penalty on the murder of one of them, while Englishmen were left only under the old law of compensation for blood revenge; but in time equal protection was extended to all his subjects. Again, at the time of the Conquest all crimes committed on the roads which ran through a city (Canterbury, for instance) were crimes against the king's peace — which also extended one league, three perches, and three feet beyond the city gate. This means that the high roads which ran through a town were first brought under the king's peace, and this peace also extended beyond the royal burgh for an extent which

  1. Inderwick, F. A.: The King's Peace, 27.