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of the state. He summoned representatives of the towns as well as of the counties to meet him. He urged them to grant money; they petitioned for relief from various grievances. If the king wanted to get their money he must listen to their petitions. When these petitions were granted, they became laws. In this way the “Parliament,” as the gathering of representatives was called, came to have a share in making laws. The state came to include merchants as well as warriors.
THE STATE AS SOURCE OF ORDER, A COMMON LAW, AND PRIVATE PROPERTY IN LAND
ODAY most of us live without fear of being attacked by raiders from the neighborhood; we do not expect to be robbed when we go on a journey nor to have our homes broken into while we are asleep. We do not carry weapons when we go to our work, and perhaps have two or three armed guards to protect us; nor do we build our houses in such a way that we can command the entrance with a gun. We make windows large enough to let in light instead of making narrow slits in the wall. If we sell goods to a man who refuses to pay, or if we work for a man who does not give us our wages, we can sue him, and if we can make it clear to the judge and jury that the man is attempting to defraud us we may expect that the court will compel him to pay his debt. All this is part of what we mean by peace and order. It is now so common that we take it as a matter of course. But it has not always been so. It was the state which undertook first to defend the country against foes and raids from without and then to keep peace and maintain good order within. In tracing the progress of the state in performing these tasks, illustrations will be taken chiefly from early England, because our own institutions—our laws and government— came to us largely from that country. (1) The state gave to its members greater security
Protection from foreign enemies
from outside enemies. The early clan, as we have seen,
assault him there, was a breach of his peace. The origin of the feeling about this may go clear back to the animal world. A dog, or even so timid a beast as a rabbit, will fight better on his own ground. The aggressor frequently acts as if he knew that he was out of his own bounds.
So the king would have an especial right to have peace in his own house. It was an easy step from this to extend the house that the king lived in to the house or precincts of the king's court; then to the king's highway, to the king's servants, and to the markets held under his protection. Finally, what was a privilege of the few, and of a small region, was held to cover all men and all places in the kingdom. If a man wanted to get the powerful help of the king's courts, he could claim that the king's peace had been broken. This made it far more dangerous to rob and kill. At first this "peace” of the king was supposed to hold only while the king was alive. When a king died there was no king's peace until the new king was crowned. Hence, there was sometimes a sort of " open period ” as we say now with reference to shooting game. When Henry I died in 1135 “ there was tribulation in the land, for every man that could forthwith robbed another."
Besides punishing crime, the state aimed also in many ways to prevent crime. A curfew law compelled all to cover up their fires and stay in after eight o'clock in the evening. One of the chief means of keeping order was a system of small responsible groups. By an ingenious change of the old principle that a man's kin were responsible, the state required every man, with a few exceptions, to belong to a small group called “ frankpledge,” or sometimes " tithing,” which could be held responsible. When any man was accused of a
Curfew and frankpledge