20; Thorpe, 387. English law before the Con fixture in i,the quest, or was imported into it by the Nor mans.1 It is to be remarked that this early institution is still extant in a highly developed, though considerably modified form, for the ancient tithing corresponds very closely with the modern township or parish, and in it is to be found the germ, small though it be, of modern jurisprudence and procedure. Each man was required to belong to a hundred and a tithing 2 the same as he must now belong to a county and a township or parish; but the men of the township or parish are no longer " their brother's keeper " in the sense they were in the early English law; the tithingmen were standing securities for the good behavior of one another. If one broke the law, the other nine were required to hold him to right or make good his wrong. If they could not produce him, the " capital pledge," or head man, and two of his fellows, and the tithing-man and two others out of the three nearest firth-boths were required to purge their respective associations of com plicity in the flight of the criminal, or make good the mischief done by him. The courts at this time were in the nature of public meetings, attended by specified 1 A law of yEthelstan (/Ethel., ii, 2) enlarged by Edgar (Edg., iii, 6; iv, 3) required that every man should have a surety who should produce him in case of litigation, or answer for him if he were not forthcoming, and this law is reenacted by Cnut (Cnut, ii, 20) in connection with other police regulations. See, Gneist, Self-Government, i, 26. ./Ethel., iii, 7, § 2 provides that in case a reeve does not warrant any one of his lord's men, the suspected man must find twelve pledges among his kindred who shall stand security for him. This has the appearance of a frank-pledge, but may have been merely the compurga tor obligation of the kin.
- Alaw of Cnut provides that "ever)' freeman be
brought into a hundred and into a tything who wishes to be entitled to lad and wer in case any one shall slay him after he is xii years of age. Let him not afterwards be en titled to any free rights be he beuth -first, be he follower. And that every one be brought into a hundred and in horh, and let the borh hold and lead him to every plea. Many a powerful man will if he can and may defend his man in whatever way it seems to him that he may the more easily defend him, whether as a freeman or as a theoir. But we will not allow that injustice " Cnut, ii,
"suitors," or members, who selected a repre sentative body of twelve as a judicial com mittee of the court.3 The court was sum moned by verbal messengers sent throughout the district. The proceedings of the court partook of the native rudeness and simplicity of the people and the times. Neither scribes nor registrars attended the sittings of the court, and the memorials of the court reposed in the memory of the 'Witan, or judges, by whom the decisions and decrees were pro nounced.4 The procedure appears to have consisted simply of accusations and trials. The accusations might be made by the ju dicial committee of the court, by four reeves * of the township, or by a private accuser.6 The forms of oaths of accusation are given by Thorpe.? A sample by an individual ac cuser must suffice. One form ran as follows : "By the Lord before whom this relic is holy, I my suit prosecute with full folk right, without fraud and without deceit, and with out any guile, as was stolen from me the cattle by N., that I claim, and that I have attached with N. By the Lord I accuse not N., either from hatred, or for envy, or for unlawful lust of gain; nor know I anything so other, but as I my informant to me said, and I myself in sooth believe that he was the thief of my property." The accused person denied, in general terms, his guilt, upon the following oath : " By the Lord I am guiltless, both in deed and counsel of the charge of which N. accuses me." This being done, the 3 Evidently this was the forerunner of our modern grand jury. By the laws of Ethelred (Ethel., iii, 3; Thorpe, i, 294-5) '-s provided that a gemot be held in every wepentake, and the twelve senior thanes go out, and the reeve with them, and swear on a relic that is given to them in hand, that they will accuse no innocent man, nor conceal any guilty one.
- Palgrave, Comm., i, 143.
5 See Cnut. 30; Thorpe, i, 393. The laws of William the Conqueror provide : " Si ijuis in hundrciio inculpatus purget se manu xit" 6 See Laws of Ina, 64; Thorpe, i, 1 4 1-2; id., 179-185. 1 The form of the oath seems to have varied according to the nature of the offence charged.
