History of the English People, Volume I: Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216 — John Shaqi
History of the English People, Volume I: Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216Green, John Richard
History
History of the English People, Volume I: Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216
Green, John Richard
Great Britain -- History
Among the English, as among all the races of mankind, justice had
originally sprung from each man's personal action. There had been a time
when every freeman was his own avenger. But even in the earliest forms of
English society of which we find traces this right of self-defence was
being modified and restricted by a growing sense of public justice. The
"blood-wite" or compensation in money for personal wrong was the first
effort of the tribe as a whole to regulate private revenge. The freeman's
life and the freeman's limb had each on this system its legal price. "Eye
for eye," ran the rough code, and "life for life," or for each fair
damages. We see a further step towards the modern recognition of a wrong
as done not to the individual man but to the people at large in another
custom of early date. The price of life or limb was paid, not by the
wrong-doer to the man he wronged, but by the family or house of the
wrong-doer to the family or house of the wronged. Order and law were thus
made to rest in each little group of people upon the blood-bond which
knit its families together; every outrage was held to have been done by
all who were linked in blood to the doer of it, every crime to have been
done against all who were linked in blood to the sufferer from it. From
this sense of the value of the family bond as a means of restraining the
wrong-doer by forces which the tribe as a whole did not as yet possess
sprang the first rude forms of English justice. Each kinsman was his
kinsman's keeper, bound to protect him from wrong, to hinder him from
wrong-doing, and to suffer with him and pay for him if wrong were done.
So fully was this principle recognized that even if any man was charged
before his fellow-tribesmen with crime his kinsfolk still remained in
fact his sole judges; for it was by their solemn oath of his innocence or
his guilt that he had to stand or fall.
[Sidenote: The Land]
Public-domain text, read in full here on John Shaqi.
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