Mediæval London, Volume 2: EcclesiasticalBesant, Walter
History
Mediæval London, Volume 2: Ecclesiastical
Besant, Walter
London (England) -- History -- To 1500; London (England) -- Social life and customs -- To 1500
“The family was, according to these historians (Waitz and Lappenberg),
a community of all-comprehending importance, and its care provided
completely for nearly all the wants of the individual. This it was
able to do in consequence of the then simplicity of life. The minor
found in it his protection; the insulted, the natural friends who
sympathised with him most keenly in every injury inflicted, and who
helped him to procure satisfaction. He who would engage in those
pursuits which alone in that age were worthy of a freeman, and which
at the same time promised riches and fame—in chase, feuds, and
war—found in the family his natural allies. Naturally, he who fell
into poverty, or sickness, or any other kind of distress, obtained
from the family the necessary help; and it provided of course for the
burial of the dead, whose heir it was. These are indeed the first, and
are even nowadays the practical results of the family union. For the
murdered, there arose from the midst of his family an avenger; to the
robbed it gave the necessary help to prosecute and punish the thief,
and to obtain restitution of the plunder. Further consequences of
the nature of the family compact were, that the members were obliged
to maintain peace amongst themselves; that they were not entitled to
appear against each other in a court of justice; and, on the other
hand, that they were called upon to punish members, especially women,
who had violated the right of the family. Before the community, too,
it became answerable for its members. The payment of the forfeited
_wergild_ was, in all cases of offence—which according to ancient
usage and custom claimed revenge—the concern of the whole family.
The family appeared as such an intimate union of its members, that
this responsibility of the whole body for the individual member
commended itself to the sense of justice of the people as a matter of
course. But as it answered for the compensation, and took part in the
payment thereof, and assisted the guilty in order that he might not
forfeit life and limb to his antagonist, so it supplied the accused
also with compurgators from among its members to ward off an unjust
condemnation. In former times this family bond comprehended all
relatives without limitation of degree; but in later days it became
restricted to the nearer kinsfolk.”
Public-domain text, read in full here on John Shaqi.
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