The History of England, Volume I: From the Invasion of Julius Caesar to the Revolution in 1688Hume, David
PhilosophyPhilosophy
The History of England, Volume I: From the Invasion of Julius Caesar to the Revolution in 1688
Hume, David
Great Britain -- History
prisoner, and deliver up his arms; in which case he may detain him
thirty days: but if he refuse to deliver up his arms, it is then
lawful to fight him. A slave may fight in his master's quarrel: a
father may fight in his son's with any one, except with his master
[s].
[FN [r] The addition of these last words in Italics appears necessary
from what follows in the same law. [s] LL. Aelfr. Sec. 28 Wilkins,
p. 43.]
It was enacted by King Ina, that no man should take revenge for an
injury till he had first demanded compensation, and had been refused
it [t].
[FN [t] LL. Inae, Sec. 9.]
King Edmond, in the preamble to his laws, mentions the general misery
occasioned by the multiplicity of private feuds and battles; and he
establishes several expedients for remedying this grievance. He
ordained that if any one commit murder, be may, with the assistance of
his kindred, pay within a twelvemonth the fine of his crime; and if
they abandon him, he shall alone sustain the deadly feud or quarrel
with the kindred of the murdered person: his own kindred are free from
the feud, but on condition that they neither converse with the
criminal, nor supply him with meat or OTHER NECESSARIES: if any of
them, after renouncing him, receive him into their house, OR GIVE HIM
ASSISTANCE, they are finable to the king, and are involved in the
feud. If the kindred of the murdered person take revenge on any but
the criminal himself, AFTER HE IS ABANDONED BY HIS KINDRED, all their
property is forfeited, and they are declared to be enemies to the king
and all his friends [u]. It is also ordained, that the fine for
murder shall never be remitted by the king [w]; and that no criminal
shall be killed who flies to the church, or any of the kings towns
[x]; and the king himself declares, that his house shall give no
protection to murderers, till they have satisfied the church by their
penance, and the kindred of the deceased, by making compensation [y].
The method appointed for transacting this composition is found in the
same law [z].
[FN [u] LL. Edm. Sec. 1. Wilkins, p. 73. [w] LL. Edm. Sec. 3. [x]
Ibid. Sec. 2. [y] Ibid. Sec. 4. [z] Ibid Sec. 7.]
These attempts of Edmond, to contract and diminish the feuds, were
contrary to the ancient spirit of the northern barbarians, and were a
step towards a more regular administration of justice. By the Salic
law, any man might, by a public declaration, exempt himself from his
family quarrels: but then he was considered by the law as no longer
belonging to the family; and he was deprived of all right of
succession, as the punishment of his cowardice [a].
[FN [a] Tit. 63.]
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