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
[MN Rules of proof.]
If the manner of punishing crimes among the Anglo-Saxons appear
singular, the proofs were not less so; and were also the natural
result of the situation of the people. Whatever we may imagine
concerning the usual truth and sincerity of men who live in a rude and
barbarous state, there is much more falsehood, and even perjury among
them, than among civilized nations; virtue which is nothing but a more
enlarged and more cultivated reason, never flourishes to any degree,
nor is founded on steady principles of honour, except where a good
education becomes general; and where men are taught the pernicious
consequences of vice, treachery, and immorality. Even superstition,
though more prevalent among ignorant nations, is but a poor supply for
the defects in knowledge and education: our European ancestors, who
employed every moment the expedient of swearing on extraordinary
crosses and relics, were less honourable in all engagements than their
posterity, who, from experience, have omitted those ineffectual
securities. This general proneness to perjury was much increased by
the usual want of discernment in judges, who could not discuss an
intricate evidence, and were obliged to number, not weigh, the
testimony of the witnesses [t]. Hence the ridiculous practice of
obliging men to bring compurgators, who, as they did not pretend to
know any thing of the fact, expressed upon oath, that they believed
the person spoke true; and these compurgators were in some cases
multiplied to the number of three hundred [u]. The practice also of
single combat was employed by most nations on the continent as a
remedy against false evidence [w]; and though it was frequently
dropped, from the opposition of the clergy, it was continually revived
from experience of the falsehood attending the testimony of witnesses
[x]. It became at last a species of jurisprudence: the cases were
determined by law, in which the party might challenge his adversary,
or the witnesses, or the judge himself [y]: and though these customs
were absurd, they were rather an improvement on the methods of trial
which had formerly been practised among those barbarous nations, and
which still prevailed among the Anglo-Saxons.
[FN [t] Sometimes the laws fixed easy general rules for weighing the
credibility of witnesses. A man whose life was estimated at 120
shillings, counterbalanced six ceorles, each of whose lives was only
valued at 20 shillings, and his oath was deemed equivalent to that of
all the six. See Wilkins, p. 72. [u] Praef. Nicol. ad Wilkins, p 11.
[w] LL. Burgund. cap. 45. LL. Lomb. lib. 2. tit. 55, cap. 34. [x]
LL. Longob. lib. 2. tit. 55. cap. 23. apud Landenb. p. 661. [y] See
Desfontaines and Beaumanoir.]
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