There is one institution of those days to which Mr. Goldwin Smith has not done entire justice. It is needless to say that the Eric, or pecuniary composition for blood, in place of capital or other punishment, which the Brehon law sanctioned, is the reproach of all primitive codes, and of none. It is the first step from the license of savage revenge to the ordered justice of a regular law (p. 41). Pecuniary composition for blood belongs to an advanced period of defined and regular criminal jurisprudence. In the lowest form of civil society, when the State is not yet distinct from the family, the family is compelled to defend itself; and the only protection of society is the vendetta. It is the private right of self-defence combined with the public office of punishment, and therefore not only a privilege but an obligation. The whole family is bound to avenge the injury; but the duty rests first of all with the heir. Precedency in the office of avenger is naturally connected with a first claim in inheritance; and the succession to property is determined by the law of revenge. This leads both to primogeniture, because the eldest son is most likely to be capable of punishing the culprit; and, for the same reason, to modifications of primogeniture, by the preference of the brother before the grandson, and of the male line before the female. A practice which appears barbarous is, therefore, one of the foundations of civilisation, and the origin of some of the refinements of law. In this state of society there is no distinction between civil and criminal law; an injury is looked upon as a private wrong, not, as religion considers it, a sin, or, as the State considers it, a crime. Something very similar occurs in feudal society. Here all the barons were virtually equal to each other, and without any superior to punish their crimes or to avenge their wrongs. They were, therefore, compelled to obtain safety or reparation, like sovereigns, by force of arms. What war is among States, the feud is in feudal society, and the vengeance of blood in societies not yet matured into States--a substitute for the fixed administration of justice. The assumption of this duty by the State begins with the recognisance of acts done against the State itself. At first, political crimes alone are visited with a public penalty; private injuries demand no public expiation, but only satisfaction of the injured party. This appears in its most rudimentary form in the _lex talionis_. Society requires that punishment should be inflicted by the State, in order to prevent continual disorders. If the injured party could be satisfied, and his duty fulfilled without inflicting on the criminal an injury corresponding to that which he had done, society was obviously the gainer. At first it was optional to accept or to refuse satisfaction; afterwards it was made obligatory.