There is a sentimental admiration of 'Imperialism' growing up now-a-days,
under the pretentious titles of 'hero-worship,' and 'strong government;'
and the British constitution is represented as a clumsy and artificial
arrangement of the year 1688. 1688 after Christ? 1688 before Christ
would be nearer the mark. It is as old, in its essentials, as the time
when not only all the Teutons formed one tribe, but when Teutons and
Scandinavians were still united--and when that was, who dare say? We at
least brought the British constitution with us out of the bogs and moors
of Jutland, along with our smock-frocks and leather gaiters, brown bills
and stone axes; and it has done us good service, and will do, till we
have carried it right round the world.
As for these Lombard kings, they arose on this wise. After Alboin's
death the Lombards were for ten years under dukes, and evil times came,
every man doing what was right in his own eyes; enlarging their frontier
by killing the Roman landholders, and making the survivors give them up a
portion of their lands, as Odoacer first, and the Ostrogoths next, had
done. At last, tired of lawlessness, dissension and weakness, and
seemingly dreading an invasion from Childebert, king of the Franks, they
chose a king, Autharis the son of Cleph, and called him Flavius, by which
Roman title the Lombard kings were afterwards known. Moreover, they
agreed to give him (I conclude only once for all) the half of all their
substance, to support the kingdom. There were certain tributes
afterwards paid into the king's treasury every three years; and certain
fines, and also certain portions of the property of those who died
without direct heirs, seem to have made up the revenue. Whereon, Paul
says, perfect peace and justice followed.
Now for the laws, which were reduced into writing about sixty years
afterwards. The first thing that you will remark about these laws, is
that duel, wager of battle under shield, 'diremptio causae per pugnam sub
uno scuto,' is the earliest form of settling a lawsuit. If you cannot
agree, fight it out fairly, either by yourself or per campionem, a
champion or kemper man, and God defend the right. Then follows 'faida,'
blood-feud, from generation to generation. To stop which a man is
allowed to purge himself by oath; his own and that of certain neighbours,
twelve in general, who will swear their belief in his innocence. This
was common to the northern nations, and was the origin of our trial by
jury. If guilty, the offender has to pay the weregeld, or legal price,
set upon the injury he has inflicted. When the composition is paid,
there is an end of the feud; if after taking the composition the
plaintiff avenges himself, he has to pay it back. Hence our system of
fines.
This method of composition by fines runs through all the Teutonic laws;
and makes the punishment of death, at least among freemen, very rare.
Public-domain text, read in full here on John Shaqi.
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