The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
Among a people who lived in so simple a manner as the Anglo-Saxons, the
judicial power is always of greater importance than the legislative.
There were few or no taxes imposed by the states; there were few
statutes enacted; and the nation was less governed by laws, than by
customs, which admitted a great latitude of interpretation. Though it
should, therefore, be allowed, that the wittenagemot was altogether
composed of the principal nobility, the county courts, where all the
freeholders were admitted, and which regulated all the daily
occurrences of life, formed a wide basis for the government, and were no
contemptible checks on the aristocracy. But there is another power still
more important than either the judicial or legislative; to wit, the
power of injuring or serving by immediate force and violence, for which
it is difficult to obtain redress in courts of justice. In all extensive
governments, where the execution of the laws is feeble, this power
naturally falls into the hands of the principal nobility; and the
degree of it which prevails, cannot be determined so much by the public
statutes, as by small incidents in history, by particular customs, and
sometimes by the reason and nature of things. The highlands of Scotland
have long been entitled by law to every privilege of British subjects;
but it was not till very lately that the common people could in fact
enjoy these privileges.
The powers of all the members of the Anglo-Saxon government are disputed
among historians and antiquaries: the extreme obscurity of the subject,
even though faction had never entered into the question, would naturally
have begotten those controversies. But the great influence of the lords
over their slaves and tenants, the clientship of the burghers, the total
want of a middling rank of men, the extent of the mon archy, the loose
execution of the laws, the continued disorders and convulsions of the
state,--all these circumstances evince that the Anglo-Saxon government
became at last extremely aristocratical; and the events, during the
period immediately preceding the conquest, confirm this inference or
conjecture.
Both the punishments inflicted by the Anglo-Saxon courts of judicature,
and the methods of proof employed in all causes, appear somewhat
singular, and are very different from those which prevail at present
among all civilized nations.