The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
We must conceive that the ancient Germans were little removed from the
original state of nature: the social confederacy among them was more
martial than civil: they had chiefly in view the means of attack or
defence against public enemies, not those of protection against their
fellow-citizens: their possessions were so slender and so equal, that
they were not exposed to great danger; and the natural bravery of the
people made every man trust to himself and to his particular friends for
his defence or vengeance. This defect in the political union drew much
closer the knot of particular confederacies: an insult upon any man was
regarded by all his relations and associates as a common injury: they
were bound by honor, as well as by a sense of common interest,
to revenge his death, or any violence which he had suffered: they
retaliated on the aggressor by like acts of violence; and if he were
protected, as was natural and usual, by his own clan, the quarrel was
spread still wider, and bred endless disorders in the nation.
The Frisians, a tribe of the Germans, had never advanced beyond this
wild and imperfect state of society; and the right of private revenge
still remained among them unlimited and uncontrolled.[*] But the other
German nations, in the age of Tacitus, had made one step farther towards
completing the political or civil union. Though it still continued to be
an indispensable point of honor for every clan to revenge the death or
injury of a member, the magistrate had acquired a right of interposing
in the quarrel, and of accommodating the difference. He obliged the
person maimed or injured, and the relations of one killed, to accept of
a present from the aggressor and his relations,[**] as a compensation
for the injury.[***] and to drop all farther prosecution of revenge.
That the accommodation of one quarrel might not be the source of more,
this present was fixed and certain according to the rank of the person
killed or injured, and was commonly paid in cattle, the chief property
of those rude and uncultivated nations.
[* LL. Fris. tit. 2, apud Lindenbrog. p. 491.]
[** LL. Æthelb, sect. 23. LL. Ælf. sect. 27]
[*** Called by the Saxons “maegbota.”]
A present of this kind gratified the revenge of the injured family by
the loss which the aggressor suffered: it satisfied then pride by the
submission which it expressed: it diminished their regret for the loss
or injury of a kinsman by their acquisition of new property; and thus
general peace was for a moment restored to the society.[*]