The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
[9: LL. Æthelst. sect. 10, 12. LL.Edg. apud
Wilkins, p. 80. LL Ethelredi, sect 4, apud Wilkins, p. 103.
Hloth. et Eadm. sect 16. LL. Canute. sect. 22.]
Gangs of robbers much disturbed the peace of the country, and the law
determined that a tribe of banditti, consisting of between seven and
thirty-five persons, was to be called a “turma,” or troop; any greater
company was denominated an army.[*] The punishments for this crime were
various, but none of them capital.[**] If any man could track his stolen
cattle into another’s ground, the latter was obliged to show the tracks
out of it, or pay their value.[***]
Rebellion, to whatever excess it was carried, was not capital but
might be redeemed by a sum of money.[****] The legislators, knowing
it impossible to prevent all disorders, only imposed a higher fine
on breaches of the peace committed in the king’s court, or before an
alderman or bishop. An ale-house, too, seems to have been considered as
a privileged place; and any quarrels that arose there were more severely
punished than else where.[*****]
[* LL. Inæ, sect. 12.]
[* LL. Inæ, sect. 37.]
[* LL. Æthelst. sect. 2. Wilkins, p. 63.]
[* LL. Ethelredi, apud Wilkins, p. 110. LL. Ælf. sect. 4.
Wilkins, p35.]
[* LL. Hloth. et Eadm. sect. 12, 13. LL. Ethelr. apud
Wilkins, P 117.]
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 those 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 honor, 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 honorable in all engagements than their posterity, who from
experience have omitted those ineffectual securities. This general
proneness to assumed 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,[*]
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.[**] The practice also of single combat was employed by most