The History of England, Volume I: From the Invasion of Julius Caesar to the Revolution in 1688 — David Hume — John Shaqi
The History of England, Volume I: From the Invasion of Julius Caesar to the Revolution in 1688
David Hume · en
Among that military and turbulent people, so averse to commerce and
the arts, and so little inured to industry, justice was commonly very
ill administered, and great oppression and violence seem to have
prevailed. These disorders would be increased by the exorbitant power
of the aristocracy; and would, in their turn, contribute to increase
it. Men, not daring to rely on the guardianship of the laws, were
obliged to devote themselves to the service of some chieftain, whose
orders they followed, even to the disturbance of the government, or
the injury of their fellow-citizens, and who afforded them, in return,
protection from any insult or injustice by strangers. Hence, we find
by the extracts which Dr. Brady has given us from Domesday, that
almost all the inhabitants, even of towns, had placed themselves under
the clientship of some particular nobleman, whose patronage they
purchased by annual payments, and whom they were obliged to consider
as their sovereign, more than the king himself, or even the
legislature [k]. A client, though a freeman, was supposed so much to
belong to his patron, that his murderer was obliged by law to pay a
fine to the latter, as a compensation for his loss; in like manner as
he paid a fine to the master for the murder of his slave [l]. Men who
were of a more considerable rank, but not powerful enough each to
support himself by his own independent authority, entered into formal
confederacies with each other, and composed a kind of separate
community, which rendered itself formidable to all aggressors. Dr.
Hickes has preserved a curious Saxon bond of this kind, which he calls
a SODALITIUM, and which contains many particulars characteristical of
the manners and customs of the times [m]. All the associates are
there said to be gentlemen of Cambridgeshire, and they swear before
the holy relics to observe their confederacy, and to be faithful to
each other: they promise to bury any of the associates who dies, in
whatever place he had appointed; to contribute to his funeral charges,
and to attend at his interment; and whoever is wanting in this last
duty, binds himself to pay a measure of honey. When any of the
associates is in danger, and calls for the assistance of his fellows,
they promise, besides flying to his succour, to give information to
the sheriff; and if he be negligent in protecting the person exposed
to danger, they engage to levy a fine of one pound upon him: if the
president of the society himself be wanting in this particular, he
binds himself to pay one pound; unless he has the reasonable excuse of
sickness, or of duty to his superior. When any of the associates is
murdered, they are to exact eight pounds from the murderer; and if he
refuse to pay it, they are to prosecute him for the sum at their joint
expense. If any of the associates who happens to be poor kill a man,
the society are to contribute, by a certain proportion, to pay his