The History of England, Volume I: From the Invasion of Julius Caesar to the Revolution in 1688
David Hume · en
fine: a mark a-piece if the fine be seven hundred shillings; less if
the person killed be a clown or ceorle; the half of that sum, again,
if he be a Welshman. But where any of the associates kills a man,
wilfully and without provocation, he must himself pay the fine. If
any of the associates kill any of his fellows in a like criminal
manner, besides paying the usual fine to the relations of the
deceased, he must pay eight pounds to the society, or renounce the
benefit of it; in which case, they bind themselves, under the penalty
of one pound, never to eat or drink with him, except in the presence
of the king, bishop, or alderman. There are other regulations to
protect themselves and their servants from all injuries, to revenge
such as are committed, and to prevent their giving abusive language to
each other; and the fine, which they engage to pay for this last
offence, is a measure of honey.
[FN [k] Bradys Treatise of Boroughs, p. 3, 4, 5, &c. The case was
the same with the freemen in the country. See Pref. to his Hist. p.
8, 9, 10, &c. [1] LL. Edw. Conf. Sec. 8. apud Ingulph. [m] Dissert.
Epist. p. 21.]
It is not to be doubted but a confederacy of this kind must have been
a great source of friendship and attachment; when men lived in
perpetual danger from enemies, robbers, and oppressors, and received
protection chiefly from their personal valour, and from the assistance
of their friends or patrons. As animosities were then more violent,
connexions were also more intimate, whether voluntary or derived from
blood: the most remote degree of propinquity was regarded: an
indelible memory of benefits was preserved: severe vengeance was taken
for injuries, both from a point of honour, and as the best means of
future security: and the civil union being weak, many private
engagements were contracted in order to supply its place, and to
procure men that safety which the laws and their own innocence were
not alone able to insure to them.
On the whole, notwithstanding the seeming liberty, or rather
licentiousness, of the Anglo-Saxons, the great body even of the free
citizens, in those ages, really enjoyed much less true liberty, than
where the execution of the laws is the most severe, and where subjects
are reduced to the strictest subordination and dependence on the civil
magistrate. The reason is derived from the excess itself of that
liberty. Men must guard themselves at any price against insults and
injuries; and where they receive not protection from the laws and
magistrate, they will seek it by submission to superiors, and by
herding in some private confederacy which acts under the direction of
a powerful leader. And thus all anarchy is the immediate cause of
tyranny, if not over the state, at least over many of the individuals.
Security was provided by the Saxon laws to all members of the
Wittenagemot, both in going and returning, EXCEPT THEY WERE NOTORIOUS
THIEVES AND ROBBERS.