The History of England, Volume I: From the Invasion of Julius Caesar to the Revolution in 1688
David Hume · en
These institutions are not peculiar to the ancient Germans. They seem
to be the necessary progress of criminal jurisprudence among every
free people, where the will of the sovereign is not implicitly obeyed.
We find them among the ancient Greeks during the time of the Trojan
war. Compositions for murder are mentioned in Nestor's speech to
Achilles in the ninth Iliad and are called APOINAI. The Irish, who
never had any connexions with the German nations, adopted the same
practice till very lately; and the price of a man's head was called
among them his ERIC; as we learn from Sir John Davis. The same custom
seems also to have prevailed among the Jews [l].
[FN [l] Exod. cap. xxi. 29, 30.]
Theft and robbery were frequent among the Anglo-Saxons. In order to
impose some check upon these crimes, it was ordained, that no man
should sell or buy any thing above twenty-pence value, except in open
market [m]; and every bargain of sale must be executed before
witnesses [n]. 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 [o]. The
punishments for this crime were various, but none of them capital [p].
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
[q].
[FN [m] LL. Aethelst. Sec. 12. [n] Ibid. Sec. 10, 12. LL. Edg. apud
Wilkins, p. 80. LL. Ethelredi, Sec. 4 apud Wilkins, p. 103. Hloth.
and Eadm. Sec. 16. LL. Canut. Sec. 22. [o] LL. Inae, Sec. 12. [p]
LL. Inae, Sec. 37. [q] LL. Aethelst. Sec. 2. Wilkins, p. 63.]
Rebellion, to whatever excess it was carried, was not capital, but
might be redeemed by a sum of money [r]. 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 alehouse too seems to have been considered as
a privileged place; and any quarrels that arose there were more
severely punished than elsewhere [s].
[FN [r] LL. Ethelredi, apud Wilkins, p. 110. LL. Aelf. Sec. 4.
Wilkins, p. 35. [s] LL. Hloth. and Eadm. Sec. 12, 13. LL. Ethelr.
apud Wilkins, p. 117.]