THE

NATURE AND INSTITUTION.

OF

GOVERNMENT.

R

ESENTMENT is, as I already mentioned, the ftrongeft paffion in the human breaft. The perfon that feels an injury is ftrongly impelled by nature, to take the vengeance due upon that act; but the permiffion of that would have deftroyed fociety, and punishments would have known no bounds: for this reafon, forms of trial were inftituted, and the execution of the fentence was committed to the magiftrate.

THE fame methods of trial, established among the Germans and other northern nations, took place among the AngloVOL. II. Saxons.

B

39X677

Saxons.

Here we find the Ordeal or Trial by bot Iron or Water; the confecrated Cake called Corfned, &c.

The earliest and most fimple punishment for crimes was retaliation: the offender forfeited limb for limb, life for life. The payment of a compensation to the person injured fucceeded to the rigour of the former inftitution. Though it ftill continued an indispensable point of honour, for every person or clan to revenge the death of their fellow; yet the magistrate in time acquired a right of regulating in the quarrel, of accommodating the difference, and obliging the injured perfon to accept of a compensation for the injury received.

Edmund was the first king in England, who made this advance towards a more regular administration of juftice: he ordered a ftop to be put to private feuds and single combat; established compofitions, as St. Lewis attempted to do in France, and these compofitions were fixed by law, according to the quality of the perfon injured. The price of a king's head was 30,000 thrifmas, and

and fo of others in proportion; the price of a wound, an inch long under the hair, was paid with one fhilling; thirty fhillings for the lofs of an ear, and fo forth. A perfon, who committed adultery with his neighbour's wife, was obliged to pay and buy him another wife.

In both these inftitutions, the gratification of private revenge was the object of law, and he who fuffered the wrong had an only right to purfue, to exact, and to remit the punishment.

Afterwards, crimes were looked upon in a two-fold light, not only as an injury to the party immediately concerned, but also to the state or community: then the civil magiftrate had a right to pursue, and the only right to exact and remit the punish

ment.

Under this notion criminal juftice improved and refined itself: the civil magiftrate, whofe office it was to guard the public peace, and to fupprefs private ani_ mofities, conceived himself to be injured by every injury done to any of his people;

and befides the compenfation to the perfon who fuffered, or to his clan, he thought himself entitled to exact a fine, called fridwit, or an attonement for the breach of the peace, as a reward for the pains, which he had taken in accommodating the quarrel. The numerous fines that were levied augmented the profits of the king, and made injuries lefs frequent.

The forms of trial were various, and feem to adapt themselves to the age and genius of the people.

When any trial was to be decided by combat, the magiftrate ordered all the relations of the party to retire, the people were commanded filence, and no affiftance to be given to either party under pain of death, if either of the combatants fhould happen to be vanquished. The officers guarded the lift or inclosure where the battle was fought; but, as there were a great many incapable either of offering or accepting battle, liberty was given them to chufe a champion; and, that he might have the strongest interest in defending the

party,