History of the English People, Volume I (of 8) - Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216 by John Richard Green
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page 12 of 258 (04%)
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"free-necked man" whose long hair floated over a neck which had never
bowed to a lord. He was the "weaponed man" who alone bore spear and sword, and who alone preserved that right of self-redress or private war which in such a state of society formed the main check upon lawless outrage. [Sidenote: Justice] Among the English, as among all the races of mankind, justice had originally sprung from each man's personal action. There had been a time when every freeman was his own avenger. But even in the earliest forms of English society of which we find traces this right of self-defence was being modified and restricted by a growing sense of public justice. The "blood-wite" or compensation in money for personal wrong was the first effort of the tribe as a whole to regulate private revenge. The freeman's life and the freeman's limb had each on this system its legal price. "Eye for eye," ran the rough code, and "life for life," or for each fair damages. We see a further step towards the modern recognition of a wrong as done not to the individual man but to the people at large in another custom of early date. The price of life or limb was paid, not by the wrong-doer to the man he wronged, but by the family or house of the wrong-doer to the family or house of the wronged. Order and law were thus made to rest in each little group of people upon the blood-bond which knit its families together; every outrage was held to have been done by all who were linked in blood to the doer of it, every crime to have been done against all who were linked in blood to the sufferer from it. From this sense of the value of the family bond as a means of restraining the wrong-doer by forces which the tribe as a whole did not as yet possess sprang the first rude forms of English justice. Each kinsman was his |
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