sation to the family and a fine to the king), and let every one who was of the party pay thirty shillings as "hloth-bot."

Amongst the Franks and Saxons, every man literally had his price. By the Salic law the leodis or life value of an ingenuus, or free man, was two hundred solidi, or eight thousand denarii, that of a tributary Roman, forty-five solidi, or eighteen hundred denarii. Amongst the Anglo-Saxons, men were divided into classes, according to the amount of wer-geld, or money compensation, attaching to the life of each. Thus the twy-hynde, or "two hundred " man, the ordinary free man, had his life valued at two hundred shillings; a six hynde man, at six hundred; and a nobleman, or twelve-hynde man, at twelve hundred shillings.

The administration of the laws, and the system of government generally, was in its origin essentially popular.

Tacitus says, "De minoribus rebus principes consultant, de majoribus omnes; ita tamen ut ea quoque, quorum penes plebem arbitrium est, apud principes pertractentur.” “Eliguntur in iisdem conciliis et principes, qui jura per pagos vicosque reddunt."* This was their condition about the first century of our era. When we next get a glimpse of their condition from the Salic law, about the end of the fifth, or beginning of the sixth century, we find the same principles still prevalent. The principal court was called the Mallus, which was held in the open air at stated periods for the administration of justice. The shield and spear were the emblems of authority, where every free man had a right to be present fully armed.† Amongst the Alemanni this primary assembly was called the Vogt-dink, or people's council; amongst the Anglo-Saxons, the Gemót. These assemblies were held at

.

*Tac., De Mor. Ger., ch. 11 and 12.

+ Nihil autem neque publicæ neque privatæ rei, nisi armati agunt.—-Tac., Ger.

stated periods. Edward the elder enacts, "Ic wille that olc gerefa hæbbe gemót á ymbe feores wucan, and gedon that clc man sy folc-rihtes wyrthe." "I will that every sheriff hold a 'gemót' once in four weeks, and order that every man be worthy of folk-right."

For the purposes of convenience and mutual assistance, very early amongst the Anglo-Saxons, the community was divided into tithings of ten families, and hundreds of a hundred families. Traces of the hundred may be found as early as the time of Tacitus. In the north of England the "hundred," probably owing to Danish influence, merged into the wapentake, or weapon touch, so called from the armed attendance at the court, whether Saxon Gemót or Danish Thing.*

Judges were appointed, at first by popular election, but afterwards by the king. These judges were authorised to take the advice and assistance of those around; a practice which ultimately led to the important result of trial by jury. Thus in the Alemannic laws, ch. 164: "Ez ist etwa gewonhait, daz man zwelf man nimpt, die dem Rihter sulen helfen rihten; die haizzent schepfen." "It is in some places usual to take twelve men, who shall assist the judge to decide; these are called 'schepfen."" They were, however, only considered as aids. "Swa schepfen sint, die man ze geziugen han uber alliu dink, dur in der stat geschehent." "Where there are jury-men, let them testify (or advise) on every thing which occurs in the place." In the Salic laws, Tit. 61, "De chrenechruda," it is enacted that, if one man slay another, and his whole possessions are not sufficient to satisfy the law, he must procure twelve men to swear that

*

quasi concussio armorum. Germani enim veteres nec concilium inibant, nec judicia exercabant, nisi armati. Quæ displicuit sententia, fremitu aspernare; quæ placuit concussis frameis laudare solebant.—Spelman, sub voc.

+ Leg. Alleman., c. 184.

he has not, either upon the earth or under the earth, any other property than what he has given up. After some further symbolical ceremonies, he was then to go free.

Sooth to say, however, in these early times there were many ways of escaping or of wresting justice. In certain cases, such as accusations of homicide, violent robbery, treason, &c., the accused had the right of an appeal to the wager of battle; and elaborate precepts are set forth in the law, for the order and arrangements of the duel. Those whose courage was not equal to this forcible mode of defence had the option of resorting to the trial by ordeal, which is thus described in the Alemannic laws: "Man sol im dri wal fur tailen, die wazzer urtail oder in ainen kessel vol wallendez wasserz untz an den elentogen grifen, oder daz haizz ysen uf der hant ze tragen, Geriht er damit, so ist der urtail ledig." "For the sentence there shall be three choices: the water ordeal; the putting the arm up to the elbow in a vessel of boiling water; or carrying a hot iron in the hand; if he clears himself by either of these methods he shall go free."

The cold water ordeal here alluded to consisted in casting the accused into a deep pool or stream. If he floated he was adjudged guilty; if he sank, and was probably drowned, he was acquitted. The whole system of ordeal was calculated to evade justice; since it is difficult to see how, without collusion, any person exposed to it could possibly escape.

But when all these methods failed to exonerate the accused, there was still left the method, so rife in the olden times, of bribing the judge. It is not often that purchasing justice is found sanctioned in a code of laws, but in the Alemannic code it is actually embodied in a chapter entitled, "How justice may be bought."

The naivety of the passage is worth quoting: "Und mag ain man sin reht anderz niht behaben, er gebe dem Rehter

gut, und andern die darzu gehærent, und die hievor genennet sint. Wir raten im e daz er sin Reht verliese, daz er sin gut e gebe. Ez ist bezzer ain wenig ze geben, denn ain michel tail verlorn."

"If a man cannot otherwise get his rights, unless he gives money to the judge and to the others who belong to him, whom we have before indicated, we advise him, rather than lose his cause, that he shall first give his money. It is better to give a little than lose a great deal.”

From what has been already stated, it will be seen that the prevalent offences were violence and rapine. Men had not forgotten the period antecedent to all law, when every man claimed the right to avenge himself. Indeed, this right is expressly acknowledged in the laws of King Alfred, No. 42, Tit. “Be Feathum," where a man is forbidden to fight before he has demanded justice, but failing to obtain this he is at liberty to besiege his enemy.

It would be easy to draw a fearful picture of a state of society in which a man might slay his neighbour and burn the body, and compound for his offence by the payment of a fine of 500 shillings;* where it was lawful, for any or no cause, to murder the servant of his neighbour, on merely paying his price in the market;† where a man had a legal right to sell his own children for slaves; when open warfare by one private individual against another was authorised as above; but this would be a very partial and unfair judgment of the times of which we are treating. ·

It must be remembered that the evidence of the laws shews only the worst side of human character, and is at best only negative. The laws of the present day, from the crimes *See Leg. Salic, tit. 74, De chreodiba.

See Leg. Salic, tit. 37, De homicidiis servorum.

"Verkauffet ain man sin kint durch ehaft not, daz tut er wol mit reht." "If a man sells his children for a sufficient reason, he has a right so to do."-Jur, Aleman., c. 347, Der sin kint verkauffet.

which are specified and made punishable, might lead to an inference very unfavourable to modern civilisation. The laws themselves can give no indication of the extent to which particular offences may be prevalent, and the statutes may remain, long after the offence denounced has disappeared from society. We must not forget that it is out of these institutions that German and English progress have been developed; that the customs and manners of which we are treating have aided in stamping on the Teutonic character that union of individual self-reliance and capability of combination, that self-denial, perseverance and energy which have enabled them to pioneer the world.

In the statutes themselves, we have many indications of a spirit of even-handed justice and love of right. In the laws of Ethelred we find this passage; "and always, as one shall be more powerful in the eyes of the world or higher in degree, so shall he the more deeply make bot for sins and pay for every misdeed the more dearly, because the strong and the weak are not alike, and cannot raise a like burthen; moderation is therefore to be used, and discreetly are to be distinguished both in divine shrifts and in secular corrections, age and youth, rich and poor, hale and unhale, and every order. And if it be that any one unwillingly or unintentionally do anything amiss, he shall not be like to him who misdoes intentionally and of his own will. "Let every deed be carefully distinguished and doom ever be guided justly."

In another part of the same laws, we read exhortations "to comfort and aid God's poor; that they should not oppress widows and step-children, but willingly gladden them; that they do not vex or provoke foreigners or comers from afar; that they do not command injustice to other men; but that every man enjoin to others that justice which he desires shall