Part 7 (1/2)

87. Advantages of Feudalism.

This system had at that time many advantages. 1. The old method of holding land in common was a wasteful one, since the way in which the possessor of a field might cultivate it would perhaps spoil it for the one who received it at the next allotment. 2. In an age of constant warfare, feudalism protected all cla.s.ses better than if they had stood apart, and it often enabled the King to raise a powerful and well-armed force in the easiest and quickest manner. 3. It cultivated two important virtues,--fidelity on the part of the va.s.sal, protection on that of the lord. It had something of the spirit of the Golden Rule in it. Its corner stone was the faithfulness of man to man.

Society had outgrown the outward forms of feudalism, which like every system had its drawbacks, but it would seem as though it could never wholly outgrow the feudal principle.

88. Political Divisions; the Sheriff.

Politically the kingdom was divided into towns.h.i.+ps, hundreds (districts furnis.h.i.+ng a hundred warriors, or supporting a hundred families), and s.h.i.+res or counties, the s.h.i.+re having been originally, in some cases, the section settled by an independent tribe, as Suss.e.x, Ess.e.x, etc.

In each s.h.i.+re the King had an officer, called a s.h.i.+re reeve or sherrif,[1] who represented him, collected the taxes due the Crown, and saw to the execution of the laws. In like manner, the town and the hundred had a headman of its own choosing to see to matters of general interest.

[1] Reeve: a man in authority, or having charge of something

89. The Courts.

As the nation had its a.s.sembly of wise men acting as a high court, so each s.h.i.+re, hundred, and town had its court, which all freemen might attend. There, without any special judge, jury, or lawyers, cases of all kinds were tried and settled by the voice of the entire body, who were both judge and jury in themselves.

90. Methods of Procedure; Compurgation.

In these courts there were two methods of procedure; first, the accused might clear himself of the charge brought against him by compurgations[1]; that is, by swearing that he was not guilty and getting a number of reputable neighbors to swear that they believed his oath.

If their oaths were not satisfactory, witnesses might be brought to swear to some particular fact. In ever case the value of the oath was graduated according to the rank of the person, that of a man of high rank being worth as much as that of twelve common men.

91. The Ordeal.

Secondly, if the accused could not clear himself in this way, he was obliged to submit to the ordeal.[2] This usually consisted in carrying a piece of hot iron a certain distance, or in plunging the arm up to the elbow in boiling water.

[2] Ordeal: a severe test or judgment

The person who underwent the ordeal appealed to G.o.d to prove his innocence by protecting him from harm. Rude as both these methods were, they were better than the old tribal method, which permitted every man or every man's family to be the avenger of his wrongs.

92. The Common Law.

The laws by which these cases were tried were almost always ancient customs, few of which had been reduced to writing. They formed that body of Common Law[3] which is the foundation of the modern system of justice both in England and America.

[3] So called, in distinction from the statute laws made by Parliament.

93. Penalties.

The penalties inflicted by these courts consisted chiefly of fines.

Each man's life had a certain ”wergild” or money value. The fine for the murder of a man of very high rank was 2400 s.h.i.+llings; that of a simple freeman was only one twelfth as much.

A slave could neither testify in court nor be punished by the court; for the man in that day who held no land had no rights. If a slave was convicted of crime, his master paid the fine, and then flogged him until he had got his money's worth out of him. Treason was punished with death, and common scolds were ducked in a pond until they were glad to hold their tongues. These methods of administering justice were crude, but they had the great merit of being effective. They aimed to do two very necessary things: first, to protect the community against dangerous criminals; secondly, to teach those criminals that ”the way of the transgressor is hard.”

II. Religion

94. The Ancient Saxon Faith.

Before their conversion to Christianity, the Saxons wors.h.i.+ped Woden and Thor, names preserved in Wednesday (Woden's day) and Thursday (Thor's day). The first appears to have been considered to be the creator and ruler of heaven and earth; the second was his son, the G.o.d of thunder, slayer of evil spirits, and friend of man.

The essential element of their religion was the deification of strength, courage, and fort.i.tude. It was a faith well suited to a warlike people. It taught that there was a heaven for the brave and a h.e.l.l for cowards.