ns were absorbed, all justice and redress
came from the king or in his name, and private redress was forbidden.
For a long time it seemed that the freeman's prerogative was being taken
from him. As long as the duel survives the movement is incomplete.

+555. Origin of criminal law.+ When the state took control of injuries
and acts of violence and undertook to revenge them on behalf of the
victims, as well as in vindication of public authority and order,
injuries became crimes and revenge became punishment. Crimes were
injuries which could be compensated for, and also violations of the
king's peace, that is, of public welfare. In the latter point of view
they brought the king's vanity into play. The German emperor Frederick
II, by his ferocity against rebels, showed how potent wounded vanity is,
as a motive, even in an able man. The crime of treason or rebellion
always excites the vanity and fierce revenge of civil authority. It is
beyond question that the state in its penalties simply took over the
usages of kin groups in inflicting retaliation or gratifying revenge. It
did not philosophize. It assumed functions, and with them it took the
methods of procedure and the instrumentalities which it found in use for
those functions. Criminal law, therefore, and criminal administration
were developed out of blood revenge when it was rendered rational and
its traditional processes were subjected to criticism.

[1720] Sieroshevski, _Yakuty_ (_Polish version_), 248.

[1721] Clement, _Das Recht der Salischen Franken_, 243.

[1722] W. R. Smith, _Relig. of the Semites_, 274.

[1723] JAI, XX, 53.

[1724] _Ibid._, XIV, 352.

[1725] Cunow, _Verwandtschafts-organization der Austral._, 126.

[1726] Spencer and Gillen, _Cent. Austral._, 265.

[1727] Pfeil, _Aus der Suedsee_, 18, 143.

[1728] _U. S. Nat. Mus._, 1888, 379.

[1729] _Bur. Eth._, XVII, Part I, 199.

[1730] Lecky, _Eur. Morals_, II, 280.

[1731] Wilutzky, _Mann und Weib_, 121.

[1732] _Smithson. Rep._, 1893, 595.

[1733] Lippert, _Kulturgesch._, I, 265.

[1734] Geijer, _Svenska Folkets Hist._, I, 112.

[1735] Risley, _Ethnog. of India_, I, 67.

[1736] Deut. xix; Josh. xx.

[1737] Num. xxxv.

[1738] _Unter den Papuas_, 256.

[1739] _Neu Guinea_, 199.

[1740] JAI, XI, 67; XXVI, 174; XXVII, 25, 36.

[1741] _Bur. Eth._, VI, 582; XI, 186; XVIII, Part I, 292.

[1742] Powers, _Calif. Ind