The punishment with
death was very rare,--with torture unknown. In all ancient nations, the
punishment of crimes was in the family injured by them, particularly in
case of murder.[70] This brought deadly feuds amongst the people, which,
in the German nations particularly, subsisted through several
generations. But as a fruitless revenge could answer little purpose to
the parties injured and was ruinous to the public peace, by the
interposal of good offices they were prevailed upon to accept some
composition in lieu of the blood of the aggressor, and peace was
restored. The Saxon government did little more than act the part of
arbitrator between the contending parties, exacted the payment of this
composition, and reduced it to a certainty. However, the king, as the
sovereign of all, and the sheriff, as the judicial officer, had their
share in those fines. This unwillingness to shed blood, which the Saxon
customs gave rise to, the Christian religion confirmed. Yet was it not
altogether so imperfect as to have no punishment adequate to those great
delinquencies which tend entirely to overturn a state, public robbery,
murder of the lord.[71]

[Sidenote: Origin of succession.]

[Sidenote: Annual property.]

As amongst the Anglo-Saxons government depended in some measure upon
land-property, it will not be amiss to say something upon their manner
of holding and inheriting their lands. It must not be forgot that the
Germans were of Scythian original, and had preserved that way of life
and those peculiar manners which distinguished the parent nation. As the
Scythians lived principally by pasturage and hunting, from the nature of
that way of employment they were continually changing their habitations.
But even in this case some small degree of agriculture was carried on,
and therefore some sort of division of property became necessary. This
division was made among each tribe by its proper chief. But their shares
were allotted to the several individuals only for a year, lest they
should come to attach themselves to any certain habitation: a settlement
being wholly contrary to the genius of the Scythian, manners.

Campestres melius Scythae,
Quorum plaustra vagas rite trahunt domos,
Vivunt, et rigidi Getae,
Immetata quibus jugera liberas
Fruges et Cererem ferunt,
Nec cultura placet longior annua.

[Sidenote: Estates for life.]

[Sidenote: Inheritance.]

[Sidenote: Book-land.]

[Sidenote: