第 5 节
作者:
风格1 更新:2021-02-20 18:41 字数:2765
before he have demanded justice of him。 If he have power to beset
his foe and besiege him in his house; let him keep him there for
seven days but not attack him if he will remain indoors。 If then;
after seven days; he be willing to surrender and give up his
weapons; let him be kept safe for thirty days; and let notice be
given to his kinsmen and friends。 But if the plaintiff have not
power of his own; let him ride to the Ealdorman; and; if the
Ealdorman will not aid him; let him ride to the King before he
fights。' The passage ends with a provision of which the spirit;
strange to say; survives in the modern Code making the loudest
claim to civilised principle; the Code Napol閛n (Code P閚al; s。
324); to the effect that if the man who is homesitting be really
shut up in his house with the complainant's wife; daughter; or
sister; he may be attacked and killed without ceremony。
The object of the Law of Alfred is plainly the same with that
aimed at by the ancient rule of Brihaspiti。 The man who; if
nature had her way; would be slain at once; is shut up in his
house but left otherwise unharmed till he or his kinsmen pay the
debt or compound for the money。 The English rule is to be
enforced by the civil power; the Ealdorman or the King; the
Hindoo Brahminical rule by the fear of punishment in another
world。 The Irish law…tract retains the Brahminical rule as an
alternative in certain cases to Notice。 But an institution which
was perfectly intelligible in a society which included an order
of lawyers who were also priests has lost all meaning when this
society has been introduced by Christianity to a wholly new set
of religious ideas。
The course of our enquiry has led us backwards and forwards
between the extreme Easterly and the extreme Westerly branches of
the Aryan race。 Let me now add one word to connect the Eastern
usage with the most ancient law of the community which once
occupied with its government nearly the whole space between the
two。 'Sitting dharna;' placed under the ban of British law;
chiefly survives in British india in an exaggerated air of
suffering worn by the creditor who comes to ask a debtor of
higher rank for payment; and who is told to wait。 But it is still
common in the Native Indian States; and there it is pre…eminently
an expedient resorted to by soldiers to obtain arrears of pay。
You will remember that the 'pignoris capio' of the Romans is
stated by Gaius to have survived as a remedy in two classes of
cases; one of them being the default of a military paymaster。