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。