[*]
But when the German nations had been settled some time in the provinces
of the Roman empire, they made still another step towards a more
cultivated life, and their criminal justice gradually improved and
refined itself. The magistrate, whose office it was to guard public
peace, and to suppress private animosities, conceived himself to be
injured by every injury done to any of his people; and besides the
compensation to the person who suffered, or to his family, he thought
himself entitled to exact a fine, called the "fridwit," as an atonement
for the breach of peace, and as a reward for the pains which he had
taken in accommodating the quarrel. When this idea, which is so natural,
was once suggested, it was willingly received both by sovereign and
people. The numerous fines which were levied, augmented the revenue of
the king; and the people were sensible that he would be more vigilant
in interposing with his good offices, when he reaped such immediate
advantage from them; and that injuries would be less frequent, when,
besides compensation to the person injured, that they were exposed to
this additional penalty.[**]
[* Tacit, de Mor.
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