Alfred the Great : $b containing chapters on his life and times
History
Alfred the Great : $b containing chapters on his life and times
Alfred, King of England, 849-899; Great Britain -- History -- Alfred, 871-899
The only way to bring an unwilling adversary before the court was to take
something of his as security till he would attend to the demand; and
practically the only things that could be taken without personal violence
were cattle. Distress in this form was practised and also regulated from
a very early time. It was forbidden to distrain until right had been
formally demanded—in Cnut’s time to the extent of three summonings—and
refused. Thus leave of the court was required, but the party had to act
for himself as best he could. If distress failed to make the defendant
appear, the only resource left was to deny the law’s protection to the
stiff-necked man who would not come to be judged by law. He might be
outlawed, and this must have been enough to coerce most men who had
anything to lose and were not strong enough to live in rebellion; but
still no right could be done to the complainant without his submission.
The device of a judgment by default, which is familiar enough to us, was
unknown, and probably would not have been understood. An elaborate system
of never trusting one man without two or more sureties (to describe it
roughly) was used to supplement these defects, and we may suppose it to
have been more or less effective, though clumsy and tedious.
Final judgment, when obtained, could in like manner not be directly
enforced. The successful party had to see to gathering the “fruits of
judgment,” as we say, for himself. In case of continued refusal to do
right according to the sentence of the court, he might take the law
into his own hands, in fact wage war on his obstinate opponent. The
ealdorman’s aid, and ultimately the king’s, could be invoked in such
extreme cases as that of a wealthy man, or one backed by a powerful
family, setting the law at open defiance. But this was an extraordinary
measure, analogous to nothing in the regular modern process of law.
The details of Anglo-Saxon procedure and judicial usage had become or
were fast becoming obsolete in the thirteenth century, which is as much
as to say that they were already outworn when the definite growth of the
Common Law began. But the general features of the earlier practice, and
still more the ideas that underlay them, have to be borne in mind. They
left their stamp on the course of our legal history in manifold ways;
many things in the medieval law cannot be understood without reference to
them; and even in modern law their traces are often to be found.
Public-domain text, read in full here on John Shaqi.
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