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
Like all written laws, the Anglo-Saxon dooms have to be interpreted in
the light of their circumstances. Unluckily for modern students, the
matters of habit and custom which they naturally take for granted are
those of which we now have least direct evidence. A large part of them is
filled by minute catalogues of the fines and compositions payable for
manslaughter, wounding, and other acts of violence. We may well suppose
that in matters of sums and number such provisions often express an
authoritative compromise between the varying though not widely dissimilar
usages of local courts; at all events we have an undoubted example of
a like process in the fixing of standard measures after the Conquest;
and in some of the later Anglo-Saxon laws we get a comparative standard
of Danish and English reckoning. Otherwise we cannot certainly tell
how much is declaration of existing custom, or what we should now call
consolidation, and how much was new. We know from Alfred’s preamble to
his laws, evidently framed with special care, that he did innovate to
some extent, but, like a true father of English statesmen, was anxious
to innovate cautiously. On the whole the Anglo-Saxon written laws,
though of priceless use to students of the times, need a good deal of
circumspection and careful comparison of other authorities for using them
aright. It is altogether misleading to speak of them as codes, or as if
they were intended to be a complete exposition of the customary law.
We pass on to the substance of Anglo-Saxon law, so far as capable of
being dealt with in a summary view. There were sharp distinctions between
different conditions of persons, noble, free, and slave. We may talk
of “serfs” if we like, but the Anglo-Saxon “theow” was much more like
a Roman slave than a medieval villein. Not only slaves could be bought
and sold, but there was so much regular slave-trading that selling men
beyond seas had to be specially forbidden. Slaves were more harshly
punished than free men, and must have been largely at their owner’s
mercy, though there is reason to think that usage had a more advanced
standard of humanity than was afforded by any positive rules. Manumission
was not uncommon, and was specially favoured by the Church. The slave had
opportunities (perhaps first secured under Alfred) for acquiring means of
his own, and sometimes bought his freedom.
Public-domain text, read in full here on John Shaqi.
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