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
We collect from the general tenor of the Anglo-Saxon laws that the
evils most frequently calling for remedy were manslaying, wounding, and
cattle-stealing; it is obvious enough that the latter, when followed
by pursuit in hot blood, was a natural and prolific source of the two
former. The rules dealing with such wrongs or crimes (for archaic laws
draw no firm line between public offence and private injury) present a
strange contrast of crude ideas and minute specification, as it appears
at first sight. Both are however really due to similar conditions. A
society which is incapable of refined conceptions, but is advanced
enough to require equal rules of some kind and to limit the ordinary
power of its rulers, is likewise incapable of leaving any play for
judicial discretion. Anglo-Saxon courts had not the means of apportioning
punishment to guilt in the particular case, or assessing compensation
according to the actual damage, any more than of deciding on the merits
of conflicting claims according to the evidence. Thus the only way
remaining open was to fix an equivalent in money or in kind for each
particular injury: so much for life and so much for every limb and member
of the human body. The same thing occurs with even greater profusion of
detail in the other Germanic compilations of the Dark Ages. In the latter
days of Anglo-Saxon monarchy treason was added to the rude catalogue
of crimes, under continental influence ultimately derived from Roman
law; but the sin of plotting against the sovereign was the more readily
conceived as heinous above all others by reason of the ancient Germanic
principle of faith between a lord and his men. This prominence of the
personal relation explains why down to quite modern times the murder of a
husband by his wife, of a master by his servant, and of an ecclesiastical
superior by a clerk, secular or regular, owing him obedience, were
specially classed as “petit treason” and distinguished from murder in
general.[48]
Public-domain text, read in full here on John Shaqi.
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