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
Far more significant for the future development of English law are the
beginnings of the King’s Peace. In later times this became a synonym
for public order maintained by the king’s general authority; nowadays
we do not easily conceive how the peace which lawful men ought to keep
can be any other than the Queen’s or the commonwealth’s. But the king’s
justice, as we have seen, was at first not ordinary but exceptional,
and his power was called to aid only when other means had failed. To
be in the king’s peace was to have a special protection, a local or
personal privilege. Every free man was entitled to peace in his own
house, the sanctity of the homestead being one of the most ancient and
general principles of Teutonic law. The worth set on a man’s peace, like
that of his life, varied with his rank, and thus the king’s peace was
higher than any other man’s. Fighting in the king’s house was a capital
offence from an early time. Gradually the privileges of the king’s
house were extended to the precincts of his court, to the army, to the
regular meetings of the shire and hundred, and to the great roads. Also
the king might grant special personal protection to his officers and
followers; and these two kinds of privilege spread until they coalesced
and covered the whole ground. The more serious public offences were
appropriated to the king’s jurisdiction; the king’s peace was used as a
special sanction for the settlement of blood-feuds, and was proclaimed on
various solemn occasions; it seems to have been specially prominent—may
we say as a “frontier regulation”?—where English conquest and settlement
were recent.[50] In the generation before the Conquest it was, to all
appearance, extending fast. In this kind of development the first stage
is a really exceptional right; the second is a right which has to be
distinctly claimed, but is open to all who will claim it in the proper
form; the third is the “common right” which the courts will take for
granted. The Normans found the king’s peace nearing, if not touching, the
second stage.
Public-domain text, read in full here on John Shaqi.
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