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
Except for a few peculiar provisions, there is nothing in Anglo-Saxon
customs resembling our modern distinctions between wilful, negligent,
and purely accidental injuries. Private vengeance does not stop to
discriminate in such matters, and customary law which started from
making terms with the avenger could not afford to take a more judicial
view. This old harshness of the Germanic rules has left its traces
in the Common Law down to quite recent times. A special provision in
Alfred’s laws recommends a man carrying a spear on his shoulder to keep
the point level with the butt; if another runs on the point so carried,
only simple compensation at most[51] will be payable. If the point has
been borne higher (so that it would naturally come in a man’s face),
this carelessness may put the party to his oath to avoid a fine. If a
dog worried or killed any one, the owner was answerable in a scale of
fines rising after the first offence;[52] the indulgence of the modern
law which requires knowledge of the dog’s habits was unknown. But it may
be doubted whether these rules applied to anything short of serious
injury. Alfred’s wise men show their practical sense by an explanatory
caution which they add: the owner may not set up as an excuse that the
dog forthwith ran away and was lost. This might otherwise have seemed
an excellent defence according to the archaic notion that the animal or
instrument which does damage carries the liability about with it, and the
owner may free himself by abandoning it (_noxa caput sequitur_).[53]
We have spoken of money payments for convenience; but it does not seem
likely that enough money was available, as a rule, to pay the more
substantial wergilds and fines; and it must once have been the common
practice for the pacified avenger to accept cattle, arms, or valuable
ornaments, at a price agreed between the parties or settled by the court.
The alternative of delivering cattle is expressly mentioned in some of
the earlier laws.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account