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
As for the law of property, it was rudimentary, and inextricably mixed up
with precautions against theft and charges of theft. A prudent buyer of
cattle had to secure himself against the possible claim of some former
owner who might allege that the beasts had been stolen. The only way to
do this was to take every step in public and with good witness. If he
set out on a journey to a fair, he would let his neighbours know it.
When he did business either far or near, he would buy only in open market
and before credible persons, and, if the sale were at any distance from
home, still more if he had done some trade on the way without having set
out for the purpose, he would call the good men of his own township to
witness when he came back driving his newly-gotten oxen, and not till
then would he turn them out on the common pasture. These observances,
probably approved by long-standing custom, are prescribed in a whole
series of ordinances on pain of stringent forfeitures.[54] Even then a
purchaser whose title was challenged had to produce his seller, or, if
he could not do that, clear himself by oath. The seller might produce
in turn the man from whom he had bought, and he again might do the
like; but this process (“vouching to warranty” in the language of later
medieval law) could not be carried more than three steps back, to the
“fourth hand” including the buyer himself. All this has nothing to do
with the proof of the contract in case of a dispute between the original
parties to the sale; it is much more aimed at collusion between them,
in fact at arrangements for the receipt and disposal of stolen goods.
The witnesses to the sale are there not for the parties’ sake, but as a
check in the public interest. We are tempted at first sight to think of
various modern enactments that require signature or other formalities as
a condition of particular kinds of contracts being enforceable; but their
provisions belong to a wholly different category.
Another archaic source of anxiety is that borrowed arms may be used in a
fatal fight and bring the lender into trouble. The early notion would be
that a weapon used for manslaying should bring home the liability with
it to the owner, quite regardless of any fault; which would afterwards
become a more or less rational presumption that he lent it for no good
purpose. Then the risk of such weapons being forfeited continued even
to modern times. Hence the armourer who takes a sword or spear to be
repaired, and even a smith who takes charge of tools, must warrant
their return free from blood-guiltiness, unless it has been agreed to
the contrary.[55] We also find, with regard to the forfeiture of things
which “move to death,” that even in case of pure accident, such as a tree
falling on a woodman, the kindred still have their rights. They may take
away the tree if they will come for it within thirty days.[56]
Public-domain text, read in full here on John Shaqi.
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