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
The first seven years of his own reign (871-878) were years of deadly
struggle. In 877 his cause seemed to be lost, but in 878 the King of
Wessex was victorious. He made peace with the conquered Danes, and
their king, Guthrum, was baptized. And now he had to guide in peace the
nation which he had guided in war. He had to reconstruct the social and
political fabric which had been shattered by the devastations and panics
of three generations. In all his reconstruction there is manifested a
purpose not only of restoration, but also of improvement and reform. This
is conspicuous in his revision of the West Saxon Laws. The Law-book then
in use was that of King Ina (688-726). When Alfred’s code was published,
that of Ina was not abolished, but it was re-edited in the same volume,
after the manner of an appendix to Alfred’s Laws. That a new departure
was purposed is indicated by the new feature of a Prologue composed
of the Decalogue and kindred selections from Scripture. This is to be
understood partly as a consecration of the new Law-book; but further, as
the inauguration of a new principle, namely, that laws are founded in
right reason and have their highest sanction in religion. Before Alfred’s
time laws had rested upon tradition, deriving their force from the fact
that they were ancestral, or if reasoned at all were based upon a stunted
and barbaric type of reasoning. We happen to have an extant example in
which we can compare a law of Ina’s with Alfred’s reform of it. In the
case of damage to a wood, the old law drew a distinction between injury
by fire and injury by the axe, and that by fire was punished far more
heavily than the other, for this assigned reason—that fire is a thief and
works silently, whereas the axe announces itself.
“In case any one burn a tree in a wood, and it come to light who did it,
let him pay the full penalty, let him give sixty shillings, because fire
is a thief. If one fell in a wood ever so many trees, and it be found out
afterwards, let him pay for three trees, each with thirty shillings.
He is not required to pay for more of them, however many they might be,
because the axe is a reporter and not a thief (forðon seo æsc biþ melda,
nalles ðeof).”
This contrast could be retorted: for it might be urged that if fire is a
thief relatively to the owner of the wood, so is it also relatively to
the defendant, for it had started up afresh when he had left the place
thinking that all was safe. The worst that could be proved upon him
was the want of _sufficient_ caution. In fact, the law is only good as
against arson, wanton or malicious; and for that case it is not severe
enough. It may be assumed that in the bulk of cases damage by fire would
be undesigned and accidental.
But where the axe is used there can be no doubt about the motive. The man
who fells another man’s timber does so plainly with intent to steal, and
the noise of the axe is not extenuating but rather aggravating by reason
of its audacity.
Public-domain text, read in full here on John Shaqi.
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