He seems, however, to have introduced a real and momentous innovation by
appointing special judges to administer a more regular justice than that
which was administered in the local courts of the earls and bishops, or
even in the national assembly. In this respect he was the imitator,
probably the unconscious imitator, of Charlemagne, and the precursor of
Henry II., the institutor of our Justices in Eyre. The powers and
functions of the legislature, the executive and the judiciary, lie at
first enfolded in the same germ, and are alike exercised by the king,
or, as in the case of the ancient republics, by the national assembly.
It is a great step when the special office of the judiciary is separated
from the rest. It is a great step also when uniformity of justice is
introduced. Probably, however, these judges, like the itinerant justices
of Henry II., were administrative as well as judicial officers; or, in
the terms of our modern polity, they were delegates of the Home Office
as well as of the Central Courts of Law.
In his laws, Alfred, with the sobriety and caution on which the
statesmen of his race have prided themselves, renounces the character of
an innovator, fearing, as he says, that his innovations might not be
accepted by those who would come after him. His code, if so inartificial
a document can be dignified with the name, is mainly a compilation from
the laws of his Saxon predecessors. We trace, however, an advance from
the barbarous system of weregeld, or composition for murder and other
crimes as private wrongs, towards a State system of criminal justice. In
totally forbidding composition for blood, and asserting that
indefeasible sanctity of human life which is the essential basis of
civilization, the code of Moses stands contrasted with other primaeval
codes. Alfred, in fact, incorporated an unusually large amount of the
Mosaic and Christian elements, which blend with Germanic customs and the
relics of Roman law, in different proportions, to make up the various
codes of the early Middle Ages, called the Laws of the Barbarians. His
code opens with the Ten Commandments, followed by extracts from Exodus,
containing the Mosaic law respecting the relations between masters and
servants, murder and other crimes, and the observance of holy days, and
the Apostolic Epistle from Acts xv 23-29. Then is added Matthew vii. 12,
"Whatsoever ye would that men should do to you, do ye even so to them."
"By this one Commandment," says Alfred, "a man shall know whether he
does right, and he will then require no other law-book." This is not the
form of a modern Act of Parliament, but legislation in those days was as
much preaching as enactment; it often resembled in character the Royal
Proclamation against Vice and Immorality.
Public-domain text, read in full here on John Shaqi.
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