Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
CAP. 36. "Let him who takes a thief, or to whom one taken is
given, and he then lets him go, or conceals the theft, pay for
the thief according to his 'wer.' If he be an ealdorman, let him
forfeit his shire, unless the king is willing to be merciful to
him."
Now the earliest direct legislation about personal property in a
statute is as late as 1100; but this early Saxon law was a recognition
of personal property, because a man cannot steal a thing unless there
is property. This section, therefore, implies property in personalty;
because a man cannot steal land; but it never occurred to them to pass
a law saying that there _shall be_ private property, because that was
the unwritten law that they were all supposed to know.
A.D. 890. WESSEX. ALFRED.
CAP. 27. "If a man, kinless of paternal relatives, fight and slay
a man, and then if he have maternal relatives, let them pay a
third of the 'wer'; his guild-brethren a third part; for a
third let him flee. If he have no maternal relatives, let his
guild-brethren pay half, for half let him flee."
CAP. 28. "If a man kill a man thus circumstanced, if he have
no relatives, let half be paid to the king, half to his
guild-brethren."
It is very hard for us to understand what that means. One would
infer that the weregild was only paid by a man with relatives on his
father's side. It doesn't say that, but that is the inference. We
shall have plenty to say about the guilds later--the historical
predecessors of the modern trades-unions. We here find the word
_guild_ recognized and spoken of in the law as early as 890.
A.D. 920. WESSEX. EDWARD.
"2. And if a ceorl throve, so that had fully five hides of his
own land, church and kitchen, bell-house and burh-gate-seat,
and special duty in the king's hall, then was he thenceforth of
thegn-right worthy.
"6. And if a merchant throve, so that he fared thrice over the
wide sea by his own means, then was he thenceforth of thegn-right
worthy."
Worldly success has thus always been the foundation of English
nobility.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account