The history of England, from the earliest times to the Norman ConquestHodgkin, Thomas
History
The history of England, from the earliest times to the Norman Conquest
Hodgkin, Thomas
Great Britain -- History -- To 1066
These passages give us an interesting glimpse of the mental process
which governed the compilation of Alfred’s law-book. In the same spirit
in which he translated Orosius and Gregory for his subjects’ benefit,
he sets before them what he considers the source of all legislation,
the divine ordinances given amidst the thunders of Sinai. He then shows
how that law was modified by the teaching of Christ; he rehearses the
several points of the decree of the Council of Jerusalem, and thence
glides by an easy transition to that tariff of compensations and fines
(payment of _wergild_ and _wite_) by which, in his day, atonement might
be made for all offences, with the one exception here so emphatically
insisted on, the crime of treason against a man’s natural lord. Of
course, modern historical science cannot concede to Church synods the
credit of this great change, which we believe to have been wrought
possibly through long ages in the forests of Germany--namely, the
change by which the blood feud slowly gave place to the exacted _wer_:
but doubtless Christian ecclesiastics accepted the principle, perhaps
in many instances regulated its application; and King Alfred was so
far right in claiming the authority of the Church for the practice of
money compensation instead of the relentless severity of some of the
ordinances of Exodus. The conclusion of Alfred’s Prologue is important
as indicating what was the legislative competence of the king and how
he shared it with the witan.
“I then, King Alfred, gathered these laws together and caused them
to be written down, selecting many which pleased me from among those
ordained by my predecessors. And many of those which I liked not I
abrogated by the counsel of my Witan, ordaining some different way for
the future. For I did not dare to set down in writing many of my own
suggestions, not knowing how they would be liked by those who should
come after. But whenever I found in the laws passed in the days of my
kinsman Ine, or of Offa, King of Mercia, or of Ethelbert, the first
English convert to Christianity, anything that seemed to me to be most
justly decided, such laws I gathered in and the others I left out.”
Public-domain text, read in full here on John Shaqi.
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