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
Generally speaking, Alfred’s laws differ from those of Ine, and still
more from those of Kentish Ethelbert, in the direction of greater
leniency, the amount of fine payable for injuries to the person being
almost always considerably reduced. This tendency, when we compare
Alfred’s and Ethelbert’s laws, is at first sight obscured by the fact
that the fines imposed by the latter are expressed in terms of the
Kentish scilling, which was worth four times as much as that of Wessex,
but when we have made the necessary correction for this difference, it
comes out very clearly. Thus the fine for cutting off the thumb was in
Ethelbert’s code the equivalent of 80 shillings of Wessex, while under
Alfred it was only 30. For the like injury to the middle finger it was
respectively 32 and 15 shillings; for the “gold” or ring finger, 24 and
17.
This remarkable diminution in the scale of pecuniary punishments was
probably due, not simply to “mild-heartedness” on the part of the king
and his _witan_, but also to the economic effect of the Danish ravages.
So much of the portable wealth of the country had been carried off
from hall and monastery to the homesteads of Scandinavia, that the
value of gold and silver remaining in the land was sensibly increased,
and a fine which was reasonable at the beginning of the eighth
century became exorbitant at the close of the ninth. This abatement
of pecuniary penalty is modified in a singular way in the case of
forest trespass. It may be remembered that by the laws of Ine, a man
going into a forest and felling timber for his own use was liable to
a fine of 30 scillings for each tree so felled, up to three, but that
90 scillings was the maximum penalty. Now, by the laws of Alfred the
penalty for each tree so felled was only 5 scillings, but there was no
maximum. A forest-thief, therefore, who cut down twenty trees would
fare worse under the new law than under the old. One would like to
know what were the developments in English forestry which led to this
singular modification of the law.
Our attention begins to be directed to the public assemblies for
the transaction of business, the local _moots_ which, as we know
from other sources, had judicial as well as administrative duties to
discharge, arranging the levy of men for the _fyrd_ and raising money
for the equipment of ships, as well as settling important questions of
inheritance and disputes about property. It was important that such
meetings should not be disturbed by the brawls of unruly partisans of
the litigants, and accordingly we find it enacted that “if any man
fight before the king’s ealdorman in the _gemot_ (meeting), he shall
pay his _wer_ and _wite_ as the law ordains for any assault that he
may have committed, and in addition shall pay a fine (_wite_) of 120
scillings to the ealdorman”.
Public-domain text, read in full here on John Shaqi.
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