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
Law 42 in Alfred’s code illustrates in an interesting manner that
gradual transition from the blood-feud to the law-suit which was
perhaps the most important conquest of Teutonic civilisation. By
the various sections of this law it is provided that no man who has
a grievance against another shall fight his foe until he has first
demanded justice of him. That done, however, and justice denied, he
may, if he have a sufficiently strong body of friends to back him,
besiege the defendant for seven days. Should that blockade bring about
a surrender and a disarmament, he must keep his adversary in custody
for thirty days, sending word to his kinship that they may come and
pay the mulct for which the prisoner is liable. What is to happen if
the surrender does not take place at the end of the seven days, or the
payment at the end of the thirty, we are not informed, but it seems
to be implied that the claimant may then fight and even slay his enemy
without guilt. If the plaintiff have not sufficient power to besiege
his foe, he must ride to the ealdorman and demand his aid. Failing
that, he must seek redress of the king, before he takes it upon himself
to fight his foe. Moreover, a man might always fight for his lord or
his kinsman without incurring the penalties of blood-guiltiness, and
so too he could wage “lawful war” with the seducer of his wife, his
sister, or his mother. We see that the ideas of the old blood-feud and
of the so-called “Fist-right” still lingered in the mind even of so
wise and religious a legislator as Alfred. Redress of wrongs by the
action of courts of law might be the ideal, but in the actual Saxon
world private warfare must still be allowed, and all that the king
could hope to accomplish was to confine it within narrow bounds and
regulate its procedure.
On the condition of the servile class, the _theows_ and _esnes_, in
the time of Alfred, not much light is thrown by Alfred’s Doom-book.
We learn, however, that there was already a large class of free-men
working for wages, for whose holidays, amounting in all to about
thirty-six days in the year, the forty-third of Alfred’s laws made
provision. From this enactment the _theows_ and _esnes_ are expressly
excluded, but it is provided that all men in servile condition shall
have the four Wednesdays in the Ember-weeks, on which days they are
graciously permitted to make a present of their labour to any one who
may have helped them in God’s name, or even to work for themselves.
There is also a curious provision (law 20) exempting from liability the
lord of a monk who has received money on deposit which he has failed to
restore. This passage coincides with some others which seem to indicate
that owing to the ruin of the monasteries wrought by the Danes, many of
the monks, in order to keep body and soul together, accepted a servile
position on the estate or in the house of some great landowner.
Public-domain text, read in full here on John Shaqi.
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