thing for the state, for feuds are dangerous in exact proportion to freedom.” And again, “A portion of the fine goes to the king or state, a part to him whose damages are to be assessed, or to his relatives.” Only where the State would not, or could not, as may sometimes have happened, undertake this duty, did the right of private warfare again resume its course, and the family relations recover their pristine importance. The man who presumes to fight, before he has in vain appealed to all the recognized authorities for redress, is liable, under Ælfred’s law, to severe punishment, except in one important case, which involved the maintenance of the family itself, to secure which alone the machinery of the State exists[502]. But where the offender refuses to avail himself of the means of peaceful settlement which society has provided for him, the person injured may make war upon him, and have the assistance of the State in so doing. The most general expression of this right is found in a proverbial formula retained in the law of Eádweard the Confessor, and which may be said to comprise all the law of the subject: it says, “Let amends be made to the kindred, or let their war be borne;” whence the English had the proverb, ‘Bicge spere of síde óðer bere,’ that is to say, _Buy off the spear or bear it_[503]. The mode however of applying this general right was not left to individual caprice. The following regulations made by successive kings will explain very fully the practice and the theory of Feud or War. Ælfred ordains, “That the man who knows his foe to be homesitting fight not, before he have demanded justice of him. If he have power enough to beset his foe, and besiege him in his house, let him keep him there for seven days, but not attack him, if he will remain within-doors. If then, after seven days, he be willing to surrender, and to give up his weapons, let him be kept safe for thirty days, and let notice of him be given to his kinsmen and friends.... But if the plaintiff have not power enough of his own to besiege his foeman, let him ride to the ealdorman and beg aid of him: and if the ealdorman will not aid him, let him ride to the king before he fights. In like manner if a man come accidentally upon his foe, and without previous knowledge of his homestaying; if the foe will surrender his weapons, let him be kept safely for thirty days, and let notice be given to his friends. If he will not surrender his weapons, he may lawfully be attacked. But if he be willing to surrender and to deliver up his weapons, and after that, any one attack him, let him pay _wer_ and wound, as well he may, and fine, and have forfeited his mǽgship[504]. We also declare that it is lawful war, for a man to fight for his lord, if any one attack his lord: and so also may the lord fight for his man. And in like manner a man may fight for his born kinsman, if any wrongfully attack him, except against his own lord: that we allow not.