The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
And it is lawful war if a man find another with his wedded wife
within closed doors, or under one covering, or with his daughter born in
wedlock, or his sister born in wedlock, or his mother who was given to
his father as a wedded wife[505].”
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Footnote 497:
This is the wild right of every outlaw, the law of nature which
resumes its force when human law has been relinquished.
“I lost mine eye in laying the prize aboard,
And therefore, to revenge it, shalt thou die!”
Hen. VI. Part 2, act iv. sc. 1.
Such is the justice of him who has returned to the universal state of
war. Against such a one, Society, if it mean to be society, must on
its side declare a war of extermination.
Footnote 498:
Beda, Hist. Eccl. iv. 22.
Footnote 499:
“Twelfhyndes mannes áð forstent syx ceorla áð; forðám gif man ðone
twelfhyndan man wrecan sceolde, he hið full wrecen on syx ceorlum, and
his wergyld bið syx ceorla wergyld.” Oaths, § 12. Thorpe, i. 182.
Footnote 500:
The technical term is, _to set up the king’s protection_, “cyninges
munde rǽran.” Eádw. and Guð. § 13. Eádm. ii. § 7. Thorpe, i. 174, 250.
This is the engagement of the State that the arbitrament shall be
peaceably made, and it at once abrogates all right of feud, and fear
of violent revenge.
Footnote 501:
“Suscipere tam inimicitias seu patris seu propinqui quam amicitias
necesse est. Nec implacabiles durant; luitur enim etiam homicidium
certo armentorum ac pecorum numero, recipitque satisfactionem universa
domus: utiliter in publicum; quia periculosiores sunt inimicitiae
iuxta libertatem.” Germ. xxii. “Sed et levioribus delictis [including
homicide] pro modo poenarum equorum pecorumque numero convicti
multantur. Pars multae regi vel civitati, pars ipsi qui vindicatur,
vel propinquis eius exsolvitur.” Ibid. xii.
Footnote 502:
The Saxon law says, in accordance with the universal law of nature and
society, “A man may fight, without incurring the penalty of raising
war, against him whom he finds with his wedded wife, within closed
doors, or under one covering; or, with his daughter lawfully born, or
with his sister lawfully born, or with his mother, who was given to
his father as his wedded wife.” In these cases there is, and can be,
no murder before the law. It is needless to show from the history and
traditions of every European state, that this is a principle
universally recognized.
Footnote 503:
Leg. Eádw. Conf. xii. Thorpe, i. 447.
Footnote 504:
Probably, “Let him, forfeit all claim to the assistance of his
kinsmen, either in repelling feud or paying fine.”
Footnote 505:
Public-domain text, read in full here on John Shaqi.
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