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
Ælfr. § 42. I have slightly varied the form of expression in the last
sentences, on account of the difficulty of rendering the adjective
_orwige_. Ælfred says in these cases a man may fight _orwige_,
literally, _without incurring the guilt of making war_, without
becoming obnoxious to the penalties assigned to the crime of
war-raising.
-----
The inconveniences of this state of society induced Eádmund, about the
middle of the tenth century, to release the kindred from the
consequences of fǽhðe: he thus commences his secular laws:
“Eádmund the king makes known to all the people, old and young, that are
in his dominion, what I have deliberated with the counsel of my Witan,
both ordained and laic. First how I might best promote Christianity.
Then seemed it to us first most needful that we should most firmly
preserve peace and harmony among ourselves, throughout all my dominion.
Both I, and all of us, hold in horror the unrighteous and manifold
fightings that exist among ourselves: we have therefore decreed: If
henceforth any one slay another, let him bear the feud himself, unless
by the assistance of his friends, and within twelve months, he make
amends with the full _wer_, be he born as he may. But if his kindred
forsake him, and will not pay for him, it is my will that all the
kindred be _unfáh_ [out of feud] except the actual perpetrator; provided
that they do not give him either food or protection. But if afterwards
any of the kindred harbour him, he shall be liable in all that he
possesses to the king[506] and bear the feud with the kindred, because
they had previously forsaken him. But if any of the other kindred take
vengeance upon any man save the actual perpetrator, let him be foe to
the king and all his friends, and forfeit all that he has[507].”
-----
Footnote 506:
A forfeiture of this kind is recorded in the Codex Diplomaticus, Nos.
714, 719, 1304. A lady had harboured her brother, while an outlaw for
murder. Her lands were all forfeited and given to the king.
Footnote 507:
Eádm. Sec. Leg. § 1. Thorpe, i. 246.
-----
It is probable that this right thus reserved to the kindred of deserting
their guilty kinsman, was not often exercised, nevertheless the
subsequent laws of Æðelred and Cnut[508] may be considered to have been
understood in connexion with it, and subject to its limitations.
-----
Footnote 508:
See above, cap. ix. p. 264.
-----
Public-domain text, read in full here on John Shaqi.
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