The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest — John Shaqi
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (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
Although under a Christian dispensation the king could no longer be
considered as appertaining to a family exclusively divine, yet the old
national tradition still aided in securing to him the highest personal
position in the commonwealth. He had a wergyld indeed, but it far
exceeded that of any other class: nor was it in this alone that his
paramount dignity was recognized, but in the comparative amount of the
fines levied for offences against himself, his dependents or his
property. And as the principle of all Teutonic law is, that the amount
of _bót_ or compensation shall vary directly with the dignity of the
party leased, the high tariff appointed for royalty is evidence that the
king really stood at the summit of the social order, and was the first
in rank and honour, whatever he may have been in power. This is equally
apparent in the earliest law, that of Æðelberht, as in Eádweard the
Confessor’s, the latest. Thus, if he called his Leóde, _fideles_ or
thanes, to him, and they were injured on the way, a compensation double
the ordinary amount could be exacted, and in addition a fine of fifty
shillings to the king[32]. And so likewise, if he honoured a subject by
drinking at his house, all offences, then and there committed, were
punishable by a double fine[33]. Theft from him bore a ninefold, from a
ceorl or freeman only a threefold, compensation[34]. His mundbyrd or
protection was valued at fifty shillings; that of an eorl and ceorl at
twelve and six respectively[35]: this applied to the cases where a man
slew another in the king’s tún, the eorl’s tún, or the ceorl’s edor[36];
and to the dishonour of his maiden-serf, which involved a fine of fifty
shillings, while the eorl’s female cupbearer was protected only to the
amount of twelve, the ceorl’s to that of six shillings[37]. His
messenger or armourer, if by chance they were guilty of manslaughter,
could only be sued for a mitigated wergyld, by which they, though
probably unfree, were placed upon a footing of equality with the
freeman[38]. His word, like that of a bishop, was to be
incontrovertible, that is, no oath could be tendered to rebut it[39]. He
that fought in the king’s hall, if taken in the act, was liable to the
punishment of death, or such doom as the king should decree[40]: the
king’s burhbryce, or violence done to his dwelling, was valued at 120
shillings, an archbishop’s at 90, a bishop’s or ealdorman’s at 60, a
twelfhynde man’s at 30, a syxhynde’s at 15, but a ceorl’s or freeman’s
only at 5; and these sums were to be doubled if the militia was on
foot[41]. His borhbryce, or breach of surety, and his mundbyrd or
protection were raised by Ælfred to five pounds, while the archbishop’s
was valued at three, the bishop’s or ealdorman’s at two pounds[42]. He
could give sanctuary to offenders for nine days[43], and peculiar
privileges of the same kind were extended to those monasteries which
were subject to his farm or _pastus_[44]. His geneát or comrade, if of
Public-domain text, read in full here on John Shaqi.
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