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
The details of this law are of the most stringent description,
regulating even the minutest points of social intercourse. Its extreme
punishment was expulsion; but expulsion was nearly equivalent to death,
situated as the Húscarlas were expected to be, among a hostile
population. And though the offending brother had his election, whether
he would retire from the gild by sea or land, yet the circumstances
which attended his ejection were not those of mercy or alleviation. To
the seashore, the whole body of his ancient comrades were to accompany
him; then launching him in a boat, with oars or sails, they were to
commit him to his fortune: henceforth he was not only a stranger but an
enemy, an outlaw: if stress of weather or other accident brought him
back to the shore, he might be fallen upon and slain without remorse or
retribution. Or if he chose to retire by land, he was to be led to the
nearest wood, and there to be watched till his form was lost in the
darkness of the thickets: three successive shouts were then to be
raised, to warn him of the direction in which his gild-brothers lay in
wait. If then, through the devious error of the forest he returned into
their presence, his life was forfeit. To insult, injure or dishonour a
brother was an offence punished with the utmost severity; and if three
of the Húscarlas concurred in accusing one of the body, there was
neither denial nor exculpation allowed; the penalty followed inevitably.
Such severe regulations as these fully explain their object; and it
seems to have been successfully attained, for we are told that, at least
during the life of Cnut, the penalties were never once incurred or
enforced[295].
Footnote 295:
Except in his own case, where they were incurred, but not enforced.
The story (found in great detail in Saxo-Grammaticus, book x.) seems
exaggerated; but nevertheless it is easy to see that the strict
application of the law to the king would have caused the destruction
of the whole system. As they could not do without Cnut, and had no law
whereby to judge him, save the one whose application in his case was
impossible, they suffered him to assess his own penalty. He paid nine
times the wergyld of the brother he had slain.
Public-domain text, read in full here on John Shaqi.
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