The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
the wings of the common law from the dominion of other sects, but not
erected into dominion over them. An eminent Spanish physician affirmed
that the lancet had slain more men than the sword. Doctor Sangrado, on
the contrary, affirmed that with plentiful bleedings, and draughts of
warm water, every disease was to be cured. The common law protects both
opinions, but enacts neither into law. See post. 879.
879. Howard, in his Contumes Anglo-Normandes, 1. 87, notices the
falsification of the laws of Alfred, by prefixing to them four chapters
of the Jewish law, to wit: the 20th, 21st, 22d and 23d chapters of
Exodus, to which he might have added the 15th chapter of the Acts of the
Apostles, v. 23, and precepts from other parts of the scripture. These
he calls a _hors d'œuvre_ of some pious copyist. This awkward monkish
fabrication makes the preface to Alfred's genuine laws stand in the body
of the work, and the very words of Alfred himself prove the fraud; for he
declares, in that preface, that he has collected these laws from those
of Ina, of Offa, Aethelbert and his ancestors, saying nothing of any of
them being taken from the Scriptures. It is still more certainly proved
by the inconsistencies it occasions. For example, the Jewish legislator
Exodus xxi. 12, 13, 14, (copied by the Pseudo Alfred § 13,) makes murder,
with the Jews, death. But Alfred himself, Le. xxvi., punishes it by
a fine only, called a Weregild, proportioned to the condition of the
person killed. It is remarkable that Hume (append. 1 to his History)
examining this article of the laws of Alfred, without perceiving the
fraud, puzzles himself with accounting for the inconsistency it had
introduced. To strike a pregnant woman so that she die is death by
Exodus, xxi. 22, 23, and Pseud. Alfr. § 18; but by the laws of Alfred
ix., pays a Weregild for both woman and child. To smite out an eye, or
a tooth, Exod. xxi. 24-27. Pseud. Alfr. § 19, 20, if of a servant by his
master, is freedom to the servant; in every other case retaliation. But
by Alfr. Le. xl. a fixed indemnification is paid. Theft of an ox, or a
sheep, by the Jewish law, Exod. xxii. 1, was repaid five-fold for the
ox and four-fold for the sheep; by the Pseudograph § 24, the ox double,
the sheep four-fold; but by Alfred Le. xvi., he who stole a cow and
a calf was to repay the worth of the cow and 401 for the calf. Goring
by an ox was the death of the ox, and the flesh not to be eaten. Exod.
xxi. 28. Pseud. Alfr. § 21 by Alfred Le. xxiv., the wounded person had
the ox. The Pseudograph makes municipal laws of the ten commandments,
§ 1--10, regulates concubinage, § 12, makes it death to strike or to
curse father or mother, § 14, 15, gives an eye for an eye, tooth for
a tooth, hand for hand, foot for foot, burning for burning, wound for
wound, strife for strife, § 19; sells the thief to repay his theft, §
24; obliges the fornicator to marry the woman he has lain with, § 29;
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