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Unformatted text preview: al jurisprudence of the northern nations for several centuries. The state of England in this particular, during the period of the Anglo-Saxons, may be judged of by the collection of ancient laws, published by Lambard and Wilkins. The chief purport of these laws is not to prevent or entirely suppress private quarrels, which the legislator knew to be impossible, but only to regulate and moderate them. The laws of Alfred enjoin, that, if any one know, that his enemy or aggressor, after doing him an injury, resolves to keep within his own house PLL v5 (generated January 22, 2010) 130 http://oll.libertyfund.org/title/695 Online Library of Liberty: The History of England, vol. 1 and his own lands,h he shall not fight him, till he require compensation for the injury. If he be strong enough to besiege him in his house, he may do it for seven days without attacking him; and if the aggressor be willing, during that time, to surrender himself and his arms, his adversary must detain him thirty days, but is afterwards obliged to restore him safe to his kindred, and be content with the compensation. If the criminal fly to the temple, that sanctuary must not be violated. Where the assailant has not force sufficient to besiege the criminal in his house, he must apply to the alderman for assistance; and if the alderman refuse aid, the assailant must have recourse to the king: And he is not allowed to assault the house, till after this supreme magistrate has refused assistance. If any one meet with his enemy, and be ignorant that he was resolved to keep within his own lands, he must, before he attack him, require him to surrender himself prisoner, and deliver up his arms; in which case he may detain him thirty days: But if he refuse to deliver up his arms, it is then lawful to fight him. A slave may fight in his master’s quarrel: A father may fight in his son’s with any one, except with his master.i It was enacted by king Ina, that no man should take revenge for an injury till he had first demanded compensation, and had been refused it.k King Edmond, in the preamble to his laws, mentions the general misery, occasioned by the multiplicity of private feuds and battles; and he establishes several expedients for remedying this grievance. He ordains, that, if any one commit murder, he may, with the assistance of his kindred, pay within a twelvemonth the fine of his crime, and if they abandon him, he shall alone sustain the deadly feud or quarrel with the kindred of the murdered person. His own kindred are free from the feud, but on condition that they neither converse with the criminal, nor supply him with meat or other necessaries: If any of them, after renouncing him, receive him into their house, or give himassistance, they are finable to the king, and are involved in the feud. If the kindred of the murdered person take revenge on any but the criminal himself, after he isabandoned by hiskindred, all their property is forfeited, and they are declared to be enemies to the king and all his friends.l It is also ordained, that the fine for murder shall never be remitted by the king,m and that no criminal shall be killed who flies to the church, or any of the king’s towns;n and the king himself declares, that his ho...
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This note was uploaded on 02/12/2011 for the course CHIN 101 taught by Professor Dr.yu during the Spring '08 term at University Of Southern Mississippi .
- Spring '08