Beacon Lights of History, Volume 08 | Page 9

with Christian ideas.
His aim seems to have been to recognize in his jurisprudence the
supreme obedience which is due to the laws of God. In all the laws of
the converted Teutonic nations, from Charlemagne down, we notice the
influence of the Christian clergy in modifying the severity of the old
Pagan codes. Alfred did not aim to be an original legislator, like Moses
or Solon, but selected from the Mosaic code, and also from the laws of
Ethelbert, Ina, Offa, and other Saxon princes, those regulations which
he considered best adapted to the circumstances of the people whom he
governed. He recognized more completely than any of his predecessors
the rights of property, and attached great sanctity to oaths. Whoever
violated his pledge was sentenced to imprisonment. He raised the
dignity of ealdormen and bishops to that of the highest rank. He made
treason against the royal authority the gravest offence known to the
laws, and all were deemed traitors who should presume to draw the
sword in the king's house. He made new provisions for personal
security, and severely punished theft and robbery of every kind,
especially of the property of the Church. He bestowed freedom on
slaves after six years of service. Some think he instituted trial by jury.
Like Theodosius and Charlemagne, he gave peculiar privileges to the
clergy as a counterpoise to the lawlessness of nobles.

One of the peculiarities of his legislation was compensation for
crime,--seen alike in the Mosaic dispensation and in the old customs of
the Germanic nations in their native forests. On conviction, the culprit
was compelled to pay a sum of money to the relatives of the injured,
and another sum to the community at large. This compensation varied
according to the rank of the injured party,--and rank was determined by
wealth. The owner of two hydes of land was ranked above a ceorl, or
simple farmer, while the owner of twelve hydes was a royal thane. In
the compensation for crime the gradation was curious: twelve shillings
would pay for the loss of a foot, ten for a great toe, and twenty for a
thumb. If a man robbed his equal, he was compelled to pay threefold; if
he robbed the king, he paid ninefold; and if he robbed the church, he
was obliged to return twelvefold: hence the robbery of ecclesiastical
property was attended with such severe penalties that it was unusual. In
some cases theft was punished with death.
The code of Alfred was severe, but in an age of crime and disorder
severity was necessary. He also instituted a vigorous police, and
divided the country into counties, and these again into hundreds or
parishes, each of which was made responsible for the maintenance of
order and the detection of crime. He was severe on judges when they
passed sentence irrespective of the rights of jurors. He did not
emancipate slaves, but he ameliorated their condition and limited their
term of compulsory service. Burglary in the king's house was punished
by a fine of one hundred and twenty shillings; in an archbishop's, at
ninety; in a bishop's or ealdorman's, at sixty; in the house of a man of
twelve hydes, at thirty shillings; in a six-hyde man's, at fifteen; in a
churl's, at five shillings,--the fine being graded according to the rank of
him whose house had been entered. There was a rigorous punishment
for working on Sunday: if a theow, by order of his lord, the lord had to
pay a penalty of thirty shillings; if without the lord's order, he was
condemned to be flogged. If a freeman worked without his lord's order,
he had to pay sixty shillings or forfeit his freedom. If a man was found
burning a tree in a forest, he was obliged to pay a fine of sixty shillings,
in order to protect the forest; or if he cut down a tree under which thirty
swine might stand, he was obliged to pay a fine of sixty shillings.
These penalties seem severe, but they were inflicted for offences

difficult to be detected and frequently committed. We infer from these
various fines that burglary, robbery, petty larcenies, and brawls were
the most common offences against the laws.
One of the greatest services which Alfred rendered to the cause of
civilization in England was in separating judicial from executive
functions. The old eorls and ealdormen were warriors; and yet to them
had been committed the administration of justice, which they often
abused,--frequently deciding cases against the verdicts of jurors, and
sometimes unjustly dooming innocent men to capital punishment.
Alfred hanged an ealdorman or alderman, one Freberne, for sentencing
Haspin to death when the jury was in doubt. He even hanged
twenty-four inferior officers, on whom judicial duties devolved, for
palpable injustice.
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