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 necessar
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