FREE BOOKS

Author's List




PREV.   NEXT  
|<   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139  
140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   >>   >|  
The expression "wolf's head" was an old Saxon formula of outlawry, and appears to have originated from the circumstance that a price was set on the fugitive equivalent to that at which a wolf's head was estimated. One of the laws of Edward the Confessor deals with the case of a person who has fled justice, and pronounces: "Si postea repertus fuerit et teneri possit, vivus regi reddatur, vel caput ipsius si se defenderit; lupinum enim caput geret a die utlagacionis sue, quod ab Anglis _wlvesheved_ nominatur. Et hec sententia communis est de omnibus utlagis." Already we are in possession of the salient facts as regards outlawry. As a rule the outlaw was not banished, as citizens were ostracized at Athens, to secure the State from dangerous rivalries. In other words, they were commonly not men of character and distinction, but just the reverse--persons whose conduct was so destitute of honour as to degrade them, in the eyes of the community, to the level of the worst sort of vermin. And they were treated accordingly. They were held to be unfit to exist as an integral part of the body politic, and either destroyed or, as an alternative, constrained to abjure the realm. The head and front of their offence was not any act of which they might have been guilty. The direct, and, it may be said, the sole, cause of their proscription was refusal to submit to the laws, to accept justice at the hands of their country-men. This comes out quite distinctly in the legislative enactments of our remote ancestors. Kemble in his "Saxons in England" quotes the following law of King Edgar: "That a thief be pursued, if necessary. If there be present need, let it be told the hundred men, and let them afterwards make it known to the tithing men and let them all go forth whither God may direct them to their end; let them all do justice on the thief as it was formerly Eadmund's law. And be the _ceapgild_ (i.e., market value) paid to him that owns the chattel; and be the rest divided in two, half to the hundred, half to the lord except men; and let the lord take possession of the men. "And if any neglect this and deny the judgment of the hundred, and the same be afterwards proved against him, let him pay to the hundred 30 pence; and the second time 60 pence; half to the hundred, half to the lord. If he do it a third time, let him pay 1/2 lb; the 4th time let him lose all that he hath and be an outlaw, unless the King will allow him to r
PREV.   NEXT  
|<   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139  
140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   >>   >|  



Top keywords:
hundred
 

justice

 

outlaw

 

outlawry

 

direct

 

possession

 

Kemble

 

ancestors

 

remote

 
quotes

England

 
Saxons
 

proscription

 
guilty
 

offence

 

constrained

 
abjure
 

refusal

 

distinctly

 
legislative

enactments
 

submit

 
accept
 

country

 

judgment

 
proved
 

neglect

 

divided

 

tithing

 

alternative


present
 
chattel
 

market

 

Eadmund

 

ceapgild

 

pursued

 

ipsius

 

defenderit

 
lupinum
 

reddatur


teneri

 
possit
 

nominatur

 

sententia

 

communis

 
wlvesheved
 

Anglis

 

utlagacionis

 

fuerit

 

repertus