V.

BOOK To value the thumb at a higher price than the fingers is reasonable; but to estimate the great toe at 12 fhillings, the little finger at 11s. the fore finger at 8s., the ring finger at 6s. and the middle finger at 48., feems a very capricious distribution of recompenfe. So the teeth feem to have been valued on no principle intelligible to us: a front tooth was atoned for by 6s., an eye tooth by 4s., the first double tooth 3s., either of the others 1s. Why to lame the shoulder fhould occafion a fine of 20 fhillings, and to break the thigh but 12, and the arm but 6, cannot be explained, unless we presume that the furgical skill of the day found the cure of the arm easier than of the thigh, and that easier than the shoulder'.

ALFRED made fome difference in these compenfations, which may be seen in his laws 2.

He also appointed penalties for other perfonal

wrongs.

If any one bound a ceorle unfinning he was to pay ten fhillings; twenty if he whipped him, and thirty if he brought him to the pillory. If he fhaved him in such a manner as to expose him to derifion, he forfeited ten fhillings, and thirty fhillings if he shaved him like a priest, without bind

ing him ; but if he bound him and then gave him

the clerical tonfure, the penalty was doubled. Twenty fhillings was alfo the fine if any man cut another's beard off 3. These laws prove the value that was attached to the hair and the beard in the Anglo-Saxon fociety.

2

Wilkins, 4-6.

2 Ib, 44-46.

3 Ib. 42.

II.

ALFRED also enjoined that if any man carrying CHA P. a fpear on his fhoulder pierced another, or wounded his eyes, he paid his were, but not a wite. If it was done wilfully the wite was exacted, if he had carried the point three fingers higher than the fhaft. If the weapon was carried horizontally he was excufed the wite 4.

• Wilkins, ib.

t

BOOK
V.

T

CHAP. III.

Theft.

HEFT appears to have been confidered as the most enormous crime, and was, as fuch, feverely punished. If we confider felony to be a forfeiture of goods and chattels, theft was made felony by the Anglo-Saxons in their earliest law; for if a freeman ftole from a freeman, the compenfation was to be threefold; the king had the wite and all his goods '.

THE punishment was made heavier in proportion to the focial rank of the offender. Thus, while a freeman's theft was to be atoned for by a triple compenfation, the fervile were only fubjected to a twofold retribution 2.

THE punishment of theft was foon extended farther. By the laws of Wihtræd if a freeman was taken with the theft in his hand, the king had the option of killing him, of felling him, or receiving

his were 3.

If

INA aggravated the punishment yet more. the wife and family of a thief witneffed his offence, they were all made to go into flavery. The thief himfelf was to lose his life, unless he could redeem it by paying his were 5. Ina's law defines thefe kinds of offenders. They were called thieves if

no more than feven were in a body; but a collec- CHA P. tion of above seven up to thirty-five was a hloth; a greater number was confidered as an here or an army: diftinct punishments were allotted to these forts of offenders.

THE Saxon legiflators were never weary of accumulating severities against thieves; the amputation of the hand and foot was foon added 7. If á man's geneat ftole, the mafter himself was fubjected to a certain degree of compenfation. A reward of ten fhillings was allowed for his apprehenfion"; and if a thief taken was fuffered to escape, the pu. nishment for the neglect was fevere 1o.

10

IN the reign of Ethelstan, a milder spirit introduced a principle, which has continued to prevail in our criminal jurifprudence ever fince, and still exifts in it. This was that no one fhould lofe his life for stealing less than twelve-pence. The Saxon legiflators added indeed a provifo, which we have dropped; "unless he flies or defends himself ""

THEY introduced another mitigating principle, which we ftill attend to in practice, though not in theory. This was, that no youth under fifteen fhould be executed. The fame exception of his flight or refiftance was here alfo added "; his punishment was to be imprisonment, and bail was to be given for his good behaviour. If his relations would not give the bail he was to go into flavery. If he afterwards ftole, he might be hanged ".

Wilk. p. 17.

9 lb. 19.

12 lb.

BOOK

V.

THE many 'provifions made for the public purchases of goods before witneffes, or magistrates, feem to have arisen partly from the frequency of thefts in thofe days, and partly from the severity with which they were punished. To escape this it was neceffary that every man, and especially a dealer in goods, fhould be always able to prove his legal property in what he poffeffed. Hence, in Athelstan's laws, it is enacted, that no purchases above twenty pennies fhould be made outfide the gate; but that fuch bargains fhould take place within the town, under the witness of the port gerefa, or fome unlying man, or of the gerefas in the folc gemot 14.

Wilk. p. 58.