XI. BOOK fights which occurred." The object was to extinguish that species of revenge which became afterwards known under the name of deadly feud. This was the fæhthe, the enmity which the relations of the deceased waged against the kindred of the murderer. Though the wite was all the penalty that society exacted to itself for murder, and the were all the pecuniary compensation that was permitted to the family, yet we must not suppose that murder was left without any other punishment. There seems reason to believe, that what has been called the deadly feud existed amongst them. The relations of the deceased avenged themselves, if they could, on the murderer or his kinsmen. The law did not allow it. The system of wites and weres tended to discountenance it, by requiring pecuniary sacrifices on all homicides, and of course on those of retaliation as well as others. But as all that the law exacted was the fine and the compensation, individuals were left at liberty to glut their revenge, if they chose to pay for it. But this spirit of personal revenge was early restricted. Ina's laws imposed a penalty of thirty shillings, besides compensation, if any one took his own revenge before he had demanded legal redress." So Alfred's laws enjoined, that if any one knew that his enemy was sitting at home, yet that he should not fight with him until he had demanded redress; but he might shut his adversary up and besiege him for seven days, if he could. If at the expiration of this time the person would surrender himself, he was to have safety for thirty days, and to be given up to his friends and relations. The caldorman was to help those who had not power enough to form this siege. If the ealdorman refused it, he was to ask aid of the king before he fought. So if any one fell accidentally in with his enemy, yet if the latter was willing to surrender himself, he was to have peace for thirty days. But if he refused to deliver up diately." his arms, he might be fought with imme- CHAP. If any one took up a thief, he not only had a reward, but the relations of the criminal were to swear, that they would not take the fæhthe, or deadly feud, for his apprehension." So if any one killed a thief in the act of flying, the relations of the dead man were to swear the unceastes oath; that is, the oath of no enmity, or of not taking the fæhthe." Every man was ordered to oppose the warfæhthe, if he was able, or could dare to attempt it." Edmund the First interfered to check this system of personal revenge, with marked severity, as before mentioned. He declared that the delinquent should bear his crime on his own head; and that if his kinsmen did not save him by paying the compensation, they should be protected from all fæhthe, provided that they afforded him neither mete nor mund, neither food nor shelter." 27 Wilkins, p. 43, 44. 28 Ibid. 19. 29 Wilkins and Lye call this the unceases oath, which they interpret unmeaningly the oath not select. The reading of the Roff. MS. is unceastes, which is intelligible, and is obviously an expression synonimous with 30 I. BOOK СНАР. II. Personal Injuries. THE compensation allotted to The loss of an eye or of a leg appears to have been considered as the most aggravated injury which could arise from an assault; and was therefore punished by the highest fine, or 50 shillings. To be made lame was the next most considerable offence, and the compensation for it was 30 shillings. For a wound that caused deafness, 25 shillings. To lame the shoulder, divide the chine-bone, cut off the thumb, pierce the diaphragm, or to tear off the hair and fracture the skull, was each punished by a fine of 20 shillings. For breaking the thigh, cutting off the ears, wounding the eye or mouth, wounding the diaphragm, or injuring the teeth so as to affect the speech, was exacted 12 shillings. For cutting off the little finger, 11 shillings. For cutting off the great toe, or for tearing off the hair entirely, 10 shillings. For piercing the nose, 9 shillings. For cutting off the fore finger, 8 shillings. For cutting off the gold finger, for every wound in the thigh, for wounding the ear, for piercing both cheeks, for cutting either nostril, for each of the front teeth, for breaking the jaw- CHAP. bone, for breaking an arm, 6 shillings. For seizing the hair so as to hurt the bone, for the loss of either of the eye-teeth, or of the middle finger, 4 shillings. For pulling the hair so that the bone became visible; for piercing the ear, or one cheek; for cutting off the thumb-nail, for the first double tooth, for wounding the nose with the fist, for wounding the elbow, for breaking a rib, or for wounding the vertebræ, 3 shillings. For every nail (probably of the fingers), and for every tooth beyond the first double tooth, 1 shilling. For seizing the hair, 50 scættas. For the nail of the great toe, 30 scættas. To judge of this scale of compensations by modern exper rience, there seems to be a gross disproportion, not only between the injury and the compensation, in many instances, but also between the different classes of compensation. Six shillings is a very inconsiderable recompense for the pain and confinement that follows an arm or the jaw-bone broke; and it seems absurd to rank in punishment with these serious. injuries the loss of a front tooth. To value the thumb at a higher price than the fingers, is reasonable; but to estimate the little finger at 11 shillings, the great toe at 10 shillings, the fore finger at 8 shillings, the ring-finger at 6 shillings, and the middle finger at 4 shillings, seems a very capricious distribution of recompense. So the teeth seem to have been valued on no principle intelligible to us: a front tooth was atoned for by 6 shillings, an eye-tooth by 4 shillings, the first double tooth 3 shillings, either of the others 1 shilling. Why to lame the shoulder should occasion a fine of 20 shillings, and to break the thigh but 12, and the arm but 6, cannot be explained, unless we presume that the surgical skill of the day found the VOL. II. KK · H. BOOK cure of the arm easier than of the thigh, and that easier than the shoulder.' Alfred made some difference in these compensations, which may be seen in his laws." He also appointed penalties for other personal wrongs. If any one bound a ceorl unsinning, he was to pay ten shillings, twenty if he whipped him, and thirty if he brought him to the pillory. If he shaved him in such a manner as to expose him to derision, he forfeited ten shillings, and thirty shillings if he shaved him like a priest, without binding him; but if he bound him and then gave him the clerical tonsure, the penalty was doubled. Twenty shillings was also the fine if any man cut another's beard off. These laws prove the value that was attached to the hair and the beard in the Anglo-Saxon society. Alfred also enjoined, that if any man carrying a spear on his shoulder 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 shaft. If the weapon was carried horizontally, he was excused the wite.* * Wilkins, 4-6. Ibid. 44-46. Ibid. 42. • Ibid. |