272
THE SAXONS IN ENGLAND.
[book I.
avail himself of the means of peaceful settlement
which society has provided for him, the person in-
jured may make war upon him, and have the assist-
ance of the State in so doing. The most general
expression of this right is found in a proverbial
formula retained in the law of Eadweard the Con-
fessor, and which may be said to comprise all the
law of the subject : it says, “ Let amends be made
to the kindred, or let their war be borne ; ” whence
the English had the proverb, i Bicge spere of side
o,δer bere,’ that is to say, Buy off the spear or bear
it1. The mode however of applying this general
right was not left to individual caprice. The fol-
lowing regulations made Бу successive kings will
explain very fully the practice and the theory of
Feud or War. Ælfred ordains, “ That the man who
knows his foe to be homesitting fight not, be-
fore he have demanded justice of him. If he have
power enough to beset his foe, and besiege him in
his house, let him keep him there for seven days, but
not attack him, if he will remain within-doors. If
then, after seven days, he be willing to surrender,
and to give up his weapons, let him be kept safe
for thirty days, and let notice of him be given
to his kinsmen and friends. . . . But if the plaintiff
raising war, against him whom he finds with his wedded wife, within
closed doors, or under one covering ; or, with his daughter lawfully
born, or with his sister lawfully born, or with his mother, who was
given to his father as his wedded wife.” In these cases there is, and
can be, no murder before the law. It is needless to show from the
history and traditions of every European state, that this is a principle
universally recognized.
‘ Leg. Èadw. Conf. xii. Thorpe, ɪ. 447.
CH. X-J
FÆ'HDE. WERGYLD.
273
have not power enough of his own to besiege his
foeman, let him ride to the ealdorman and beg aid
of him : and if the ealdorman will not aid him, let
him ride to the king before he fights. In like man-
ner if a man come accidentally upon his foe, and
without previous knowledge of his homestaying ; if
the foe will surrender his weapons, let him be kept
safely for thirty days, and let notice be given to his
friends. If he will not surrender his weapons, he
may lawfully be attacked. But if he be willing to
surrender and to deliver up his weapons, and after
that, any one attack him, let him pay wer and
wound, as well he may, and fine, and have forfeited
his mægship/. We also declare that it is lawful
war, for a man to fight for his lord, if any one
attack his lord : and so also may the lord fight for
his man. And in like manner a man may fight
for his born kinsman, if any wrongfully attack
him, except against his own lord : that we allow
not. And it is lawful war if a man find another
with his wedded wife within closed doors, or under
one covering, or with his daughter born in wedlock,
or his sister born in wedlock, or his mother who
was given to his father as a wedded wife 2.”
The inconveniences of this state of society in-
duced Eadmund, about the middle of the tenth cen-
` Probably, “ Let him forfeit all claim to the assistance of his kins-
men, either in repelling feud or paying fine.”
2 Ælfr. § 42. I have slightly varied the form of expression in the
last sentences, on account of the difficulty of rendering the adjective
orwιge. Ælfred says in these cases a man may fight orwige, literally,
without incurring the guilt of making war, without becoming obnoxious
to the penalties assigned to the crime of war-raising.
VOL. 1. T