the relations of the
deceased, and to the king, the murderer was also obliged to
pay the master of a slave of vassal a sum, as a compensation
for his loss. This was called the "manbote" See Spel. Gloss,
in verb. Fredum, Manbot.]
This short abstract contains the history of the criminal jurisprudence
of the northern nations for several centuries. The state of England in
this particular, during the period of the Anglo-Saxons, may be judged of
by the collection of ancient laws, published by Lambard and Wilkins.
The chief purport of these laws is not to prevent or entirely suppress
private quarrels, which the legislators knew to be impossible, but only
to regulate and moderate them. The laws of Alfred enjoin, that if
any one know that his enemy or aggressor, after doing him an injury,
resolves to keep within his own house _and his own lands_[*] he
shall not fight him, till he require compensation for the injury. If
he be strong enough to besiege him in his house, he may do it for seven
days without attacking him; and if the aggressor be a willing, during
that time, to surrender himself and his arms, his, adversary may detain
him thirty days, but is afterwards obliged to restore him safe to his
kindred, "and be content with the compensation." If the criminal fly to
the temple, that sanctuary must not be violated. Where the assailant has
not force sufficient to besiege the criminal in his house, he must
apply to the alderman for assistance; and if the alderman refuse aid
the assailant must have recourse to the king; and he is not allowed
to assault the house till after this supreme magistrate has refused
assistance. If any one meet with his enemy, and be ignorant that he was
resolved to keep within his own lands he must, before he attack him,
require him to surrender him self prisoner, and deliver up his arms; in
which case he may detain him thirty days; but if he refuse to deliver
up his arms it is then lawful to fight him. A slave may fight in his
master's quarrel: a father may fight in his son's with any one except
with his master.[**]
It was enacted by King Ina, that no man should take revenge for an
injury till he had first demanded compensation, and had been refused
it.[***]
[* The addition of these last words is Italics
appears necessary from what follows in the same law.]
[** IL. AElf. sect. 28. Wilkins, p. 43.]
[*** LL. Inae sect. 9]
King Edmond, in the preamble
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