nd the price of a man's head was called among them
his "eric;" as we learn from Sir John Davis. The same custom seems also
to have prevailed among the Jews.[*******]
Theft and robbery were frequent among the Anglo-Saxons In order to
impose some check upon these crimes, it was ordained, that no man
should sell or buy any thing above twenty pence value, except in open
market;[********] and every bargain of sale must be executed before
witnesses.[*********]
[1: Lindenbrogius, passim.]
[2: Tacit, de Mor. Germ.]
[3: LL. AElf. sect. 12. Wilkins, p. 29. It is
probable that by wilful murder Alfred means a treacherous
murder, committed by one who has no declared feud with
another.]
[4: LL. AElf. sect. 4. Wilkins, p. 35.]
[5: LL. AElf. sect. 40. See also LL. Ethelb. sect.
34, etc.]
[6: LL Ethelb. sect. 32.]
[7: Exod. cap. xxi. 29, 30.]
[8: LL. AEthelst. sect. 12.]
[9: LL. AEthelst. sect. 10, 12. LL.Edg. apud
Wilkins, p. 80. LL Ethelredi, sect 4, apud Wilkins, p. 103.
Hloth. et Eadm. sect 16. LL. Canute. sect. 22.]
Gangs of robbers much disturbed the peace of the country, and the law
determined that a tribe of banditti, consisting of between seven and
thirty-five persons, was to be called a "turma," or troop; any greater
company was denominated an army.[*] The punishments for this crime were
various, but none of them capital.[**] If any man could track his stolen
cattle into another's ground, the latter was obliged to show the tracks
out of it, or pay their value.[***]
Rebellion, to whatever excess it was carried, was not capital but
might be redeemed by a sum of money.[****] The legislators, knowing
it impossible to prevent all disorders, only imposed a higher fine
on breaches of the peace committed in the king's court, or before an
alderman or bishop. An ale-house, too, seems to have been considered as
a privileged place; and any quarrels that arose there were more severely
punished than else where.[*****]
[* LL. Inae, sect. 12.]
[* LL. Inae, sect. 37.]
[* LL. AEthelst. sect. 2. Wilkins, p. 63.]
[* LL. Ethelredi, apud Wilkins, p. 110. LL. AElf. sect. 4.
Wilkins, p35.]
[* LL. Hloth. et Eadm. sect. 12, 13. LL. Ethelr. apud
Wilkins, P 117.]
If the manner of punishing crimes among the Anglo-Saxons appear
singular, the proofs were not less so; and were also the natural result
of the
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