FREE BOOKS

Author's List




PREV.   NEXT  
|<   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155  
156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   >>   >|  
peace, on rural customs (_Rectitudines singularum personarum_), the treatises on the reeve (_gerefa_) and on the judge (_dema_), formulae of oaths, notions as to wergeld, &c. A fourth group might be made of the charters, as they are based on Old English private and public law and supply us with most important materials in regard to it. Looking somewhat deeper at the sources from which Old English law was derived, we shall have to modify our classification to some extent, as the external forms of publication, although important from the point of view of historical criticism, are not sufficient standards as to the juridical character of the various kinds of material. Direct statements of law would fall under the following heads, from the point of view of their legal origins: i. customary rules followed by divers communities capable of formulating law; ii. enactments of authorities, especially of kings; iii. private arrangements made under recognized legal rules. The first would comprise, besides most of the statements of custom included in the second division according to the first classification, a great many of the rules entered in collections promulgated by kings; most of the paragraphs of AEthelberht's, Hlothhere's, and Eadric's and Ine's laws, are popular legal customs that have received the stamp of royal authority by their insertion in official codes. On the other hand, from Withraed's and Alfred's laws downwards, the element of enactment by central authority becomes more and more prominent. The kings endeavour, with the help of secular and clerical witan, to introduce new rules and to break the power of long-standing customs (e.g. the precepts about the keeping of holidays, the enactments of Edmund restricting private vengeance, and the solidarity of kindreds as to feuds, and the like). There are, however, no outward signs enabling us to distinguish conclusively between both categories of laws in the codes, nor is it possible to draw a line between permanent laws and personal ordinances of single sovereigns, as has been attempted in the case of Frankish legislation. [Footnote 1: The _Judicia civitatis Lundoniae_ are a gild statute confirmed by King AEthelstan.] 3. Even in the course of a general survey of the legal lore at our disposal, one cannot help being struck by peculiarities in the distribution of legal subjects. Matters which seem to us of primary importance and occupy a wide place in our law-books ar
PREV.   NEXT  
|<   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155  
156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   >>   >|  



Top keywords:

customs

 

private

 
enactments
 

authority

 

important

 

classification

 

English

 
statements
 

outward

 

restricting


enabling

 

distinguish

 

solidarity

 
kindreds
 
vengeance
 

prominent

 

endeavour

 
secular
 

clerical

 

central


enactment
 

Withraed

 
Alfred
 

element

 

introduce

 

precepts

 

conclusively

 

keeping

 

holidays

 
standing

Edmund

 

permanent

 

disposal

 
survey
 

general

 
AEthelstan
 
struck
 

peculiarities

 

occupy

 
importance

primary

 
distribution
 
subjects
 

Matters

 

confirmed

 

personal

 

ordinances

 
single
 
sovereigns
 

categories