Fishing from the sea yielded herrings, sturgeon, porpoise, oysters,

crabs, and other fish. Sometimes a whale was driven into an inlet by a

group of boats. Whale skins were used to make ropes.

The roads were not much more than trails. They were often so narrow

that two pack horses could hardly pass each other. The pack horses each

carried two bales or two baskets slung over their backs, which balanced

each other. The soft soil was compacted into a deep ditch which rains,

floods, and tides, if near the sea, soon turned into a river. Traveling

a far distance was unsafe as there were robbers on the roads. Traveling

strangers were distrusted. It was usual to wash one's feet in a hot tub

after traveling and to dry them with a rough wool cloth.

There were superstitions about the content of dreams, the events of the

moon, and the flights and voices of birds were often seen as signs or

omens of future events. Herbal mixtures were drunk for sickness and

maladies. From the witch hazel plant was made a mild alcoholic

astringent, which was probably used to clean cuts and sooth abrasions.

In the peaceful latter part of the 600s, Theodore, who had been a monk

in Rome, was appointed archbishop and visited all the island speaking

about the right rule of life and ordaining bishops to oversee the

priests. Each kingdom was split up into dioceses each with one bishop.

Thereafter, bishops were selected by the king and his witan, usually

after consulting the clergy and even the people of the diocese. The

bishops came to be the most permanent element of society. They had their

sees in villages or rural monasteries. The bishops came to have the same

wergeld as an eorldorman: 1200s., which was the price of about 500 oxen.

A priest had the wergeld as a landholding farmer [thegn], or 300s. The

bishops spoke Latin, but the priests of the local parishes spoke

English. Theodore was the first archbishop whom all the English church

obeyed. He taught sacred and secular literature, the books of holy writ,

ecclesiastical poetry, astronomy, arithmetic, and sacred music. Theodore

discouraged slavery by denying Christian burial to the kidnapper and

forbidding the sale of children over the age of seven. A slave became

entitled to two loaves a day and to his holydays. A slave was allowed to

buy his or his children's freedom. In 673, Theodore started annual

national ecclesiastical assemblies, for instance for the witnessing of

important actions. The bishops, some abbots, the king, and the

eorldormen were usually present. From them the people learned the

benefit of common national action. There were two archbishops: one of

Canterbury in the south and one of York in the north. They governed the

bishops and could meet with them to issue canons that would be equally

valid all over the land. A bishop's house contained some clerks,

priests, monks, and nun and was a retreat for the weary missionary and a

school for the young. The bishop had a deacon who acted as a secretary

and companion in travel, and sometimes as an interpreter. Ink was made

from the outer husks of walnuts steeped in vinegar.

The learned ecclesiastical life flourished in monastic communities, in

which both monks and nuns lived. Hilda, a noble's daughter, became the

first nun in Northumbria and abbess of one of its monasteries. There she

taught justice, piety, chastity, peace, and charity. Several monks

taught there later became bishops. Kings and princes often asked her

advice. Many abbesses came to run monastic communities; they were from

royal families. Women, especially from royal families, fled to

monasteries to obtain shelter from unwanted marriage or to avoid their

husbands. Kings and eorldormen retired to them.

Danish Vikings made several invasions in the 800s for which a danegeld

tax on land was assessed on everyone every ten to twenty years. The

amount was determined by the witan and was typically 2s. per hide of

land. (A hide was probably the amount of land which could support a

family or household for a year or as much land as could be tilled

annually by a single plough.) It was stored in a strong box under the

King's bed. King Alfred the Great, who had lived for awhile in Rome,

unified the country to defeat the invaders. He established

fortifications called "burhs", usually on hill tops or other strategic

locations on the borders to control the main road and river routes into

his realm. The burhs were seminal towns. They were typically walled

enclosures with towers and an outer ditch and mound, instead of the

hedge or fence enclosure of a tun. Inside were several wooden thatched

huts and a couple of churches, which were lit by earthen oil lamps. The

populace met at burhgemotes. The land area protected by each burh became

known as a "shire", which means a share of a larger whole. The shire or

local landowners were responsible for repairing the burh fortifications.

There were about thirty shires.

Alfred gathered together fighting men who were at his disposal, which

included eorldormen with their hearthbands (retinues of men each of whom

had chosen to swear to fight to the death for their eorldorman, and some

of whom were of high rank), the King's thegns, shire thegns (local

landholding farmers, who were required to bring fighting equipment such

as swords, helmets, chain mail, and horses), and ordinary freemen, i.e.

ceorls (who carried food, dug fortifications, and sometimes fought).

Since the King was compelled to call out the whole population to arms,

the distinction between the king's thegns from other landholders

disappeared. Some great lords organized men under them, whom they

provisioned. These vassals took a personal oath to their lord "on

condition that he keep me as I am willing to deserve, and fulfill all

that was agreed on when I became his man, and chose his will as mine."

Alfred had a small navy of longships with 60 oars to fight the Viking

longships.

Alfred divided his army into two parts so that one half of the men were

fighting while the other half was at home sowing and harvesting for

those fighting. Thus, any small-scale independent farming was supplanted

by the open-field system, cultivation of common land, more large private

estates headed by a lord, and a more stratified society in which the

king and important families more powerful and the peasants more

curtailed. The witan became mere witnesses. Many free coerls of the

older days became bonded. The village community tended to become a large

private estate headed by a lord. But the lord does not have the power to

encroach upon the rights of common that exist within the community.

In 886, a treaty between Alfred and the Vikings divided the country

along the war front and made the wergeld of every free farmer, whether

English or Viking, 200s. Men of higher rank were given a wergeld of 4

1/2 marks of pure gold. A mark was probably a Viking denomination and a

mark of gold was equal to nine marks of silver in later times and

probably in this time. The word "earl" replaced the word "eorldormen"

and the word "thegn" replaced the word "aetheling" after the Danish

settlement. The ironed pleats of Viking clothing indicated a high status

of the wearer. The Vikings brought combs and the practice of regular

hair-combing to England.

King Alfred gave land with jurisdictional powers within its boundaries

such as the following: "This is the bequest which King Alfred make

unequivocally to Shaftesbury, to the praise of God and St. Mary and all

the saints of God, for the benefit of my soul, namely a hundred hides as

they stand with their produce and their men, and my daughter AEthelgifu

to the convent along with the inheritance, since she took the veil on

account of bad health; and the jurisdiction to the convent, which I

myself possessed, namely obstruction and attacks on a man's house and

breach of protection. And the estates which I have granted to the

foundation are 40 hides at Donhead and Compton, 20 hides at Handley and

Gussage 10 hides at Tarrant, 15 hides at Iwerve and 15 hides at

Fontmell.

The witnesses of this are Edward my son and Archbishop AEthelred and

Bishop Ealhferth and Bishop AEthelhead and Earl Wulfhere and Earl

Eadwulf and Earl Cuthred and Abbot Tunberht and Milred my thegn and

AEthelwulf and Osric and Brihtulf and Cyma. If anyone alters this, he

shall have the curse of God and St. Mary and all the saints of God

forever to all eternity. Amen."

Sons usually succeeded their fathers on the same land as shown by this

lifetime lease: "Bishop Denewulf and the community at Winchester lease

to Alfred for his lifetime 40 hides of land at Alresford, in accordance

with the lease which Bishop Tunbriht had granted to his parents and

which had run out, on condition that he renders every year at the

autumnal equinox three pounds as rent, and church dues, and the work

connected with church dues; and when the need arises, his men shall be

ready both for harvesting and hunting; and after his death the property

shall pass undisputed to St. Peter's.

These are the signatures of the councilors and of the members of the

community who gave their consent, namely ..."

Alfred invented a graduated candle with spaces indicating one hour of

burning, which could be used as a clock. He used a ventilated cow's horn

to put around the top of the candle to prevent its blowing out, and then

devised a wooden lantern with a horn window. He described the world as

like a yolk in the middle of an egg whose shell moves around it. This

agreed with the position of Ptolemy Claudius of Alexandria, who showed

the curvature of the earth from north to south by observing that the

Polar Star was higher in the north and lower in the south. That it was

curved from east to west followed from the observation that two clocks

placed one west and one east would record a different time for the same

eclipse of the moon.

Alfred wrote poems on the worthiness of wisdom and knowledge in

preference to material pleasures, pride, and fame, in dealing with

life's sorrow and strife. His observations on human nature and his

proverbs include:

1. As one sows, so will he mow.

2. Every man's doom [judgment] returns to his door.

3. He who will not learn while young, will repent of it when old.

4. Weal [prosperity] without wisdom is worthless.

5. Though a man had 70 acres sown with red gold, and the gold grew like

grass, yet he is not a whit the worthier unless he gain friends for

himself.

6. Gold is but a stone unless a wise man has it.

7. It's hard to row against the sea flood; so it is against misfortune.

8. He who toils in his youth to win wealth, so that he may enjoy ease

in his old age, has well bestowed his toil.

9. Many a man loses his soul through silver.

10. Wealth may pass away, but wisdom will remain, and no man may perish

who has it for his comrade.

11. Don't choose a wife for her beauty nor for wealth, but study her

disposition.

12. Many an apple is bright without and bitter within.

13. Don't believe the man of many words.

14. With a few words a wise man can compass much.

15. Make friends at market, and at church, with poor and with rich.

16. Though one man wielded all the world, and all the joy that dwells

therein, he could not therewith keep his life.

17. Don't chide with a fool.

18. A fool's bolt is soon shot.

19. If you have a child, teach it men's manners while it is little. If

you let him have his own will, he will cause you much sorrow when he

comes of age.

20. He who spares the rod and lets a young child rule, shall rue it when

the child grows old.

21. Either drinking or not drinking is, with wisdom, good.

22. Relatives often quarrel together.

23. The barkless dog bites ill.

24. Be wise of word and wary of speech, then all shall love you.

25. We may outride, but not outwit, the old man.

26. Be not so mad as to tell your friend all your thoughts.

27. If you and your friend fall out, then your enemy will know what your

friend knew before.

28. Don't choose a deceitful man as a friend, for he will do you harm.

29. The false one will betray you when you least expect it.

30. Don't choose a scornful false friend, for he will steal your goods

and deny the theft.

31. Take to yourself a steadfast man who is wise in word and deed; he

will prove a true friend in need.

To restore education and religion, Alfred disseminated the Anglo- Saxon

Chronicles; the Venerable Bede's Ecclesiastical History of the English

Nation; the "Consolidation of Philosophy" by Roman philosopher Boethius,

which related the use of adversity to develop the soul, and described

the goodness of God and how the highest happiness comes from spiritual

values and the soul, which are eternal, rather than from material or

earthly pursuits, which are temporal; and Pope Gregory's Pastoral Care,

which he had translated into English and was the fundamental book on the

duty of a bishop, which included a duty to teach laymen; and Orosius'

History of the World, which he had translated into English. Alfred's

advice to pastors was to live as they had been taught from books and to

teach this manner of life to others. To be avoided was pride, the mind's

deception of seeking glory in the name of doing good works, and the

corruption of high office. Bede was England's first scholar, first

theologian, and first historian. He wrote poetry, theological books,

homilies, and textbooks on grammar, rhetoric [public speaking and

debating], arithmetic, and astronomy. He adhered to the doctrine that

death entered the world by the sin of Adam, the first man. He began the

practice of dating years from the birth of Christ and believed that the

earth was round. Over the earth was a fiery spherical firmament. Above

this were the waters of the heavens. Above this were the upper heavens,

which contained the angels and was tempered with ice. He declared that

comets portend downfalls of kingdoms, pestilence, war, winds, or heat.

This reflected the church's view that a comet was a ball of fire flung

from the right hand of an angry God as a warning to mankind, usually for

disbelief. Storms were begun by the devil.

A famous poem, the oral legend of Beowulf, a hero who led his men into

adventures and performed great feats and fought monsters and dragons,

was put into writing with a Christian theme. In it, loyalty to one's

lord is a paramount virtue. Also available in writing was the story of

King Arthur's twelve victorious battles against the pagan Saxons,

authored by Nennius.

There were professional story tellers attached to great men. Others

wandered from court to court, receiving gifts for their story telling.

Men usually told oral legends of their own feats and those of their

ancestors after supper.

Alfred had monasteries rebuilt with learned and moral men heading them.

He built a nunnery which was headed by his daughter as prioress. He

built a strong wall with four gates around London, which he had taken

into his control. He appointed his son-in-law, who was one of his

eorldormen, to be alderman [older man] to govern London and to be the

shire's earl. A later king built a palace in London, although Winchester

was still the royal capital town. When the king traveled, he and his

retinue were fed by the local people at their expense.

After Alfred's death, his daughter Aethelflared ruled the country for

seven years. She had more fortified burhs built and led soldiers to

victories.

Under the royalty were the nobles. An earl headed each shire as

representative of the King. The term "earl" came to denote an office

instead of a nobleman. He led the array of his shire to do battle if the

shire was attacked. He executed all royal commands. An earl received

grants of land and could claim hospitality and maintenance for himself,

his officers, and his servants. He presided over the shire court. He

received one-third of the fines from the profits of justice and

collected as well a third of the revenues derived from tolls and duties

levied in the boroughs of his shire. The office tended to be hereditary.

Royal representatives called "reeves" started to assist them. The reeve

took security from every person for the maintenance of the public peace.

He also tracked cattle thieves, brought suspects to court, gave

judgments according to the doom books, and delivered offenders to

punishment.

Under the earls were the thegns. By service to the King, it was

possible for a coerl to rise to become a thegn and to be given land by

the King. Other thegns performed functions of magistrates. A thegn was

later identified as a person with five hides of land, a kitchen, a

church, a bell house, a judicial place at the burhgemote [a right of

magistracy], and an appointment in the King's hall. He was bound to

service in war by virtue of his landholding instead of by his

relationship to the king. Nobility was now a territorial attribute,

rather than one of birth. The wergeld of a thegn was 1200s. when that of

a ceorl or ordinary freeman was 200s. The wergeld of an earl or bishop

was four times that of a thegn: 5800s. The wergeld of a king or

archbishop was six times that of a thegn: 7200s. The higher a man's

wergeld, the higher was his legal status in the scale of punishment,

giving credible evidence, and participation in legal proceedings. The

sokemen were freemen who had inherited their own land, chose their own

lord, and attended and were subject to their lord's court. That is,

their lord has soke [soc] jurisdiction over them. A ceorl typically had

a single hide of land. A smallholder rented land of about 30 acres from

a landlord, which he paid by doing work on the lord's demesne [household

or messuage] land, paying money rent, or paying a food rent such as in

eggs or chickens. Smallholders made up about two fifths of the

population. A cottager had one to five acres of land and depended on

others for his living. Among these were shepherds, ploughmen,

swineherds, and blacksmiths. They also participated in the agricultural

work, especially at harvest time.

It was possible for a thegn to become an earl, probably by the

possession of forty hides. He might even acquire enough land to qualify

him for the witan. Women could be present at the witanagemot and

shiregemote [meeting of the people of the shire]. They could sue and be

sued in the courts. They could independently inherit, possess, and

dispose of property. A wife's inheritance was her own and under no

control of her husband.

Marriage required the consent of the lady and her friends. The man also

had to arrange for the foster lean, that is, remuneration for rearing

and support of expected children. He also declared the amount of money

or land he would give the lady for her consent, that is, the morgengift,

and what he would bequeath her in case of his death. It was given to her

on the morning after the wedding night. The family of the bride was paid

a "mund" for transferring the rightful protection they possessed over

her to the family of the husband. If the husband died and his kindred

did not accept the terms sanctioned by law, her kindred could repurchase

the rightful protection. If she remarried within a year of his death,

she had to forfeit the morgengift and his nearest kin received the lands

and possessions she had. The word for man was "waepnedmenn" or weaponed

person. A woman was "wifmenn" or wife person, with "wif" being derived

from the word for weaving.

Great men and monasteries had millers, smiths, carpenters, architects,

agriculturists, fishermen, weavers, embroiders, dyers, and illuminators.

For entertainment, minstrels sang ballads about heroes or Bible

stories, harpers played, jesters joked, and tumblers threw and caught

balls and knives. There was gambling, dice games, and chasing deer with

hounds.

Fraternal guilds were established for mutual advantage and protection.

A guild imposed fines for any injury of one member by another member. It

assisted in paying any murder fine imposed on a member. It avenged the

murder of a member and abided by the consequences. It buried its members

and purchased masses for his soul.

Mercantile guilds in seaports carried out commercial speculations not

possible by the capital of only one person.

There were some ale houses, probably part of certain dwellings.

The danegeld tax of 1s. and later 2s. upon every hide of land came to

be imposed for maintaining forces sufficient to clear the British seas

of Danish pirates or to buy off the ravages of Danish invaders.

- The Law -

Alfred issued a set of laws to cover the whole country, which were

drawn from the best laws of each region. There was no real distinction

between the concepts of law, morals, and religion.

The importance of telling the truth and keeping one's word are

expressed by this law: "1. At the first we teach that it is most needful

that every man warily keep his oath and his wed. If any one be

constrained to either of these wrongfully, either to treason against his

lord, or to any unlawful aid; then it is juster to belie than to

fulfill. But if he pledge himself to that which is lawful to fulfill,

and in that belie himself, let him submissively deliver up his weapon

and his goods to the keeping of his friends, and be in prison forty days

in a King's tun: let him there suffer whatever the bishop may prescribe

to him..." Let his kinsmen feed him, if he has no food. If he escapes,

let him be held a fugitive and be excommunicate of the church.

The word of a bishop and of the king were incontrovertible without an

oath.

The Ten Commandments were written down as this law:

"The Lord spake these words to Moses, and thus said: I am the Lord thy

God. I led thee out of the land of the Egyptians, and of their bondage.

1. Love thou not other strange gods above me.

2. Utter thou not my name idly, for thou shalt not be guiltless towards

me if thou utter my name idly.

3. Remember that thou hallow the rest day. Work for yourselves six

days, and on the seventh rest. For in six days, Christ wrought the

heavens and the earth, the seas, and all creatures that are in them, and

rested on the seventh day: and therefore the Lord hallowed it.

4. Honor thy father and thy mother whom the Lord hath given thee,that

thou mayst be the longer living on earth.

5. Slay thou not.

6. Commit thou not adultery.

7. Steal thou not.

8. Say thou not false witness.

9. Covet thou not thy neighbor's goods unjustly.

10. Make thou not to thyself golden or silver gods."

If any one fights in the king's hall, or draws his weapon, and he be

taken; be it in the king's doom, either death, or life, as he may be

willing to grant him. If he escape, and be taken again, let him pay for

himself according to his wergeld, and make bot for the offense, as well

wer as wite, according as he may have wrought.

If a man fights before a king's ealdorman in the gemot, let him make

bot with wer and wite as it may be right; and before this 120s. to the

ealdorman as wite. If he disturbs the folkmote by drawing his weapon,

120s. to the ealdorman as wite. If any of this happens before a king's

ealdorman's junior, or a king's priest, 30s. as wite.

If any one fights in a ceorlish man's dwelling, let him make bot of 6s.

to the ceorl. If he draws his weapon but doesn't fight, let it be half

of that. If, however, either of these happens to a man with a wergeld of

600s., let it increase threefold of the ceorlish bot; and if to a man

with a wergeld of 1200s., let it increase twofold of the bot of the man

with a wergeld of 600s. Breach of the king's dwelling [breaking and

entering] shall be 120s.; an archbishop's, 90s.; any other bishop's, and

an ealdorman's, 60s.;. a 1200s. wergeld man's, 30s.; a 600s. wergeld

man's, 15s.; and a ceorl's 5s.

If any one plot against the king's life, of himself, or by harboring of

exiles, or of his men; let him be liable with his life and in all that

he has; or let him prove himself according to his lord's wer.

If any one with a band or gang of men slays an unoffending man, let him

who acknowledges the deathblow pay wer and wite. If the slain man had a

wergeld of 200s, let every one who was of the gang pay 30s. as gangbot.

If he had a wergeld of 600s., let every one pay 60s. as gangbot. If he

had a wergeld of 1200s., let every one pay 120s. If a gang does this,

and afterwards denies it on oath, let them all be accused, and let them

then all pay the wer in common; and all, one wite, such as shall belong

to the wer.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 2 / 67 段