Chapter 2

The Times: 600-900

The country was inhabited by Anglo-Saxons. The French called it

"Angleterre", which means the angle or end of the earth. It was called

"Angle land", which later became "England".

A community was usually an extended family. Its members lived a

village in which a stone church was the most prominent building. They

lived in one-room huts with walls and roofs made of wood, mud, and

straw. Hangings covered the cracks in the walls to keep the wind out.

Smoke from a fire in the middle of the room filtered out of cracks in

the roof. Grain was ground at home by rotating by hand one stone disk

on another stone disk. Some villages had a mill powered by the flow of

water or by horses. All freeholders had the duty of watch [at night]

and ward [during the day], of following the hue and cry to chase an

offender, and of taking the oath of peace. These three duties were

constant until 1195.

Farmland surrounded the villages and was farmed by the

community as a whole under the direction of a lord. There was silver,

copper, iron, tin, gold, and various types of stones from remote lead

mines and quarries in the nation. Silver pennies replaced the smaller

scaetts. Freemen paid "scot" and bore "lot" according to their means

for local purposes.

Offa, the strongest of the Saxon kings, minted high-quality

silver pennies. He traded woolen coats for lava grindstones with

Emperor Charlemagne, who used a silver denarius coin. There were 12

denarii to the solidus and 20 soldi to the pound of silver. These

denominations were taken by England as 12 pennies to the shilling and

20 shillings to the pound. The pound sign, an "L" with a hash mark

derived from the word Libra, which meant weighing scales.

Everyone in the village went to church on Sunday and brought

gifts such as grain to the priest. Later, contributions in the form of

money became customary, and then expected. These "tithes" were spent

for church repair, the clergy, and poor and needy laborers. The church

fixed the amount to be one-tenth, but local custom determined the

amount. There was also church-scot: a payment to the clergy in lieu of

the first fruits of the land. There were also offerings, originally

voluntary but afterwards compulsory, for sacraments. The priest was the

chaplain of a landlord and his parish was coextensive with that

landlord's holding and could include one to several villages. The

priest and other men who helped him, lived in the church building. Some

churches had lead roofs and iron hinges, latches, and locks on their

doors. The land underneath had been given to the church by former kings

and persons who wanted the church to say prayers to help their souls go

from purgatory to heaven and who also selected the first priest. The

priest conducted Christianized Easter ceremonies in the spring and

(Christ's mass) ceremonies in winter in place of the pagan Yuletide

festivities. Burning incense took the place of pagan burnt animal

offerings, which were accompanied by incense to disguise the odor of

burning flesh. Holy water replaced haunted wells and streams. Christian

incantations replaced sorcerer's spells. Nuns assisted priests in

celebrating mass and administering the sacraments. They alone

consecrated new nuns. Vestry meetings were community meetings held for

church purposes. The people said their prayers in English, and the

priest conducted the services in English. A person joined his hands in

prayer as if to offer them for binding together in submission.

The church baptized babies and officiated or gave blessings at

marriage ceremonies. It also said prayers for the dying, gave them

funerals, and buried them. There were burial service fees, candle dues,

and plough alms. A piece of stone with the dead person's name marked

his grave. It was thought that putting the name on the grave would

assist identification of that person for being taken to heaven. The

church heard the last wish or will of the person dying concerning who

he wanted to have his property. The church taught that it was not

necessary to bury possessions with the deceased. The church taught boys

and girls.

Every man carried a horn slung on his shoulder as he went about

his work so that he could at once send out a warning to his fellow

villagers or call them in chasing a thief or other offender. The

forests were full of outlaws, so strangers who did not blow a horn to

announce themselves were presumed to be fugitive offenders who could be

shot on sight with impunity. An eorl could call upon the ceorl farmers

for about forty days to fight off an invading group.

There were several kingdoms, whose boundaries kept changing due

to warfare, which was a sin according to the church. They were each

governed by a king and witan of wise men who met at a witanegemot,

which was usually held three times a year, mostly on great church

festivals and at the end of the harvest. The king and witan chose the

witan's members of bishops, eorldormen, and thegns [landholding

farmers]. The king and hereditary claims played a major part in the

selection of the eorldormen, who were the highest military leaders and

often of the royal family. They were also chief magistrates of large

jurisdictional areas of land. The witan included officers of the king's

household and perhaps other of his retinue. There was little

distinction then between his gesith, fighting men, guards, household

companions, dependents, and servants. The king was sometimes

accompanied by his wife and sons at the witanagemot. A king was

selected by the witan according to his worthiness, usually from among

the royal family, and could be deposed by it. The witan and king

decided on laws, taxes, and transfers of land. They made determinations

of war and peace and directed the army and the fleet. The king wore a

crown or royal helmet. He extended certain protections by the king's

peace. He could erect castles and bridges and could provide a special

protection to strangers.

A king had not only a wergeld to be paid to his family if he

were killed, but a "cynebot" of equal amount that would be paid to his

kingdom's people. A king's household had a chamberlain for the royal

bedchamber, a marshall to oversee the horses and military equipment, a

steward as head of household, and a cupbearer. The king had income from

fines for breach of his peace; fines and forfeitures from courts

dealing with criminal and civil cases; salvage from ship wrecks;

treasure trove [assets hidden or buried in times of war]; treasures of

the earth such as gold and silver; mines; saltworks; tolls and other

dues of markets, ports, and the routes by land and by river generally;

heriot from heirs of his special dependents for possession of land

(usually in kind, principally in horses and weapons). He also had

rights of purveyance [hospitality and maintenance when traveling]. The

king had private lands, which he could dispose of by his will. He also

had crown lands, which belonged to his office and could not be

alienated without consent of the witan. Crown lands often included

palaces and their appendant farms, and burhs. It was a queen's duty to

run the royal estate. Also, a queen could possess, manage, and dispose

of lands in her name. Violent queens waged wars. Kingdoms were often

allied by marriage between their royal families. There were also royal

marriages to royalty on the continent.

The houses of the wealthy had ornamented silk hangings on the

walls. Some had fine white ox horn shaved so thin they were transparent

for windows. Brightly colored drapery, often purple, and fly nets

surrounded their beds, which were covered with the fur of animals. They

slept in bed clothes on pillows stuffed with straw. Tables plated with

silver and gems held silver candlesticks, gold and silver goblets and

cups, and lamps of gold, silver, or glass. They used silver mirrors and

silver writing pens. There were covered seats, benches, and footstools

with the head and feet of animals at their extremities. They ate from a

table covered with a cloth. Servants brought in food on spits, from

which they ate. Food was boiled, broiled, or baked. The wealthy ate

wheat bread and others ate barley bread. Ale made from barley was

passed around in a cup. Mead made from honey was also drunk.

Men wore long-sleeved wool and linen garments reaching almost

to the knee, around which they wore a belt tied in a knot. Men often

wore a gold ring on the fourth finger of the right hand. Leather shoes

were fastened with leather thongs around the ankle. Their hair was

parted in the middle and combed down each side in waving ringlets. The

beard was parted in the middle of the chin, so that it ended in two

points. The clergy did not wear beards. Great men wore gold-embroidered

clothes, gilt buckles and brooches, and drank from drinking horns

mounted in silver gilt or in gold. Well- to-do women wore brightly

colored robes with waist bands, headbands, necklaces, gem bracelets,

and rings. Their long hair was in ringlets and they put rouge on their

cheeks. They had beads, pins, needles, tweezers of bronze, and

workboxes of bronze, some highly ornamented. They were often doing

needlework. Silk was affordable only by the wealthy.

Most families kept a pig and pork was the primary meat. There

were also sheep, goats, cows, deer, hare, and fowl. Fowl was obtained

by fowlers who trapped them. The inland waters yielded eels, salmon,

and trout. In the fall, meat was salted to preserve it for winter

meals. There were orchards growing figs, nuts, grapes, almonds, pears,

and apples. Also produced were beans, lentils, onions, eggs, cheese,

and butter. Pepper and cinnamon were imported.

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, so the witan

imposed a danegeld tax on land that was assessed on everyone every ten

to twenty years for maintaining forces sufficient to clear the British

seas of Danish pirates or to buy off the ravages of the Danish It was

1s. and later 2s. upon every hide of land, where 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.

Burhs grew into towns and some towns into boroughs by obtaining

a charter from the king. Their citizens were landholding freemen

called."burgesses". A borough typically was a place of refuge with

earth works, and perhaps a garrrison; it had a market place in which

men could buy cattle and other goods and have the sale attested by

official witnesses and toll was taken from them; and it had a meeting

place at which a court was held.

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 collected 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 sake [sac] and soke [soc] jurisdiction over them - the

right to hold a court and to receive the profits of jurisdiction. 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 [land held by the one lowest in the scale of holding who

has a general right of doing with it what he pleases] 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.

It was usual for a dying man to confess his sins to a priest.

For the sake of his soul, the priest often suggested the man give some

of his chattel to the church, the poor, or other pious uses. By the

700s, the words of a dying man giving chattel for the sake of his soul

were expected to be carried out. Later is the "post obit gift" by which

a man gives land to the church, with the king's consent, but enjoys the

land during his lifetime by stating in writing "I give certain land

after my death" in a special "book". The church takes possession of the

land after his death. He may make a conditional such gift, leaving the

land to his wife for her life with a rent paid to the church and the

church taking possession of the land on her death. These two procedures

coalesce into one written will used in the 800s, 900s, and 1000s. This

will also includes distributions to family and kinsmen and perhaps to

creditors. If the will is made by the very great people: kings, queens,

king's sons, bishops, earldormen, and king's thegns, it requires the

king's consent, which may be bought by a large heriot. And a bishop

usually sets his cross to the will, denouncing any who infringe it to

the torments of hell. The dead man's parish church is paid a mortuary

when he is buried.

The Law

The special authority of the king and his peace gradually

superseded the customary jurisdiction of the local courts as to

preservation of the peace and punishment of offenses. All criminal

offenses became breaches of the king's peace and were deemed acts of

personal disobedience and made an offender the king's enemy. This

notion developed from the special sanctity of the king's house and his

special protection of his attendants and servants. An offender made

fines to the king for breach of his peace and fines and forfeitures to

him from court decisions in criminal and civil cases. Offenses

especially dealt with in various parts of the Anglo-Saxon laws were

treason, homicide, wounding, assault, and theft. Treason to one's lord,

especially to the king, was punishable by death. Compassing or

imagining the king's death was treason.

King Alfred collected regulations from various church synods and

commanded that many of them which English forefathers had observed to

be written out - those which appealed to him; and many of those that

did not appeal to him he rejected, with the consent of his Witan or

commanded them to be observed in a different way. "These are the

regulations which the Almighty God himself spoke to Moses and ordered

him to observe and subsequently the only-born son of the Lord, our God,

that is the Savior Christ confirmed ...":

1. Do not love other strange gods before me.

2. Do not speak My name idly, for you will not be guiltless with Me if

you idly speak My name.

3. Remember to hallow the rest-day. Work for yourselves six days, and

on the seventh day rest yourselves. For in six days, God the Father

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

them, and rested himself on the seventh day, and therefore God has

sanctified it.

4. Honour your father and your mother that God gave you so that you may

be the longer living on earth.

5. Do not kill.

6. Do not lie in sexual union secretly.

7. Do not steal.

8. Do not speak false evidence.

9. Do not wish for your neighbour's property unrightfully.

10. Do not make yourselves golden or silver gods.

11. If anyone buy a Christian slave, let him serve for six years and on

the seventh let him be free without payment. With such clothes as he

entered into service, let him leave with. If he has a wife of his own

providing, let her leave with him. If the master provided him with a

wife, both she and her children shall belong to the master. If the

slave then says `I do not want to leave my master or my wife or my

child or my property', let his master bring him to the door of the

Temple and perforate his ear with an awl as a sign that he shall ever

afterwards be a slave.

12. Though someone sell his daughter into slavery do not let her be a

slave entirely as are other maid servants. He has not the right to sell

her abroad among foreign people. But if he who bought her does not care

for her, let her be free among a foreign people. But if he i.e. the

purchaser allows his son to cohabit with her, give her the morning gift

and ensure that she has clothing and that she has the value of her

maidenhood, that is the dowry - let him give her that. If he does none

of those things for her, then she shall be free.

13. The person who slays another deliberately shall suffer death. He

that has killed another in self defense or involuntarily or

unintentionally, as God delivered him i.e. the victim into his hands

and providing he i.e. the killer did not set a trap for him - in that

case let him be worthy of his life, and of settling by customary

compensation, if he should seek asylum. If however anyone deliberately

and intentionally kills his neighbour treacherously, pluck him from my

altar so that he should suffer death.

14. He that attacks his father or his mother shall suffer death.

15. He that abducts a freeman and sell him, and it is proved so that he

cannot absolve himself, let him suffer death. He that curses his father

or his mother, let him suffer death.

16. If someone attacks his neighbour with a stone or with his fist, but

he i.e. the victim can still get about with the aid of a staff, let him

i.e. the aggressor provide him with a doctor and do his i.e. the

victim's work for him for as long as he i.e. the victim cannot himself.

17. He that attacks his own non-free servant or his maidservant, and

they are not dead as a result of the attack but live two or three days,

he i.e. the aggressor shall not be so entirely guilty, because it was

his own property he damaged. But if the slave be dead the same day,

then the guilt rests on him i.e. the aggressor.

18. If anyone in the course of a dispute injure a pregnant woman, let

him make compensation for the hurt as judges decide in his case. If she

be dead, let him give life for life.

19. If anyone put out another's eye, let him give his own for it. Tooth

for tooth. Hand for hand. Foot for foot. Burn for burn. Wound for

wound. Bruise for bruise.

20. If anyone strike the eye of his slave or maidservant out and so

makes them one-eyed, let him free them for that. If he strike out a

tooth, let him do the same.

21. If an ox gore a man or woman so that they are dead, it it be stoned

to death and do not let the flesh be eaten. The owner shall not be

liable if the ox was butting two days before that or even three and the

owner did not know of it. But if he knew of it and would not shut it

i.e. the animal in, and then it killed a man or woman, let it be stoned

to death and let the master be killed or made to pay as the Witan

consider proper. If it gore a son or daughter, let the same penalty

apply. But if it gore a slave or serving-woman, let the owner give 30

shillings of silver and let the ox be stoned to death.

22. If anyone dig a well or open up a closed one and does not close it

up again, let him pay for whatever cattle fall in; but let him have the

dead animal for his own use.

23. If an ox wound another man's ox so it is dead, let them sell the

live ox and share the proceeds, and also the flesh of the dead ox. But

if the owner knew the ox was butting and would not restrain it, let him

hand over the other i.e. live ox for it but let him have all the flesh

of the dead ox for his own use.

24. If anyone steal another man's ox and kill or sell it, let him give

two oxen in restitution. And four sheep for one stolen. If he i.e. the

thief does not have anything to give in restitution, let him be sold

himself to raise the money.

25. If a thief break into a man's house by night and is killed there,

he i.e. the house-owner shall not be guilty of manslaughter. But if he

i.e. the house-owner does this after sunrise, he is guilty of

manslaughter, and shall himself perish, unless he acted in

self-defence. If there is found in the possession of the living thief

things he had already stolen, let him make restitution for it two-fold.

26. If anyone damage another man's vineyard or his crops or any part of

his estate, let him pay compensation according to how it is assessed.

27. If a fire is lit in order to burn rubbish, let him who started the

fire pay compensation for any consequent damage.

28. If anyone entrusts any possession to his friend and the friend

appropriates it for himself, let him i.e. the friend clear himself and

prove that he committed no fraud in the matter. If it was livestock,

and he says that raiders took it, or it perished of itself, and if he

has proof, he need not pay up. But if he has no proof, and the original

owner does not believe him, let him make an oath to clear himself.

29. If anyone seduce an uncommitted woman and sleeps with her, let him

pay for her and take her then as his wife. But if the woman's father is

unwilling to let her go, then let the seducer hand over money in

proportion to her dowry.

30. The women who are accustomed to harbour enchanters and wizards and

witches - do not allow them to live.

31. And he that has intercourse with animals shall suffer death.

32. And he that sacrifices to idols, rather than to God alone, let him

suffer death.

33. Do not harass visitors from abroad and foreigners, for you were

formerly strangers on the land of the Egyptians.

34. Do not harm widows and step-children, neither do them any injury.

If you do otherwise, they will call upon Me and I will listen to them,

and then I will slay you with my sword and I will ensure that your

wives shall be widows and your children orphans.

35. If you hand over money as a loan to your comrade who wishes to live

with you, do not coerce him like an underling and do not oppress him

with the interest.

36. If someone has only a single garment to cover and clothe himself

with and he hands it over as a pledge, let it be returned before the

sun sets. If you do not do so then he will call unto Me, and I will

listen to him because I am very clement.

37. Do not reproach you Lord, nor curse the lord of the people.

38. Your tithe i.e. tenth-part of profit and your first-fruits of

moving animals and growing crops, offer to God.

39. All the flesh that wild animals leave, do not eat it but give it to

the dogs.

40. Do not bother to give credence to the word of a false man, and do

not approve his opinions; do not repeat any of his assertions.

41. Do not join in the false judgment and evil aspirations of the many

nor join in their rumours and outcry, against your own conscience, at

the incitement of some ignorant person. Do not support them.

42. If the stray cattle of another man come into your possession,

though it be the property of your enemy, let him know about it.

43. Judge equably, do not lay down one rule for the rich, another for

the poor; do not decide one way for a friend, another for a foe.

44. Always shun falsehood.

45. Never slay a righteous and innocent man.

46. Never accept bribes, for they very often blind the minds of wise

men and pervert their words.

47. Do not behave unkindly to foreigners and visitors from abroad; do

not harass them with unjust acts.

48. Never swear an oath by heathen gods, nor in any circumstances call

upon them.

Alfred also issued a set of laws to cover the whole country

that he derived from laws of various regional kings in England as

follows:

"1. First we insist that there is particular need that each person

shall keep his oath and his pledge carefully. If anyone be compelled to

give either of these wrongly, either to support treachery to his lord

or to provide any unlawful aid, then it is better to forswear than to

fulfil. But if he pledge himself to that which it is right for him to

fulfil and fails, let him submissively hand over his weapons and his

possessions to his friends to keep, and stay forty days in prison in a

property of the king. Let him undergo there whatever the bishop

prescribes as penance, and let his kinsmen feed him if he himself has

no food. If he has no kin or has no food, let the king's officer feed

him. If one has to compel him to this i.e. to surrender, and otherwise

he is unwilling to co-operate - if they have to bind him he shall

forfeit his weapons and his possessions. If he is slain while

resisting, let him lie uncompensated. If he makes an escape before the

time is up, and he is recaptured, let him stay forty days in prison as

he would have previously. But if he gets away, let him be banished and

excommunicated from all the churches of Christ. Further, if someone has

provided surety for him, let him compensate for the breach of surety as

custom require him, and atone for the breach of pledge as his confessor

imposes in his case.

2. If anyone seek out as sanctuary for any offence any of the monastic

houses to which the king's revenue applies, or any other exempt

community that is worthy of respect he shall have a period of three

days of immunity, unless he wants to negotiate before that. If someone

harms him during that period, either by assault or by fettering him,,

or by a penetrating wound, let the aggressor pay compensation for each

of such attacks according to proper practice, both with wergeld and

with a fine, and 120 shillings to that community, as compensation for

breach of sanctuary, and let his own possessions be forfeit.

3. If anyone violate the king's surety, let him pay compensation for

the original charge as customary law direct, and for the violation of

surety with five pounds of the purer pennies. In the case of breach of

an archbishop's surety or protection, let him compensate with three

pounds. For violation of the surety or protection of another bishop or

official [earldorman], let him make compensation with two pounds.

4. If anyone plot against the king's life, either directly or by

harbouring outlaws or indirectly through the agency of his men, let him

be liable with his life and with all that he owns. If he desire to

prove himself loyal, let him do that by paying a king's wergeld.

Similar protection we ordain for all ranks, both common and noble

[earl]: whoever plots against his master's life shall be liable with

his life and with all that he owns - or let him show his loyalty by

paying his master's wergeld.

5. Also we appoint to every church that a bishop has consecrated this

right of sanctuary: that if a party to a feud run or ride to the

church, then no one may drag him forth for seven days. If however

anyone does that, then let him be liable at the rate of breach of a

king's protection and at the rate of breach of church sanctuary - more

if he take more from the site. [And the sanctuary seeker shall be safe]

if he can survive hunger, and unless he himself try to fight his way

out. If the community have greater need of their church, let them keep

him in another building, and let that not have the more doors than the

church itself; Let the church official ensure that no one give the

sanctuary-seeker food during that period. If he himself is willing to

hand over his weapons to his foes, let them keep him for 30 days and

inform his kin about him. Also it shall count as sanctuary if some man

seek out a church about any offence that had not previously been

revealed, and there confess himself in God's name - let the penalty be

half remitted. He that steal on Sunday or at Yule or at Easter or on

Holy Thursday or on the Rogation days - for each of those we intend

that there should be a double-penalty, as during Lent.

6. If anyone steal something in a church, let him pay a plain

compensation and the fine such as they consider appropriate to the

plain compensation, and let them strike the hand off with which he did

it i.e. the deed. If he wishes to redeem his hand, and they consent to

that, let him pay in proportion to his wergeld.

7. If anyone fights in the king's hall or draw his weapon, and he is

seized, let the penalty be at the king's judgement, either death or

life, as he is willing to grant him. If he escapes and is captured

later, let him pay in proportion to his wergeld, and atone for the

offence with wergeld and fine, as he may deserve by his act.

8. If anyone abducts a nun of a nunnery without the king's or the

bishop's leave, let him pay 120 shillings, half to the king, half to

the bishop and the church patron who had charge of the nun. If she

lives longer than he that abducted her, let her not have any of his

estate. If she bears a child, let that not have any more of the estate

than the mother. If anyone slay her child let him pay the king the

maternal kindred's share; to the paternal kin let him pay their share.

9. If anyone slay a woman with child, while the child still be within

her, let him pay full compensation for the woman and half compensation

for the child according to the wergeld of the father's kin. Let the

fine payable to the king always be 60 shillings, until the

corresponding simple compensation rises to 30 shillings. When the

simple compensation rises to that level, then let the fine be 120

shillings. Formerly there was a defined fine for a gold-thief, and a

horse-thief and a bee-thief and many special fines greater than others.

Now all are alike except for an illegal slayer and that is 120

shillings.

10. If a man has intercourse with the wife of a 1200 shilling wergeld

man, let him pay in compensation 120 shillings to the husband. For a

600 shilling wergeld man i.e. husband, let him pay in compensation 100

shillings. For a common man [ceorl] i.e. husband, let him make

compensation of 40 shillings.

11. If someone grabs the breast of a common woman, let him compensate

with five shillings. If he throws her to the ground but does not have

sexual intercourse with her, let him compensate with 60 shillings. If

he has sexual intercourse with her let him compensate with sixty

shillings. If some other man had previously lain with her, then let the

compensation be half that. If someone accuse her of complicity, let her

clear herself with an oath guaranteed by sixty hides of land, or

forfeit half the compensation. If this happens to a nobly born woman,

let the compensation increase in proportion to the wergeld.

12. If someone burns or cuts down another person's trees without

permission, let him pay over 5 shillings for each substantial tree, and

thereafter, no matter how many there are, five pence for each tree, and

thirty shillings as a fine.

13. In the course of their joint work felling trees, if someone is

killed by accident, let the tree involved be given to his kin, and let

them remove it off the property within 30 days; otherwise let him

possess it that owns the forest.

14. If someone is born dumb or deaf, so that he can neither deny or

confess his sins, let the father make compensation for his misdeeds.

15. If someone fights or draws his weapon in the presence of an

archbishop, let him make compensation with 150 shillings. If this

occurs before another bishop or royal official [earldorman] let him

make compensation with 100 shillings.

16. If someone steals a cow or mare and drives off a foal or calf, let

him pay over one shilling as well as paying compensation for the adult

animals according to their value.

17. If anyone entrust a child into the keeping of others, and he i.e.

the offspring die while in that guardianship, let him that did the

fostering prove his innocence of any crime if anyone accuse him of it.

18. If anyone grabs at a nun's clothing or breast with sexual intent,

unless with her consent, let him pay double the rate of compensation we

previously arranged for a lay-person. If she commit adultery and she is

a betrothed woman, if she is a commoner, let 60 shillings be paid in

compensation to the guarantor, and let that be in livestock or cattle,

but let no one give any human as part of it. If she be of 600 shilling

wergeld, let 100 shillings be paid in compensation to the guarantor. If

she be of 1200 shilling wergeld, let compensation of 120 shillings be

paid to the guarantor.

19. If anyone lends his weapon to another so that he may kill with it,

they may combine, if they are willing, in the matter of paying the

wergeld. If they are unwilling to co-operate, let him that proffered

the weapon pay a third part of the wergeld and a third part of the

fine. If he i.e. the loaner of the weapon prefer to clear himself and

assert that he knew of no evil-intent in making the loan, he may do so.

20. If someone entrust cattle to another man's monk, without the

approval of the patron if that monk, and it gets lost, let he that

originally owned it suffer the loss.

21. If a priest slay another man, let all that he i.e. the priest

brought into the monastic community be turned over to the possession of

the victim's representatives, and let the bishop unfrock him; then he

shall be removed from the monastery, unless the civil patron interceded

for him.

22. If someone wishes in the local assembly to declare a claim for debt

to the king's officer, and then wishes to cancel it, let him impute

i.e. transfer it to a truer source if he can. If he cannot, let him

forfeit the single value.

23. If a dog rends or bites someone, for the first misdeed let the

owner hand over 6 shillings, if he is still giving it food. For as

second occurrence, let him give 12 shillings, and for a third 30

shillings. If, upon any of these misdeeds, the dog escapes, nonetheless

the penalty proceeds. If the dog commit more misdeeds and he i.e. the

owner still keeps him, let him pay compensation at the level of a full

wergeld as well as wound-compensation according to what he i.e. the dog

has done.

24. If an ox wounds someone, let him i.e. the owner hand the animal

over or come forward with some solution.

25. If someone forces a commoner's slave-woman to sexual intercourse,

let him compensate the owner with 5 shillings and pay 60 shillings

fine. If a male slave compel a female slave to sexual intercourse, let

him atone with his testicles.

26. If someone force an underage woman into sexual intercourse, let the

compensation be as that of an adult person.

27. If someone without kin on his father's side gets into a fight and

kills someone, if he has maternal relatives, let them pay a third part

of the wergeld; and a third part his guild-brethren; for a third part

unpaid let him flee. If he has no maternal relatives, let the

guild-brethren pay a half; for a half unpaid let him flee.

28. If someone kill a man so circumstanced and if he has no kinfolk,

let them pay half the wergeld to the king, half to his guild-brethren.

29. If anyone in a group kills a 200 shilling wergeld man who is

guiltless, let him that acknowledges the blow pay over wergeld and

fine, and let every man who was of the party hand over 30 shillings in

token of his complicity.

30. If it is a case of a 600 shilling wergeld man, let each of them pay

60 shillings as a token of their complicity, and let him that struck

the fatal blow pay wergeld and fine.

31. If he that is killed is a 1200 shilling wergeld man, let each of

them pay 120 shillings, and let the one who struck the fatal blow pay

wergeld and fine. If a group commit this sort of killing, and later

deny responsibility on oath, let them all be accused, and let them pay

over the wergeld as a group, and together pay one fine such as

corresponds to the wergeld.

32. If someone commits slander and it is proved against him, let him

make atonement with no lighter penalty than having is tongue cut out.

It i.e. the tongue must not be redeemed for any lesser value than would

be reckoned in proportion to the wergeld.

33. If someone reproach another with breach of church-witnessed pledge

and wishes to accuse him of not fulfilling any of those pledges that he

gave him, let the accuser make his preliminary oath in four churches,

and the other i.e. the accused, if he wishes to assert his good faith -

let him do that in twelve churches.

34. Also it is laid down for traders that they should produce before

the king's officer at the local assembly those people that they are

taking inland with them, and let it be established how many of them

there are. And let them take only such men as they can afterward be

accountable for at the local assembly. An if they have need of more men

along with them on their journey, let it always be declared, as often

as is necessary, to the king's officer before the assembly.

35. If someone restrains a free man who is innocent, let him pay

compensation of ten shillings. If he flogs him, compensation of twenty

shillings. If he put him to torture compensation of thirty shillings.

If as a humiliation he shave his head like a homolan, let him pay

compensation of ten shillings. If he shaves him i.e. his head like a

priest's, without binding him let him pay compensation of thirty

shillings. If he shaves off his beard, let him pay compensation of

twenty shillings. If he ties him up and then shaves his head like a

priest's, let him pay compensation of sixty shillings.

36. It is established that if someone has a spear over his shoulder and

someone else impales himself upon it, he i.e. the spear-carrier shall

pay the wergeld without any fine. If he is impaled from in front, let

him i.e. the spear-carrier pay the wergeld. If someone accuses him i.e.

the spear-carrier of deliberately doing it, let him assert his

innocence at a rate corresponding to the fine, and by that finish with

the fine. And this applies if the point is above the rest of the shaft;

if they are both level, point and shaft, let it count as no risk.

37. If someone wants to seek a new lord, transferring from one district

to another district, let him do it with the knowledge of the chief

officer to whom he was originally responsible in his shire. If he does

it without his i.e. the officer's knowledge, let him who harbours him

as his follower pay over 120 shillings as a fine. But let him divide

it, paying the king half in the shire where the man was originally

answerable, and half in that he has moved to. If he i.e. the man who

moves had done anything wrong where he came from, let him who receives

him as his follower pay the compensation and a fine of 120 shillings to

the king.

38. If someone starts a fight in front of the king's officer at an

assembly, let him pay compensation of wergeld and a fine, as it is

customary; and as a priority a fine of 120 shillings to the officer

[earldorman] concerned. If he disturb the assembly by drawing a weapon,

let him pay 120 shillings to the officer by way of fine. If something

of this sort occurs before the king's officer's deputy or a royal

priest, let him pay 30 shillings by way of fine.

39. If someone starts a fight on the floor of a free man's house, let

him pay compensation of six shillings to the freeman. If he draws his

weapon but does not fight, let the compensation be half that. If either

of these offences takes place in the house of a 600 shilling wergeld

man, let the rate rise to triple the compensation due the freeman. In

the case of a 1200 shilling wergeld man, a rate twice that of the

compensation of the 600 shilling wergeld man.

40. For breaking into a royal residence the penalty shall be 120

shillings. Into an archbishop's, ninety shillings. Into another

bishop's or a royal officer's, 60 shillings. Into a 1200 shilling

werwgeld man's, thirty shillings. Into a 600 shilling wergeld man's

fifteen shillings. For breaking into a freeman's property the penalty

shall be five shillings. If something of this kind takes place while

the levy [fyrd] is on duty elsewhere, or during Lent, let it be a

double compensation. If someone sets aside holy custom publicly in Lent

without an exemption, let him pay a compensation of 120 shillings.

41. The man who has charter land [bocland] which his kin left him, is

not allowed, we enact, to part with it outside his kin-group, if there

is written evidence or spoken witness that it was forbidden to be done

by those people who originally acquired it or by those who passed it to

him. Let him i.e. the one who opposes the alienation process declare

any such stipulation in the presence of the king and the bishop, with

his own kin attending.

42. Also we command that the man who knows his enemy is quiescent at

home should not start a fight before he has asked him for justice. If

he has the strength to surround his enemy and besiege him, let him

contain him for 7 days within and not attack him if he i.e. the enemy

is willing to abide within. After seven days if he is willing to

surrender and hand over his weapons, let him i.e. the avenger keep him

unharmed for thirty days and inform his kinsmen and his friends about

him. But if he i.e. the enemy flee to a church, let the matter be

resolved according to the privilege of the church, as we detailed

above. But if he i.e. the avenger does not have the resources to

besiege him i.e. the enemy, let him ride to the royal officer and ask

him for help. If he i.e. the officer is unwilling to assist, let him

ride and ask the king, before he mounts an attack.

Further, if someone happen upon his enemy and did not know beforehand

that he was quiescent at home, if he i.e. the enemy is willing to hand

over his weapons, let him be held for thirty days and inform his

friends about him; if he is not willing to hand over his weapons then

he i.e. the avenger may attack him. If he i.e. the enemy is willing to

surrender and hand over his weapons and yet someone still attacks him,

let the aggressor pay over wergeld and wound compensation, according to

what he has done, and pay a fine, and lose his kin-status.

We also declare someone may fight in support of his lord without blame,

if anyone has attacked the lord; so too the lord may fight in support

of his follower. In the same way, someone may fight on behalf of his

blood relative if someone attack him wrongfully, but not take the side

of a kinsman against his lord - that we do not permit. Someone may

fight blamelessly if he discovers another with his lawful wife behind

closed doors or under the one cover, or with his legitimate daughter,

or with his legitimate sister or with his mother if she was given

lawfully to his father.

43. To all free people let these following days be granted as holidays

but not to slaves and servile workers; twelve days at Christmas and the

day that Christ overcame the Devil, and St. Gregory's commemoration

day, and seven days before Easter and seven after, and one day at the

celebration of St. Peter and St. Paul and the full week in harvest

before St. Mary's Mass, and one day for the celebration of All Hallows.

The four Wednesdays in the Ember weeks shall be granted to all slaves

to sell to anyone that pleases them to anything either that any man

will give them in God's name or what they in any spare time can manage."

44.-77. The compensations for wounds is as follows: head if both bones

of the head be pierced 30s., head if the outer bone only be pierced

15s.; an inch long wound in the area of the hair 1s., an inch long

wound in the front of the hair 2s.; striking off the other ear 30s., if

the hearing be affected so that he cannot hear 60s.; putting out an eye

60s. 6 1/3 d., if the eye stay in the head but he can see nothing with

it 1/3 of the compensation be remitted; striking off a nose 60s.;

striking a front tooth 8s., a back tooth 4s., a canine tooth 15s.;

severing cheeks 15s., breaking a chin bone 12s.; perforating a windpipe

12s.; removing a tongue the same compensatin for any eye; wounding in

the shoulder so that the muscle fluid flows out 30s.; shattering the

arm above the elbow 15s.; shattering both arm bones 30s.; striking off

the thumb 30s., if the nail is struck off 5s.; striking off the

forefinger 15s., for the nail 4s.; striking off the middle finger 12s.,

for the nail 2s.; striking off the ring finger 17s., for the nail 4s.;

striking off the little finger 9s., for the nail 1s.; wounding in the

belly 30s., if the wound go through the body 20s. for each opening;

perforating the thigh or hip 30s., if it be disabled 30s.; piercing the

leg below the knee 12s., if he is disabled below the knee 30s.;

striking off the great toe 20s., the second toe 15s., the middle toe

9s., the fourth toe 6s., the little toe 5s.; wounding in the testicles

so that he cannot bear children 80s.; cutting off the arm below the

elbow with the hand cut off 80s., wounding before the hair-line and

below the sleeve and below the knee twice the value; permanently

damaging the loins 60s., it they are stabbed 15s., if they are pierced

through 30s.; wounding in the shoulder if the victim be alive 80s.;

maiming a hand outwardly, providing it can be treated effectively 20s.,

if half the hand be lost 40s.; breaking a rib without breaking the skin

10s., if the skin be broken and the bone be extruded 15s.; cutting away

an eye hand or foot 66s.6 1/3 d.; cutting off the leg at the knee 80s.;

breaking a shoulder 20s.; hacking into a shoulder so that the bone

extrudes 15s.; severing the tendon of the foot and if it can be treated

so that will be sound again 12s., but if he is lame on account of the

wound and he cannot be cured 30s.; severing the lesser tendon 6s.;

severing the muscles up by the neck and damage them so severely that he

has no control over them and however lives on thus maimed 100s., unless

the Witan appoint him a juster and greater sum.

Judicial Procedure

Cases were held at monthly meetings of the hundred court. The

king or one of his reeves, conducted the trial by compurgation, which

was an appeal to the supernatural.

In compurgation, the one complaining, called the "plaintiff",

and the one defending, called the "defendant", each told their story

and put his hand on the Bible and swore "By God this oath is clean and

true". A slip or a stammer would mean he lost the case. Otherwise,

community members would stand up to swear on behalf of the plaintiff or

the defendant as to their reputation for veracity. The value of a man's

oath was commensurate with his value or wergeld. A man's brothers were

usually his compurgators. The number of compurgators varied according

to the nature of the case and the rank of the persons concerned. If

there were too few "compurgators", usually twelve in number, or recited

poorly, their party lost. If this process was inconclusive, the parties

could bring witnesses to declare such knowledge as they had as

neighbors. These witnesses, male and female, swore to particular points

determined by the court.

If compurgation failed, the defendant was told to go to church

and to take the sacrament only if he was innocent. If he took the

sacrament, he was tried by the process of "ordeal", which was

administered by the church. In the ordeal by cold water, he was given a

drink of holy water and then bound hand and foot and thrown into water.

If he floated, he was guilty beccause the holy water had rejected him.

If he sank, he was innocent. It was not necessary to drown to be deemed

innocent. In the ordeal by hot water, he had to pick up a stone from

inside a boiling cauldron. If his hand was healing in three days, he

was innocent. If it was festering, he was guilty. A similar ordeal was

that of hot iron, in which one had to carry in his hands a hot iron for

a certain distance. In the ordeal of the consecrated morsel, one would

swallow a morsel; if he choked on it, he was guilty. The results of the

ordeal were taken to indicate the will of God.

An archbishop's or bishop's oath was incontrovertible. If they

were accused, they could clear themselves with an oath that they were

guiltless. Lesser ranks could clear themselves with the oaths of at

least three compurgators of their rank or, for more serious offenses,

undergo the ordeal.

The shire and hundred courts were held for free tenants of a

lord and the judges were the tenants themselves. The feudal courts were

held for unfree tenants and the lord or his steward was the judge.

The earl presided over the shire court. He received one-third

of the profits of justice. The judges were the owners of certain pieces

of land. The shire court was held twice a year. There was little

distinction between secular and spiritual jurisdiction. A bishop sat

on the shire court. The shire court fulfilled all three functions of

government: judicial, legislative, and executive.

The courts had no efficient mode of compelling attendance or

enforcing their orders, except by outlawing the offender, that is,

putting him outside the protection of the law, so that anyone might

kill him with impunity. In grave cases, a special expedition could be

called against an offender.

The individual wronged had his choice of payment in money or engaging

in a blood feud. The sums of money of the system of bot, wer, and wite

were enormous, and often could not be paid. Then a man could be

declared outlaw or sold as a slave. If a person was outlawed, he also

forfeited all his goods to the king.

Cases of general importance concerned mayslaying, wounding, and

cattle-stealing.

A person convicted of murder, i.e. killing by stealth or

robbery [taking from a person's robe, that is, his person or breaking

into his home to steal] could be hung and his possessions confiscated.

A man had a self-help right to arrest a thief hand-habbende [a thief

found with the stolen goods in his hands] and a thief back-berend [a

thief found with the stolen goods on his back or about his person].

Any inanimate or animate object or personal chattel which was

found by a court to be the immediate cause of death was forfeited as

"deodand", for instance, a tree from which a man fell to his death, a

beast which killed a man, a sword of a third party not the slayer that

was used to kill a man. The deodand was to go to the dead man's kin so

they could wreak their vengeance on it, which in turn would cause the

dead man to lie in peace.

This is a lawsuit regarding rights to feed pigs in a certain

woodland: "In the year 825 which had passed since the birth of Christ,

and in the course of the second Indiction, and during the reign of

Beornwulf, King of Mercia, a council meeting was held in the famous

place called Clofesho, and there the said King Beornwulf and his

bishops and his earls and all the councilors of this nation were

assembled. Then there was a very noteworthy suit about wood pasture at

Sinton, towards the west in Scirhylte. The reeves in charge of the

pigherds wished to extend the pasture farther, and take in more of the

wood than the ancient rights permitted. Then the bishop and the

advisors of the community said that they would not admit liability for

more than had been appointed in AEthelbald's day, namely mast for 300

swine, and that the bishop and the community should have two thirds of

the wood and of the mast. The Archbishop Wulfred and all the councilors

determined that the bishop and the community might declare on oath that

it was so appointed in AEthelbald's time and that they were not trying

to obtain more, and the bishop immediately gave security to Earl

Eadwulf to furnish the oath before all the councilors, and it was

produced in 30 days at the bishop's see at Worcester. At that time Hama

was the reeve in charge of the pigherds at Sinton, and he rode until he

reached Worcester, and watched and observed the oath, as Earl Eadwulf

bade him, but did not challenge it. Here are the names and designations

of those who were assembled at the council meeting ..."

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 · 第 2 / 23 章