Chapter 3

The Times: 900-1066

There were many large landholders such as the King, earls, and

bishops. Earls were noblemen by birth, and often relatives of the King.

They were his army commanders and the highest civil officials, each

responsible for a shire. A breach of the public peace of an earl would

occasion a fine. Lower in social status were freemen: sokemen, and

then, in decreasing order, villani [villeins], bordarii, and cottarii.

The servi were the slaves. Probably all who were not slaves were

freemen.

Kings typically granted land in exchange for services of

military duties, maintaining fortresses, and repairing bridges. Less

common services required by landlords include equipping a guard ship

and guarding the coast, guarding the lord, military watch, maintaining

the deer fence at the King's residence, alms giving, and church dues.

Since this land was granted in return for service, there were

limitations on its heritability and often an heir had to pay a heriot

to the landlord to obtain the land. A heriot was originally the weapons

and armor of a man killed, which went to the King. The heriot of a

thegn who had soken [or jurisdiction over their own lands] came to be

about 80s.; of a kings' thegn about four lances, two coats of mail, two

swords, and 125s.; of an earl about eight horses, four saddled and four

unsaddled, eight lances, four coats of mail, four swords, and 500s.

There were several thousand thegns, rich and poor, who held

land directly of the King. Some thegns had soken and others did not.

Free farmers who had sought protection from thegns in time of war now

took them as their lords. A freeman could chose his lord, following him

in war and working his land in peace. All able-bodied freemen were

liable to military service in the fyrd [national militia], but not in a

lord's private wars. In return, the lord would protect him against

encroaching neighbors, back him in the courts of law, and feed him in

times of famine. But often, lords raided each other's farmers, who fled

into the hills or woods for safety. Often a lord's fighting men stayed

with him at his large house, but later were given land with inhabitants

on it, who became his tenants. The lords were the ruling class and the

greatest of them sat in the King's council along with bishops, abbots,

and officers of the King's household. The lesser lords were local

magnates, who officiated at the shire and hundred courts.

Staghunting, foxhunting, and hawking were reserved for lords

who did not work with their hands. Every free born person had the right

to hunt other game.

There was a great expansion of arable land. Some land had been

specifically allocated to certain individuals. Some was common land,

held by communities. If a family came to pay the dues and fines on

certain common land, it could become personal to that family and was

then known as heirland. Most land came to be privately held from

community-witnessed allotments or inheritance. Bookland was those

holdings written down in books. This land was usually land that had

been given to the church or monasteries because church clerics could

write. So many thegns gave land to the church, usually a hide, that the

church held 1/3 of the land of the realm. Folkland was that land that

was left over after allotments had been made to the freemen and which

was not common land. It was public land and a national asset and could

be converted to heirland or bookland only by action of the king and

witan. It could also be rented by services to the state via charter. A

holder of folkland might express a wish, e.g. by testamentary action,

for a certain disposition of it, such as an estate for life or lives

for a certain individual. But a distinct act by the king and witan was

necessary for this wish to take effect. Small private transactions of

land could be done by "livery of seisin" in the presence of neighbors.

"Seisin" is rightful possession. A man in possession of land is

presumed to have "seisin", unless and until someone else can establish

a better title by legal process. All estates in land could be let,

lent, or leased by its holders, and was then known as "loenland".

Ploughs and wagons could be drawn by four or more oxen or

horses in sets of two behind each other. Oxenshoes and horseshoes

prevented lameness due to cracked hooves. Horse collars especially

fitted for horses, replaced oxen yoke that had been used on horses. The

horse collar did not restrict breathing and enabled horses to use the

same strength of oxen. Also, horses had better endurance and faster

speed.

A free holder's house was wood, perhaps with a stone

foundation, and roofed with thatch or tiles. There was a main room or

hall, with bed chambers around it. Beyond was the kitchen, perhaps

outside under a lean-to. These buildings were surrounded by a bank or

stiff hedge.

Simple people lived in huts made from wood and mud, with one

door and no windows. They slept around a wood-burning fire in the

middle of the earthen floor. They wore shapeless clothes of goat hair

and unprocessed wool from their sheep. They ate rough brown bread,

vegetable and grain broth, ale from barley, bacon, beans, milk,

cabbage, onion, apples, plums, cherries, and honey for sweetening or

mead. Vegetables grown in the country included onions, leeks, celery,

lettuce, radish, carrots, garlic, shallots, parsnip, dill, chervil,

marigold, coriander, and poppy. In the summer, they ate boiled or raw

veal and wild fowl such as ducks, geese, or pigeons, and game snared in

the forest. Poultry was a luxury food, but recognized as therapeutic

for invalids, especially in broth form [chicken soup]. Venison was

highly prized. There were still some wild boar, which were hunted with

long spears, a greyhound dog, and hunting horns. They sometimes mated

with the domestic pigs which roamed the woodlands. In September, the

old and infirm pigs were slaughtered and their sides of bacon smoked in

the rafters for about a month. Their intestines provided skin for

sausages. In the fall, cattle were slaughtered and salted for food

during the winter because there was no more pasture for them. However,

some cows and breed animals were kept through the winter.

For their meals, people used wooden platters, sometimes

earthenware plates, drinking horns, drinking cups from ash or alderwood

turned on a foot-peddled pole lathe, and bottles made of leather. Their

bowls, pans, and pitchers were made by the potter's wheel. Water could

be boiled in pots made of iron, brass, lead, or clay. Water could be

carried in leather bags because leather working preservative techniques

improved so that tanning prevented stretching or decaying. At the back

of each hut was a hole in the ground used as a latrine, which flies

frequented. Moss was used for toilet paper. Parasitical worms in the

stool were ubiquitous.

Most of the simple people lived in villages of about 20 homes

circling a village green or lining a single winding lane. There were

only first names, and these were usually passed down family lines. To

grind their grain, the villagers used hand mills with crank and gear,

or a communal mill, usually built of oak, driven by power transmitted

through a solid oak shaft, banded with iron as reinforcement, to

internal gear wheels of elm. Almost every village had a watermill. It

might be run by water shooting over or flowing under the wheel.

Clothing for men and women was made from coarse wool, silk, and

linen and was usually brown in color. Only the wealthy could afford to

wear linen or silk. Men also wore leather clothing, such as neckpieces,

breeches, ankle leathers, shoes, and boots. Boots were worn when

fighting. They carried knives or axes under metal belts. They could

carry items by tying leather pouches onto their belts with their

drawstrings. They wore leather gloves for warmth and for heavy working

with their hands.

People were as tall, strong and healthy as in the late 1900s,

not having yet endured the later malnourishment and overcrowding that

was its worst in the 1700s and 1800s. Their teeth were very healthy.

Most adults died in their 40s, after becoming arthritic from hard

labor. People in their 50s were deemed venerable. Boys of twelve were

considered old enough to swear an oath of allegiance to the king. Girls

married in their early teens, often to men significantly older.

The lands of the large landholding lords were administered by

freemen. They had wheat, barley, oats, and rye fields, orchards,

vineyards for wine, and beekeeping areas for honey. On this land lived

not only farm laborers, cattle herders, shepherds, goatherds, and

pigherds, but craftsmen such as goldsmiths, hawkkeepers, dogkeepers,

horsekeepers, huntsmen, foresters, builders, weaponsmiths, embroiders,

bronze smiths, blacksmiths, watermill wrights, wheelwrights, wagon

wrights, iron nail makers, potters, soap makers (made from wood ashes

reacting chemically with fats or oils), tailors, shoemakers, salters

(made salt at the "wyches", which later became towns ending with

'-wich'), bakers, cooks, and gardeners. Most men did carpentry work.

Master carpenters worked with ax, hammer, and saw to make houses,

doors, bridges, milk buckets, washtubs, and trunks. Blacksmiths made

gates, huge door hinges, locks, latches, bolts, and horseshoes. The

lord loaned these people land on which to live for their life, called a

"life estate", in return for their services. The loan could continue to

their widows or children who took up the craft. Mills were usually

powered by water. Candles were made from beeswax, which exuded a bright

and steady light and pleasant smell, or from mutton fat, which had an

unpleasant odor. The wheeled plough and iron-bladed plough made the

furrows. One man held the plough and another walked with the oxen,

coaxing them forward with a stick and shouts. Seeds were held in an

apron for seeding. Farm implements included spades, shovels, rakes,

hoes, buckets, barrels, flails, and sieves. Plants were pruned to

direct their growth and to increase their yield. Everyone got together

for feasts at key stages of the farming, such as the harvest. Easter

was the biggest feast. When the lord was in the field, his lady held

their estate. There were common lands of these estates as well as of

communities. Any proposed new settler had to be admitted at the court

of this estate.

The land of some lords included fishing villages along the

coasts. From the sea were caught herrings, salmon, porpoises, sturgeon,

oysters, crabs, mussels, cockles, winkles, plaice, flounder, and

lobsters. Sometimes whales were driven into an inlet by many boats.

River fish included eels, pike, minnows, burbot, trout, and lampreys.

They were caught by brushwood weirs, net, bait, hooks, and baskets.

Oysters were so numerous that they were eaten by the poor. The king's

peace extended over the waterways. If mills, fisheries, weirs, or other

structures were set up to block them, they were to be destroyed and a

penalty paid to the king.

Other lords had land with iron mining industries. Ore was dug

from the ground and combined with wood charcoal in a shaft furnace to

be smelted into liquid form. Wood charcoal was derived from controlled

charring of the wood at high temperatures without using oxygen. This

burned impurities from it and left a purer carbon, which burned better

than wood. The pure iron was extracted from this liquid and formed into

bars. To keep the fire hot, the furnaces were frequently placed at

windswept crossings of valleys or on the tops of hills.

Some lords had markets on their land, for which they charged a

toll for participation. There were about fifty markets in the nation.

Cattle and slaves (from the word "slav") were the usual medium of

exchange. An ox was still worth about 30d. Shaking hands was symbolic

of an agreement for a sale, which had to be carried out in front of

witnesses at the market for any property worth over 20d. The higher the

value of the property, the more witnesses were required. Witnesses were

also required for the exchange of property and to vouch for cattle

having being born on the property of a person claiming them. People

traveled to markets on deep, sunken roads and narrow bridges kept in

repair by certain men who did this work as their service to the King.

The king's peace extended to a couple of high roads, i.e. highways,

running the length of the country and a couple running its width.

Salt was used throughout the nation to preserve meat over the

winter. Inland saltworks had an elaborate and specialized organization.

The chief one used saltpans and furnaces to extract salt from natural

brine springs. They formed little manufacturing enclaves in the midst

of agricultural land, and they were considered to be neither large

private estates headed by a lord nor appurtenant to such. They belonged

jointly to the king and the local earl, who shared, at a proportion of

two to one, the proceeds of the tolls upon the sale of salt and methods

of carriage on the ancient salt ways according to cartload, horse load,

or man load. Sometimes there were investors in a portion of the works

who lived quite at distance away. The sales of salt were mostly retail,

but some bought to resell. Peddlers carried salt to sell from village

to village.

Some smiths traveled for their work, for instance, stonewrights

building arches and windows in churches, and lead workers putting lead

roofs on churches.

An example of a grant of hides of land is: "[God has endowed

King Edred with England], wherefore he enriches and honors men, both

ecclesiastic and lay, who can justly deserve it. The truth of this can

be acknowledged by the thegn AElfsige Hunlafing through his acquisition

of the estate of 5 hides at Alwalton for himself and his heirs, free

from every burden except the repair of fortifications, the building of

bridges and military service; a prudent landowner church dues, burial

fees and tithes. [This land] is to be held for all time and granted

along with the things both great and small belonging to it."

A Bishop gave land to a faithful attendant for his life and two

other lives as follows: "In 904 A.D., I, Bishop Werfrith, with the

permission and leave of my honorable community in Worcester, grant to

Wulfsige, my reeve, for his loyal efficiency and humble obedience, one

hide of land at Aston as Herred held it, that is, surrounded by a dyke,

for three lives and then after three lives the estate shall be given

back without any controversy to Worcester."

At seaports on the coast, goods were loaded onto vessels owned

by English merchants to be transported to other English seaports.

London was a market town on the north side of the Thames River and the

primary port and trading center for foreign merchants. Streets that

probably date from this time include Milk, Bread, and Wood Streets, and

Honey Lane. There were open air markets such as Billingsgate. There

were wooden quays over much of the river front. Houses were made of

wood, with one sunken floor, or a ground floor with a cellar beneath.

Some had central stone hearths and earth latrines. There were crude

pottery cooking pots, beakers and lamps, wool cloth, a little silk,

simple leather shoes, pewter jewelry, looms, and quernstones (for

grinding flour). Wool, skins, hides, wheat, meal, beer, lead, cheese,

salt, and honey were exported. Wine (mostly for the church), fish,

timber, pitch, pepper, garlic, spices, copper, gems, gold, silk, dyes,

oil, brass, sulphur, glass, slaves, and elephant and walrus ivory were

imported. Goods from the continent were sold at open stalls in certain

streets. Furs and slaves were traded. There was a royal levy on exports

by foreigners merchants. Southwark, across the Thames River from

London,was reachable by a bridge. Southwark contained sleazy docks,

prisons, gaming houses, and brothels.

Guilds in London were first associations of neighbors for the

purposes of mutual assistance. They were fraternities of persons by

voluntary compact to assist each other in poverty, including their

widows or orphans and the portioning of poor maids, and to protect each

other from injury. Their essential features are and continue to be in

the future: 1) oath of initiation, 2) entrance fee in money or in kind

and a common fund, 3) annual feast and mass, 4) meetings at least three

times yearly for guild business, 5) obligation to attend all funerals

of members, to bear the body if need be from a distance, and to provide

masses for the dead, 6) the duty of friendly help in cases of sickness,

imprisonment, house burning, shipwreck, or robbery, 7) rules for decent

behavior at meetings, and 8) provisions for settling disputes without

recourse to the law. Both the masses and the feast were attended by the

women. Frequently the guilds also had a religious ceremonial to affirm

their bonds of fidelity. They readily became connected with the

exercise of trades and with the training of apprentices. They promoted

and took on public purposes such as the repairing of roads and bridges,

the relief of pilgrims, the maintenance of schools and almshouses, and

the periodic performance of pageants and miracle plays telling

scriptural history, which could last for several days. The devil often

was prominent in miracle plays.

Many of these London guilds were known by the name of their

founding member. There were also Frith Guilds (peace guilds) and a

Knights' Guild. The Frith Guild's main object was to enforce the King's

laws, especially the prevalent problem of theft. They were especially

established by bishops and reeves. Members met monthly and contributed

about 4d. to a common fund, which paid a compensation for items stolen.

They each paid 1s. towards the pursuit of the thief. The members were

grouped in tens. Members with horses were to track the thief. Members

without horses worked in the place of the absent horse owners until

their return. When caught, the thief was tried and executed.

Overwhelming force was used if his kindred tried to protect him. His

property was used to compensate the victim for his loss and then

divided between the thief's wife, if she was innocent, the King, and

the guild. Owners of slaves paid into a fund to give one half

compensation to those who lost slaves by theft or escape, and

recaptured slaves were to be stoned to death or hanged. The members of

the peace guild also feasted and drank together. When one died, the

others each sang a song or paid for the singing of fifty psalms for his

soul and gave a loaf.

The Knights' Guild was composed of thirteen military persons to

whom King Edgar granted certain waste land in the east of London,

toward Aldgate, and also Portsoken, which ran outside the eastern wall

of the city to the Thames, for prescribed services performed, probably

defense of the vulnerable east side of the city. This concession was

confirmed by King Edward the Confessor in a charter at the suit of

certain citizens of London, the successors of these knights. Edward

granted them sake and soke, the right to hold a court for the offender

and to receive the profits of jurisdiction, over their men.

Edward the Confessor made these rules for London:

1. Be it known that within the space of three miles from all parts

outside of the city a man ought not to hold or hinder another, and also

should not do business with him if he wish to come to the city under

its peace. But when he arrives in the city, then let the market be the

same to the rich man as to the poor.

2. Be it also known that a man who is from the court of the king or the

barons ought not to lodge in the house of any citizen of London for

three nights, either by privilege or by custom, except by consent of

the host. For if he force the host to lodge him in his house and there

be killed by the host, let the host choose six from his relatives and

let him as the seventh swear that he killed him for the said cause. And

thus he will remain quit of the murder of the - - deceased towards the

king and relatives and lords of the deceased.

3. And after he has entered the city, let a foreign merchant be lodged

wherever it please him. But if he bring dyed cloth, let him see to it

that he does not sell his merchandise at retail, but that he sell not

less than a dozen pieces at a time. And if he bring pepper, or cumin,

or ginger, or alum, or brasil wood, or resin, or incense, let him sell

not less than fifteen pounds at a time. But if he bring belts, let him

sell not less than a thousand at a - - time. And if he bring cloths of

silk, or wool or linen, let him see that he cut them not, but sell them

whole. But if he bring wax, let him sell not less than one quartanum.

Also a foreign merchant may not buy dyed cloth, nor make the dye in the

city, nor do any work which belongs by right to the citizens.

4. Also no foreign merchant with his partner may set up any market

within the city for reselling goods in the city, nor may he approach a

citizen for making a bargain, nor may he stop longer in the City.

Every week in London there was a folkmote at St. Paul's

churchyard, where majority decision was a tradition. By 1032, it had

lost much of its power to the husting [household assembly in Danish]

court. The folkmote then had responsibility for order and was the sole

authority for proclaiming outlaws. It met three times a year at St.

Paul's churchyard and there acclaimed its sheriff and its justiciar, or

if the king had chosen his officer, heard who was chosen and listened

to his charge. It also yearly arranged the watch and dealt with risks

of fire. It was divided into wards, each governed by an alderman who

presided over the wardmote, and represented his ward at the folkmote.

Each guild became a ward. The chief alderman was the portreeve. London

paid one-eighth of all the taxes of England.

Later in the towns, merchant guilds grew out of charity

associations whose members were bound by oath to each other and got

together for a guild feast every month. Some traders of these merchant

guilds became so prosperous that they became landholders. Many market

places were dominated by a merchant guild, which had a monopoly of the

local trade. In the great mercantile towns all the land and houses

would be held by merchants and their dependents, all freeholders were

connected with a trade, and everyone who had a claim on public office

or magistry would be a member of the guild. The merchant guild could

admit into their guild country villeins, who became freemen if

unclaimed by their lords for a year and a day. Every merchant who had

made three long voyages on his own behalf and at his own cost ranked as

a thegn. There were also some craft guilds composed of handicraftsmen

or artisans. Escaped bonded agricultural workers, poor people, and

traders without land migrated to towns to live, but were not citizens.

Towns were largely self-sufficient, but salt and iron came from

a distance. The King's established in every shire at least one town

with a market place where purchases would be witnessed, and a mint

where reliable money was coined by a moneyer, who put his name on his

coins. There were eight moneyers in London. Coins were issued to be of

value for only a couple of years. Then one had to exchange them for

newly issued ones at a rate of about 10 old for 8 or 9 new. The

difference constituted a tax. Roughly 10% of the people lived in towns.

Some took surnames such as Tanner, Weaver, or Carpenter. Some had

affectionate or derisive nicknames such as clear-hand, fresh friend,

soft bread, foul beard, money taker, or penny purse. Craftsmen in the

1000s included goldsmiths, embroiderers, illuminators of manuscripts,

and armorers.

Edward the Confessor, named such for his piety, was a king of

24 years who was widely respected for his intelligence,

resourcefulness, good judgment, and wisdom. His educated Queen Edith,

whom he relied on for advice and cheerful courage, was a stabilizing

influence on him. They were served by a number of thegns, who had

duties in the household, which was composed of the hall, the courtyard,

and the bedchamber. They were important men - thegns by rank. They were

landholders, often in several areas, and held leading positions in the

shires. They were also priests and clerics, who maintained the

religious services and performed tasks for which literacy was

necessary. Edward was the first king to have a "Chancellor", who was

the first great officer of state. He kept a royal seal and was the

chief royal chaplain. He did all the secretarial work of the household

and court, drew up and sealed the royal writs, conducted the king's

correspondence, and kept all the royal accounts. The word "chancellor"

signified a screen behind which the secretarial work of the household

was done. He had the special duty of securing and administering the

royal revenue from vacant benefices. The second great office was that

of Treasurer, who headed the Exchequer. The most important royal

officers were the chamberlains, who took care of the royal bedchamber

and adjoining wardrobe used for dressing and storage of valuables, and

the priests. These royal officers had at first been responsible only

for domestic duties, but gradually came to assume public administrative

tasks.

Edward wanted to avoid the pressures and dangers of living in

the rich and powerful City of London. So he rebuilt a monastic church,

an abbey, and a palace at Westminster about two miles upstream. He

started the growth of Westminster as a center of royal and political

power; kings' councils met there. Royal coronations took place at the

abbey. Since Edward traveled a lot, he established a

storehouse-treasury at Winchester to supplement his traveling wardrobe.

At this time, Spanish stallions were imported to improve English

horses. London came to have the largest and best trained army in

England.

The court invited many of the greatest magnates and prelates

[highest ecclesiastical officials, such as bishops] of the land to the

great ecclesiastical festivals, when the king held more solemn courts

and feasted with his vassals for several days. These included all the

great earls, the majority of bishops, some abbots, and a number of

thegns and clerics. Edward had a witan of wise men to advise him, but

sometimes the King would speak in the hall after dinner and listen to

what comments were made from the mead-benches. As the court moved about

the country, many men came to pay their respects and attend to local

business. Edward started the practice of King's touching people to cure

them of scrofula, a disease which affected the glands, especially in

the head and neck. It was done in the context of a religious ceremony.

The main governmental activities were: war, collection of

revenue, religious education, and administration of justice. For war,

the shires had to provide a certain number of men and the ports quotas

of ships with crews. The king was the patron of the English church. He

gave the church peace and protection. He presided over church councils

and appointed bishops. As for the administration of justice, the public

courts were almost all under members of Edward's court, bishops, earls,

and reeves. Edward's mind was often troubled and disturbed by the

threat that law and justice would be overthrown, by the pervasiveness

of disputes and discord, by the raging of wicked presumption, by money

interfering with right and justice, and by avarice kindling all of

these. He saw it as his duty to courageously oppose the wicked by

taking good men as models, by enriching the churches of God, by

relieving those oppressed by wicked judges, and by judging equitably

between the powerful and the humble. He was so greatly revered that a

comet was thought to accompany his death.

The king established the office of the Chancery to draft

documents and keep records. It created the writ, which was a small

piece of parchment [sheep skin] addressed to a royal official or

dependent commanding him to perform some task for the King. By the

1000s A.D., the writ contained a seal: a lump of wax with the impress

of the Great Seal of England which hung from the bottom of the

document. Writing was done with a sharpened goose-wing quill. Ink was

obtained from mixing fluid from the galls made by wasps for their eggs

on oak trees, rainwater or vinegar, gum arabic, and iron salts for

color.

A King's grant of land entailed two documents: a charter giving

boundaries and conditions and a writ, usually addressed to the shire

court, listing the judicial and financial privileges conveyed with the

land. These were usually sac [jurisdiction of a lord to hold court and

to impose fines and amercements] and soke [jurisdiction of a private

court of a noble or institution to execute the laws and administer

justice over inhabitants and tenants of the estate], toll [right to

have a market and to collect a payment on the sale of cattle and other

property on one's own estate] and team [a privilege granted by royal

charter to the lord of a manor for the having, restraining, and judging

of villeins with their children, goods, and chattels], and

infangenetheof [the authority to hang and take the chattels of a thief

caught on his estate].

The town of Coventry consisted of a large monastery estate,

headed by an abbot, and a large private estate headed by a lord. The

monastery was granted by Edward the Confessor full freedom and these

jurisdictions: sac and soke, toll and team, hamsocne [the authority to

fine a person for breaking into and making entry by force into the

dwelling of another], forestall [the authority to fine a person for

robbing others on the road], bloodwite [the authority to impose a

forfeiture for assault involving bloodshed], fightwite [the authority

to fine for fighting], weordwite [the authority to fine for

manslaughter, but not for willful murder], and mundbryce [the authority

to fine for any breach of the peace, such as trespass on lands].

Every man was expected to have a lord to whom he gave fealty.

He swore by a fealty oath such as: "By the Lord, before whom this relic

is holy, I will be to faithful and true, and love all that he loves,

and shun all that he shuns, according to God's law, and according to

the world's principle, and never, by will nor by force, by word nor by

work, do ought of what is loathful to him; on condition that he keep me

as I am willing to deserve, and all that fulfill that our agreement

was, when I to him submitted and chose his will." If a man was homeless

or lordless, his brothers were expected to find him such, e.g. in the

folkmote. Otherwise, he was to be treated as a fugitive and could be

slain, and anyone who had harbored him would pay a penalty. Brothers

were also expected to protect their minor kinsmen. When the oath of

fealty was sworn, the man usually did homage to this lord symbolized by

holding his hands together between those of his lord.

Marriages were determined by men asking women to marry them. If

a woman said yes, he paid a sum to her kin for her "mund" [jurisdiction

or protection over her] and gave his oath to them to maintain and

support the woman and any children born. As security for this oath, he

gave a valuable object or "wed". The couple were then betrothed.

Marriage ceremonies were performed by priests in churches. The groom

had to bring friends to his wedding as sureties to guarantee his oath

to maintain and support his wife and children. Those who swore to take

care of the children were called their "godfathers". The marriage was

written into church records. After witnessing the wedding, friends ate

the great loaf, or first bread made by the bride. This was the

forerunner of the wedding cake. They drank special ale, the "bride ale"

(from hence the work "bridal"), to the health of the couple.

Women could own land, houses, and furniture and other property.

They could even make wills that disinherited their sons. This marriage

agreement with an Archbishop's sister provides her with land, money,

and horsemen:

"Here in this document is stated the agreement which Wulfric

and the archbishop made when he obtained the archbishop's sister as his

wife, namely he promised her the estates at Orleton and Ribbesford for

her lifetime, and promised her that he would obtain the estate at

Knightwick for her for three lives from the community at Winchcombe,

and gave her the estate at Alton to grant and bestow upon whomsoever

she pleased during her lifetime or at her death, as she preferred, and

promised her 50 mancuses of gold and 30 men and 30 horses.

The witnesses that this agreement was made as stated were Archbishop

Wulfstan and Earl Leofwine and Bishop AEthelstan and Abbot AElfweard

and the monk Brihtheah and many good men in addition to them, both

ecclesiastics and laymen. There are two copies of this agreement, one

in the possession of the archbishop at Worcester and the other in the

possession of Bishop AEthelstan at Hereford."

This marriage agreement provided the wife with money, land,

farm animals and farm laborers; it also names sureties, the survivor of

whom would receive all this property:

"Here is declared in this document the agreement which Godwine made

with Brihtric when he wooed his daughter. In the first place he gave

her a pound's weight of gold, to induce her to accept his suit, and he

granted her the estate at Street with all that belongs to it, and 150

acres at Burmarsh and in addition 30 oxen and 20 cows and 10 horses and

10 slaves.

This agreement was made at Kingston before King Cnut, with the

cognizance of Archbishop Lyfing and the community at Christchurch, and

Abbot AElfmaer and the community at St. Augustine's, and the sheriff

AEthelwine and Sired the old and Godwine, Wulfheah's son, and AElfsige

cild and Eadmaer of Burham and Godwine, Wulfstan's son, and Carl, the

King's cniht. And when the maiden was brought from Brightling AElfgar,

Sired's son, and Frerth, the priest of Forlstone, and the priests

Leofwine and Wulfsige from Dover, and Edred, Eadhelm's son, and

Leofwine, Waerhelm's son, and Cenwold rust and Leofwine, son of Godwine

of Horton, and Leofwine the Red and Godwine, Eadgifu's son, and

Leofsunu his brother acted as security for all this. And whichever of

them lives the longer shall succeed to all the property both in land

and everything else which I have given them. Every trustworthy man in

Kent and Sussex, whether thegn or commoner, is cognizant of these terms.

There are three of these documents; one is at Christchurch, another at

St. Augustine's, and Brihtric himself has the third."

Nuns and monks lived in segregated nunneries and monasteries on

church land and grew their own food. The local bishop usually was also

an abbot of a monastery. The priests and nuns wore long robes with

loose belts and did not carry weapons. Their life was ordered by the

ringing of the bell to start certain activities, such as prayer; meals;

meetings; work in the fields, gardens, or workshops; and copying and

illuminating books. They chanted to pay homage and to communicate with

God or his saints. They taught justice, piety, chastity, peace, and

charity; and cared for the sick. Caring for the sick entailed mostly

praying to God as it was thought that only God could cure. They bathed

a few times a year. They got their drinking water from upstream of

where they had located their latrines over running water. The large

monasteries had libraries, dormitories, guesthouses, kitchens,

butteries to store wine, bakehouses, breweries, dairies, granaries,

barns, fishponds, orchards, vineyards, gardens, workshops, laundries,

lavatories with long stone or marble washing troughs, and towels.

Slavery was diminished by the church by excommunication for the sale of

a child over seven. The clergy taught that manumission of slaves was

good for the soul of the dead, so it became frequent in wills. The

clergy were to abstain from red meat and wine and were to be celibate.

But there were periods of laxity. Punishment was by the cane or scourge.

The Archbishop of Canterbury began anointing new kings at the

time of coronation to emphasize that the king was ruler by the grace of

God. As God's minister, the king could only do right. From 973, the new

king swore to protect the Christian church, to prevent inequities to

all subjects, and to render good justice, which became a standard oath.

It was believed that there was a celestial hierarchy, with

heavenly hosts in specific places. The heavenly bodies revolved in

circles around the earthly world on crystal spheres of their own, which

were serene, harmonious, and eternal. This contrasted with the change,

death, and decay that occurred in the earthly world. Also in this

world, Aristotle's four elements of earth, air, fire, and water sought

their natural places, e.g. bubbles of air rising through water. The

planets were called wanderers because their motion did not fit the

circular scheme.

God intervened in daily life, especially if worshipped. Jesus

Christ, his mother the Virgin Mary and saints were also worshipped.

Saints such as Bede and Hilda performed miracles, especially ones of

curing. Their spirits could be contacted through their relics, which

rested at the altars of churches. Sin resulted in misfortune. When

someone was said to have the devil in him, people took it quite

literally. Omens fortold events. A real Jack Frost nipped noses and

fingers and made the ground too hard to work. Little people, elves,

trolls, and fairies inhabited the fears and imaginings of people. The

forest was the mysterious home of spirits. People prayed to God to help

them in their troubles and from the work of the devil. Prayer was often

a charm to conjure up friendly spirits rather than an act of

supplication. Sorcerers controlled the forces of nature with the aid of

spirits. Since natural causes of events were unknown, people attributed

events to wills like their own. Illness and disease were thought to be

caused by demons and witches. To cure illness, people hung charms

around their neck and went to good witches for treatments of magic and

herbs. For instance, the remedy for "mental vacancy and folly" was a

drink of "fennel, agrimony, cockle, and marche".Some herbs had

hallucinogenic effects, which were probably useful for pain. Blood-

letting by leeches and cautery were used for most maladies, which were

thought to be caused by imbalance of the four bodily humors: sanguine,

phlegmatic, choleric, and melancholic. These four humors reflected the

four basic elements air, water, fire, and earth. Blood was hot and

moist like air; phlegm was cold and moist like water; choler or yellow

bile was hot and dry like fire; and melancholy or black bile was cold

and dry like earth. Bede had explained that when blood predominates, it

makes people joyful, glad, sociable, laughing, and talking a great

deal. Phlegm renders them slow, sleepy, and forgetful. Red cholic makes

them thin, though eating much, swift, bold, wrathful, and agile. Black

cholic makes them serious of settled disposition, even sad. To relieve

brain pressure and/or maybe to exorcise evil spirits, holes were made

in skulls by a drill with a metal tip that was caused to turn back and

forth by a strap wrapped around a wooden handle. A king's daughter

Edith inspired a cult of holy wells, whose waters were thought to

alleviate eye conditions. Warmth and rest were also used for illness.

Agrimony boiled in milk was thought to relieve impotence in men.

It was known that the liver casted out impurities in the blood.

The stages of fetal growth were known. The soul was not thought to

enter a fetus until after the third month, so presumably abortions

within three months were allowable.

The days of the week were Sun day, Moon day, Tiw's day (Viking

god of war), Woden's day (Viking god of victory, master magician,

calmer of storms, and raiser of the dead), Thor's day (Viking god of

thunder), Frig's day (Viking goddess of fertility and growing things),

and Saturn's day (Roman god). Special days of the year were celebrated:

Christmas, the birthday of Jesus Christ; the twelve days of Yuletide (a

Viking tradition) when candles were lit and houses decorated with

evergreen and there were festivities around the burning of the biggest

log available; Plough Monday for resumption of work after Yuletide;

February 14th with a feast celebrating Saint Valentinus, a Roman bishop

martyr who had married young lovers in secret when marriage was

forbidden to encourage men to fight in war; New Year's Day on March

25th when seed was sown and people banged on drums and blew horns to

banish spirits who destroy crops with disease; Easter, the day of the

resurrection of Jesus Christ; Whitsunday, celebrating the descent of

the Holy Spirit on the apostles of Jesus and named for the white worn

by baptismal candidates; May Day when flowers and greenery was gathered

from the woods to decorate houses and churches, Morris dancers leapt

through their villages with bells, hobby horses, and waving scarves,

and people danced around a May pole holding colorful ribbons tied at

the top so they became entwined around the pole; Lammas on August 1st,

when the first bread baked from the wheat harvest was consecrated;

Harvest Home when the last harvest load was brought home while an

effigy of a goddess was carried with reapers singing and piping behind,

and October 31st, the eve of the Christian designated All Hallow Day,

which then became known as All Hallow Even, or Halloween. People

dressed as demons, hobgoblins, and witches to keep spirits away from

possessing them. Trick or treating began with Christian beggars asking

for "soul cake" biscuits in return for praying for dead relatives.

Ticktacktoe and backgammon were played.

The languages of invaders had produced a hybrid language that

was roughly understood throughout the country. The existence of Europe,

Africa, Asia, and India were known. Jerusalem was thought to be at the

center of the world. There was an annual tax of a penny on every

hearth, Peter's pence, to be collected and sent to the pope in Rome

yearly. Ecclesiastical benefices were to pay church-scot, a payment in

lieu of first fruits of the land, to the pope.

The Law

There were several kings in this period. The king and witan

deliberated on the making of new laws, both secular and spiritual, at

the regularly held witanagemot. There was a standard legal requirement

of holding every man accountable, though expressed in different ways,

such as the following three:

Every freeman who does not hold land must find a lord to answer

for him. Every lord shall be personally responsible as surety for the

men of his household. [This included female lords.] (King Athelstan)

"And every man shall see that he has a surety, and this surety

shall bring and keep him to [the performance of] every lawful duty.

1. -And if anyone does wrong and escapes, his surety shall incur what

the other should have incurred.

2. -If the case be that of a thief and his surety can lay hold of him

within twelve months, he shall deliver him up to justice, and what he

has paid shall be returned to him." (King Edgar)

Every freeman who holds land, except lords with considerable

landed property, must be in a local tithing, usually ten to twelve men,

in which they serve as personal sureties for each other's peaceful

behavior. If one of the ten landholders in a tithing is accused of an

offense, the others have to produce him in court or pay a fine plus pay

the injured party for the offense, unless they could prove that they

had no complicity in it. If the man is found guilty but can not pay,

his tithing must pay his fine. The chief officer is the "tithing man"

or "capital pledge". There were probably ten tithings in a hundred.

(King Edward the Confessor).

Canute reigned from 1016 to 1035. The following are substantially all

the laws of Canute with an * before ones of special interest.

Proclamations of Canute are:

All my reeves, under pain of forfeiting my friendship and all that they

possess and their own lives, shall govern my people justly everywhere,

and to pronounce just judgments with the cognizance of the bishops of

the dioceses, and to inflict such mitigated penalties as the bishop may

approve and the man himself may be able to bear.

I enjoin upon all the sheriffs and reeves throughout my kingdom that,

as they desire to retain my friendship and their own sercurity, they

employ no unjust force towards any man, either rich or poor, but that

all, both nobles and commoners, rich and poor, shall have their right

of just possession, which shall not be infringed upon in any way,

either for the sake of obtaining the favour of the king or of

gratifying any powerful person or of collecting money for me; and I

have no need that monoey should be collected for me by any unust

exactions.

Ecclesiastical laws of Canute are:

Above all else, love and honour one God, and uphold one Christian

faith, and love King Canute with due fidlity.

*Maintain the security and sanctity of the churches of God, and

frequently attend them for the salvation of our souls and our own

benefit. He who violates the protection given by the church of God

within its walls, or the protection granted by a Christian king in

person shall lose both land and life, unless the king is willing to

pardon him. Homicide within the church's walls shall not be

atoned for by any payment of compensation, and everyone shall pursue

the miscreant, unless it happen that he escapes from there and reaches

so inviolable a sanctuary that the king, because of that, grants him

his life, upon condition that he makes full amends both towards God and

towards men. The first conditon is that he shall give his own wergeld

to Christ and to the king and by that means obtain the legal right to

offer compensation. And if the king allows compensation, amends for the

violation of the protection of the church shall be made by the payment

to the church of the full fine for breach of the king's mund, and the

purification of the church shall be carried out as is fiting, and

compensation both to the kin and to the lord of the slain man shall be

fully psid, and supplication shall earnestly be made to God. If the

protection of the church is broken by offenses such as fighting or

robbery, without the taking of life, amends shall diligently be made in

accordance with the nature of the offense. The penalty for violation of

the protection of a principal church is 5 pounds, for a church of

medium rank is 120s., for a church with a graveyard 60s., and for a

country chapel where there is no graveyard, 30s.

Maintain the security and sanctity of holy things and priests according

to their rank, for they drive away devils, baptize anyone, hallow the

Eucharist, and intercede to Christ for the needs of the people. If an

accusation of evil practices is made against a priest and he knows

himself to be guiltless, he shall say Mass, if he dares, and thus clear

himelf by the Holy Communion in the cases of a simple accusation, and

by the Holy Communion with two supporters of the same ecclesiastical

rank in the case of a triple accusation. If he has no supporters, he

shall go to the ordeal of consecrated bread.

No monk who belongs to a monastery may demand or pay compensation

incurred by vendetta because he leaves the law of his kindred behind

when he accepts monastic rule.

If a priest is concerned in false witness or perjury or is the

accessory and accomplice of thieves, he shall be cast out from the

fellowship of those in holy orders and forfeit every privilege, unless

he make amends both towards God and towards men, as the bishop shall

prescribe, and find surtey for future behavior.

Servants of God shall call upon Christ to intercede for all Christian

people and practice celibacy. Those who turn away from marriage and

observe celibacy shall enjoy the privileges of a thegn.

*No Christian man shall marry among his own kin within six degress of

relationship or with the widow of a man as nearly related to him as

that, or with a near relative of his first wife's. No man shall marry

his god-mother, a nun, or a divorced woman. He shall not commit

adultery. He shall have no more wives that one, with whom he shall

remain as long as she lives.

Ecclesiastical dues shall be paid yearly, namely, plough alms 15 days

after Easter, the tithe [tenth] of young animals at Pentecost, and the

tithe of the fruits of the earth at All Saints. Otherwise the king's

reeve, the bishop's reeve, and the lord's reeve shall take what is due

and assign him the next tenth, and the eight remaining parts shall go

half to the lord and half to the bishop.

Peter's Pence shall be paid by St. Peter's Day or pay the bishop the

penny and 30d. in addition and 120s. to the king.

Church dues shall be paid at Martinmas, or pay the biship eleven fold

and 120s. to the king.

Any thegn with a church with attached graveyard on his land shall give

a third part of his own tithes to his church. If he has a church

without a graveyard, he shall give his priest whatever he desires from

the nine remaining parts.

Light dues shall be paid a halfpenny worth of wax from every hide three

times a year.

Payment for the souls of the dead should be rendered before the grave

is closed.

*All festivals and fasts, such as Lent, shall be observed. The festival

of every Sunday shall be observed from noon on Saturday till dawn on

Monday. No trading, public gatherings, hunting, or secular occupations

shall be done on Sunday. We forbid ordeals and oaths during festivals

and fasts.

To avoid the torment of hell, let us turn away from sin and confess our

misdeeds to out confessors and cease from evil and make amends.

Each of us shall treat others as we desire to be treated.

Every Christian man shall prepare himself for the sacrament at least

three times a year. Every friend shall abide by his oath and pledge.

Every injustice shall be cast out from this land.

Let us be faithful and true to our lord and promote his honour and

carry out his will. And likewise, it is the duty of every lord to treat

his men justly.

Men of every estate shall readily submit to the duty which befits them.

Every Christian man shall learn the Creed and the Pater Noster, the

sacred prayer taught by Christ to his disciples which contains all the

petitions necessary for this life and the life to come. He who does not

learn it may not sponsor another man at baptism or at confirmation.

*Guard against grievous sins and devilish deeds and make amends

according to one's confessor's advice.

Fear God, be in terror of sin, and dread the Day of Judgment.

The bishops shall give example of our duty towards God.

Secular laws of Canute are:

All men, both rich and poor, shall be entitled to the benefit of the

law, and just decisions shall be pronounced on their behalf.

Those in authority to give judgment shall consider very earnestly "And

forgive us our trespasses as we forgive them that trespass against us."

Christian people shall not be condemned to death for trivial offenses.

We forbid the all too prevalent practice of selling Christian people

out of the country, especially into heathen lands. Care shall be taken

that the souls which Christ bought with his own life be not destroyed.

*Any wizards or sorcerers, those who secretly compass death,

prostitutes, thieves, and robbers shall be destroyed unless they cease

and make amends.

We forbid heathen practices, namely the worship of idols, heathen gods,

and the sun or moon, fire or water, springs or stones or any kind of

forest trees, or indulgence in witchcraft or the compassing of death in

any way, either by sacrifice or by divinations or by the practice of

any such delusions.

*Murderers and perjurers, injurers of the clergy, and adulterers shall

submit and make amends or depart with their sins from their native land.

*Hypocrites and liars, robbers and plunderers shall incur the wrath of

God, unless they desist and make amends.

*There shall be one currency free from all adulteration throughout the

land and no one shall refuse it. He who coins false money shall forfeit

the hand with which he made it, and he shall not redeem it in any way,

either with gold or silver. If the reeve is accused of having granted

his permission to the man who coined the false money, he shall clear

himself by the triple oath of exculpation and, if it fails, he shall

have the same sentence as the man who coined the false money.

*Measures and weights shall be diligently corrected and an end put to

all unjust practices.

The repair of fortifications and bridges, and the preparation of ships

and the equipment of military forces shall be diligently undertaken for

the common need, whenever the occasion arises.

*In Wessex and Mercia, the king is entitled to payments for violation

of his mund, attacks on people's houses, assault, and neglecting

military service. In the Danelaw, he is entitled to payments for

fighting, breach of the peace and attacks on people's houses, and

neglect of military service.

*If anyone does the deed of an outlaw, the king alone shall have power

to grant him security. He shall forfeit all his land to the king

without regard to whose vassal he is. Whoever feeds or harbours the

fugitive shall pay 5 pounds to the king, unless he clears himself by a

declaration that he did not know that he was a fugitive.

*He who promotes injustice or pronounces unjust judgments, as a result

of malice or bribery, shall forfeit 120s. to the king, in districts

under English law, unless he declares on oath that he did not know how

to give a more just verdict, and he shall lose forever his rank as a

thegn, unless he redeem it from the king, provided the latter is

willing to allow him to do so. In the Danelaw he shall forfeit his

lahslit.

*He who refuses to observe just laws and judgments shall forfeit, in

districts under English law, a fine to the party entitled thereto -

either 120s. to the king, 60s. to the earl, or 30s. to the hundred, or

to all of them if they were all concerned.

*If a man seeks to accuse another man falsely in such a way as to

injure him in property or in reputation, and if the latter can refute

the accusation brought against him, the first shall forfeit his tongue,

unless he redeems himself with his wergeld.

No one shall appeal to the king, unless he fails to obtain justice

within his hundred. Everyone shall attend the hundred court, under pain

of fine, whenever he is required by law to attend it.

The borough court shall be held at least three times and the shire

court at least twice, under pain of fine. The bishop of the diocese and

the earldorman shall attend and they shall direct the administration of

both ecclesiastical and secular law.

*No one shall make distraint [seizure of personal property out of the

possession of an alleged wrongdoer into the custody of the party

injured, to procure a satisfaction for a wrong committed] of property

either within the shire or outside it, until he has appealed for

justice three times in the hundred court. If on the third occasion he

does not obtain justice, he shall go on the fourth occasion to the

shire court, and the shire court shall appoint a day when he shall

issue his summons for the fourth time. And if this summons fails, he

shall get leave from the one court or the other, to take his own

measures for the recovery of his property.

*Every freeman over age 12 must be in a tithing if he desires to have

the right of exculpation and of being atoned for by the payment of his

wergeld, if he is slain, and to be entitled to the rights of a freeman,

whether he has an establishment of his own or is in the service of

another. Everyone shall be brought within a hundred and under surety,

and his surety shall hold and bring him to the performance of every

legal duty.

*Everyone over age 12 shall take an oath that he will not be a thief or

a thief's accomplice.

Every trustworthy man, who has never earned a bad reputation and who

has never failed either in oath or in ordeal, shall be entitled to

clear himself within the hundred by the simple oath of exculpation. For

an untrustworthy man compurgators for the simple oath shall be selected

within three hundreds, and for the triple oath, throughout the district

under the jurisdiction of the borough court; otherwise he shall go to

the ordeal. When a simple oath of exculpation is involved, the case

shall be begun with a simple oath of accusation; but where a triple

oath of exculpation is involved, it shall be begun with a triple oath

of accusation. A thegn may have a trustworthy man give his oath of

accusation for him.

No man may vouch to warranty unless he has three trustworthy witnesses

to declare whence he acquired the stock which is attached in his

possession. The witnesses shall declare that, in bearing testimony on

his behalf to the effect that he acquired it legally, they are speaking

the truth, in accordance with what they saw with their eyes and heard

with their ears.

*No one shall buy anything over 4d. in value, either livestock or other

property, unless he has four men as trustworthy witnesses, whether the

purchase be made within a town or in the open country. If, however, any

property is attached, and he who is in possession of it has no such

witnesses, no vouching to warranty shall be allowed, but the property

shall be given up to its rightful owner and also the supplementary

payment, and the fine to the party who is entitled thereto. And if he

has witnesses in accordance with what we have declared above, vouching

to warranty shall take place three times. On the fourth occasion he

shall prove his claim to it or give it back to its rightful owner. No

one shall claim ownership where fraud is involved.

*If anyone who is of bad reputation and unworthy of public confidence

fails to attend the court meetings three times, men shall be chosen

from the fourth meeting who shall ride to him, and he may then still

find a surety, if he can. If he cannot, they shall seize him either

alive or dead, and they shall take all that he has. And they shall pay

to the accuser the value of his goods, and the lord shall take half of

what remains and the hundred half. And if anyone, either kinsman or

stranger, refuses to ride against him, he shall pay the king 120s.

*The proved thief and he who has been discovered in treason against his

lord, whatever sanctuary he seeks, shall never be able to save his life.

He who in court tries to protect himself or one of his men by bringing

a countercharge shall have wasted his words, and shall meet the charge

brought by his opponent in such a way as the hundred court shall

determine.

No one shall entertain any man for more than three days, unless he is

committed to this charge by the man whom he has been serving. And no

one shall dismiss one of his men from his service until he is quit of

every accusation which has been brought against him.

*If anyone comes upon a thief and of his own accord lets him escape

without raising the hue and cry, he shall make compensation by the

payment of the thief's wergeld, or clear himself with the full oath,

asserting that he did not know him to be guilty of any crime. And if

anyone hears the hue and cry and neglects it, he shall pay the full

fine for insubordination [120s] to the king, or clear himself by the

full oath.

*Regarding thoroughly untrustworthy men, if anyone has forfeited the

confidence of the hundred, and he has charges brought against him to

such an extent that he is accused by three men at once, no other course

shall be open to him but to go to the triple ordeal. If, however, his

lord asserts that he has failed neither in oath nor in ordeal since the

assembly was held at Winchester, the lord shall choose two trustworthy

men within the hundred - unless he has a reeve who is qualified to

discharge this duty - and they shall swear that he has never failed in

oath or ordeal or been convicted of stealing. If the oath is

forthcoming, the man who is accused there shall choose whichever he

will - either the simple ordeal or an oath equivalent to a pound in

value, supported by compurgators found within the three hundreds, in

the case of an object over 30d. in value. If they dare not give the

oath, the accused shall go to the triple ordeal, which shall be opened

by five compurgators selected by the accuser and he himself shall make

a sixth. If the accused is proved guilty, on the first occasion he

shall pay double value to the accuser and his wergeld to the lord who

is entitled to receive his fine, and he shall appoint trustworthy

sureties, that hence forth he will desist from all wrong-doing. And on

the second occasion, if he is proved guilty, there shall be no

compensation but to have his hands or his feet cut off or both,

according to the nature of the offense. And if has wrought still

greater crime, he shall have his eyes put out and his nose and ears and

upper lip cut off or his scalp removed, whichever of these penalties is

determined by those with whom rests the decision of the case; and thus

punishment shall be inflicted, while, at the same time, the soul is

preserved from injury. If, however, he escapes and avoids the ordeal,

his surety shall pay the value of his goods to the plaintiff and the

wergeld of the accused to the king or to the man who is entitled to

receive his wergeld. And if the lord is accused of advising the man who

had done wrong to escape, he shall choose five trustworthy men, and

shall himself make a sixth, and shall clear himself of the accusation.

If he succeeds in clearing himself, he shall be entitled to the

wergeld. And if he fails, the king shall take the wergeld, and the

thief shall be treated as an outlaw by the whole nation.

Every lord shall be personally responsible as surety for the men of his

own household. And if any accusation is brought against one of them, he

shall answer if within the hundred in which he is accused. And if he is

accused and escapes, the lord shall pay the man's wergeld to the king.

And if the lord is accused of advising him to escape, he shall clear

himself with the help of five thegns, himself making a sixth. And if he

fails to clear himself, he shall pay his own wergeld to the king, and

the man shall be an outlaw towards the king.

If a slave is found guilty at the ordeal, he shall be branded on the

first occasion. And on the second occasion, he shall not be able to

make any amends except by his head.

*Concerning untrustworthy men, if there is anyone who is regarded with

suspicion by the general public, the king's reeve shall go and place

him under surety so that he a may be brought to do justice to those who

have made charges against him. If he has no surety, he shall be slain

and buried in unconsecrated ground. And if anyone interposes in his

defense, they shall both incur the same punishment. And he who ignores

this and will not further what we have all determined upon shall pay

120s. to the king.

The various boroughs shall have one common law with regard to

exculpation.

If a friendless man or one come from afar is so utterly destitute of

friends as not to be able to produce a surety, on the first occasion

that he is accused he shall go to prison, and wait there until he goes

to God's ordeal where he shall experience whatever he can. Verily, he

who pronounces a more severe judgment upon whom is friendless or come

from afar than upon one of his own acquaintances injures himself.

*Concerning perjury, if anyone swears a false oath on the relics and is

convicted, he shall lose his hand or half his wergeld which shall be

divided between the lord and the bishop. And henceforth he shall not be

entitled to swear an oath, unless he makes amends to the best of his

ability before God, and finds surety that ever afterwards he will

desist from such perjury.

*Concerning false witness, if anyone has given testimony which is

manifestly false, and is convicted thereof, his testimony henceforth

shall be valueless, and he shall pay to the king or to the lord of the

manor a sum equivalent to his healsfang [payment due only to those very

closely related to a killed man].

Special care must be taken to prevent lawlessness at sacred seasons and

in sacred places. The greater a man is and the higher his rank, the

more stringent shall be the amends which he shall be required to make

to God and to men for lawless behavior. And ecclesiastical amends shall

be diligently exacted in accordance with the directions contained in

the canon law, and secular amends in accordance with secular law.

If anyone slays a priest of the altar, he shall be both excommunicated

and outlawed, unless he make amends to the best of his ability by

pilgrimage, and likewise by the payment of compensation to the kin of

the slain man, or else he shall clear himself by an oath equal in value

to his wergeld. He shall begin to make amends to God and men within 30

days, under pain of forfeiting all that he possesses.

If an attempt is made to deprive a man in orders or a stranger of his

goods or his life, the king shall act as his kinsman and protector

unless he has some other. And such compensation as is fitting shall be

paid to the king, or he shall avenge the deed to the uttermost.

If a minister of the altar commits homicide or any other great crime,

he shall be deprived of his ecclesiastical office and banished, and

shall travel as a pilgrim as far as the Pope appoints for him and

zealously make amends. If he seeks to clear himself, he shall do so by

the triple mode of proof. If he does not begin to make amends both to

God and men within 30 days, he shall be outlawed.

If anyone binds or beats or deeply insults a man in holy orders, he

shall make amends towards him and shall pay the fine due to the bishop

for sacrilege, in accordance with the rank of the injured man, and to

his lord or to the king the full fine for breach of his mund, or he

shall clear himself by the full process of exculpation.

If a man in holy orders commits a capital crime, he shall be arrested,

and his cases shall be reserved for the bishop's decision.

If a condemned man desires confession, he shall never be refused him or

pay the king 120s. or he shall clear himself by selecting five men and

be himself the sixth.

*No condemned man shall be put to death during the Sunday festival,

unless he flees or fights, but he shall be arrested and kept in custody

until the festival is over. If a freeman works during a church

festival, he shall make amends by payment of his healsfang and make

amends to God according to the directions given him. If as slave works,

he shall undergo the lash or pay the fine, according to the nature of

the offense. If a lord compels his slave to work during a church

festival, he shall lose the slave, who shall then obtain the rights of

a freeman and the lord shall pay a fine or clear himself.

If a freeman breaks an ordained fast, he shall pay a fine. If a slave

does so, he shall undergo the lash or pay the fine in accordance with

the nature of the deed.

If anyone openly causes a breach of the fast of Lent by fighting or by

intercourse with women or by robbery or by any great misdeed, he shall

pay double compensation just as he must do during a high festival. If

he denies the charge, he shall clear himself by the triple process of

exculpation.

*If anyone refuses by force the payment of ecclesiastical dues, he

shall pay the full fine or he shall clear himself: he shall select 11

men and himself make a twelfth. If he wounds anyone, he shall make

amends and pay the full fine to the lord and redeem his hands from the

bishop or lose them. If he kills a man, he shall be outlawed and

pursued with hostility. If he so acts as to bring about his own death

by setting himself against the law, no compensation shall be paid for

him.

If anyone injures one of the clergy, he shall make amends according to

the rank of the person injured, either by the payment of his wergeld or

a fine or by the forfeiture of all his property.

*If anyone commits adultery, he shall make amends according to the

nature of the offense. It is wicked adultery for a pious man to commit

fornication with an unmarried woman, and much worse with the wife of

another man or with any woman who has taken religious vows.

*If anyone commits incest, he shall make amends according to the degree

of relationship between them, either by the payment of wergeld or of a

fine, or by the forfeiture of all his possessions.

*If anyone does violence to a widow or maiden, he shall pay his wergeld.

*If a woman commits adultery, her husband shall have all she possesses

and she shall lose her nose and her ears.

If a married man commits adultery with his own slave, he shall lose her

and make amends to God and to men.

*If anyone has a lawful wife and also a concubine, no priest shall

perform for him any of the offices which must be performed for a

Christian man, until he desists and makes amends as the bishop shall

direct.

Foreigners, if they will not regularize their unions, shall be driven

from the land with their possessions, and shall depart in sin.

*Any murderer shall be given up to the kinsmen of the slain man. The

bishop shall pronounce judgment.

*If anyone plots against the king or his own lord, he shall forfeit his

life and all that he possesses, unless he proves himself innocent by

the triple ordeal.

*If anyone violates the protection or a king, archbishop or bishop, he

shall pay 5, 3, or 2 pounds respectively as compensation.

*Anyone who fights at the king's court shall lose his life, unless

pardoned by the king.

*If a man unjustly disarms another, he shall compensate him by the

payment of his healsfang. If he binds him, he shall compensate by the

payment of half his wergeld.

If anyone is guilty of a capital deed of violence while serving in the

army, he shall lose his life or his wergeld.

*If a man makes forcible entry into another man's house, he shall pay 5

pounds to the king. If he is slain in such a case, no compensation

shall be paid for his death.

*Anyone guilty of robbery shall restore the stolen goods and pay the

injured man as much again and forfeit his wergeld to the king.

*According to secular law, assaults upon houses, arson, theft which

cannot be disproved, murder which cannot be denied, and treachery

towards a man's lord are crimes for which no compensation can be paid.

If anyone neglects the repair of fortifications or bridges or military

service, he shall pay 120s. to the king or he shall clear himself with

the support of 11 compurgators out of 14 nominated by the court.

The whole nation shall assist in the repair of churches.

If anyone unlawfully maintains an excommunicated person, he shall

deliver him up in accordance with the law, and pay compensation to him

to whom it belongs, and to the king his wergeld. Anyone keeping and

maintaining as excommunicated man or an outlaw shall risk losing his

life and all his property.

Greater leniency shall be shown in passing judgment and in imposing

penance on the weak than on the strong because they cannot bear an

equally heavy burden. So we distinguish between age and youth, wealth

and poverty, freemen and slaves, the sound and the weak.

*When a man is an involuntary agent in evil-doing or does something

unintentionally, he is more entitled to clemency.

All my reeves shall provide for me from my own property and no man need

give them anything as purveyance. If any of my reeves demands a fine,

he shall forfeit his wergeld to me. The public has been so far too

greatly oppressed by this.

*If a man dies intestate [without a will], whether through negligence

or sudden death, his lord shall take no more than his legal heriot. The

property shall be divided among his wife and children and near kinsmen

according to the share which belongs to him.

Heriots shall be fixed with regard to the rank of the person for whom

they are paid. The heriot of any earl is eight horses, four saddled and

four unsaddled, four helmets, four coats of chainmail, eight spears,

eight shields, four swords, and 200 mancuses of gold. The heriot of a

king's thegn is four horses, two saddled and two unsaddled, two swords,

four spears, four shields, four helmets, four coats of chain mail and

50 mancuses of gold, but among the Danes who possess rights of

jurisdiction 4 pounds. The heriot of an ordinary thegn is a horse and

its trappings and his weapons or his healsfang in Wessex, and in Mercia

2 pounds, and in East Anglia 2 pounds. The heriot of a man who stands

in a more intimate relationship to the king shall be two horses, one

saddled and one unsaddled, one sword, two spears, two shields, and 50

mancuses of gold. The heriot of a man who is inferior in wealth is 2

pounds.

When a householder has dwelt all his time free from claims and charges,

his wife and children shall dwell there unmolested by litigation.

*Every widow who remains a year without a husband shall do what she

herself desires. If within the space of a year, she chooses a husband,

she shall lose her morning gift and all the property she had from her

first husband, and his nearest relatives shall take the land and

property which she had held. And the second husband shall forfeit his

wergeld to the king or the lord to whom it has been granted. And

although she has been married by force, she shall lose her possessions,

unless she leaves the man and returns home. And no widow shall be too

hastily consecrated as a nun. And every widow shall pay heriots within

a year without incurring a fine, if it has not been convenient for her

to pay earlier.

*No woman or maiden shall be forced to marry a man whom she dislikes,

nor shall she be given for money, except the suitor desires of his own

freewill to give something.

If anyone sets his spear at the door to another man's house, he himself

having an errand inside, or if anyone carefully lays any other weapons

where they might remain quietly, and another seizes the weapon and

works mischief with it, he shall pay compensation for it. He who owns

the weapon may clear himself by asserting that the mischief was done

without his desire or authority or advice or cognizance.

*If anyone carries stolen goods home to his cottage and is detected,

the owner shall have what he has tracked. The wife shall be clear of

any charge of complicity unless the goods had been put under her lock

and key or in her storeroom, her chest, or her cupboard. But no wife

can forbid her husband from depositing anything in his cottage.

Until now it has been the custom for grasping persons to treat a child

which lay in the cradle, even though it had never tasted food, as being

guilty as though it were fully intelligent. I forbid this practice.

The man who, through cowardice, deserts his lord or his comrades in an

expedition, either by sea or by land, shall lose all he possesses and

his own life, and the lord shall take back the property and the land

which he had given him. And if he has land held by title-deed it shall

pass into the king's hands.

The heriots of the man who falls before his lord during a campaign,

whether within the country or abroad, shall be remitted, and the heirs

shall succeed to his land and property and make a very just division of

the same.

He who, with the cognisance of the shire, has performed the services

demanded from a landowner on expedition, either by sea or by land,

shall hold his land unmolested by litigation during his life, and at

his death shall have the right of disposing of it or giving it to

whomsoever he pleases.

*Every man is entitled to hunt in the woods and fields on his own

property. But everyone, under pain of incurring the full penalty, shall

avoid hunting on my preserves.

There shall never be any interference with bargains successfully

concluded or with the legal gifts made by a lord.

Every man shall be entitled to protection in going to and from

assemblies, unless he is a notorious thief.

*He who violates the law shall forfeit his wergeld to the king. And he

who violates it again, shall pay his wergeld twice over. And if he is

so presumptuous as to break it a third time, shall lose all he

possesses.

Love God and follow his law and obey our spiritual leaders, for it is

their duty to lead us to the judgment of God according to our works

wrought. Do what is right and good and guard against the hot fire of

hell. God Almighty have mercy upon us all, as His Will may be. Amen.

The Laws for London were:

"1. The gates called Aldersgate and Cripplegate were in charge of

guards.

2. If a small ship came to Billingsgate, one halfpenny was paid as

toll; if a larger ship with sails, one penny was paid.

1) If a hulk or merchantman arrives and lies there, four pence is

paid as toll.

2) From a ship with a cargo of planks, one plank is given as -toll.

3) On three days of the week toll for cloth [is paid] on Sunday and

Tuesday and Thursday.

4) A merchant who came to the bridge with a boat containing fish paid

one halfpenny as toll, and for a larger ship one penny."

5) - 8) Foreigners with wine or blubber fish or other goods and their

tolls. (Foreigners were allowed to buy wool, melted sheep fat [tallow],

and three live pigs for their ships.)

"3. If the town reeve or the village reeve or any other official

accuses anyone of having withheld toll, and the man replies that he has

kept back no toll which it was his legal duty to pay, he shall swear to

this with six others and shall be quit of the charge.

1) If he declares that he has paid toll, he shall produce the -man to

whom he paid it, and shall be quit of the charge.

2) If, however, he cannot produce the man to whom he paid it, he

shall pay the actual toll and as much again and five pounds to the King.

3) If he vouches the taxgatherer to warranty [asserting] that he paid

toll to him, and the latter denies it, he shall clear himself by the

ordeal and by no other means of proof.

4. And we [the king and his counselors] have decreed that a man who,

within the town, makes forcible entry into another man's -house without

permission and commits a breach of the peace of the worst kind and he

who assaults an innocent person on the King's highway, if he is slain,

shall lie in an unhonored grave.

1) If, before demanding justice, he has recourse to violence, but

does not lose his life thereby, he shall pay five pounds for breach of

the King's peace.

2) If he values the goodwill of the town itself, he shall pay us

thirty shillings as compensation, if the King will grant us -this

concession."

5. No base coin or coin defective in quality or weight, foreign or

English, may be used by a foreigner or an Englishman. (In 956, a person

found guilty of illicit coining was punished by loss of a hand.)

Judicial Procedure

There were courts for different geographical communities:

shires, hundreds, and vills. The arrangement of the whole kingdom into

shires was completed by 975 after being united under King Edgar.

A shire was a large area of land, headed by an earl. A shire

reeve or "sheriff" represented the royal interests in the shires and in

the shire courts. This officer came to be selected by the king and earl

of the shire to be a judicial and financial deputy of the earl and to

execute the law. The office of sheriff, which was not hereditary, was

also responsible for the administration of royal lands and royal

accounts. The sheriff summoned the freemen holding land in the shire,

four men selected by each community or township, and all public

officers to meet twice a year at their "shiremotes". Actually only the

great lords - the bishops, earls, and thegns - attended. The shire

court was primarily concerned with issues of the larger landholders.

Here the freemen interpreted the customary law of the locality. The

earl declared the secular law and the bishop declared the spiritual

law. They also declared the sentence of the judges. The earl usually

took a third of the profits, such as fines and forfeits, of the shire

court, and the bishop took a share. In time, the earls each came to

supervise several shires and the sheriff became head of the shire and

assumed the earl's duties there, such as heading the shire fyrd. The

shire court also heard cases which had been refused justice at the

hundredmote and cases of keeping the peace of the shire.

The hundred was a division of the shire, having come to refer

to a geographical area rather than a number of households. The monthly

hundredmote could be attended by any freeman holding land (or a lord's

steward), but was usually attended only by reeve, thegns, parish

priest, and four representatives selected by each agrarian community or

village - usually villeins. Here transfers of land were witnessed.

The sheriff, or a reeve in his place, presided over minor local

criminal and peace and order issues. When the jurisdiction was in the

hands of a sheriff, it was called the sheriff's tourn. All residents

were expected to attend this court. When the jurisdiction was in

private hands, it was called a leet court. Leet jurisdiction derived

from sac and soke jurisdiction. Sac and soc jurisdiction was possession

of legal powers of execution and profits of justice held by a noble or

institution over inhabitants and tenants of the estate, exercised

through a private court.

The sheriff usually held each hundred court, which heard civil cases.

The suitors to these courts were the same as those of the shire courts.

They were the judges who declared the law and ordered the form of

proof, such as compurgatory oath and ordeal. They were customarily

thegns, often twelve in number. They, as well as the king and the earl,

received part of the profits of justice. Summary procedure was followed

when a criminal was caught in the act or seized after a hue and cry.

Every freeman over age twelve had to be in a hundred and had to follow

the hue and cry.

In 997, King Ethelred in a law code ordered the sheriff and

twelve leading magnates of each shire to swear to accuse no innocent

man, nor conceal any guilty one. This was the germ of the later assize,

and later still the jury.

The integrity of the judicial system was protected by certain

penalties: for swearing a false oath, bot as determined by a cleric who

has heard his confession, or, if he has not confessed, denial of burial

in consecrated ground. Also a perjurer lost his oath-worthiness.

Swearing a false oath or perjury was also punishable by loss of one's

hand or half one's wergeld. A lord denying justice, as by upholding an

evildoing thegn of his, had to pay 120s. to the king for his

disobedience. Furthermore, if a lord protected a theow of his who had

stolen, he had to forfeit the theow and pay his wer, for the first

offense, and he was liable for all he property, for subsequent

offenses. There was a bot for anyone harboring a convicted offender. If

anyone failed to attend the gemot thrice after being summoned, he was

to pay the king a fine for his disobedience. If he did not pay this

fine or do right, the chief men of the burh were to ride to him, and

take all his property to put into surety. If he did not know of a

person who would be his surety, he was to be imprisoned. Failing that,

he was to be killed. But if he escaped, anyone who harbored him,

knowing him to be a fugitive, would be liable pay his wer. Anyone who

avenged a thief without wounding anyone, had to pay the king 120s. as

wite for the assault.

"And if anyone is so rich or belongs to so powerful a kindred,

that he cannot be restrained from crime or from protecting and

harboring criminals, he shall be led out of his native district with

his wife and children, and all his goods, to any part of the kingdom

which the King chooses, be he noble or commoner, whoever he may be -

with the provision that he shall never return to his native district.

And henceforth, let him never be encountered by anyone in that

district; otherwise he shall be treated as a thief caught in the act."

Courts controlled by lords of large private estates had various

kinds of jurisdiction recognized by the King: sac and soke [possession

of legal powers of execution and profits of justice held by a noble or

institution over inhabitants and tenants of the estate, exercised

through a private court], toll [right to collect a payment on the sale

of cattle and property] and team [right to hold a court to determine

the honesty of a man accused of illegal possession of cattle],

infangenetheof [the authority to judge and to hang and take the

chattels of a thief caught on the property], and utfangenetheof [the

authority to judge, punish, and take the chattels of a thief dwelling

out of his liberty, and committing theft without the same, if he were

caught within the lord's property]. Some lords were even given

jurisdiction over breach of the royal peace, ambush and treacherous

manslaughter, harboring of outlaws, forced entry into a residence, and

failure to answer a military summons. Often this court's jurisdiction

overlapped that of the hundred court and sometimes a whole hundred had

passed under the jurisdiction of an abbot, bishop, or earl.

A lord and his noble lady, or his steward, presided at this

court. The law was administered here on the same principles as at the

hundred court. Judges of the leet [minor criminal jurisdiction] of the

court of a large private estate were chosen from the constables and

four representatives selected from each community, village, or town.

The vill [similar to village] was the smallest community for

judicial purposes. There were several vills in a hundred.

Before a dispute went to the hundred court, it might be taken

care of by the head tithing man, e.g. cases between vills, between

neighbors, and some compensations and settlements, namely concerning

pastures, meadows, harvests, and contests between neighbors.

In London, the Hustings Court met weekly and decided such

issues as wills and bequests and commerce matters. The folkmote of all

citizens met three times a year. Each ward had a leet court.

The king and his witan decided the complaints and issues of the

nobility and those cases which had not received justice in the hundred

or shire court. The witan had a criminal jurisdiction and could

imprison or outlaw a person. The witan could even compel the king to

return any land he might have unjustly taken. Especially punishable by

the king was "oferhyrnesse": contempt of the king's law. It covered

refusal of justice, neglect of summons to gemot or pursuit of thieves,

disobedience to the king's officers, sounding the king's coin,

accepting another man's dependent without his leave, buying outside

markets, and refusing to pay Peter's pence.

The forests were peculiarly subject to the absolute will of the

king. They were outside the common law. Their unique customs and laws

protected the peace of the animals rather than the king's subjects.

Only special officials on special commissions heard their cases.

The form of oaths for compurgation were specified for theft of

cattle, unsoundness of property bought, and money owed for a sale. The

defendant denied the accusation by sweating that "By the Lord, I am

guiltless, both in deed and counsel, and of the charge of which ...

accuses me." A compurgator swore that "By the Lord, the oath is clean

and unperjured which ... has sworn.". A witness swore that "In the name

of Almighty God, as I here for ... in true witness stand, unbidden and

unbought, so I with my eyes oversaw, and with my ears overheard, that

which I with him say."

If a theow man was guilty at the ordeal, he was not only to

give compensation, but was to be scourged thrice, or a second geld

[compensation] be given; and be the wite of half value for theows.

This lawsuit between a son and his mother over land was heard

at a shire meeting: "Here it is declared in this document that a shire

meeting sat at Aylton in King Cnut's time. There were present Bishop

AEthelstan and Earl Ranig and Edwin, the Earl's son, and Leofwine,

Wulfsige's son, and Thurkil the White; and Tofi the Proud came there on

the King's business, and Bryning the sheriff was present, and

AEthelweard of Frome and Leofwine of Frome and Godric of Stoke and all

the thegns of Herefordshire. Then Edwin, Enneawnes son, came traveling

to the meeting and sued his own mother for a certain piece of land,

namely Wellington and Cradley. Then the bishop asked whose business it

was to answer for his mother, and Thurkil the White replied that it was

his business to do so, if he knew the claim. As he did not know the

claim, three thegns were chosen from the meeting [to ride] to the place

where she was, namely at Fawley, and these were Leofwine of Frome and

AEthelsige the Red and Winsige the seaman, and when they came to her

they asked her what claim she had to the lands for which her son was

suing her. Then she said that she had no land that in any way belonged

to him, and was strongly incensed against her son, and summoned to her

kinswoman, Leofflaed, Thurkil's wife, and in front of them said to her

as follows: 'Here sits Leofflaed, my kinswoman, to whom, after my

death, I grant my land and my gold, my clothing and my raiment and all

that I possess.' And then she said to the thegns: 'Act like thegns, and

duly announce my message to the meeting before all the worthy men, and

tell them to whom I have granted my land and all my property, and not a

thing to my own son, and ask them to be witnesses of this.' And they

did so; they rode to the meeting and informed all the worthy men of the

charge that she had laid upon them. Then Thurkil the White stood up in

the meeting and asked all the thegns to give his wife the lands

unreservedly which her kinswoman had granted her, and they did so. Then

Thurkil rode to St. AEthelbert's minister, with the consent and

cognizance of the whole assembly, and had it recorded in a gospel book."

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 · 第 3 / 23 章