The laws of the earliest English kings

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THE LAWS

OF THE

EARLIEST ENGLISH KINGS

CAMBRIDGE UNIVERSITY PRESS

C. F. CLAY, Manager

LONDON : FETTER LANE, E.C. 4

NEW YORK • THE MACMILLAN CO.

BOMBAY

CALCUTTA . MACMILLAN AND CO., Ltd.

MADRAS

TORONTO : THE MACMILLAN CO. OF

CANADA, Ltd.
TOKYO: MARUZEN-KABUSHIKI-KAISHA

ALT. RIGHTS RESERVED

THE LAWS

OF THE

EARLIEST ENGLISH KINGS

EDITED AND TRANSLATED
BY

F. L. ATTENBOROUGH, M.A.

FELLOW OF EMMANUEL COLLEGE, CAMBRIDGE

CAMBRIDGE
AT THE UNIVERSITY PRESS

1922

a /v ^ 7/

PRINTED

PREFACE ■-'.■--

MORE than eighty years have elapsed since an English
edition of these Laws appeared, and great as were the
merits of Thorpe's work, I think it will be generally agreed
that a new edition is now required — not only because of the
additions which have been made to the knowledge of the
subject, but also because the work in question has long been
out of print and is now accessible to but few readers.

A substantial advance in certain respects was made by
R. Schmid's edition, Die Oesetze der Angelsachsen, especially the
second edition which appeared in 1858. Latterly, all previous
editions have been eclipsed by F. Liebermann's great work
(under the same title), which will long remain the standard
authority on the subject.

This book makes of course no attempt to compete with
Liebermann's edition. For those who desire to make a study
of the texts and their history, or to enter into a full discussion
either of the Laws themselves or of the terms which are em-
ployed therein, the latter is indispensable. There are however,
I am sure, many English readers interested in the early social
and constitutional history of our country, who through ignorance
of German are unable to use more than the text of the Laws
in Liebermann's work, and many others who, though they may
know German, cannot but be hampered by the very fulness of
the material offered and at the same time by the conciseness
with which the editor's explanations are expressed. It is
primarily for such students that the present work is intended.
But I would not let this opportunity pass without expressing
my deep sense of the obligations laid upon me — as upon all
students of our early history — by Professor Liebermann's monu-
mental work.

a3

VI PREFACE

I have endeavoured to keep the book within as small a
compass as possible. With this object in view the Latin transla-
tion is given only when the Anglo-Saxon original is lost, though
passages which may help to throw light on the meaning of
the original are quoted in the notes. For the same reason the
Tables of Contents and other preliminary matter found in
certain manuscripts have been omitted, and so also the long
Introduction to King Alfred's Law^s, which is of purely literary
interest and has no bearing on English Law. Variant readings
are recorded as a rule only when the sense is affected. The
notes are in general limited to a brief interpretation and com-
mentary upon the text. In the rather frequent instances however
when the translation or interpretation adopted differs from that
of previous editors, I have aimed at indicating their views, in
particular those of Liebermann, as well as my own.

In the divisions and numbering of the sections I have
followed the example of previous editors ; for though the system
is not entirely satisfactory, any new departure would involve
much inconvenience to the reader owing to the fact that the
references in dictionaries are based upon it. The new sections
introduced by Liebermann are in general an advantage and
have nearly always been adopted.

I have collated the more important manuscripts; but the
work of previous editors has been so well done, that I have
scarcely been able to add anything worth mentioning. I desire
however to express my cordial thanks to the Master and
Librarian of Corpus Christi College for the facilities they have
afiforded me for copying the manuscripts in the College library,
and to the Dean of Rochester and Mr F. H. Day for similar
services, as well as for their kind hospitality while I was working
in the Cathedral library.

I have also to express my obligations to the Master of
Emmanuel, Professor H. D. Hazeltine and the Rev. Professor
J. P. Whitney for giving me the benefit of their advice, and to
several friends who have been kind enough to assist me in

PEEFACE Vll

various ways. Among these I must mention Miss A.J.Robertson,
whose edition of the Laws from Edmund to Canute is now ap-
proaching completion, and especially Miss N. Kershaw, who has
given me valuable help in collatihg the manuscripts and in
revising the text of the Laws. But most of all my thanks are
due to Professor Chadwick. How great my obligations are to
him only those who have had the privilege of working under
him can form any idea. I have turned to him continually for
help in the innumerable difficulties I have met with, and but
for his constant and generous assistance I could hardly have
completed my task. I must also thank the Syndics of the
University Press for undertaking the publication of the book,
and the staff for the efficient and obliging way in which the
printing and corrections have been carried out.

F. L. A.

February, 1922.

CONTENTS

PREFACE .... ...

FAOE

V

LIST OF ABBREVIATIONS ....

xi

THE KENTISH LAWS ...

1

Introduction

2

The Laws of iEthelberht ....

4

The Laws of Hlothhere and Eadric .

18

The Laws of Wihtred

24

THE LAWS OF INE AND OF ALFRED

33

Introduction

34

The Laws of Ine

36

The Laws of Alfred

62

TREATIES WITH THE DANES .

95

Introduction

96

The Treaty of Alfred and Guthruni

98

The Laws of Edward and Guthrum

102

THE LAWS OF EDWARD THE ELDER AND OE

^THELSTAN . ...

111

Introduction

112

The Laws of Edward (I)

114

„ (II) ....

118

The Laws of ^thelsten (I) . . .

122

The Ordinance relating to Charities

126

The Laws of .ffilthelstan (II) .

126

(Ill) ....

142

„ (IV) ....

146

„ (V) . . . .

152

„ (VI) ....

156

CONTENTS

PAGE

APPENDIX I. (Of Incendiaries and those wlio secretly

compass Death) ... .170

APPENDIX II. (Decree concerning Hot Iron and Water) 170

NOTES:

To the Kentish Laws . . . . 175

To the Laws of Ine 183

To the Laws of Alfred .193

To the Treaties with the Danes . . 201

To the Laws of Edward . . .204

To the Laws of ^thelstan 206

INDEX . . .217

LIST OF ABBREVIATIONS

1. Anglo-Saxon Manuscripts. (See Liebermann, i. pp. xviiif.)

B Corpus Christi College, Cambridge, 383. Cf. pp. 35, 96, 97, 113.

Bu ...British Museum, Burney 277. Cf. p. 35.

D Corpus Christi College, Cambridge, 201. Cf. p. 113.

E Corpus Christi College, Cambridge, 173. Cf. p. 35.

G British Museum, Cotton Nero A i. Cf. p. 113.

H Textus Koffensis, Rochester Cathedral. Cf. pp. 3, 35, 97, 113.

Ld ...W. Lambarde, Ap;^a(oi'o/x(a ; see wader Editions.
Ot ...British Museum, Cotton Otho Bxi. Cf. p. 113.
So ...Canterbury Cathedral Library, B 2, n. 8. Cf. p. 113.

2. Manuscripts of the Latin version of the Laws known as Quadripartitus.
(See Liebermann, Olossar, s.v. Quadripartitus, and Vol. i. p. xxxviii,
LX. 17.)

Co ...{drca 1310) Corpus Christi College, Cambridge, 70.

K (circa 1310) British Museum, D n.

Or ...(circa 1330) Oriel College, Oxford, 46.

These three MSS form the 'London' group.
Br ...'Johannis Brompton Jorevallensis chronioon' (cf. Liebermann,

I. p. xix), probably 14th cent. ; preserved in two 15th cent.

MSS : Corpus Chi-isti College, Cambridge, 96; British Museum,

Tiberius C xiii.
Hk . . . (circa 1200) Holkham, no. 228, belonging to the Earl of Leicester.
M (circa 1150) Macro, formerly belonging to Dr Cox Macro and

now the property of the Gurney family at Keswick Hall, near

Norwich.

R (circa 1160) British Museum, Regius 11 B ll.

T (circa 1225) British Museum, Cotton Titus Axxvii.

.3. Editions. (See Liebermann, I. pp. xlvf.)

Ld W. Lambarde, Apxmovofua (London, 1568), republished

with additions by A. Wheelock (Cambridge, 1644).
Wilkiiis Leges Anglo-Sa.vonicx, edited by D. TVilkins (London,

1721).

Price 1

V An edition of the Laws prepared for the Commissioners

^ ' on the Public Records by Richard Price, but left un-

finished at his death in 1833 ; completed by B. Thorpe
and published under the title of Ancient Laws and
Institutes of England (London, 184C).

Schmid Die Oesetze der Angelsachsen by R. Schmid, 1st Edition,

Leipzig, 1832 ; 2nd Edition (revised and enlarged), 1858.

Liebermann... ZJie Gesetze der Angelsachsen by F. Liebermann (Halle,
190.3—1916).

XU LIST OF ABBREVIATIONS

4. Names of Kings.

A. &G.... Alfred and Guthrum. Edm Edmund.

Abt. ...JEthelberht. Bdw. Edward.

Alf Alfred. Edw. Conf. . . .Edward the Confessor.

As ^thelstan. H. & E Hlothhere and Eadric.

Athlr. . . .iEthelred. Henr Henry I.

Can. ...Canute. Wiht Wihtred.

E.&G.... Edward and Guthrum. Wm William.

Edg. ...Edgar.

5. Legal documents not bearing the names of kings.

Be Blaserum Be Blaserum and Be MorS-slihtum.

Be GritSe Be GriSe and Be Munde.

Dom Bom Be Hatan Isene and Wxtre.

Buns Ordinance respecting the Biinsxte.

Red Reetititdines Singularum Personarum.

6. The following also should be noted :

B. & T Bosworth and Toller, Anglo-Saxon Bictionary.

Cart. Sax Cartvlwrium Saajonicum, ed. Birch.

C.C.C Corpus Christi College, Cambridge.

Cod. Bip Codex Biplomaticus, ed. Kemble.

Lond The 'London' group of the Quadripartitus MSS.

Ord Ordinance of .^thelstan relating to Charities.

Pr. Preamble.

THE KENTISH LAWS

THE KENTISH LAWS

Three series of Kentish laws have been preserved. The
earliest are those of King ^thelberht I, who was reigning at
the time when the mission from Pope Gregory the Great, under
Augustine, arrived in the year 597.

To these laws Bede refers in the follo\ving passage {Hist.
Eccl. II. 5): Qui inter cetera bona, quae genti suae consulendo
conferebat, etiam decreta illi iudiciorum, iuxta exempla Roma-
norum, cum consilio sapientium constituit ; quae conscripta
Anglorum sermone hactenus habentur, et obseruantur ab ea. In
quibus primitus posuit, qualiter id emendare deberet, qui aliquid
rerum uel ecclesiae, uel episcopi, uel reliquorum ordinum furto
auferret; uolens scilicet tuitionem eis, quos et quorum doctrinam
susceperat, praestare.

The exact date at which the laws were issued is not certainly
known^ but it was evidently after .iEthelberht's conversion,
^thelberht died on February 24th, 616 (or more probably 617).

King Earconberht, grandson of ^Ethelberht, is said to have
issued laws, enforcing the destruction of images, and the observ-
ance of Lent, with penalties for those who refused to obey {Hist.
Eccl. III. 8); but these laws have not been preserved.

The second series of laws, which is still extant, bears the
names of Hlothhere, who reigned from 673 to 685 (or 686), and
Eadric, the son of Ecgberht, Hlothhere's brother and predecessor.
It is nowhere stated that these two kings reigned jointly.
According to Bede {ib. iv. 26) Hlothhere died of wounds, received
in battle against the South Saxons, whom Eadric had brought
against him. Eadric succeeded to the throne and reigned a year
and a half It is uncertain, therefore, whether Eadric had been
associated with his uncle for some time before the quarrel took
place, or whether he merely confirmed laws previously issued by
him.

The third code bears the name of Wihtred, brother of Eadric,
who succeeded to the throne after a few years, during which the
kingdom was ruled by reges dubii uel externi {ib. IV. 26). Among
these we know the names of two, Oswine and Swefheard, the

' Liebermann, lu. p. 2, gives 602-3. This is partly dependent on the date
604 for Augustine's death, for which of. Plummer, Baedae Opera Historica, ii.
p. 81.

THE KENTISH LAWS 3

atter of whom was, according to Birch, Cart. Sax. 42, a son of
Sebbe, king of Essex. The time was evidently one of great dis-
turbance in the south east of England. The Mercian power
seems to have temporarily broken down, and the kings of Essex,
Wessex, Sussex and Kent were all struggling for the mastery.
Wihtred succeeded in the autumn of 690 (cf Hist. Eccl. V. 23),
though Swefheard continued to reign along with him at least
until 692, and perhaps a year or two later (of Cart. Sax. 86, if
any reliance can be placed on this document). The laws appear
to have been issued in the autumn of 695, probably on September
6 (cf Liebermann, III. p. 24). Peace was made with Ine, king of
Wessex, in the preceding year, according to the Saxon Chronicle
(ann. 694); and it is worth noting that one of Wihtred's laws
(28) is practically identical with one of Ine's (20) — which points
to communication between the two courts.

The Kentish laws are preserved only in the Textus Roffensis
(H), which was written more than four centuries after the pro-
mulgation of Wihtred's Laws, and at least five centuries after
the time of .^thelberht. There is no Latin version in existence,
in the Quadripartitus or elsewhere, though translations of some
passages occur in the ' Laws of Henry I.'

Owing to the lateness of the MS the language of the laws
has been much modernised. But this process has not been carried
out consistently; the text presents a mixture of forms of various
periods from the seventh to the twelfth century. Many archaic
words occur, some of which are unknown elsewhere in English
(e.g. Imt), while others are found only in poetry or with specialised
meanings (e.g. dryhten, in other prose works applied only to God,
or eorl, in other prose works used only as a translation of the
Scandinavian term jarl). The construction of the sentences too,
especially in .lEthelberht's Laws, is of a primitive character.

The Laws of iEthelberht are of special interest as being the
earliest document written in the English language. Some poems
indeed, such as Beowulf, may have a longer history behind them,
but it is highly improbable that they were committed to writing
till a much later period. No other Teutonic language possesses
any original records of equal antiquity, apart from short inscrip-
tions. The remains of Gothic literature are indeed much older,
but they consist entirely of translations, while the laws of the
Continental Teutonic peoples, though they begin more than a
century before .^Ethelberht's reign, are written in Latin down
to comparatively late times.

1—2

^THELBEEHT

pis syndon )7a domas, ]>e -iESelbirht cyning asette on Augus-
tinus daege.

1'. Godes feoh 7 ciricean xii gylde. Biscopes feoh xi gylde.
Preostes feoh ix gylde. Diacones feoh vi gylde. Cleroces
feoh III gylde. CiricfriJ* 11 gylde. Maethl fril?^ 11 gylde.

2. Gif cyning his leode to him gehate]?, 7 heom mon Jjaer yfel
gedo, II bdte 7 cyninge L scillinga.

3. Gif cyning set mannes ham drincse]?, 7 Sser man lyswses
hwset gedo, twibote gebete.

4. Gif frigman cyninge stele, ix gylde forgylde.

5. Gif in cyninges tune man mannan ofslea, L scill' gebete.

6. Gif man frigne mannan ofsleah)?, cyninge l scill' to drihtin-
beage.

7. Gif cyninges ambihtsmi?S 0)7)76 laadrincmannan^ ofslehS,
meduman leodgelde forgelde.

8. Cyninges mundbyrd L scillinga.

9. Gif frigman freum steVp, iii gebete, 7 cyning age j'eet wite
7 ealle ]7a gehtan.

10. Gif man wis cyninges msegdenman gelige)?, L scillinga gebete.

11. Gif hio grindende jjeowa sio, xxv scillinga gebete. Sio
Jjridde xii scillingas.

1 The numbers of the chapters are not found in the MS.

2 M....friJ>. H. Letters between M and / erased. Msthl friff is found in a
copy of H (Cotton Julius C 11) made in 15^A[JJiebermann].

^ So Hickes. Written as three words. H.

^THELBERHT

These'* are the decrees which King ^thelberht established
in the lifetime of Augustine.

1. [Theft of] God's property and the Church's shall be compen-
sated twelve fold; a bishop's property eleven fold; a priest's
property nine fold ; a deacon's property six fold ; a clerk's
property three fold. Breach of the peace shall be compensated
doubly when it affects a church or a meeting place.

2. If the king calls hjs lieges --to him, and anyone molests them
there, he shall pay double compensation, and 50 shillings to
the king.

3. If the king is feasting at anyone's house, and any sort of
offence is committed there, twofold compensation shall be
paid.

4. If a freeman robs the king, he shall pay back a nine fold'
amount.

5. If one man slays another on the king's premises, he shall
pay' 50 shillings compensation^.

6. If a man slays a free man, he shall pay 50 shillings to the
king for infraction of his seiguorial rights'.

7. If [he] slays a smith in the king's service, or a messenger'
belonging to the king, he shall pay an ordinary wergeld^

8. The king's mundbyrd^ shall be 50 shillings.

9. If a freeman robs a freeman, he shall pay a three fold com-
pensation, and the king shall take the fine, or' all [the man's]
goods.

10. If a man lies with a maiden belonging to the king, he shall
pay 50 shillings' compens^tiop.

11. If she is a grinding slave, he shall pay 25 shillings compen-
sation. [If she is of the] third [class], [he shall pay] 12
shillings compensation.

* The reference numbers in the translation refer to notes at the end of the book

6 jETHELBEEHT

12. Cyninges fedesl xx scillinga forgelde.

13. Gif on eorles tune man mannan ofslaehj?, xii scill' gebete.

14. Gif wis eorles birele man gelige];, Xli scill' gebete.

15. Ceorles mundbyrd vi scillingas.

16. Gif wit5 ceorles birelan man geligej", vi scillingum gebete;
aet jjsere o]7ere Seowan L scsetta; aet J^are ]7riddan xxx
scastta.

17. Gif man in mannes tiin serest geirnej?, vi scillingum gebete;
se Ipe sefter irne]? iii scillingas; siStJan gehwylc scilling.

18. Gif man mannan wgpnum bebyrejj, tSser ceas weorS, 7 man
nsenig yfel ne gede)?, vi scillingum gebete.

19. Gif wegreaf sy ged(5n, vi scillingum gebete.

20. Gif man j^one man ofslsehS, xx scillingum gebete.

21. Gif man mannan ofslsehS, medume leodgeld c scillinga gebete.

22. Gif man mannan ofslaehS, set openum grsefe XX scillinga
forgelde, 7 in XL nihta ealne leod forgelde.

23. Gif bana of lande gewitej?, Sa magas healfiie leod forgelden.

24. Gif man frigne man gebinde)?', xx scill' gebete.

25. Gif man ceorlaes hlafsetan ofslsehS, vi scillingum gebete.

26. Gif Iset ofslsehS, J»one selestan Lxxx sell' forgelde ; gif jjane
o]?eme ofslsehS, LX scillingum forgelde; Sane J^riddan XL
scilUng forgelde ^

1 em. Hickes. gebi...eS. H. 2 em. Thorpe, forgelden,. H.

CAP. 12-26 7

12. 20 shillings shall be paid for killing afedesl^ belonging to
the king.

13. If one man slays another on the premises of a nobleman^,
he shall pay 12 shillings' compensation.

14. If a man lies with a nobleman's serving maid, he shall pay
12 shillings compensation.

15. A commoner's'' mundhyrd^ shall be 6 shillings.

16. If a man lies with a commoner's serving maid, he shall pay
6 shillings compensation; [if he lies] with a slave of the
second class, [he shall pay] 50 sceattas' [com^pensation] ; if
with one of the third class, 30 sceattas.

17. If a man is the first to make [forcible] entry into another
man's premises, he shall pay 6 shillings compensation. He
who comes next shall pay 3 shillings compensation ; and
afterwards each one shall pay a shilling.

18. If one man supplies another with weapons when a quarrel
is taking place, no injury however being inflicted', he [the
lender] shall pay 6 shillings compensation.

19. If highway robbery is perpetrated [with the aid of those
weapons], [the lender] shall pay 6 shillings compensation.

20. If the man' is slain, [the lender of the weapons] shall pay
20 shillings compensation.

21. If one man slays anothei', the ordinary' wergeld to be paid
as compensation shall be 100 shillings.

22. If one man slays another, he shall pay 20 shillings' before
the grave is closed, and the whole of the wergeld within
40 days.

23. If a homicide departs' from the country-, his relatives shall
pay half the wergeld.

24. If a man lays bonds on a freeman, he shall pay 20 shillings
compensation.

25. If a man slays the dependant' of a commoner, he shall pay
[the commoner] 6 shillings^ compensation.

26. If he slays a loet^ of the best class, he shall pay 80 shillings ;
if he slays one of the second class, he shall pay 60 shillings ;
[for slaying one of] the third class, he shall pay 40 shillings.

8 ^THELBERHT

27. Gif friman edorbrec]?e gede)?, vi scillingum gebete.

28. Gif man inne feoh genime]?, se man III gelde gebete.

29. Gif friman edor gegangeS, mi scillingum gebete.

30. Gif man mannan ofslea, agene scsette 7 unfacne feo gehwilce
gelde.

31. Gif friman wifS fries mannes wif gelige)?, his wergelde abicge,
7 oSer wif his agenum scsette begete 7 Ssem o5rum set ham^
gebrenge.

32. Gif man rihthamscyld^ JjurhstinS, mid weorSe forgelde.

33. Gif feaxfang geweorS, L sceatta to bote.

34. Gif banes blice weorSe]?, Ill scillingum gebete.

35. Gif banes bite weortS, iiii scillingum gebete.

36. Gif sio uterre hion gebrocen worSe]?, x scillingum gebete.

37. Gif butu sien, xx scillingum gebete.

08. Gif eaxle gelsemed weor]7e?5, xxx scill' gebete.

39. Gif oj^er eare nowiht^ gehereS, xxv scill' gebete.

40. Gif eare of weorS aslagen, xii scill' gebete.

41. Gif eare |>irel weorSe)?, iii scill' gebete.

42. Gif eare sceard weorSeJ?, vi scill' gebete.

43. Gif eage of weorS, L scillinga gebete.

44. Gif mutS o)?f>e eage woh weortSe)?, xii scill' gebete.

45. Gif nasu 6yrel weorS, vim scillingum gebete.

^ em. Hiokes. Jiaw,. H.

2 riht harmcyld. H. — Thorpe and Schmid write as two words; Liebermann as
one.

' The original reading. Altered into nawiht.

CAP. 27-45 9

27. If a freeman breaks the fence round [another man's] enclo-
sure, he shall pay 6 shillings^ compensation.

28. If any property be seized therein, the man shall pay a three
fold compensation.

29. If a freeman makes his way into^ a fenced enclosure, he shall
pay 4 shillings compensation.

30. If one man slays another, he shall pay the wergeld with his
own money and property (i.e. livestock or other gOods) which
whatever its nature must be free from blemish [or damage].

31. If [one] freeman lies with the wife of [another] freeman, he
shall pay [the husband] his [or her]^ wergeld, and procure a
second wife with his own money, and bring her to the other
man's home.

32. If anyone damages^ the enclosure^ of a dwelling, he shall
pay according to its value.

33. For seizing a man by the hair, 50 sceattas shall be paid as
compensation.

34. If a bone is laid bare, 3 shillings shall be paid as compensa-
tion.

35. If a bone is damaged, 4 shillings shall be paid as compensa-
tion.

36. If the outer covering of the skull^ is broken, 10 shillings shall
be paid as compensation.

37. If both are broken, 20 shillings shall be paid as compensation.

38. If a shoulder is disabled, 30 shillings shall be paid as com-
pensation.

39. If the hearing of either ear is destroyed, 25 shilhngs shall
be paid as compensation.

40. If an ear is struck off, 12 shillings shall be paid as compen-
sation.

41. If an ear is pierced, 3 shillings shall be paid as compensation.

42. If an ear is lacerated, 6 shillings shall be paid as compensation.

43. If an eye is knocked out, 50 shillings shall be paid as com-
pensation.

44. If the mouth or an eye is disfigured, 12 shillings shall be
paid as compensation.

45. If the nose is pierced, 9 shillings shall be paid as compensa-
tion.

10 jETHELBEEHT

46. Gif hit sio an hleore, iii scill' gebete.

47. Gif butu Syrele sien, vi scill' gebete.

48. Gif nasu selcor sceard weorS, gehwylc vi scill' gebete.

49. Gif Sirel weor]?, vi scill' gebete.

50. Se ]>e cinban forslsehS, raid xx scillingum forgelde.

51. Mt J^am feower totSum fyrestum, set gehwylcum VI scillingas;
se toJ> se Jeanne bistandej> mi scill'; se Se Sonne bi Sam
stande)» iii scill'; ond^ j^onne sij'j'an gehwylc scilling.

52. Gif spraec awj^d weorJ>, Xli scillingas.

§1. Gif widobane gebroced weorSe]?, vi scill' gebete.

5.3. Se pe earm JJurhstinS, VI scillingum gebete.
§ 1. Gif earm forbrocen weorS, vi scill' gebete.

54. Gif J>uman ofaslsehS, XX scill'.

§1. Gif Suman nsegl of weorSe]?, Ill scill' gebete.

§ 2. Gif man scytefinger ofaslashS, vim scill' gebete.

§ 3. Gif man middelfinger ofaslsehS, mi scill' gebete.

§ 4. Gif man goldfinger ofaslsehS, vi scill' gebete.

§ 5. Gif man )7one lytlan finger ofastehS, XI scill' gebete.

55. Mt J>am neglum gehwylcum scilling.

56. ^t ]?am Iserestan wlitewamme III scillingas ond^ set J?am
maran VI scill'.

57. Gif man o);eme mid fyste in naso slsehS, iii scill'.

^ Liebermann suggests a word may be missing here.
^ Altered to and .

CAP. 46-57 11

46. If it is one cheeky 3 shillings shall be paid as compensation.

47. If both are pierced, 6 shillings shall be paid as compensation.

48. If the nose is lacerated otherwise [than by piercing], 6 shil-
lings shall be paid as compensation, for each laceration.

49. If it' is pierced, 6 shillings shall be paid as compensation.

50. He who smashes a chin bone, shall pay for it with 20 shil-
lings.

51. For each of the 4 front teeth, 6 shillings [shall be paid as
compensation] ; for each of the teeth which stand next to
these, 4 shillings [shall be paid as compensation]; then for
each tooth which stands next to them, 3 shillings [shall be
paid as compensation] ; and beyond that 1 shilling [shall be
paid as compensation] for each tooth.

52. If the power of speech is injured, 12 shillings [shall be paid
as compensation].

§ 1. If a collar bone is injured, 6 shillings shall be paid as
compensation.

53. He who pierces an arm shall pay 6 shillings compensation.
§ 1. If an arm is broken, 6 shillings shall be paid as com-
pensation.

54. If a thumb is struck off, 20 shillings [shall be paid as com-
pensation].

§ 1. If a thumb nail is knocked off, 3 shillings shall be paid
as compensation.

§ 2. If a man strikes off a forefinger, he shall pay 9 shillings
compensation.

§ 3. If a man strikes off a middle finger, he shall pay 4 shil-
lings compensation.

1 4. If a man strikes off a ' ring finger,' he shall pay 6 shil-
lings compensation.

§ 5. If a man strikes off a little finger, he shall pay 11 shil-
lings compensation.

55. For the nails of each [of the above-mentioned fimgers],
1 shilling [shall be paid as compensation].

56. For the slightest disfigurement, 3 shillings, and for a greater
6 shillings [shall be paid as compensation].

57. If one man strikes another on the nose with his fist, 3 shil-
lings [shall be paid as compensation].

12 iETHELBERHT

58. Gif dynt sie, scilling.

§ 1. Gif he heahre handa dyntes onfehS, scill' forgelde.

59. Gif dynt sweart sie buton wsedum, xxx scsetta gebete.

60. Gif hit sie binnan wsedum, gehwylc xx scaetta gebete.

61. Gif hrifwund weorSe]?, xil scill' gebete.

§ 1. Gif he J?urh(Sirel weorSe]?, xx scill' gebete.

62. Gif man gegemed weorSe]?, xxx scill' gebete.

63. Gif man cearwund sie, xxx scill' gebete.

64. Gif man gekyndelice lim awyrde]?, J^rym leudgeldum hine
man forgelde.

§ 1. Gif he ]?urhstinS, vi scill' gebete.

§ 2. Gif man inbestinS, VI scill' gebete.

65. Gif ]7eoh gebrocen weorSe]?, xii scillingum gebete.
§ 1. Gif he healt weortS, ]78er mo tan freond seman.

66. Gif rib forbroeen weorS, iii scill' gebete.

67. Gif man )>eoh 5urhstingJ», stice gehwilce vi seillingas.

§1. Gyfe ofer ynce scilling, aet twam yncum twegen, ofer
|?ry in sell'.

68. Gif waelt wund weorSe]?, in seillingas gebete.

69. Gif fot of weorSe]?, L scillingum forgelde ^

70. Gif seo micle^ ta of weor?SeJ>, X sell' forgelde \

71. .^t J»am oSrum taum gehwilcum healf gelde, ealswa set J^am
fingrum ys cwiden.

1 em. Hickes. forgelden, H.
^ Altered to mycle.

CAP. 58-71 13

58. If it leaves a bruise, 1 shilling [shall be paid as compensation].
§1. If the blow is received with uplifted hand, a shilling

shall be paid.

59. If it leaves a black bruise [showing] outside the clothes,
30 sceattas shall be paid as compensation.

60. If it [the bruise] is under the clothes, 20 sceattas shall be
paid as compensation for each [bruise].

61. If the belly is wounded, 12 shillings shall be paid as com-
pensation.

§ 1. If it be pierced through, 20 shillings shall be paid as
compensation.

62. If a man receives medical treatment, 30 shillings shall be
paid as compensation.

63. If a man is severely(?) wounded^ 30 shillings shall be paid
as compensation.

64. If anyone destroys the generative organ, he shall pay for it
with three times the wergeld.

§ 1. If he pierces it right through, he shall pay 6 shillings
compensation.

§ 2. If he pierces it partially, he shall pay 6 shillings com-
pensation.

65. If a thigh is broken, 12 shillings shall be paid as compen-
sation.

§ 1. If he becomes lame, the settlement of the matter may
be left to friends^

66. If a rib is broken, 3 shillings shall be paid as compensation.

67. If a thigh is pierced right through, 6 shillings compensation
shall be paid for each stab [of this kind].

§1. For a stab over an inch [deep]', 1 shilling; for a stab
between 2 and 3 inches [deep], 2 shillings ; for a stab
over 3 inches [deep], 3 shillings [shall be paid as com-
pensation].

68. If a sinew is wounded, 3 shillings shall be paid as compen-
sation.

69. If a foot is struck off, 50 shillings shall be paid for it.

70. If the big toe is struck off, 10 shillings shall be paid for it.

71. For each of the other toes, [a sum] equal to half that laid
down for the corresponding fingers shall be paid.

14 ^THELBEEHT

72. Gif )7are mycclan taan nsegl of weorJ'eS, XXX scaetta to bote.
§ 1. Mt )7am o]?rum gehwilcum x scsettas gebete.

73. Gif friwif locbore leswses hwset gedej», xxx sell' gebete.

74. Maegjjbot sy swa friges mannes.

75. Mund J^are betstan widuwan eorlcundre L scillinga gebete.

§ 1. Dare oj^re xx sell', Sare J7riddan xii sell', )»are feor?5aii
VI sell'.

76. Gif man widuwan unagne genimej', ii gelde seo mund sy.

77. Gif mon mseg)? gebiged, ceapi geeeapod sy, gif hit unfacne is.

§ 1. Gif hit ]7onne facne is, eft^ pser set ham gebrenge, 7 him
man his scaet agefe.

78. Gif hio ewic beam gebyre]?, healfne scaet age, gif ceorl ser
swylte)>.

79. Gif mid beamum bugan wille, healfne scaet age.

80. Gif ceorl agan wile, swa an beam.

81. Gif hio beam ne gebyrej?, fsederingmagas fioh agan 7
morgengyfe.

82. Gif man mseg)?mon nede genime)»: Sam agende L scillinga
7 eft a3t Jjam agende sinne willan setgebicge.

83. Gif hio o]?rum maen in seeat bewyddod sy, XX scillinga gebete.

84. Gif gaengang geweorSe)?, xxxv seill' 7 cyninge xv seillingas.

85. Gif man mid esnes ewynan gelige}' be ewicum ceorle, 11 gebete.

' em. Thorpe, ef. H.

CAP. 72-85 15

72. If the nail of the big toe is knocked off, 30 sceattas shall be
paid as compensation.

§ 1. 10 sceattas shall be paid as compensation for the loss of
each of the other toenails.

73. If a freeborn' woman, with long hair, misconducts herself,
she" shall pay 30 shillings as compensation.

74. Compensation [for injury] to be paid to^ an unmarried
woman, shall be on the same scale as that paid to a freeman.

75. The compensation to be paid for violation of the mund^ of
a widow of the best class, [that is, of a widow] of the nobility,
shall be 50 shillings.

§ 1. For violation of the mund of a widow of the second class,
20 shillings; of the third class, 12 shillings; of the fourth
class, 6 shillings.

76. If a man takes a widow who does not [of right] belong to
him, double the value of the mund shall be paid.

77. If a man buys a maiden, the bargain shall stand, if there is
no dishonesty.

§ 1. If however there is dishonesty, she shall be taken back
to her home, and the money shall be returned to him.

78. If she bears a living child, she shall have half the goods left
by her husband, if he dies first.

79. If she wishes to depart with her children, she shall have
half the goods.

80. If the husband wishes to keep [the children], she shall have
a share of the goods equal to a child's.

81. If she does not bear a child, [her] father's relatives shall
have her goods, and the " morning gift^"

82. If a man forcibly carries off a maiden, [he shall pay] 50 shil-
lings to her owner, and afterwards buy from the owner his
consents

83. If she is betrothed, at a price, to another man, 20 shillings
shall be paid^ as compensation.

84. If she is brought back, 35 shillings shall be paid', and
15 shillings to the king.

85. If a man lies with the woman of a servant, during the life-
time of the husband, he shall pay a twofold compensation.

16 jETHELBERHT

86. Gif esne oj^erne ofslea unsynnigne, ealne weorSe forgelde.

87. Gif esnes eage 7 foot of weorSe]? aslagen, ealne weor]?e hine
forgelde.

88. Gif man mannes esne gebinde]?, vi sell' gebete.

89. Deowses wegreaf se ill scillingas.

90. Gif l^eo' stele);, 11 gelde gebete.

^ w added in a different hand.

CAP. 86-90 17

86. If one servant slays another, who has committed no offence,
he shall pay his full value.

87. If the eye and^ foot of a servant are destroyed [by blows],
his full value shall be paid.

88. If a man lays bonds on another man's servant, he shall pay
6 shillings compensation.

89. The sum to be paid for^ robbing a slave on the highway
shall be 3 shillings.

90. If a slave steals, he shall pay twice the value [of the stolen
goods], as compensation.

18

HLOTHHEKE and EADEIC

pis syndon J>a domas Se HloJ^hsere 7 Eadric, Cantwara cy-
ningas, asetton.

HloJ^hsere 7 Eadric, Cantwara cyningas, ecton pa eS, pa, Se
heora aldoras eer geworhton, Syssum domum pe hyr efter ssege)?.

1. Gif mannes esne eorlcundne mannan ofslsehS pane Se sio
]7reom hundum sell' gylde, se agend J^one banan agefe 7 do
pasr J^rio manwyr?? to.

2. Gif se bane o|»byrste, feorj^e manwyrS he to gedo 7 hine
gecsenne mid godum aewdum j^set he Jjane banan begeten
ne mihte.

3. Gif mannes esne frigne mannan ofslaehS J>ane pe sie hund
scillinga gelde, se agend ]7one banan agefe 7 oj^er manwyrS
}»8er t6.

4 Gif bana o)»byrste, twam manwyrj^um hine man forgelde 7
hine geceenne mid godum sewdum J^set he J^ane banan be-
geten ne mihte.

5. Gif frigman mannan forstele, gif he efb cuma stermelda,
secge an andweardne. Gecasnne hine, gif he msege : hsebbe
]7are freora rim sewda manna 7 senne mid in aj^e, seghwilc
man, set J^am tune pe he tohyre ; gif he )?8et ne msege, gelde
swa he genoh d.ge\

6. Gif ceorl acwyle be libbendum wife 7 beame, riht is ]?aet
hit, piet beam, medder folgige ; 7 him mon an his faedering-
magum wilsumne berigean geselle^ his feoh to healdenne,
op )7£et he X wintra sie.

7. Gif man ojjrum m^n feoh forstele, 7 se agend hit eft aetfd,
geteme to cynges sele, gif he maege, 7 ]?one setgebrenge pe
him sealde ; gif he ]7set ne msege, Isete dn, 7 fo se agend to.

1 em. Wilkins. gono hdge. H. ^ em. Hickes. gefelle. H.

19

HLOTHHERE and EADRIC

These are the decrees which Hlothhere^ and Eadric, Kings
of Kent, established.

Hlothhere and Eadric, Kings of Kent, extended the laws which
their predecessors had made.by the decrees which are stated below.

1. If a man's servant slays a nobleman, whose wergeld is 300
shillingsS his owner shall surrender the homicide and pay
the value of three men^ in addition.

2. If the homicide escapes, he shall add thereto the value of a
fourth man and prove by good witnesses that he has not
been able to lay hands on the homicide.

3. If a man's servant slays a freeman whose wergeld is 100
shillings, his owner shall surrender the homicide and [pay]
the value of another man in addition.

4. If the homicide escapes, [his owner] shall pay for him with
two wergelds and prove by good witnesses that he has not
been able to lay hands on the homicide.

5. If a freeman steals a man, and if he [who has been stolen]
returns as informer, he shall accuse him to his face; and he
[the thief] shall clear himself if he can. And every man
involved in such a charge shall have a number' of free
witnesses, and one^ [at least] of his witnesses' from the
village to which he himself belongs*. If he cannot do this^
he must pay to the best of his ability.

6. If a man dies leaving a wife and child, it is right, that the
child should accompany^ the mother''; and one of his father's
relatives who is willing to act, shall be given him as his
guardian to take care of his property, until he is ten'' years
old.

7. If one man steals property from another, and the owner
afterwards reclaims' it, he [who is in possession] shall bring
it to the king's residence, if he can, and produce the man
who sold it him. If he cannot do that, he shall surrender it,
and the owner shall take possession [of it].

2—2

20 HLOTHHERE AND EADEIC

8. Gif man o]7eme sace tihte 7 he j^ane mannan mote an medle
oj>pe an ]>mge, symble se man ]?am oSrum byrigean geselle
7 ]>am riht awyrce ]>e to hiom Cantwara deman gescrifen.

9. Gif he Sonne byrigan forwseme, xil scillingas agylde J»am
cyninge, 7 sio seo' sacy swa open swa hio ser wes.

10. Gif man o]7eme tihte, siJ'J'an he him byrigan gesealdne
haebbe, Sonne'' ymb III niht gesecsen hiom ssemend, buton
J>am ufor leofre sio ]>e ^a, tihtlan age. SiJ»]?an sio sace ge-
semed sio ; an seofan nihtum se man ]>si,m oj^rum riht gedo,
gecwime an feo oSSe an ape, swa hwseder swa him leofre sio.
Gif he ]7onne ]?set nille, gelde J^onne c buton aSe, sippan ane
neaht ofer peet gesem bie*.

11. Gif man mannan an oJ>res flette manswara hate]? oSSe hine
mid bismserwordum scandlice grete, scilling agelde J»am pe
pBet flet age, 7 vi scill' J^am pe he pset word to gecwsede, 7
cyninge xii sell' forgelde.

12. Gif man o)7rum steop asette Sser maen drincen, buton scylde,
an eald riht sell' agelde J^am pe pset flet age, 7 vi sell' pam
pe man J^one steap aset, 7 cynge xii sell'.

13. Gif man wsepn abregde paar msen drincen 7 Sser man nan
yfel ne de]?, scilling pan. pe );set flet age, 7 cyninge xii sell'.

14. Gif pBSit flet geblodgad wjn-]7e, forgylde pern, msen his mund-
byrd 7 cyninge L scill'.

15. Gif man cuman feormae)? iii niht an his agenum hame,
cepeman oppe oSerne pe sio ofer mearce cuman, 7 hine
)?onne his mete fede, 7 he poiuie aenigum msen yfel gedo, se
man pane oSeme set rihte gebrenge oppe riht forewyrce.

' em. Liebermann. sio. Thorpe, se. H.
^ em. Liebermann. 7 Sonne. H.
2 em. Hiokes and Edd. hie. H.

CAP. 8-15 21

8. If one man brings a charge against another, and if he meets^
the man [whom he accused], at an assembly^ or meeting^
the latter shall always provide the former with a surety, and
render him such satisfaction as the judges of Kent shall
prescribe for them'.

9. If, however, he refuses to provide a surety, he shall pay
12 shillings to the king, and the suit^ shall be considered
as open as it was before.

10. If one man charges another, after the other has provided
him with a surety, then three days later they shall attempt
to find an arbitrator, unless the accuser prefers a longer
delay. Within a week after the suit has been decided by
arbitration, the accused shall render justice to the other
and satisfy him with money, or with an oath, whichever
he [the accused'] prefers. If, however, he is not willing to
do this, then he shall pay 100 shillings, without [giving] an
oath, on the day after the arbitration.

11. If one man calls another a perjurer in a third man's house,
or accosts him abusively with insulting words ^ he shall pay
one shilling to him who owns the house, 6 shillings to him
he has accosted, and 12 shillings to the king.

12. If, where men are drinking, one man takes away the stoup
of another, who has committed no offence, he shall pay, in
accordance with established custom', a shilling to him who
owns the house, 6 shillings to him whose stoup has been
taken away, and 12 shillings to the king.

13. If, where men are drinking, a man draws his weapon, but
no harm is done' there, he shall pay a shilling to him who
owns the house, and 12 shillings to the king.

14. [But] if the house is stained with blood, the owner shall have
his mundhyrd paid to him, and 50 shillings shall be paid to
the king.

15. If a man entertains a stranger (a trader or anyone else who
has come over the border') for three days in his own home,
and then supplies him with food from his own store, and [if]
he [the stranger] then does harm to anyone, the man^ shall
bring the other to justice, or make amends on his behalf

22 HLOTHHEEE AND EADRIC

16. Gif Cantwara senig in Lundenwic feoh gebycge, hsebbe him
J^onne twegen o85e 5reo unfacne ceorlas to gewitnesse 0)7)76
cyninges wicgerefan.

§ 1. Gif hit man eft set )7am maen in Csent setfd, )7onne tseme
he to wic to cyngses sele to )7am maen 6e him sealde, gif
he )'ane wite 7 set Ipam teame gebrengen masge.

§ 2. Gif he ]>tet ne msege, gekj]>e Sanne in wiofode mid his
gewitena anum o]>pe mid cyninges wicgerefan, )7set he
]>set feoh undeomunga his cu)7an ceape in wic gebohte ;
and him man Jeanne his weorS agefe.

§ 3. Gif he Jeanne Jiset ne masge gecy)7an mid rihtre canne,
Isete )7anne an, 7 se agend tofd.

CAP. 16 23

16. If a man of Kent buys property' in London, he shall have

two or three trustworthy men, or the reeve of the king's

estate, as witness.

§ 1. If afterwards it is claimed' from the man in Kent, he
shall summon as witness, to the king's residence in
London^ the man who sold it him, if he knows him and
can produce him as warrant for the transaction.

§ 2. If he cannot do so, he shall declare on the altar, with
one of his witnesses or with the reeve of the king's
estate S that he bought the property openly in London,
and with goods known to be his'', and the value [of the
property] shall be returned to him.

§ 3. If, however, he cannot prove that' by lawful declaration,
he shall give it up, and the owner shall take possession
of it.

24

WIHTEED

Dis syad Wihtrsedes domas Cantwara cyninges.

Dam mildestan cyninge Cantwara Wihtraede rixigendum J'e
fiftan wintra his rices, J»y niguSan gebanne, sextan dsege Kugemes,
in J»8ere stowe ]>y hatte Berghamstyde, Sser wses gesamnad eadigra
ge]?eahtendlic' ymcyme. DserwsesBirhtwald.Bretone heahbiscop,
7 se ser nsemda cjrQing ; eac J^an Hrofesceastre bisceop (se ilea
Gybmund wses haten) andward wass ; 7 cwseS selc had ciricean
Ssere mse^e anmodlice mid ])y hersuman folcy.

Daer Sa eadigan fundon mid eaba gemedum 5as domas 7
Cantwara rihtum J^eawum secton, swa hit hyr efter sege]> 7 cwy)?:

1. Cirice an freolsdome' gafola;

§ 1. 7 man for cyning gebidde, 7 hine buton neadhsese heora
willum weorJ»igen.

2. Ciricean mundbyrd sie L sell' swa cinges.

3. Unrihthaemde maen to rihtum life mid synna hreowe tofon
o]>]>e of ciricean geraanan' ascadene sien.

4. jEltheodige msen, gif hio hiora hsemed rihtan nyllaS, of lande
mid hiora sehtum 7 mid synnum gewiten ;

1 1. swsese msen in leodum ciriclicses gemanan ungestrodyne
]7oligen.

A

5. Gif Jjses geweorJ>e gesij^cundne mannan ofer j^is gemot, J'set
he unriht hsemed genime ofer cyngses bebod 7 biseopes 7
boca dom, se J>8et gebete his dryhtne c sell' an aid reht.

1 1. Gif hit ceorlisc man sie, gebete L sell' ; 7 gehwseder
)>8et hsemed mid hreowe forlsete.

1 em. Thorpe, geheahtendlic. H.

2 anf reals dome. H. Sohmid, following Wilkins, writes Cmccaw/rcojsdomc;
Liebermann, as above.

3 em. Wilkins. genaman. H.

25

WIHTRED

These are the decrees of Wihtred^, King of Kent.

During the sovereignty of Wihtred, the most gracious king
of Kent, in the fifth year of his reign, the ninth Indiction^ the
sixth day of Rugern*, in a place which is called Barham^, there
was assembled a deliberative council of the notables. There were
present there Berhtwald, the chief bishop of Britain, and the
above-mentioned king ; the bishop of Rochester, who was called
Gefmund ; and every order of the Church of the province ex-
pressed itself in unanimity with the loyal laity [assembled there].

There the notables, with the consent of all, drew up these
decrees, and added them to the legal usages of the people of
Kent, as is hereafter stated and declared :

1. The Church shall enjoy ^ immunity from taxation.

§ 1. The king shall be prayed for, and they^ shall honour
him freely and without compulsion.

2. The mundhyrd^ of the Church shall be 50 shillings like the
king's.

3. Men living in illicit unions shall turn to a righteous life
repenting of their sins, or they shall be excluded from the
communion of the Church.

4. Foreigners, if they will not regularise their unions, shall de-
part from the land^ with their possessions and with their sins.
§ 1. Men of our own country also shall be excluded from the

communion of the Church, without being subject to
forfeiture of their goods.

5. If after this meeting, a nobleman^ presumes^ to enter into
an illicit union, despite the command of the king and the
bishop, and the written law^ he shall pay 100 shillings com-
pensation to his lord, in accordance with established custom*.
§ 1. If a commoner does so, he shall pay 50 shillings com-
pensation; and [in] either [case the offender] shall desist
from the union, with repentance.

26 WIHTRED

6. Gif priost Isefe unriht hsemed o]>]>e fulwihte^ untrumes for-
sitte o]>^e to ]Jon druncen sie >set he ne msege, sio he stille
his ]>egnung8e o]> biscopes d(5m.

7. Gif bescoren man steorleas gange him an gestlitSnesse, gefe
him man senes ; 7 ]>set ne geweorSe, buton he leafnesse habbe,
]>set hine man Iseng feormige.

8. Gif man his msen an wiofode freols gefe, se sie folcfry ; freols-
gefa age his erfe sende wergeld 7 munde J?are hina, sie ofer
mearce Sser he wille.

9. Gif esne ofer dryhtnes hsese ]?eowweorc wyrce an sunnan
aefen efter hire setlgange o]> monan sefenes setlgang, LXXX
scaetta^ se dryhtne gebete.

10. Gif esne dej? his rade J^aes dseges, vi se wis dryhten gebete
oj^J^e sine hyd.

11. Gif friman J^onne an Sane forbodenan timan, sio he heals-
fange scyldig; 7 se man se j^aet arasie, he age healf ]>Eet wite
7 Saet weorc.

12. Gif ceorl buton wifes wisdome deoflum gelde, he sie ealra
his sehtan scyldig 7 healsfange. Gif butwu deoflum gelda]?,
sion hio healsfange scyldigo 7 ealra sehtan.

13. Gif Jjeuw deoflum gelda)?, vi sell' gebete o]>]>e his hyd.

14. Gif mon his heowum in fsesten flsesc gefe, frigne ge ]?eowne
halsfange alyse.

15. Gif ]7eow ete his sylfes rsede, vi sell' o]>pe his hyd.

16. Biscopes word 7 cyninges sie unlsegne buton a\>e.

1 em. Thorpe. fulwihSe. H. 2 sgjj>_ h_

CAP. 6-16 27

6. If a priest consents to an illicit union, or if he neglects the
baptism of a sick man, or is too drunk to discharge this duty,
he shall abstain from his ministrations, pending a decision
from the bishop.

7. If a tonsured man, [who is] not under ecclesiastical dis-
cipline^ wanders about looking for hospitality, once" [only]
shall it be granted to him, and unless he has permission, he
shall not be entertained fiarther.

8. If anyone grants one of his men freedom on the altar, his
freedom shall be publicly recognised^; [but] the emancipator
shall have his heritage and his wergeld, and the guardian-
ship of his household, wherever he [the freed man] may be,
[even if it be] beyond the border.

9. If a servant, contrary to his lord's command, does servile
work between sunset on Saturday evening and sunset on
Sunday evening, he shall pay 80 sceattas' to his lord.

10. If a servant makes a journey' of his own [on horseback] on
that day, he shall pay 6 shillings compensation to his lord
or undergo the lash.

11. If a freeman works during the forbidden time, he shall forfeit
his healsfang^, and the man who informs against him shall
have half the fine, and [the profits arising from] the labour.

12. If a husband, without his wife's knowledge, makes offerings
to devils, he shall forfeit all his goods or his healsfang. If
both [of them] make offerings to devils they shall forfeit
their healsfangs or^ all their goods.

13. If a slave makes offerings to devils, he shall pay 6 shillings
compensation or undergo the lash.

14. If a man gives meat to his household during a fast, he shall
redeem [each of them], both bond and free, by payment of
his [own] healsfang.

15. If a slave eats of his own free will, he shall pay 6 shillings
compensation or undergo the lash.

16. A bishop's or a king's word, [even] though unsupported by
an oath, shall be incontrovertible.

28 WIHTEED

17. Mjmstres aldor hine csenne in preostes canne.

18. Preost hine clsensie sylfses soj^e, in his halgum hraegle aet-
foran wiofode Sus cwej^ende " Veritatem dico in Christo, non
mentior." Swylce diacon hine clsensie.

19. Cliroc feowra sum hine clsensie his heafodgemacene 7 ana
his hand on wiofode ; o}?re setstanden, aj? ahycgan.

20. Gest hine clsensie sylfes a]>e on wiofode; swylce cyninges
tSegn^

21. Ceorlisc man hine feowra sum his heafodgemacene on weo-
fode ; 7 Sissa ealra atS sie unlegnse.

§ 1. Danne is cirican canne riht :

22. Gif man biscopes esne tihte o]>pe cyninges, csenne hine an
gerefan hand ; o]>]>e hine gerefa clensie oJ^J^e selle to swing-
anne.

23. Gif man gedes )>euwne esne in heora gemange tihte, his
dryhten hine his ane aj^e geclsensie, gif he huslgenga sie ;
gif he huslgenga nis, hsebbe him in ape oSirne sewdan godne
o]>]>e gelde op]>e selle to swinganne.

24. Gif folcesmannes esne tihte ciricanmannes esne, o]7)»e ciri-
canmannes esne tihte folcesmannes esne, his dryhten hiae
ane his ape geclensige.

25. Gif man leud ofslea an ]7eoff5e, liege buton wyrgelde.

26. Gif man frigne man set hsebbendre handa gefo, ]>anne wealde
se cyning Sreora anes ; oS?Se hine man cwelle oppe ofer sse
selle ojjj^e hine his wergelde alese.

§ 1. Se Jje hine gefo 7 gegange, healfne hine age ; gif hine
man cwelle, geselle heom man Lxx sell'.

'■ em. Liebeimann. deng. H.

CAP. 17-26 29

17. The head of a monastery shall clear himself by the formula
used by a priest.

18. Apriest shall clear himself by his own asseveration, [standing]
in his holy garments before the altar and declaring as follows
" Veritatem dico in Christo, non mentior." A deacon shall
clear himself in a similar way.

19. A clerk shall clear himself with [the support of] three of his
own class^, he alone^ [having] his hand on the altar. The
others shall attend for the purpose of validating the oath*-

20. A stranger shall clear himself by his own oath, at the altar.
A king's thegn [shall clear himself] in the same way.

21. A commoner may clear himself at the altar, with three of
his own class ; and the oath of all these [collectively] shall
be incontrovertible.

§ 1. The Church has further prerogatives with regard to
expurgation, [which are] as follows :

22. If a servant of a bishop or of the king is accused, he shall
clear himself by the hand of the reeve. The reeve shall either
exculpate him or deliver him up to be scourged.

23. If anyone brings an accusation against a bond servant of a
company^ in presence of the company, his lord shall clear
him by his own oath'' if he (the lord) is a communicant'.
If he is not a communicant he shall get a second* good
witness [to support him] in the oath, or pay [the fine] or
deliver him up to be scourged.

24. If a layman's servant accuse the servant of an ecclesiastic,
or if an ecclesiastic's servant accuse the servant of a layman,
his lord shall clear him by his own oath".

25. If anyone slays a man in the act of thieving, no wergeld
shall be paid for him.

26. If anyone catches a fi-eeman in the act of stealing, the king
shall decide which of the following three courses shall be
adopted — whether he shall be put to death, or sold beyond
the sea, or held to ransom for his wergeld.

§ 1. He who catches and secures him, shall have half his
value. If he is put to death, 70 shillings^ shall be paid
to him.

30 WIHTBED

27. Gif J^euw stele 7 hine^ man alese, LXX sell', swa hweder swa
cyning wille ; gif hine man acwelle, )?am agenda hine' man
healfne agelde.

28. Gif feorran cumen man o]>]>e fraemde buton wege gange, 7
he ]?onne nawtSer ne hryme ne he horn ne blawe, for Seof he
bis to profianne : o]>]>e to sleanne o]>]>e to alysenne.

1 em. Thorpe, hi. H.

CAP. 27, 28 31

27. If a slave steals, and is released, 70 shillings [shall be
paid] — whichever the king wishes ^ If he is put to death,
half his value shall be paid to the man who has him in his
power^.

28. If a man from afar, or a stranger, quits the road, and neither
shouts, nor blows a horn, he shall be assumed to be a thief,
[and as such] may be either slain or put to ransom.

THE LAWS OF INE AND
OF ALFRED

A.

THE LAWS OF INE AND OF ALFRED

The earliest laws of the kingdom of Wessex are those of Ine,
who, according to Bede {Hist. Eccl. v. 7), reigned from 688 to 725.
In the latter year he resigned the throne, and went to Rome,
where he remained until his death.

The date of the laws can probably be determined within a
few years. In the preamble, Ine says that he has been consulting
with " my bishop Erconwald," among others. This is an uncommon
name, and there can be no doubt that the person referred to is
Erconwald, who became bishop of Essex (London) about 675,
and whose successor, Waldhere, was already in oflSce about 694
(cf ih. IV. 11).

The date of the laws falls therefore, in all probability, between
688 and 694. It has been observed that cap. 20 of Ine's laws is
practically identical with cap. 28 of Wihtred's laws, which date
from 695. This may be regarded as pointing to communication
between the governing authorities of the two kingdoms, such as
would naturally follow the restoration of friendly relations in 694.
We may further note that Ine speaks of his father Cenred as
being still alive — a fact which, so far as it goes, suggests a com-
paratively early date in his reign.

In view of the antiquity of the laws, it is not surprising that
they present many difficulties and obscurities.

It is true that the terminology in general resembles that of
later times, and differs in many respects from the Kentish laws.
But there are a number of terms which do not occur later, while
in regard to others, we cannot be certain that they always bear
the same technical meaning as in later times.

There is no record of any further legislation in Wessex for
nearly two centuries after the promulgation of Ine's laws.

The next are those of Alfred the Great, who became king
in 871, and died about the year 900. They are preceded by a
long introduction (cap. 1-48) which contains translations of the
Ten Commandments, and many other passages from the book
of Exodus (cap. 20-23), followed by a brief account of Apostolic
history (with quotations from the Acts of the Apostles, cap. 15),
and the growth of church law, as laid down by ecclesiastical
councils, both ecumenical and English (cap. 49, §§ 1-7). The
concluding words (cap. 49, § 8) state that compensations for
misdeeds on the part of men were ordained at many councils,
and written in their records, with varying provisions.

THE LAWS OF INE AND OF ALFRED 35

The introduction down to this point has been omitted as
having no bearing on Anglo-Saxon law. The next paragraph,
however (cap. 49, § 9), is important : Alfred acknowledges his
indebtedness to the laws of Ine, as well as to those of the Mercian
king Offa (which are now lost), and those of ^thelberht (of
Kent), the first Christian king in England.

The date of the promulgation of the laws is unknown.
Liebermann (ill. p. 34) favours 892-893; but the fact that Alfred
describes himself as Westseaxna cyning perhaps points to a rather
earlier date, since in the latter part of his reign he seems to have
changed his title and adopted, at least in Latin documents, that
of Angul-saxonum rex or Anglorum Saxonum rex, the former of
which is also given to him by Asser (c£ Stevenson, Asser's Life
of King A Ifred, pp. 1, 151 f ). The title Westseaxena cingc appears
also in Alfred's will (cf Harmer, English Historical Documents,
p. 15 f.) ; but 'the date of this again is unknown, though it was
drawn up before 889, and the Mercian Ealdorman .^thelred, and
Werferth, bishop of Worcester, are mentioned as legatees.

In all MSS the laws of Ine are added as an appendix to those
of Alfi-ed. The earliest and best of the manuscripts, C.C.C. 173(E)
— fi-om which the following text is taken — was written, according
to Liebermann, about 925. Of the others, C.C.C. 383 (B) and the
Textus Roffensis (H), both of which belong to the early part of
the twelfth century, may be specially mentioned \ In both of
them the language has been modernised to a considerable extent.
The first part of Ine's laws (down to cap. 23) is found also in a
fragment (Bu) preserved in (Brit. Mus.) Burney 277 and dating
fi:om about 1030 ; while Lambarde's edition (Ld), published in
1550, used at least one MS which is now lost^ On the relation of
the various manuscripts to one another, see Liebermann, iii. p. 32.

In B each law is for the most part preceded by its proper
' Title.' In the other MSS these titles are all brought together
in the form of an introductory ' Table of Contents,' prefixed to
the Laws of Alfred.

In all the MSS the language of the laws of Ine has been
brought into conformity with that of Alfred's time in regard to
the form of words, though not to the same extent in syntax and
vocabulary.

The Quadripartitus contains a Latin version of both Alfred's
and Ine's laws, and a considerable portion of the former are also
translated in the Instituta Cnuti.

1 H*, B* indicate additions made to H or B written above the line. But where
passages containing but not consisting wholly of such additions are quoted, the
additions are enclosed in brackets.

* Headings from Ld are given, as a rule, only when they difier from those of
existing MSS.

3—2

36

INE

[Ines cyninges asetnysse^]

Ic Ine, mid Godes gife, Wesseaxna kyning, mid geSeahte
7 mid lare Cenredes mines fseder 7 Heddes mines biscepes 7
Eorcenwoldes mines biscepes, [7]^ mid eallum minum ealdor-
monnum 7 J»sem ieldstan witum minre Seode 7 6ac miceh-e
gesomnunge* Godes Seowa*, waes smeagende be ?Ssere hselo urra
sawla 7 be Sam staJ>ole ures rices, jjsette ryht aew 7 ryhte cyne-
domas 5urh ure folc gefsestnode 7 getrymede wseron, l^sette naenig
ealdormonna ne us undergeSeodedra" sefter J^am wsere awendende
?Sas ure ddmas.

1. ^rest we bebeodatS, ]>sette Godes Seowas hiora ryhtregol
[gyraan 7*] on ryht healdan.

§ 1. ^fter jjam we bebeodaS J^sette ealles folces sew 7 domas
Sus sien gehealdene.

2. Cild binnan Sritegum nihta' sie gefulwad* ; gif hit swa ne
sie, XXX scill. gebete.

§ 1. Gif hit Sonne sie dead butan fulwihte', gebete he hit
mid eallum Sam Se he age.

3. Gif Seowmon wyrce on Sunnandseg be his hlafordes hsese,
sie he frioh, 7 se hlaford geselle xxx scill. to wite.

1 1. Gif ]7onne se Seowa butan his gewitnesse wyrce, J»olie

his hyde [oSSe hydgyldes"].
§ 2. Gif Sonne se frigea Sy daege wyrce butan his hlafordes

hspse, Solie his freotes [oSSe Lx sell'; 7 preost twy-

scildig^"].

4. [Be ciricsceatte".]

Ciricsceattas sin agifene be see. Martines masssan ; gif hwa
Seet ne gelseste, sie he scyldig LX^^ scill. 7 be xii fealdum
agife Jjone ciriesceat.

1 H. Ines lage. B. Ines m. Ld. 2 b_ j somnunge. B.

* J>eowena. B. = undergeSeodendra. B. « B. ' nyhtum. Bu & H.

^ gefullad. B. gefullod. H,Bu. ^ fuUuhte. B, H. " B, H*.

^1 This and subsequent titles taken from B. 12 feortig. B.

37

INE

~ I, Ine, by the grace of God king of Wessex, with the advice
and instruction of Cenred^, my father, of Hedde, my bishop, and
of Erconwald, my bishop, and with all my ealdormen"^ and the
chief councillors of my people, and with a great concourse of
the servants of God' as well, have been taking counsel for the
salvation of our souls and the security of our realm, in order
that just law and just decrees may be established and ensured
throughout our nation, so that no ealdorman nor subject of ours
may from henceforth pervert these our decrees.

1. In the first place, we command that the servants of God
heed, and duly observe, their proper ' rule.'

§ 1. After this we command that the law and decrees affecting
the whole nation be observed as follows.

2. A child shall be baptised within 30 days. If this is not
done, [the guardian] shall pay 30 shillings compensation.

§ 1. If, however, it dies without being baptised, he shall pay
as compensation all he possesses.

3. If a slave works on Sunday by his lord's command, he shall
become free, and the lord shall pay a fine of 30 shillings.

§ 1. If, however, the slave works without the cognisance of
his master, he shall undergo the lash or pay the fine in
lieu thereof.

§ 2. If, however, a freeman works on that day, except by his
lord's command, he shall be reduced to slavery, or [pay
a fine of] 60 shillings. A priest shall pay a double fine.

4. Church dues shall be rendered at Martinmas. If anyone
fails to do so, he shall forfeit 60 shillings* and render 12
times the church dues^ [in addition].

38 INE

5. [Be ciricsocnum.]

Gif hwa sie deatSes scyldig 7 he cirican geieme', hsebbe his
feorh 7 bete, swa him ryht wisige.

§ 1. Gif hwa his hyde forwyrce 7 cirican geierne, sie him sio
swingelle forgifen.

6. [Be gefeohtum.J

Gif hwa gefeohte on cyninges huse, sie he scyldig ealles his
ierfes, 7 sie on cyninges dome, hwseSer he lif age^ J'e nage.
§ 1. Gif hwa on mynster gefeohte, cxx scill. gebete.
§ 2. Gif hwa on^ ealdormonnes huse gefeohte* otStSe on otSres

getSungenes witan^ LX scill. gebete he 7 oj^er LX geselle"

to wite.
§ 3. Gif Sonne' on gafolgeldan huse oSSe on gebures gefeohte,

cxx^ scill. to wite geselle 7 Jjam gebure* vi scill.
§ 4. 7 J>eah hit sie on middum" felda gefohten, cxx scill. to

wite sie agifen.
§ 5. Gif Sonne" on gebeorscipe hie geciden, 7 oSer hiora mid

geSylde hit forbere, geselle se oSer xxx scill. to wite.

7. [Be stale.]

Gif hwa stalie, swa his wif " nyte 7 his beam, geselle LX

scill. to wite.

§ 1. Gif he Sonne stalie on gewitnesse ealles his hiredes,

gongen" hie" ealle on Seowot.
§ 2. X wintre cniht mseg bion SiefSe gewita.

8. [Be rihtes bene.j

Gif hwa him^^ ryhtes bidde beforan hwelcum scirmen oSSe
oJ>rum^^ deman 7 [him ryht]'' d,biddani^ ne maege, 7 him
wedd sellan" nelle, gebete xxx^° scill. 7 binnan vii nihton
gedd hine ryhtes wierSne'^'.

9. [Be J»am wrecendan.]

Gif hwa wrace d6, serSon^^ he him ryhtes bidde, J^aet he him
onnime agife 7 forgielde 7 gebete mid^' xxx scill.

1 geierne. Bu. ^ hsebbe. Bu. ^ in. B. * feohte. B.

^ witan gefiungenan. H. ^ gesylle he. B. ^ Gifmon. Bu.

s xxx sol. Quad. ^ bure. Bu. i" middan. B & H. i' d". biff. Bu.

^wifihit). H*. ^^ gan.... H. gangen. B. " %. H. heo. B.

^ hine. Bu. ^^ ofirum. om. H. " H. is hebban. Ld.

1' mon syllan. Ld. ^ mid xxx. Bu. ^i wyrSe. H, B. weorSe. Bu.

22 mr. H. 23 jete. B.

CAP. 5-9 39

5. If anyone is liable to the death penalty, and he flees to a
church, his life shall be spared and he shall pay such com-
pensation as he is directed [to pay] by legal decision.

§ 1. If anyone renders himself liable to the lash and flees
to the church, he shall be immune from scourging.

6. If anyone fights in the king's house, he shall forfeit all his
property, and it shall be for the king to decide whether he
shall be put to death or not.

§ 1. If anyone fights in a monastery, he shall pay 120 shil-
lings compensation'.

1 2. If anyone fights in the house of an ealdorman, or of any
other distinguished councillor, he shall pay 60 shillings
compensation [to the householder] and he shall pay
another 60 shillings as a fine^

§ 3. If, however, he fights in the house of a taxpayer' or of
a gehur^, he shall pay 120 shillings' as a fine, and 6 shil-
lings to the gehur*-

§ 4. And even if it [the fight] takes place in the open, a fine
of 120 shillings shall be paid.

§ 5. If, however, two men quarrel over their cups and one
endures it patiently, the other [who has recourse to
violence] shall pay a fine of 30 shillings.

7. If anyone steals' without the cognisance of his wife and
children, he shall pay a fine of 60 shillings.

§ 1. If, however, he steals with the cognisance of all his
household, they shall all go into slavery.

§ 2. A ten year old child can be [regarded as] accessory to
a theft.

8. If anyone demands justice' in the presence of any ' shire-
man^ ' or of another judge and cannot obtain it, since [the
accused] will not give him security, he [the accused] shall pay
30 shillings compensation', and within 7 days do him such
justice as he is entitled to.

9. If anyone exacts redress, before he pleads for justice, he
shall give up what he has taken, and pay as much again',
and 30 shillings compensation =-

40 INE

10. [Bereaflac.J

Gif hwa binnan J^am gemserum ures rices reafl^c 7 nied-
nseme ddS agife he 5one reaflac 7 geselle LX scill. to wite.

11. [Be landbygene.]

Gif hwa his agenne geleod^ bebycgge^ Seowne oSSe frigne*,
Seah he scyldig sie, ofer sas", forgielde hine his were" [7 wifS
Godd deoplice bete]'-

12. [Be gefangenum Seofum.]

Gif ?5eof sie gefongen, swelte he deaSe, o55e his lif be his
were man aliese.

13. [Be ]jam pe heore gewitnesse geleogaS.]

Gif hwa beforan biscepe his gewitnesse 7 his wed aleoge,
gebete mid cxx scill.
§ 1. [(Be) hloSe.]

Deofas we hataS o3 vii men ; from vii* hlotS oS xxxv ;

siSSan biS here.

14. Se Se hlo}?e betygen sie, geswicne" se'" hine be cxx hida
o6Se swa bete".

15. [Be herge.J

Se ?Se hereteama betygen sie, he hine be his wergilde d,liese
o^Ve be his were geswicne'.
§ 1. Se aS sceal bion healf be huslgengum.
§ 2. Deof, si3San he biS on cyninges bende^, nah he pa.
swicne^'.

16. [Be Seofslsege.J

Se Se Seof ofslihtS, se" mot gecySan mid aSe" J»aet he hine
synnigne^" ofsloge, nalles ?5a gegildan^^.

17. [Be forstolenum flaesce.]

Se Se forstolen flsesc findeS 7 gedyrned", gif he dear, he mot
mid aSe gec3rSan Jjset he hit age ; se Se hit ofspyreS, he ah
SsBt meldfeoh.

1 Gif hwa reaflac 7 nydnseme binnan... rices gedo, H.

2 leod. H. leodan. B. 3 gebycge. H. * frige. B.
* 0. s. gesylle. H. ^ be his were. H&B. ' B. ^ seofon inonnum. H.
^ geclensie. B. ^^ he. Bu. " gebete. B. 12 i,gndum. B.

" geswicne. B. ^* his aSe. H. i' scyldig. B. '^ gyldan. B.

'^ Sohmid's emendation : all MSS -neS. Qui furtiuam carnem inuenerit et
celatam (occultatam). Quad.

CAP. 10-17 41

10. If anyone within the borders of our kingdom commits an
act of robbery or seizes anything with violence, he shall
restore the plunder and pay a fine of 60 shillings.

11. If anyone sells one of his own countrymen^ bond or free^
over the sea, even though he be guilty, he shall pay for him
with his wergeld^ and make full atonement with God [for his
crime].

12. If a thief is taken ^ he shall die the death, or his life shall
be redeemed by the pa3rment of his wergeld.

13. If anyone bears false witness in the presence of a bishop, or
repudiates a pledge which he has given in his presence, he
shall pay 120 shillings compensation.

§ 1. We use the term 'thieves' if the number of men does not
exceed seven, 'band of marauders' for a number between
seven and thirty-five. Anything beyond this is a 'raid.'

14. He who is accused of belonging to a band of marauders
shall clear himself [of such a charge] with an oath of 120
hides', or pay corresponding compensation.

15. He who is accused of taking part in a raid shall redeem
himself with his wergeld, or clear himself by [an oath equal
in value to] his wergeld.

§ 1. An oath equal in value to half the amount shall be
suflScient in the case of communicants ^

§ 2. A thief shall not have the right of clearing himself by
oath after he is in the king's power.

16. He who kills a thief shall be allowed to declare on oath
that the man he slew was guilty. The associates' of the
slain man shall not be allowed to proceed to an oath I

17. He who finds meat which has been stolen and hidden shall
be allowed, if he dare, to declare on oath that it is his
property. He who traces it shall have the reward to which
an informer is entitled.

42 INE

18. [Be ceorliscum ?5eofum gefangenum.J

Cierlisc mon gif he dft betygen wsere, gif he set siSestan' sie
gefongen, slea mon hond oS5e fot [of]^.

19. [Be cinges geneate.]

Cyninges geneat gif his wer biS twelfhund^ scill, he mot
swerian for syxtig hida, gif he biS huslgengea*.

20. [Be feorran cumenan men.]

Gif feorcund^ mon oSSe fremde butan wege geond* wudu
gonge 7 ne hrieme ne horn blawe, for Seof he biS to pro-
fianne, ofe6e to sleanne' o?5Se to d,liesanne^

21. [Be swa ofslagene^ mannes were.]

Gif mon Sonne J?aes dfslsegenan weres bidde, he mot gecy)?an,
pset he hiae for Seof " ofsloge, nalles )>ses ofslegenan gegildan^"
ne his hlaford.

§ 1. Gif he hit Sonne diemeS, 7 weorSeS" ymb long yppe,
Sonne rymeS he Sam deadan to Sam aSe pset bine moton
his msegas unsjmgian^^.

22. [Be Sam ]>e mannes geneat stalige.]

Gif Sin geneat stalie 7 losie Se, gif Su hsebbe byrgean^^, mana
]>one )>ajs angyldes ; gif he nsebbe, gyld Su ]>3et angylde, 7 ne
sie him no Sy Singodre".

23. [Be selSeodiges mannes slsege.]

Gif mon elSeodigne dfslea, se cyning ah twsedne" ds^l weres
]?riddan dsel sunu oSSe maegas.

§ 1. Gif he Sonne msegleas sie, healf kyninge, healf se gesiS.

§ 2. Gif hit Sonne abbod sie oSSe abbodesse, dselen on J»a
ilcan wisan wiS ]7one kyning. .

§ 3. Wealh gafolgelda cxx scill., his sunu c, Seowne" LX,
somhwelcne fiftegum^'; Weales hyd twelfum'l

' Altered to siifmestan. H. 2 H, B, Ld, 3 cxx sell'. H.

* huslgenga. H, B, Bu. 6 feorcuman num. B. ^ geon. B.

' oifffe to sleanne. om. B. 8 lesanne. Bu. lysanne. H. ' for ffeofffe. Bu.

^^ gyldan. B. '^ wurif. H. wierSe. Bu. ^^ unscyldigne gedon. H.

1' borgas. B. " geSingodre. B, H.

'^ twegen dselas pees weres. B. twegen dml weres. H. ^^ nedpeowne. Ld.

" mid fiftig. H & B. " mid twelfum. H & B.

CAP. 18-23 43

18\ If a commoner, who has often been accused, is at last caught
[in the act], his hand or foot shall be cut off.

19. A member of the king's household ^ if his wergeld is 1200
shillings, shall be allowed to swear for 60 hides, if he is a
communicant.

20. If a man from afar, or a stranger, travels through a wood
off the highway and neither shouts nor blows a horn, he
shall be assumed to be a thief, and as such may be either
slain or put to ransom.

21. If, however, anyone claims the slain man's wergeld, he [who
slew him] shall be allowed to declare that he slew him,
presuming him to be a thief; and neither the associates^ of
the slain man, nor his lord, shall be allowed to proceed to
an oath.

§ 1. If, however, he [who slew him] conceals the fact, but
long afterwards it comes to light — by such conduct he
affords an opportunity to the dead man' to obtain an
oath, by which his relatives may exculpate him.

22. If a member of your household commits a theft and escapes
from you, and if you have a surety [for the thief], you
shall claim the value of the stolen property from him. If
the thief has no surety, you shall pay the value [of the
property], but he shall not thereby become immune from
punishment.

23. If anyone slays a foreigner^ the king shall have two-thirds
of his wergeld, and his son or relatives one-third.

§ 1. If he has no relatives, the king shall have one-half and
the magnate' shall have the other.

§ 2. If, however, the person [under whose protection he has
been] is an abbot or an abbess, he [or she] shall share
[the wergeld] with the king in the same proportion [as
the magnate does].

§3. [The wergeld of] a Welsh taxpayer [is] 120 shillings';
of his son 100 shillings^. [The amount to be paid for
killing] a slave [is normally] 60 [shillings] ^ but in some
cases 50 [shillings] ^ A Welshman may compound for a
scourging by the payment of 12 shillings ^

44 INE

24. Gif witeSeow Engliscmon hine forstalie, h.6 hine mon 7 ne
gylde his hlaforde.

§ 1. Gif hine mon ofsl6a, ne gylde hine mon his msegum,

gif hie hine on XII montSum ne dliesden.
§ 2. Wealh, gif he hafaS v hida, he biS syxhynde.

25. [Be cypmanna fare uppe land.]

Gif ciepemon uppe on folce ceapie, do J^aet beforan gewit-

nessum\

§ 1. Gif Siefefioh mon set ciepan befo^ 7 he hit nsebbe beforan
godum weotum geceapod, gecySe hit be wite, J^set he ne
gewita' ne gestala nsere, o?5Se gielde to wite vi 7 xxx
scill.

26. [Be fundenes cildes fostre.]

To fundenes" cildes fostre, t5y forman'geare geselle vi scill.,^
Sy sefterran xil°, ?Sy Sriddan xxx'''^ sitSSan be his wlite.

27. [Be Sam J^e dearnunge beam stryneS.]

Se Se deamenga beam gestrieneS 7 gehileS, nah se his deaSes
wer, ac his hlaford 7 se cjniing.

28. [Be Seowes mannes onfenge set SyfSe.J

Se [pey Seof gefehS, [he]' ah x scill., 7 se cyning Sone Seof ;

7 J»a maegas him swerian atSas unfsehSa.

§ 1. Gif he Sonne oSierne 7 orige' weorSe, ]7onne biS he wites

scyldig.
§ 2. Gif he onsacan" wille, do he Sset be Sam f^o" 7 be Sam

wite.

29. [Be Sam ]>e his sweord alsene oSres Seowan.J

Gif mon sweordes onlsene oSres esne, 7 he losie, gielde he
hine Sriddan dsele" ; gif mon spere selle, healfne [dsel hine
gilde]'^ ; gif he horses onlsene^*, ealne he hine gylde.

1 gewitnesse. H. gewitnysse. B.

2 forstolen feoh set ceapmen befo. H. ffeofe monfeoh set cypmen befo. B.

^ na gewita. H. ne wita. B. * fundes. E. fundenes. H & B.

s 7. H. « xz. H & Quad. ' H* & B. 8 werige. Ld.

' setsacan. B. ^^ were. H*. secundum modum pecuni^ et wit(. Quad.

^1 Gif mon sweordes onlsene oSrum esne 7 hit losige, be Sriddan dsele he hit
gylde. B. Qui gladium prestiterit ad occidendum aliquem (hoviicidium) , si oeci-
datur homo etc. Quad.

'2 [dml.) H. 1' gif mon horses laine. H. gyf mon hors onltene. B.

CAP. 24-29 45

24. If an Englishman [living] in penal slavery absconds, he shall
be hanged, and nothing shall be paid to his lord.

§ 1. If he is slain, nothing shall be paid for him to his
kinsmen if they have left him unransomed for twelve
months.

§ 2. The wergeld of a Welshman who holds five hides of
land shall be 600 shillings'.

25. If a trader [makes his way into] the interior of the country
and [proceeds to] traffic, he shall do so before witnesses.

§ 1. If stolen property in the hands of a trader is attached,
and he has not bought it in the presence of trustworthy
witnesses, he shall declare with an oath equal to the
penalty [involved] that he has been neither an accessory
nor an accomplice [to the theft], or pay a fine of 36
shillings.

26. For the maintenance of a foundling 6 shillings shall be given
in the first year, 12 shillings in the second, 30 shillings in
the third, and afterwards [sums] according to his appear-
ance '-

27. He who begets an illegitimate child and disowns it shall
not have the wergeld at its death, but its lord and^ the
king shall [have it].

28. He who captures a thief shall have 10 shillings. The thief
shall be given up to the king, and his kinsmen shall swear
that they will carry on no vendetta against him\

§ 1. If, however, the thief escapes and is lost to sight, then

he' shall forfeit a fine.
§ 2. If he [the captor] wishes to deny his culpability, he

must render an oath equivalent to the value of the

stolen goods and the fine.

29. If anyone lends a sword to the- servant' of another man, and
he makes ofi", he [the lender] shall pay him [the owner of
the servant] a third [of his value]. If he provides [the
servant] with a spear, [he shall pay the owner] half [the
value of the servant]. If he lends [the servant] a horse, he
shall pay him [the owner] the full value [of the servant].

46 INE

30. [Be t5am ]>e cyrlisC man feormige flyman.]

Gif nion cierliscne monnan' fliemanfeorme teo^ be his
agnum were geladige he hine ; gif he ne msege, gielde hine*
his agne° were ; 7 se gesiSmon [eac]" swa be his were.

31. [Be Jjam ]>e man wif bycge, 7 seo gift wiSstande.J

Gif mon wif gebyccge'', 7 sio gyft forS ne cume, agife pset
feoh 7 forgielde 7 gebete J?am bjnrgean, swa his borgbryce

sie.

32. [Be Wyhsces mannes landhsefene.]

Gif WiHsc mon hasbbe hide londes, his wer biS cxx scill. ;
gif he J>onne healfes' hsebbe, LXXX scill.; gif he naenig
hsebbe", LX scillinga.

38. [Be cinincges horswale.]

Cyninges horswealh, se Se him msege geserendian^", Sses
wergield biS" CO scill.

34. [Be manslihte.J

Se Se on Ssere fore wsere, }»8et" mon monnan^' ofsloge, ge-
triewe hine Sees sieges 7 Sa fore gebete" be Sses ofslegenan
wergielde'^.

§ 1. Gif his wergield sie cc scill., gebete mid L scill., 7 Sy^^
ilcan ryhte do man be Sam deorborenran.

35. [Be Seofslihte.]

Se Se Seof slihS, he mot aSe" gecySan, ]>3Bt he hine fleondne^*
for Seof sloge, 7 J^aes deadan msegas him swerian unceases''
dS. Gif he hit J>onne dierne, 7 sie eft yppe, Jjonne forgielde
he hine.

1 1. Gif mon to J>am men feoh geteme, Se his £er oSswaren™
hsefde 7 eft oSswerian^^ wille, oSswerige^ be Sam wite 7
be Sees feos weorSe; gif he^ oSswerian^^ nylle, gebete
Jjone msenan aS twybote.

^ cyrlis. B. ^ mon. H.

■> flyman feormie 7 hine mon tea. H. flymanfeormienne tea. B. -inge teo. Ld.

- gilde (he) hine (be). H* & B. ^ agenan. H. agenum. B.

« (eac) swa. H* & B. ' bycge. H & B. s kealfe. B.

" niebbe nan land. B. nmnig nsebbe. H. '" geserndian. H. " is. H.

1^ J>ser. B. 1' mem. H&B. " oSde foregebete. B. nel emmdet. Quad.
15 were. H. i" if a. H & B. " mid affe. B. " flemde. H.

1^ unceastes. H. '" Ms mtsworen. B. ^' setswerian. B. ^ swerige. B.
2^ Jjonne. H.

CAP. 30-35 47

30. If anyone accuses a commoner of harbouring a fugitive he
shall clear himself by [an oath] equal in value to his own
wergeld. If he cannot do so he shall pay for [harbouring]
him [the fugitive], [a sum equal to] his own wergeld. A
nobleman also shall pay according to the amount of his own
wergeld.

31. If anyone buys a wife and the marriage does not take place,
he [the bride's guardian] shall return the bridal price and
pay [the bridegroom] as much again, and he shall compen-
sate the trustee of the marriage according to the amount
he is entitled to for infraction of his surety'.

32. If a Welshman possesses a hide of land, his wergeld shall
be 120 shillings ^ If, however, he possesses half a hide,
his wergeld shall be 80 shillings ; if he possesses no land —
60 shillings.

33. The wergeld of a Welsh horseman' who is in the king's
service and can ride on his errands shall be 200 shillings.

34. He who has been on a foray, which has resulted in' a man
being slain, must clear himself of the homicide and pay
compensation for his participation in the foray, in proportion
to the wergeld of the slain man.

1 1. If his [the slain man's] wergeld is 200 shillings, he must
pay 50 shillings compensation ; and in the case of a
man of nobler birth the proportion [between the com-
pensation and the wergeld] shall be the same.

35. He who kills a thief shall be allowed to declare with an
oath that he whom he killed was a thief trying to escape,
and the kinsmen of the dead man shall swear an oath to
carry on no vendetta against him. If, however, he keeps it
[the homicide] secret, and it afterwards comes to light, then
he shall pay for him.

§ 1. If a man is vouched to warranty for livestock and he
has previously disowned the transaction and wishes
again to disown it, the oath required of him shall be
equal to the amount of the fine involved and the value
of the stock. If he does not wish to disown the transac-
tion [a second time], he shall pay double compensation'
for his false oath.

48 INE

36. [Be Seofes andfenge, 7 hine swa forlaete.J

Se ?5e ]>eoi gefehtS^ otSSe him mon gefongenne agifS, 7 he hine
Jjoime dlaete, otSfSe ]>a SiefSe gedieme, forgielde )?one J?eof
[be]^ his were.

§ 1. Gif he ealdormon sie, Solie his scire, buton him kyning^
arian wille.

37. [Be ceorlisces monnes betogenesse.J

Se cirlisca mon, se ?Se oft betygen waere SiefSe, 7 J^onne set
si?5estan [cyrre]* synnigne [mon]' get6 in ceace* o6Se elles
set openre scylde, slea him mon hond'' df oStSe f6t.

38. [Be Sam 5e rihtgesamhiwan beam habban.]

Gif ceorl 7 his wif beam hsebben gemaene, 7 fere se ceorl
forS, haebbe sio modor hire beam 7 fede^: agife hire mon
VI scill. to fostre, cu on sumera, oxan on wintra'; healden
]>a msegas ]?one frumstol, oS Sset hit gewintred sie.

39. [Be unalyfedum fare fram his laforde.J

Gif hwa fare unAliefed fram his hlaforde^" oSSe on oSre scire
hine bestele, 7 hine mon geahsige^', fare J^ser he asr wses 7
geselle''' his hlaforde" LX scill.

40. [Be ceorles worSige.]

Ceorles worSig sceal beon wintres 7 sumeres betyned. Gif
he bis untjnied'^ 7 recS his neahgebures ceap in on his agen
geat, nah he set J»am ceape nan wuht": adrife hine'' ut 7
Solie [J>one]'' sefwerdlan".

41. Borges mon m6t oSsacan'^ gif he wat ]?8et he ryht deS.

42. [Be Sam ]?set ceorlas habbaS land gemsene 7 gserstunas.j
Gif ceorlas gserstun hsebben gemsenne oSSe oper geddlland"
to tynanne, 7 hsbben sume getyned hiora dsel, sume nsebben,
7 etten hiora gemsenan seceras oSSe gsers, gdn ]>a J?onne ]>e Sset
geat agan, 7 gebeten^" J^am oSrum, pe hiora dsSl getynedne^'

1 fehlf. H. ■= H & B. ^ se cyning. H. ' H. ' H.

* ceace. H & B. E has ceape. ' handa. B. ® 7. H*.

' wintran. B. '" laforde. B. '^ geacsige. B. geaxie. H.

^2 gylde his. B. " H & B. -e<f. B. " nan wiht. B. '' hit. H.

" H & B. " sefwyrlan. B. mfwyrdlan. H. i^ setsacan. B, H.

1" gafoUand. H. alias gedalland. H*. 2° B & H. gebete. E.
21 betyned. H.

CAP. 36-42 49

36. He who captures a thief or has a captured thief given into
his custody, and allows him to escape, or suppresses know-
ledge of the theft, shall pay for the thief according to his
wergeld.

■ § 1. If he is an ealdorman^ he shall forfeit his ' shire^,'
unless the king is willing to pardon him.

37. If a commoner has often been accused of theft and is at
last proved guilty, either in the ordeal' or by being caught
in the act of committing an offence, his hand or foot shall
be struck off.

38. If a husband has a child by his wife and the husband dies,
the mother shall have her child and rear it, and [every
year] 6 shillings shall be given for its maintenance — a cow^
in summer and an ox in winter; the relatives shall keep
the family home^ until the child reaches maturity.

39. If anyone moves away without permission from his lord and
steals into another district', if he is discovered he shall
return to where he was before, and give his lord 60 shillings.

40. A commoner's premises shall be fenced both winter and
summer. If they are not enclosed, and a beast belonging
to his neighbour strays in through the opening he himself
has left, he shall have no claim on that beast, [but] he shall
drive it out and suffer the damage.

41. It is permissible for one to repudiate bail [that he has given
for another], if he knows he is acting justly.

42. If commoners have a common meadow or other — partible —
land' to.fence, and some have fenced their portion and some
have not, [and cattle^ get in] and eat up their common crops^
or their grass, then those who are responsible for the opening
shall go and pay compensation for the damage which has
been done to the others, who have enclosed their portion.

A. 4

50 IKE

lisebbeii, J»one sewerdlan' ]>e 5ser gedon sie ; abidden^ him'

aet ]>am ceape swylc ryht swylce hit kyn sie.

§ 1. Gif Jionne hrySera hwelc* sie ]?e» hegas brece 7 ga in

gehwser, 7 se hit nolde gehealdan se hit age oS?5e ne

msege, nime se hit on his secere mete" 7 dfslea, 7 nime

se agenfrigea his fel 7' flsesc 7 ?Solie J^ses oSres.

43. [Be wude bsemete.]

Donne mon beam on wuda forbaerne, 7 weorSe yppe on J>one

f5e hit dyde, gielde he fulwite : geselle* LX scill., iorpampe^

fyr bis J^eof.

§ 1. Gif mon afelle" on wuda wel monega treowa, 7 wyrS
eft" undierne, forgielde in treowu selc mid xxx scill.;
ne Searf he hiora md geldan'-, wsere hiora swa fela swa
hiora wsere ; for]>on sio e^sc'' biS melda, nalles 5eof.

44. [Be wudu andfenge.J

Gif mon J^onne aceorfe an treow, ]>3et msege xxx swina

undergestandan", 7 wyrS undierne, geselle lx scill.

§ 1. Gafolhwitel sceal bion set hiwisce vi pseninga weorS^'.

45. [Be Burhbryce.]

Burgbryce mon sceal betan cxx scill. kyninges 7 biscepes,
J?3er his rice biS ; ealdormonnes lxxx scill. ; cyninges Segnes
LX scill. ; gesiScundes monnes landhasbbendes xxxv [sell']'" ;
7 bi Son"' ansacan.

46. [Be staltihlan.]

©onne mon monnan'^ betyhS, past he ceap forstele oSSe
forstolenne gefeormie, )?onne sceal he be lx hida onsacan"
)»sere JiiefSe, gif he aSwyrSe^" biS.
§ 1. Gif Sonne Englisc onstaP' ga forS, onsace'^ J»onne be

twyfealdum ; gif hit Sonne biS Wilisc onstal, ne biS se

aS na Sy mara.
§ 2. ^Ic mon mot onsacan'" irjmpe^ 7 werfaehSe, gif he

maeg^ oSSe dear^^-

1 sefwyrdlan. B, H. ^ ahiddon. B. '* heom. B & H. ^ gehwilc. H.

^ ffwt. H. ^ gemete. H&B. ' /cZ 7. om.H, B&Ld. ^ y gesylle. H.

9 forSonSe. H. >» afylleS. H. afylle. B. " wurff pmt eft. B.

^■^ he nan ma gildon. H. ^^ seo sex. H. seoeax. B. " understandan. B.
'I* syxpenegavmrS. B. peningawyrS. H. '^ H&B. i' hi S(am) onsacan. B*.
18 mon. H. " setsacan. B. '^o andwyrde. B. 2' Englisc mon stalaff. B.
22 setsace. B. ^'^ fyrmSe. H, B. fyrmpe 7 wffl?-. Ld.

" msege. B. msegg. H. ^ dearr. B <fe H.

CAP. 42-46 51

They [the latter] shall demand from [the owners of] the
cattle such amends as are fitting. ; ",

§ 1. If, however, any beast breaks hedges and wanders at
large within, since its owner will not or cannot keep
it under control, he who finds it on his cornland shall
take it and kill it. The owner [of the beast] shall take
its hide and flesh and suff'er the loss of the remainder '-

43. If anyone destroys a tree in a wood by fire, and it becomes
known who did it, he shall pay a full fine. He shall pay
60 shillings, because fire is a thief

§ 1. If anyone fells a large number of trees in a wood, and
it afterwards becomes known, he shall pay 30 shillings
for each of three trees. He need not pay for more,
however many there may be, because the axe is an
informer and not a thief

44. If, however, anyone cuts down a tree that can shelter thirty
swine, and it becomes known, he shall pay 60 shilliags.

§ 1. The blanket paid as rent" from each ' household^ ' shall
be worth sixpence.

45. 120 shillings compensation shall be paid for breaking into
the fortified premises" of the king or [those of] a bishop
within his sphere of jurisdiction^; [for breaking into those]
of an ealdorman 80 shillings ; into those of a king's thegn
60 shillings; into those of a nobleman who holds land'
35 shillings. The accusation may be denied by oaths cor-
responding to these amounts.

46. When one man charges another with stealing cattle, or
harbouring stolen cattle, he shall deny [the charge of] theft
by [an oath of] 60 hides, if he is allowed to produce an oath'.
§ 1. If an Englishman brings the accusation, then he shall

deny [the charge] by an oath of double [this] value ; on
the other hand, if the accusation is brought by a Welsh-
man, the [value of] the oath shall not be increased.
1 2. Every man may clear himself from the charge of har-
bouring [stolen goods] or of homicide, if he can and
dare do so.

4—2

52 INE

47. Gif mon forstolenne^ ceap befehS, ne mot hine mon tieman
to Seowum men.

48. [Be witeSeowum mannum.]

Gif hwelc mon biS witeSeow niwan geSeowad, 7 hine mon
betyh?S^ ]?£et he hsebbe s^r geSiefed', aer hine mon geSeowode,
]7onne ah se teond ane swingellan set him : bedrife hine to
swingum* be his ceape.

49. [Be unalefedum msestenum andfencge.J

Gif mon on his msestenne unaliefed swin gemote, genime

J>onne vi scill. weorS wed.

§ 1. Gif hie Jjonne J^ser naeren" oftor ]7onne aene, geselle scill.

se agenfrigea" 7 gecySe, J^set hie J^ser oftor ne comen', be

)78es ceapes weor?Se.
§ 2. Gif hi ?S£er tuwa wseren, geselle twegen scill.
§ 3. Gif mon nime aefesne on swynum: set Jjryfingrum [spic]'

J7set Sridde, set twyfingrum ]>gst feorSe, set Jjymelum J^set

fifte.

50. [Be gesitScundes mannes getJinge.]

Gif gesitScund mon J^ingaS wis cyning oS5e wis kyninges
ealdormonnan' for his inhiwan^" oSSe wiS his hlaford for
Seowe oSSe for frige, nah he yser nane witersedenne", se
gesiS, forSon^^ he him nolde ser yfles gestieran set ham.

51. [Be )?am ]>e gesiScund man fyrde forsitte.J

Gif gesiScund^' mon landagende forsitte fierd", geselle cxs
scill. 7 Solie his landes; unlandagende LX scill.; cierlisc
XXX scill. to fierdwite^^

52. [Be Syrnum geJ^incSe.J

Se Se diernum geSingum'* betygen sie, geswicne" hine be
cxx hida Jjara geSingea^* oSSe cxx scill. geselle.

53. [Be forstolenes mannes forfenge.]

Gif mon forstolenne man befo set ojjrum, 7 sie sio bond
oScwolen'", sio^" hine sealde l^am men ]>e hine mon setbefeng,

1 forstolene. B & Ld. = ietyh. B & Ld. s gefieofad. B, H & Ld.

*- swinglum. B, H & Ld. = nxron. B, H. " agenfriga. B, H.

' oftor n^ron. H. 8 Addition to B in 16th century.

" wief his ealdermon. H. i" innhiwum. H. " witerseddene. B & Ld.

^' forponife. U. ^^ sesidcunde. B. se sificundman. lid. ^* fyrde. B&B..
^^ (frittig scill' to wite. B. ^o gedingffum. B. " geladie. B.. geclsensiehe. B.
18 (finga. B. i^ acwolon. B. acwolen. Ld. ^o j,g_ H & B.

CAP. 47-53 53

47. If a stolen chattel is attached, a slave may not be vouched
to warranty^ for it.

48. If any man, who has recently been reduced to penal slavery,
is accused of having committed theft before he was reduced
to slavery, the accuser shall have the right to scourge him
once ; he shall compel him to submit to a scourging by [an
oath equivalent to the value of] the goods [stolen from
him]i.

49. If anyone finds swine intruding in his mast pasture, he may
take security to the value of 6 shillings.

§ 1. If, however, they have not been there more than once,
the owner [of the swine] shall pay a shilling and declare
[by an oath equivalent to the value of] the pigsS that
they have not been there before.

§ 2. If they have been there twice, he shall pay 2 shillings.

§ 3. If pannage is paid in pigs', every third pig shall be
taken when the bacon is three fingers thick, every fourth
when the bacon is two fingers thick, and every fifth
when it is a thumb thick.

50. If a nobleman comes to terms with the king, or with the
king's ealdorman, or with his lord, on behalf of his depen-
dants, free or unfiree, he, the nobleman, shall not have any
portion of the fines, because he has not previously taken
care at home^ to restrain them [his men] from evil doing.

51. If a nobleman who holds land neglects military service', he
shall pay 120 shillings and forfeit his land ; a nobleman who
holds no land shall pay 60 shillings ; a commoner shall pay
a fine of 30 shillings for neglecting military service.

52. He who is accused of making an illicit compact shall clear
himself from the charge with [an oath worth] 120 hides, or
pay 120 shillings.

53. If a stolen slave is attached [by the law] in the possession
of another, and if the man is dead who has sold him to the
man in whose possession he is attached, he shall vouch the

54 INE

tieme )7onne Jione mon to J>ass' deadan" byrgelse^ swa oSer

fioh swa hit sie*, 7 cySe on J>am aSe be LX' hida, J^set sic

deade hond hine him sealde; Jjonne hsefS he \>iet wite

afylled mid ]?y aSe, *agife J^am agendfrio ]>one monnan'.

§ 1. Gif he )?onne wite, hwa 5ass deadan ierfe haebbe, tieme

)7oniie to )7am ierfe ^ 7 bidde Sa hond )?e )jset ierfe hafaS,

)78et he him gedd ]Jone ceap unbeceasne' oppe gecySe,

]78et se deada'° nsefre past ierfe ahte.

54. [Be werfsehSe tyhlan.]

Se ]>e bis werfsehSe betogen 7 he onsacan" wille ];ses sieges
mid aSe, J?onne sceal bion on |7sere hyndenne an kyningseSe^
be XXX hida, swa be gesiScundum men swa be cierliscum,
swa hwsej»er swa hit sie.
§ 1. Gif hine mon gilt, J^onne mot he gesellan on |»ara hjn-

denna gehwelcere monnan" 7 byman 7 sweord, on ]7set

wergild, gif he S3rrfe.
§ 2. WiteSeowne monnan" Wyliscne mon sceal bedrifan be

XII hidum'" swa Seowne to swingum'", Engliscne be

feower 7 xxx hida.

55. [Be eowe w3n:Se.J

Ewo bis mid hire giunge" sceape scill. weorS oppsdt xiiii^^
niht ofer Eastran.

56. [Be gehwylces ceapes wyrSe.]

Gif mon hwelcne ceap gebygS 7 he Sonne onfinde" him
hwelce'"' unhselo^^ on binnan xxx nihta, ]?onne weorpe ]>one^
ceap to honda^. ..oSSe swerie, J'set he him nan facn on nyste,
fa, he hine him sealde.

57. [Be cjnrlisces mannes stale.]

Gif ceorl ceap forstilS 7 bireS into his serne^, 7^ befehS
Jjserinne mon, J>onne biS se his dsel syimig^* butan J'am wife

1 Jimre. H. ^ ffses deadan monnes. H. ' byrgenne. H & B.

* swa (hweifer swa) hit sy. H* & B. ^ feortig. B. ^ 7. H*.

' man. H & B. ^ fern yrf. Ld. ^ unbesacene. H & B. i" deade. B.
^1 mtsacan. B&Ld. ^^ B&H. cyningeede. B. i' nwnna. H. " man. H.
^* hyndum. B. ^^ swincum, B. ^' geongan. H. geonge. B.

18 xzT. E. xnii. H, B & Quad. " ajinde. B. ""on hwylce. H.

^1 hwylcne unhsele. B & Ld. ^ fte (fon«. H.

23 Jjam syllende added in B in 16th century. 24 ;j„^g (j,gj as,-,ie). jj».

26 7 ftjt. H. Mtt. B*- 26 scyldig. H, So & Ld.

CAP. 53-57 55

dead man's grave to warranty' for the slave— just as for
any other property, whatever it may be — and declare in his
oath — [which shall be of the value] of sixty hides — that
the dead man sold the slave to him; then he shall have
freed himself from the fine by the oath, and he shall give
back the slave to [his] owner.

§ 1. If, however, he knows who has succeeded to the estate'
of the dead man, he shall vouch the estate to warranty,
and demand of the man who holds the estate that he
shall make [his title to] the chattel" incontestable, or
declare that the dead man never owned the property.

54. If anyone is accused of homicide and he wishes to deny
the deed with an oath, there shall be in the 100 hides' one
entitled to give a king's oath^ of 30 hides, both in the case
of the noble and the commoner — whichever he may be.

§ 1. If payment is made for the dead man, then he [the
slayer] may, if need be', include a man'' [i.e. a slave]
and^ a coat of mail, and^ a sword^, in each hundred
shillings of the wergeld.

§ 2. A Welshman, who has been reduced to penal slavery,
shall be compelled to submit to a scourging, as a slave,
by [an oath of] 12 hides ; an Englishman, by [an oath
of] 34' hides.

55. An ewe with her lamb is worth a shilling', until a fortnight
after Easter.

56. If anyone buys any sort of beast, and then finds any manner
of blemish iu it within thirty days, he shall send it back to
[its former] owner... or [the former owner]' shall swear that
he knew of no blemish in it when he sold it him.

57. If a husband steals a beast and carries it into his house, and
it is seized therein, he shall forfeit his share [of the house-
hold property'] — his wife only being exempt, since she must

56 INE

anum, forSon hio sceal hire ealdore^ hieran: gif hio dear
mid aSe gecySan J^set hio J^aes forstolenan ne onbite, nime
hire tSriddan sceat^

58. Oxan horn bits x' pseninga weorS.

59. Cuuhorn biS twegea* pasninga'; oxan tsegl biS scill." weorS,
cus bis fifa' ; oxan eage biS v p[eniaga]^ weorS, cus bits scill.
weoTp.

§ 1. Mon sceal simle to beregafole agifan set anum wyrhtan.
VI wsega'.

60. [Be hyroxan.J

Se ceorl se Se hseftS^" oSres geoht" ahyrod, gif he hsebbe ealle
on foSre to agifanne, gesceawige mon, agife ealle ; gif he
nsebbe, agife healf on fodre, healfe on oj^rum ceape.

61. [Be ciricsceatte.J

Ciricsceat mon sceal agifan to J»am healme 7 to J'am heorSe,
]>e se mon on biS to middum wintra.

62. [Be Jjam J?e man to ceace fordraefe.]

Donne mon biS tyhtlan betygen, 7 hine mon bedrifeS to
ceace ^^, nah J?orme self nane wiht to gesellanne^^ beforan
ceace '^: J>onne gseS oSer mon, seleS his ceap fore, swa he
jjonne gej»ingian maege, on Sa rsedenne, pe he him ga to
honda, oS Saet he his ceap him geinnian msege : J^onne be-
tyhS hine mon eft ojjre siSe 7 bedrifS to ceace ^^: gif hine
forS nele forstandan^^ se ?Se him ser ceap foresealde, 7 he
hine Jjonne forfehS, J^olige J>onne his ceapes se, Se he him
ser foresealde.

63. [Be gesiScundes mannes fare.]

Gif gesiScund mon fare, J?onne mot he habban his gerefan
mid him 7 his smiS 7 his cildfestran.

64. [Be Sam J^e hafS xx hida.]

Se Se hsefS xx hida, se sceal tsecnan^' xii hida gesettes
landes, J>onne he faran wille.

1 hlaforde. H. 2 gescead. H. Sm-m ffriddan dssl Seere mhta. B.

' feowertyne. B. teon. H. tyn. Ld. * r. H. ^ p. weorff. H. wurS. B.

^ iiiipeonegawurd'. B. ' rpeninga. H. fif pmega wurS . B.

8 H & B. 9 pundwmga. H & Ld. pundwega. Quad. i» hsehbe. H.

" oxan. B. 12 h & B. ceape. E. is syllanne. B. gesyllanne. H.

^^ gyf he hine nylleforstandan ford'. B. ^^ tmcan. H&B.

CAP. 57-64 57

obey her lord. If she dare declare, with an oath, that she
has not tasted the stolen [meat], she shall retain her third
of the [household] property.

58. The horn of an ox is worth 10 pence.

59. A cow's horn is worth 2 pence (5 pence, H) : the tail of an
ox is worth a shilling^, a cow's tail 5 pence. The eye of an
ox is worth 5 pence and a cow's is worth a shilling.

§ 1. For every labourer a man has he shall always pay six
weys^ [of barley] as ' barley-rent.'

60. If a commoner, who has hired another's yoke of oxen, is able
to pay all the hire in fodder, care should be taken that he
does pay it all [in this form]. If he is not able to do so, he
shall pay half [the hire] in fodder, and half in other goods.

61. Church dues shall be paid from the estate^ and the house
where a man is residing at midwinter.

62. If anyone is accused, and trial by ordeal is being forced
upon him, and he has nothing to pay with, in order to
escape the ordeal ; and if another man goes and, on what-
soever terms he may be able to arrange, gives his goods
instead, on condition that he [the accused] surrenders him-
self into his surety's hands, until he can restore to him the
goods he has pledged ; and then if he is accused a second
time, and trial by ordeal is forced upon him, and he who had
pledged goods for him will not continue to stand for him,
and the accuser arrests him — he who had given [a pledge]
for him shall lose his goods.

63. If a nobleman moves his residence he may take with him
his reeve, his smith, and his children's nursed

64. He who has [a holding of] 20 hides shall show 12 hides of
land under cultivation^ when he means to leave.

58 INE

65. [Be tyn hidum.]

Se Se hseftS x hida^ se sceal tsecnan^ vi hida gesettes landes.

66. [Be Sreom hidum.]

Se Se hsebbe J^reora hida^ tsecne" olres healfes^

67. [Be gyrde.]

Gif mon ge)>ingaS gyrde landes oppe mare to rsedegafole 7
geereS^.gif se hlaford him wile {jset land araeran to weorce
7 to gafole, ne J»earf he him onfdn, gif he him nan botl ne
seltS', 7 J?olie J^ara' secra.

68. [Be gesiScundes mannes drafe of lande.]

Gif mon gesiScundne monnan^ adrife, fordrife py botle, naes
J^sere setene.

69. [Be sceapes gange.]

Sceap sceal gongan mid his fliese oS midne sumor; oS5e
glide pset flies mid twam paBningum'.

70. [Be twyhindum were.]

Mt twyhyndum were mon sceal sellan to monbote xxx scill.,
set VI hjTidum Lxxx scill., set xii hyndum cxx scill.

§ 1. Mt X hidam to fostre x fata hunies, ccc hlafa, xii
ambra Wilisc ealaS, XXX hluttres, tu eald hritSeru" o?SSe
X weSeras, "x gees, '''xx henna, "x cesas, amber fulne
buteran, v leaxas, xx pundwsega foSres 7 hundteontig
sela.

71. [Be wertyhlan.J

Gif mon sie wertyhtlan^^ betogen 7 he hit Jjonne geondette
beforan aSe 7 onsace £6r, bide" mon mid ]?SBre witersedenne,
oS Sset se wer gegolden sie.

72. [Be wergildSeofes forefenge.]

Gif mon wergildSeof gefehS, 7 he losige Sy dsege J>am mon-
num Se hine gefoS, J?eah hine mon gefd ymb niht, nah him
mon mare set Sonne ^^ fulwite.

^ hida londes. H. '■' tmcan. H, B & Ld. ^ tmce. H, B & Ld.

^ healfes hides gesettes. H. ^ g^^^jr. jj. « slihiT. H. ' his. H.

8 mann. H. " penegum. B & H. i» twa ealda rySeru. B.

■'^ 7. B*. 12 7. H*. (7 tyn gees 7 twenti hernia 7 tyn cysas.) B*.

13 wertyhlan. B. " abide. B, H & Ld. " Sonon. B.

CAP. 65-72 59

65. He who has [a holding of] 10 hides shall show 6 hides under
cultivation.

66. He who has [a holding of] 3 hides shall show one hide and
a half under cultivation.

67. If a man takes a yard^ of land or more, at a fix6d rent, and
ploughs it, [and] if the lord requires service as well as rent,
he [the tenant] need not take the land if the lord does not
give him a dwelling ; but [in that case] he must forfeit the
crops ^

68. If a nobleman is evicted ^ he may be expelled from his house,
but not from the cultivated land.

69. A sheep shall retain its fleece until midsummer. [If it is
sheared before then], 2 pence shall be paid for the fleeced

70. When a wergeld of 200 shillings has to be paid, a compen-
sation of 30 shillings shall be paid to the man's lord^ ; when
a wergeld of 600 shillings has to be paid, the compensation
shall be 80 shillings ; when a wergeld of 1200 shillings has
to be paid, the compensation shall be 120 shillings.

§1. 10 vats of honey, 300 loaves, 12 ambers' of Welsh ale,
30 ambers of clear ale, 2 full-grown cows or 10 wethers,
10 geese, 20 hens, 10 cheeses, a full amber of butter,
5 salmon, 20 pounds of fodder, and 100 eels shall be
paid as food rent^ from every 10 hides.

71. If a man is accused on a charge involving the payment of
wergeld', and [if], when he is required to give an oath, he
confesses the act, which he has previously denied, no pro-
ceedings shall be taken to secure the fine until the wergeld
has been paid.

72. If a thief, who has forfeited his wergeld i, is caught, and if
he escapes the same day from his captors, yet is [re]captured
before the night is passed, no more than the full fine^ shall
be exacted from them^

60 INE

73. [Be anre nihte Syfte.]

Gif hit bis niht eald |7iefS, gebeten )?a )7one gylt pe hine
gefengon, swa hie gej^ingian msegen wiS C3niing 7 his gerefan.

74. [Be Jiam ]>e Seowwalh frigne man ofslea.]

Gif Seowwealh Engliscne monnan^ ofslihS, J^onne sceal se Se
hine ah weorpan hine to honda hlaforde 7 msegum oSSe LX
scill. gesellan wis his feore.

§ 1. Gif he )?onne ]?one^ ceap nelle foregesellan', )7onne mot
hine se hlaford gefreogean; gielden siSSan his mssgaa
Jjone wer, gif he maegburg* hsebbe free ; gif he nsebbe,
heden his ]>a.^ gefan.

§ 2. Ne J>earf se frige mid J^am J^eowan meeg gieldan*, buton
he him wille' fsehSe dfaceapian, ne se Jjeowa mid pj^
frigean.

75. [Be forstolene ceape.]

Gif mon ceap befeh)? forstolenne, 7 sio hond tiemS ]?onne, sic
hine mon setbefeh]^, to" ojjrum men, gif se mon hine J?onne^
onfon ne wille^"-" 7 ssegj*, ]>aet he him nasfre ]?8et ne sealde,
ac sealde oj^er, )?onne mot se gecy^an, se Se hit tiem]? to
Jjsere^^ honda, J^aet he him nan oSer ne sealde buton J>aet ilce.

76. [Be godfsederes oSSe godsunes slsehte.]

Gif hwa oSres godsunu slea oSSe his godfseder, sie sio msegbot
7 sio manbot gelic ; weaxe sio bot be Sam were, swa ilce swa
sio manbot deS pe J'am hlaforde sceal.

§ 1. Gif hit Jjonne kyninges godsunu sie, bete be his were
fam cyninge swa ilce^' swa J^sere msegj^e.

§ 2. Gif he ]>OTme on J>one geonbyrde ]>e hine slog, J>onne
eetfealle sio b(5t J»8Bm godfseder", swa ilce^* swa Jjaet wite
J>am hlaforde deS.

1 3. Gif hit biscepsunu sie, sie be healfum J>am^'-

^ mon. H. man. B & Ld. 2 g^_ b_

' foresyllan. B.

• mmghorh. B. ^ ffonne Sa. H.

^ mm gyldan. B,

' sylle. B. 8 j,am,. H&B. ^ ffeto. B.

i» nyUe. H&B.

'1 nylle (}>ms ceapes). H*. 12 ffara. B & Ld.

13 same. H & B*.

i"* godfmdere. B. "> pom seo bote. H.

CAP. 73-76 61

73. If a night has elapsed since the thefts, those who caught
him [and allowed him to escape] shall make compensation
for their offence, according to such terms as they can arrange
with the king and his reeve.

74. If a Welsh slave slays an Englishman, his owner shall hand
him over to the dead man's lord and kinsmen, or purchase
his life for 60 shillings.

§ 1. If, however, the lord will not pay this price for him, he
must liberate him; afterwards his kinsmen must pay
the wergeld, if he has a free kindred ; if he has not [a
free kindred], then his enemies may deal with him.

§ 2. A freeman need not associate himself with a relative
who is a slave, unless he wishes to ransom him^ from
a vendetta ; nor need a slave associate himself with a
relative who is a freeman.

75. If a stolen chattel^ is attached, and the person in whose
possession it is attached vouches it to another man, and if
the man will not admit it, and says that he never sold him
that, but that he sold him some other thing, he who vouched
the man to warranty may declare that he [the witness] sold
him none other but that same thing.

76. If anyone slays the godson^ or the godfather of another, the
sum to be paid as compensation to a man who has entered
into a relationship of this kind shall be equal to the amount
paid to the dead man's lord^. The amount of compensation
shall increase according to the wergeld, just as is the case
with compensation 'due to a man's lord.

§ 1. If, however, it is the godson of a king [who is slain], a
compensation equivalent to the wergeld shall be paid
to the king, as well as [the wergeld itself] to the kindred.

§ 2. If, however, he was engaged in a struggle with him who
slew him, the godfather shall lose his compensation, just
as [in similar circumstances] the lord loses his fine.

§ 3. In the case of the godson of a bishop, [the sum] shall
be half [the amount paid for the godson of a king].

62

ALFKED

[Introd. 49, § 9.] Ic ?5a j:Elfred cyning pis togsedere gegade-
rode, 7 awritan het monege J^ara pe ure foregengan heoldon, Sa^
Se me licodon^ ; 7 manege para pe me ne licodon ic &wearp mid
minra witena geSeahte, 7 on oSre wisan bebead to healdanne.
ForSam, ic ne dorste geSristlsecan J>ara minra awuht fela on
gewrit settan, forSam me was uncutS, hwset J?ses Sam lician wolde,
Se sefter lis wseren. Ac Sa Se^ ic gemette awSer* oSSe on Ines
dsege, mines mseges, oSSe on Offan Mercna cyninges o5Se on
^]?elbryhtes^ pe serest fulluhte onfeng on Angelcynne, pa 8e
me ryhtoste'' Suhton, ic ]?a heron gegaderode, 7 pa oSre forl6t'-

Ic tSa iElfred Westseaxna* cyning eallum minum witum J^as
geeowde, 7 hie Sa cwaedon, past him ]?ast licode eallum to" heal-
danne.

1. Mt serestan we IseraS, J>8et msest Searf is, J^aet aeghwelc mon
his aS 7 his wed waerlice healde.

§ 1. Gif hwa to hwseSrum )?issa genied sie" on woh, oSSe to
hlafordsearwe o5Se to sengum" unryhtum fultume, J^eet
is J»onne ryhtre to dleoganne^^ J»onne to gelsestanne.

§ 2. [Gif he )?onne J>ses weddige pe him riht sie to gelsestan-
ne]^' 7 J'set aleoge, selle mid eaSmedum his wsepn 7 his
sehta his freondum to gehealdanne 7 beo feowertig nihta
on carcerne on" cyninges tune, Srowige Sasr swa biscep
him scrife, 7 his msegas^^ hine feden, gif he self mete
nsebbe.

§ 3. Gif he msegas nsebbe o6Se ]>one mete nsebbe, fede cy-
ninges gerefa hine.

1 4. Gif hine mon togenedan^" scyle, 7 he elles nylle, gif hine
mon gebinde, polige^'' his wsepna 7 his ierfes.

1 J>ara. H. ^ lycedan. H. ' Jia. H. ^ ajyssr. H.

^ jEJ>elberhtes. H. « rihtest. H. 7 forlett. H.

^ Westseaxena cyng. H. ^ wel to. H.

'» to hwseSerwm pisra genyd sy. H. " senigum. H. '^ aleogenne. H.

IS So, Ld & H. " wt. H. " magas. H. As frequently.
1^ togenydan. H. i' fiolie. H.

63

ALFRED

Now I, King Alfred, have collected these laws, and have given
orders for copies to be made of many of those which our prede-
cessors observed and which I myself approved of But many of
those I did not approve of I have annulled, by the advice of my
councillors, while [in other cases] I have ordered changes to be
introduced'. For I have not dared to presume to set down in
writing many of my own, for I cannot tell what [innovations of
mine] will meet with the approval of our successors. But those
which were the most just of the laws I found — whether they
dated from the time of Ine my kinsman, or of Offa^, king of the
Mercians, or of ..Ethelberht, who was the first [king] to be baptised
in England — these I have collected while rejecting the others.

I, then, Alfred, King of the West Saxons, have shewn these
to all my councillors, and they have declared that it met with
the approval of all, that they should be observed.

1. In the first place we enjoin you, as a matter of supreme

importance, that every man shall abide carefully by his

oath and his pledge.

§ 1. If anyone is wrongfully constrained to promise either of
these : to betray his lord or to render aid in an unlawful
undertaking, then it is better to be false [to the promise]
than to perform it.

§ 2. If, however, he pledges himself to something which it
is lawful to carry out and proves false to his pledge, he
shall humbly give his weapons and possessions to his
friends to keep, and remain 40 days in prison at a royal
manor', and undergo therewhatever[sentence] the bishop
prescribes for him; and his relatives shall feed him if he
himself has no food.

§ 3. If he has no relatives, and [if he] has not the [necessary]
food, the king's reeve shall provide him with it.

§ 4. If he will not submit unless force is used against him,
[i.e.] if he has to be bound, he shall forfeit his weapons
and his property.

64 ALFRED

§ 5. Gif hine mon 6fslea, licgge he orgilde^

§ 6. Gif he ut oSfleo aer Jjara fierste^ 7 hine mon gefo, sie h6
feowertig nihta on carcerne, swa he s^r sceolde.

§ 7. Gif he losige^ sie he dfliemed 7 sie d-msensumod* 6f
eallum Cristes ciricum.

§ 8. Gif Jjser Sonne o)>er mennisc borg sie, bete ]7one borg-
bryce' swa him ryht wisie, 7 Sone wedbryce swa him
his scrift scrife.

2. Gif hwa psna. mynsterhama hwelcne for hwelcere scylde
gesece", J>e cyninges' feorm^ to belimpe, o5Se o6erne frione
hiered' ]>e drwyrSe sie, age he J?reora nihta fierst him to
gebeorganne, buton he Singian wille.

§ 1. Gif hine mon'" on Sam fierste geyflige mid siege oSSe
mid bende oSSe ]?urh wunde, bete" J^ara seghwelc mid
ryhte Seodscipe'^ ge mid were ge mid wite, 7 ]7am
hiwum hundtwelftig scill. ciricfriSes to bote 7 nsebbe"
his agne forfongen".

3. Gif hwa cyninges borg^'* abrece, gebete ]7one tyht^" swa him
ryht wisie 7 Jjses borges bryce mid V pundum mserra^' pse-
ninga. ^rcebiscepes borges bryce oSSe his mundbyrd gebete
mid Srim pundum. OSres biscepes oSSe ealdormonnes borges
bryce oSSe mundbyrd'' gebete mid twam pundum.

4 [Be cynincges swicdome.J

Gif hwa ymb cyninges feorh sierwe", Surh hine oSSe Surh
wreccena^" feormunge oSSe his manna, sie he his feores
scyldig 7 ealles )?ses Se he age.

§ 1. Gif he hine selfne triowan^' wille, do ]j£et be cyninges
wergelde.

1 lecge orgylde. H. 2 J,anfyrste. H. s fionne losie. H.

* sy he amansemod. H. ^ borhbrice. H.

* hwylcne gesece for hwylcere scylde. H. ' ],e ne c. Ld.

8 feorme. Ld. 9 freonne hyred. H. i" J,onne mon. So.

" gebete. Ld. " peowscipe. H. is haibbe. So & H.

" Bffitfte 7s. a. /.omitted in Quad. d'Ld. ^^ borh. H. borhbrece^ So,Ld.

1" tihtlan. H. i' msersa. So. mmrcna. Ld. '8 ^ig mundbyrd. H.

^^ syrwie. B&H. '^^ om. fiurh. B. eard added above the line in 16th cent.
2' treowsian. B.

CAP. 1-4 65

§ 5. If he is slain, no wergeld shall be paid for him.

§ 6. If he runs away before the term [of imprisonment is
completed] and is recaptured, he shall remain in prison
40 days, as he ought to have done at first.

§ 7. If he succeeds in making his escape, he shall be
banished, and excommunicated from all the churches
of Christ.

§ 8. If, however, other men stand surety for him, he shall
pay the compensation [due to them] for violation of
bail, as the law directs him, and the compensation for
breach of faith, as his confessor prescribes for him.

2. If a man flees, for any manner of offence, to any monastery
which is entitled to receive the king's food rent^ or to any
other fi:ee community which is endowed^, for the space of
three days he shall have right of asylum, unless he is willing
to come to terms [with his enemy]'.

§ 1. If, during that time, anyone injures him by a [mortal]
blow, [by putting him in] fetters, or by wounding him,
he shall pay compensation for each of these offences
in the regular way, both with wergeld and fine, and he
shall pay 120 shillings to the community as compensa-
tion for violation of the sanctuary of the Church, and
he [himself] shall not have the payment due to him
from the fugitive'.

3. If anyone violates the king's protection^ he shall pay
compensation for the crime [to the injured person], as the
law directs him, and 5 pounds of pure silver^ pennies for
violation of the king's protection; for violation of the
archbishop's protection or guardianship 3 pounds must be
paid as compensation; for violation of the protection or
the guardianship of any other bishop or of an ealdorman
2 pounds must be paid as compensation.

4. If anyone plots against the life of the king, either on his
own account, or by harbouring outlaws, or men belonging to
[the king] himself', he shall forfeit his life and all he possesses.
1 1. If he wishes to clear himself [from such a charge], he

shall do it by an oath equal to the king's wergeld'.
A. 5

DO ALFRED

§ 2. Swa we 6ac settaS be eallum hadum, ge ceorle ge eorle :
se Se ymb^ his hlafordes fidrh sierwe^ sie he wis Sone
his feores scyldig 7 ealles Saes Se he age, oSSe be his
hlafordes were hine getriowe'.

5. [Be ciricene friSe.]

Eac we settaS seghwelcere cirican', Se biscep gehalgode, Sis
friS : gif hie fahmon* geierne oSSe geserne, Jjset hine seofan
nihtum nan mon lit ne teo. Gif hit ]?onne' hwa d6, Sonne
sie he scyldig cyninges mundbyrde' 7 j^sere cirican friSes
mare, gif he Sser mare 6fgefo, gif he for hungre libban
msege, buton he self tit feohte.

§ 1. Gif hiwan hiora cirican maran' J^earfe hsebben, healde
hine mon on oSrum aerne^ 7 Sset nsebbe Son^" ma dura
J»onne sio cirice".

§ 2. Gewite Ssere cirican ealdor, J^aet him mon on J^am fierste
mete ne selle.

§ 3. Gif he self his wsepno '^ his gefan utrsecan wille, gehealden
hi hine xxx nihta 7 hie hine his msegum gebodien".

§ 4. Eac cirican friS": gif hwelc mon cirican gesece^* for Sara
gylta hwjdcum, J>ara Se ser geypped nsere, 7 hine Sser on
Godes naman geandette, sie hit healf forgifen.

§ 5. Se Se stalaS on Sunnanniht oSSe on GehhoP" oSSe on
Eastron oSSe on Sone halgan punresdseg on'' Gangdagas:
Sara gehwelc'^ we willaS sie twybote, swa on Lencten-
fsesten.

6. [Be Sam Se steleS on ciricean.]

Gif hwa on cirican hwset geSeofige, forgylde J>aet angylde, 7

1 ymbe. H. 2 syrwie. B & H.

3 getreowie. B. getrewsie. H. « mghwylcere ciricean. B.

^ Gif gefahnwn (ciricean) geyrne. B*- gif fagman ky geyme. H.

•* fforwn. B. ' mundbryces. So. 8 jnare. B ife H

9 huse. B & Ld. " /omne. H, So. & Ld. " circe. H.

" wsepna. H. -nu So. & Ld. is gebeoden. B. gebodie. H.

1* is. B. 16th century addition. i^ geyme. So. '^ Oeol B

I'yoji. B&Ld. otrSe. So. ^« mghwylc. H.

CAP. 4-6 67

§ 2. And likewise with regard to all classes, both commoners
and nobles, we ordain : he who plots against the life of
his lord shall forfeit his life to him, and all he possesses,
or he shall clear himself by [an oath equal to] his lord's
wergeld.

5. Further, we grant to every church consecrated by a bishop
this right of sanctuary: if a man, attacked by enemies,
reaches it either on foot or on horseback, he shall not be
dragged out for seven days, if he can live despite hunger,
and unless he [himself comes] out [and] fights^ If, however,
anyone does try to drag him out, he shall forfeit the amount
due for violation of the king's guardianship and the fine for
violating the sanctuary of the church — and a greater amount
if he seizes more than one person in such a place''.

§ 1. If the community have so great need^ of their church
[that it cannot be used as an asylum], he [the fugitive]
shall be kept in another building, and this shall not
have more doors than the church.

§ 2. The chief authority of the church shall see to it, that
during this time no food is given to him.

§ 3. If he himself is willing to hand over his weapons to his
enemies, they shall hold him in their power for thirty
days; and they shall send formal notice of his position
to his kinsmen.

§4. The privilege of sanctuary belonging to a church in-
cludes also the following : if anyone takes refuge in a
church, because of any offence which up to that time
had been kept secret, and there confesses his sin in
God's name, half the punishment shall be remitted him.

I 5. We decree that he who steals on Sundays or during
Christmas or Easter, or on Holy Thursday, at Rogation
Days^ shall pay in each case double compensation, just
as he must [if he steals] during Lent.

6. If anyone steals anything from a church, he shall pay the
value of the article and the fine which is appropriate to the

5—2

68 ALFRED

Sset wite swa to Sam angylde belimpani wille, 7^ slea mon
]>a. bond of, 5e he hit mid [stsel]^ gedyde.
§ 1. Gif he Sa hand lesan^ wille, 7 him mon 5set geSafian
wille, gelde swa to his were belimpe.

7. [Be Sam J^set man feohteS on kyninges healle.J

Gif hwa in^ cyninges healle gefeohte, oSSe his wsepn' gebrede,
7 bine mon gef6, sie Sset on cyninges dome, swa deaS swa
lif, swa he him forgifan wille.
§ 1. Gif be losige, 7 bine mon eft gef6, forgielde he bine self

4^ be bis weregilde, 7 Sone gylt gebete, swa wer swa

wite, swa he gewyrht^ age.

8. [Be Sam ]>e nunnan of mynstre ut alaedeS.]

Gif hwa nunnan of mynstere ut alsede butan kyninges lef-
nesse^°oSSebiscepes,gesellehundtwelftig"sciir,healfcyninge,
bealf biscepe 7 jtaeve cirican hlaforde'^, Se Sone munuc'^age.
§ 1. Gif bio leng libbe Sonne se Se hie utlsedde, nage bio bis

ierfes owiht"-
§ 2. Gif bio beam gestriene, nsebbe Sset Saes ierfes Son mare'^

Se seo modor.
1 3. Gif hire beam mon ofslea, gielde cyninge'" ]?ara medren-

msega^' ds61 ; fsedrenmasg^m hiora ds61 mon agife.

9. [Be Sam Sset man ofslea wif mid cilde.J

Gif mon^* wif mid bearne dfslea J»onne J»8et beam in hire sie,
forgielde Sone wifman^' fullan gielde, 7 j^set beam be Sses
fsedrencnosles were bealfan gelde.
§ 1. A sie ]78et wite LX scilF, oS Sset angylde drise to xxx

sciir ; siSSan hit to Sam d-rise Jjset angylde, siSSan sie

Jjset wite cxx scill'.
§ 2. Geo^" was goldSeofe 7 stddSeofe^^ 7 beoSeofe, 7 manig^

1 gelimpan. B.

2 ffiS ofiTum cerre, addition to B, probably in 12th century.

3 (stml) dyde. H*. * alysan. H. ^ on. B.&'B.

6 wmpen. H. loBpne. B. ' sylfne. B ife H. s Schmid writes selfa.

9 gewyrhte. B. w leafe. H & B. n hundtwentig. B.

12 J cirican hlaforde. H. ifmre cyrice hlaforde. B.

13 pone mynecenne. So. da nunnan. H, B <fe Ld.
1^ awuht. H. heo yrfer nawiht. B.

^^ nage... &e mare ffe. H. nmbbe . . .na mare ponne. B. ^^ (pam) cyninge. H*.
17 medramaga. B. is hyja. H. i^ heo. H.

20 Hwilon. B & Ld. 21 stodffeowe. B. 22 manegu. H.

CAP. 6-9 69

value in question, and the hand shall be struck off which
committed the theft.

§ 1. If he wishes to redeem his hand, and if it is decided to
give him permission to do so, he shall pay [such fine]
as is appropriate to his wergeld.

7. If anyone fights or draws his weapon in the king's hall, and
[if he] is arrested, it shall be for the king to decide whether
he shall be put to death, or permitted to live, in case the
king is willing to forgive him\

§ 1. If he escapes and is subsequently arrested, he shall pay
for himself by his wergeld in every case; and he shall
pay compensation for the offence — both wergeld' and
fine^ — according to the nature of the outrage he has
perpetrated.

8. If anyone takes a nun from a nunnery without the permission
of the king or bishop, he shall pay 120 shillings, half to the
king, and half to the bishop and' the lord of the church,
under whose charge the nun^ is.

§ 1. If she lives longer than he who abducted her, she shall
inherit nothing of his property.

§ 2. If she bears a child, it shall inherit no more of the
property than its mother.

§3. If her child is slain, the share of the wergeld due to
the mother's kindred shall be paid to the king, but the
father's kindred shall be paid the share due to them.

9. If anyone slays a woman with child, while the child is in
her womb, he shall pay the full wergeld for the woman, and
half the wergeld for the child, [which shall be] in accordance
with the wergeld of the father's kindred.

§ 1. Until the value' amounts to 30 shillings, the fine shall
be 60 shillings in every case. When the [said] value
amounts to this sum, the fine shall be 120 shillings.

§ 2. Formerly the fines to be paid by those who stole gold and
horses and bees, and many other fines, were greater than

70 ALFRED

witu maran Sonne o)>ru ; nu sint^ eal gelie buton man-
?Seofe : cxx scilF.

10. [Be hsemedSingum.j

Gif mon hseme mid twelf hyndes monnes wife, hundtwelftig
scill. gebete^ Sam were ; syxhyndum men^ hundteontig scill.
gebete ; cierliscum men feowertig' scill. gebete^

11. Gif mon on cirliscre' fsemnan breost gefd, mid v scill. hire
gebete.

§ 1. Gif he hie oferweorpe 7 mid ne gehseme, mid x scill.

gebete.
§ 2. Gif he mid gehaeme, mid LX scill. gebete ^
§ 3. Gif oSer mon mid hire laege' s6r, sie be healfum Ssem

Sonne sio bot".
§ 4. Gif hie mon teo, geladiege" hie be sixtegum hida'^ oSSe

Solige" be healfre ]?8ere bote.
§ .5. Gif borenran" wifmen Sis gelimpe, weaxe^^ sio b6t be

Sam were.

12. [Be wudebemete, 7 gif man afylled biS on gemasnum weorce. j
Gif mon oSres wudu bferneS oSSe heaweS unaliefedne, for-
gielde selc great treow mid v scill., 7 siSSan seghwylc", sie
swa fela" swa hiora sie^^ mid V psenigum^"; 7 xxx scill.^"
to wite.

18. Gif mon oSeme set gemsenan weorce dffelle^^ ungewealdes,
agife mon J>am msegum ]>iet treow, 7 hi hit hsebben aer XXX
nihta of J>am lande^^, oSSe him fd se^ to se Se Sone wudu age.

14. [Be dumbra manna dgedum.]

Gif mon sie dumb oSSe deaf geboren, J^set he ne msege [his]^
S3nina^ onsecggan^" ne geandettan, bete se feeder his mis-
dseda.

^ synd. B&Ld. ^ gebete {man) . H* & B.

= monnes wife. So. "^ feowertigum. B & Ld.

= And pset sy on cwycmhtum feogodum, 7 mon nsenigne mon on pmt ne sylle ;
follows liere in Ld instead of in cap. 18, § 1. " Eft gif. B.

' ceorliscne. B. ^ hit gebete. H. ' gelaige. H. i" bote. H.

^^ gehladige. B. geladige. H. i^ hidum. B. ^^ ffolie. B, H.

^^ s,]>elborenran. So & Ld. bettborenran. H. s^el. Wih century addition
to B. 15 wexe. B. " rnlc. H. " feola. B.

1* noa monig swa psr sy. H. i^ penegum. B. peningum. H.

^'' id est half pund. 12tli century addition to B. 21 offealle. B, H.

2^ lande don. H. 23 om. H, B, Ld & So. 2« B, Ld.

^ synne. H. 26 ^tsacan. B.

CAP. 9-14 , 71

the rest. Now all fines, with the exception of that for
stealing men, are alike — 120 shillings.

10. If anyone lies with the wife of a man whose wergeld is
1200 shillings, he shall pay 120 shillings compensation to
the husband ; to a husband whose wergeld is 600 shillings,
he shall pay 100 shillings compensation ; to a commoner he
shall pay 40 shillings compensation [for a similar offence].

11. If anyone seizes by the breast a young woman belonging to
the commons, he shall pay her 5 shillings compensation.

§ 1. If he throws her down but does not lie with her, he
shall pay [her] 10 shillings compensation.

§ 2. If he lies with her, he shall pay [her]^ 60 shillings^
compensation.

§ 3. If another man has previously lain with her, then the
compensation shall be half this [amount].

§ 4. If she is accused [of having previously lain with a man],
she shall clear herself by [an oath of] 60 hides, or lose
half the compensation due to her.

1 6. If this [outrage] is done to a woman of higher birth ^ the
compensation to be paid shall increase according to the
wergeld.

12. If one man bums or fells the trees of another, without per-
mission [to do so], he shall pay 5 shillings for each big tree,
and 5 pence for each of the rest, however many there may
be; and [he shall pay] 30 shillings as a fine'.

13. If one man kills andther unintentionally, [by allowing a tree
to fall on him] while they are engaged on a common task,
the tree shall be given to the [dead man's] kindred, and they
shall remove it within 30 days firom the locality. Otherwise,
it shall be taken by him who owns the wood.

14. If anyone is born dumb or' deaf, so that he can neither
deny nor confess his wrongdoings, his father shall pay com-
pensation for his misdeeds.

72 ALFRED

15. [Be ?Sam J»8et man toforan bisceope feohte?5.]

Gif mon beforan sercebiscepe^ gcfeohte o8Se wsepne ge-
bregde^ mid L scill. 7 hundteontegum gebete ; gif beforan
oSrum biscepe' o5Se ealdormen Sis gelimpe, mid hundteon-
tegum scill. gebete.

16. [Be Sam gif man of myran folan adrif)' o53e cucealf]

Gif mon cu o5Se stodmyran* forstele 7 folan oSSe cealf
(5fadrife^ forgelde mid scill." 7 pa. moder be hiora weorSe.

17. [f)e oSrum his unmagum setfsesteS.]

Gif hwa oSrum his unmagan oSfasste, 7 he hine on Ssere
fsestinge forferie, getriowe' hine facnes se 5e hine fede, gif
hine hwa hwelces teo.

18. [Be nunnena andfencgum.j

Gif hwa nunnan mid hsemeSjjinge^ oSSe on hire hraegl oS5e

on hire breost butan hire leafe gefd, sie hit twybete' swa

we ser be" Isewdum men" fundon.

§ 1. Gif beweddodu'^ fsemne hie forlicgge, gif hio sie cirlisc,
mid LX scill. gebete ]7am byrgean^', 7 J^set sie on cwic-
Eehtum feogodum, 7 mon nsenigne" mon on Sset ne selle.

§ 2. Gif hio^^ sie syxhyndu, hundteontig scill. geselle" jjam
byrgean^'.

§ 3. Gif hio sie twelf hyndu, cxx scill. gebete J?am^^ byrgean".

19. [Be j^am pe heore wepna lenaS to manslihte.]

Gif hwa his wsepnes oSrum onlsene", J^set he mon mid 6fslea,

hie moton hie gesomnian gif hie willaS, to pam were.

§ 1. Gif hi hie ne gesamnien^", gielde se Sees waepnes onlah^

Jises weres Sriddan dsel 7 J»aes wites Sriddan dsel.
§ 2. Gif he hine triewan^^ wille, j^aet he to Ssere Isene'^ facn

ne wiste'^, J^aet he mot.

' ercebisceo2}e. B. mrcebiscope. H. ^ gehrede. B & H.

^ bisceope. B. biscope. H. * stodmssre. B. * ofadrifeff. H.

" sixtig. B. Underlined and feowertigum written above it in 16th century.
feowrtigum. Ld. ' getreowige. B. getreowsie. H.

8 hmm,edj>inge. B, H & So. » tioybote. H. twibote. B.

'" anfandlice be I. H. i' monnum. H. ^'' beweddo. B. beiceddod. H.

13 pe hit gebyrige. H & B. ^* nseningne. B. " hio Jtomie. So.

1" gebete. H. " }>e hit gebyrie. H. to gebyrian. B. is gam de. B.

IS Imne. H & B. "<> ges. nellen. H. 21 onlmide. B & Ld. ^^ triwian. B.
23 to Ssere fore 7 t. ff. I. H. 24 nyste. H, B & Ld.

CAP. 15-19 73

15. If anyone fights, or draws his weapon in the presence of
the archbishop, he shall pay 150 shillings compensation;
if this happens in the presence of another bishop or of an
ealdorman, he shall pay 100 shillings compensation.

16. If anyone steals a cow or a broodmare, and drives off a foal
or a calf, he shall pay for the latter a shilling, and for the
mothers according to their value.

17. If anyone entrusts a [child or other] helpless person^ who
is dependent on him to another, and the person accepting
the charge causes the death of the person committed to
him, he who nurtured him shall clear himself of criminal
intention, if anyone prefers such an accusation against
him.

18. If anyone lustfully seizes a nun, either by her clothes or by
her breast, without her permission, he shall pay as compen-
sation twice the sum we have fixed in the case of a woman
belonging to the laity.

§ 1. If a young woman who is betrothed commits fornication,
she shall pay compensation to the amount of 60 shillings
to the surety^ [of the marriage], if she is a commoner.
This sum shall be [paid] in livestock, cattle^ being the
property tendered, and no slave shall be given in such
a payment.

§ 2. If her wergeld is 600 shillings, she shall pay 100 shil-
lings to the surety [of the marriage].

§ 3. If her wergeld is 1200 shillings, she shall pay 120 shil-
lings to the surety [of the marriage].

19. If anyone lends a weapon of his to another [man], for the
purpose of committing murder with it, they^ may, if they
are willing to, combine to pay the wergeld.

§ 1. If they do not combine [voluntarily], he who lent the
weapon shall pay one-third of the wergeld and one-
third of the fine.

§ 2. If he' wishes to clear himself, [by swearing] he was
cognisant of no criminal intention when he made the
loan, he may do so.

74 ALFRED

§ 3. Gif sweordhwita oSres monnes wsepn to feormunge o'ni6\
o?5Se smi?S monnes andweorc, hie hit gesund begen agifan,
swa hit hwseSer hiora s^r onfenge^ buton hiora hwseSer
86r J»ingode, J?ast he hit angylde healdan ne Sorfte.

20. [Be ]7am ]>e munecan heore feoh befsestatS.]

Gif mon oSres monnes munuce feoh oSfseste^ butan^ SSjes
munuces hlafordes^ lefnesse^ 7 hit him losige, J>olige his
se fSe hit sSr ahte.

21. [Be preosta gefeohte.J

Gif preost oSerne mon dfslea, weorpe mon to handa 7 eall
Sset he him'' hames bohte^, 7 bine biscep onhadige, J^onne
hine mon of ?Sam mynstre agife, buton se hlaford }?one wer
forSingian wille.

22. [Be cynincges gerefan SyfSe.]

Gif mon on folces gemote cyninges gerefan geyppe eofot^ 7
his eft geswican wille, gestsele on ryhtran hand, gif he msege;
gif he ne msege, Solie" his angyldes"-

23. [Be hundes slite.J

Gif hund mon toslite o55e abite, set forman misdsede geselle
VI scill.; gif he him mete selle, set sefteran^^ cerre xii scill.,
set Sriddan" XXX scill.
§ 1. Gif set Sissa" misdasda hwelcere se hund losige, ga Seos

b6t hwseSre^^ forS.
§ 2. Gif se hund ma misdaeda gewyrce, 7 he hine hsebbe, bete

be fullan were swa dolgbote swa'^ he wyrce^''.

24. [Be nytena misdsedum.J

Gif neat^* mon gewundige, weorpe Sset neat to honda otSSe
foreSingie.

25. [Be ceorles mennenes nydhemede.]

Gif mon ceorles mennen to nedhsemde geSreatatS, mid v scill.
gebete J^am ceorle ; 7 LX scill. to wite.
§ 1. Gif Seowmon J^eowne to nedhsemde" genede, bete mid
his eowende^.

1 underfo. B. ^ underfenge. B. ^ hefmste. B & Ld.

* buton {his) hlafordes leaf e feoh hefmste. H*.

^ Underlined in B, and aldres written above, later. <> hleafe. B.

' mid him. H,B, Ld. . ^ brohte. H&B. ^ ffeofde. B. geeofot yppe. H.

1" (fo%e. B&H. ^^andfotoffamwite. B.. ^^ ffamoifran. B. " ^S d". cirre. H.
'4 Sisra. B. i* 3'eah. h. B & Ld. '^ oppe swa hiomt he gewyrce. Ld.

>' swa dolhbote swa he gewyrce. H&B. '^ monnes neat. H.

1' nydhxmede. B & H, as frequently. -° hyde. alias eoioede in the margin. H.

CAP. 19-25 75

§ 3. If a sword-furbisher receives aweapon or a smith receives
a tool belonging to another man in order to refurbish
it, in either case the article shall be returned in as good
condition as that in which it has been received \ unless
it has been stipulated that there shall be no liability on
the part of the said furbisher for damage done to it.

20. If property is entrusted to a monk in the service of another
man without the permission of the monk's lord, and he loses
it, its former owner shall bear the loss.

21. If a priest slays another man, he and all the share of the
monastic property which he has bought for himself shall
be given up; and the bishop shall unfrock him when he is
ejected from the monastery and given up, unless the lord
[of the monastery] is willing to answer for the wergeld [of
the slain man]^.

22. If anyone makes an accusation [against another] at a public
meeting, in the presence of the king's reeve, and afterwards
wishes to withdraw it, he shall prefer the charge, if he can,
against a more likely person. If he cannot he shall lose the
value due to him^.

23. If a dog tears or bites' a man, 6 shillings shall be paid for
the first offence. If its owner continues to keep" it, 12 shil-
lings shall be paid for the second offence, and 30 shillings
for the third.

§ 1. If the dog disappears after committing any of these
offences, this compensation must nevertheless be paid.

§ 2. If the dog commits more offences and he [its master]
still keeps it, he must pay compensation for whatsoever
wounds may be inflicted, according^ to the amount of
the [injured man's] full wergeld.

24. If a beast injures a man, [its owner] must hand over the
beast [to the injured man], or come to terms [with him].

25. If anyone rapes the slave of a commoner, he shall pay 5 shil-
lings to the commoner, and a fine of 60 shillings'.

§ 1. If a slave rapes a slave, castration shall be required as
compensation.

76 ALFRED

26. [Be twyhyndum men set hloSslihte.]

Gif mon twyhyndne inon unsynnigne mid hlo?Se ofslea, gielde
se tSsds^ sieges andetta sie wer 7 wite; 7 seghwelc" mon 9e
on siSe' waere geselle xxx scill. to hloSbote.

27. [Be sixhyndum men.]

Gif hit sie syxhynde mon, selc mon [geselle]* to hloSbote
LX^ scill., 7 se slaga wer' 7 fulwite'.

28. [Be twylfhendum men.]

Gif he sie twelfhynde^ selc hiora hundtwelftig scill. [geselle,

7]" se^" slaga wer 7 wite.

§ 1. Gif hloS ?5is ged(5 7 eft oSswerian" wille, tio hie^^ ealle ;
7 ]»onne ealle forgielden J^one wer gemsenum" hondum
7 ealle dn wite, swa to Sam were belimpe".

29. [Be ungewintredes wifmannes slaege.]

Gif mon ungewintraedne wifmon to niedhsemde geSreatige,
sie Sset swa Sses gewintredan monnes^^ hot.

30. Gif fsedrenmsega msegleas^" mon gefeohte 7 mon ofslea'', 7
Jjonne gif'^ medrenmsegas hsebbe, gielden Sa'^ J>ses weres
Sriddan dasl, [tSriddan dsel ]>Si gegj-ldan, for Sriddan dsel]^
he fleo.

§ 1. Gif he medrenmsegas^' nage^, gielden ]>a gegildan^
healfne, for^* healfne he fleo.

31. Gif mon swa geradne mon ofslea, gif he msegas nage, gielde
mon healfne^ [were J^am]^" cyninge, healfne }>am gegildan.

32. Gif mon folcleasunge gewyrce, 7 hio on hine geresp^ weorSe,
mid nanum leohtran Singe gebete )»onne him mon aceorfe
]>a, tungon of, J^set hie mon na undeorran weorSe^ moste
lesan^^, Sonne hie mon be J^am were geeahtige^".

1 se (d'e) J>eBS. H*. 2 ^j^. B. mghwylc para. H. 3

* So. gesylle. Ld. 5 feowertig. B. ^ were. B.

' fullwite. H. " Ld. adds man.

' hundtwelftigum sciW geselle [h. sc. agyfe. Ld] 7 se slaga were. So, Ld.

^'' ond se, H. " mtswerian. B. '^ teo (man). H*.

" gemsene. B. " belimbe. B. Altered later to tobelimbe.

15 wifmonnes. So. '* mseigleas. B. " ore gefeohte mon of. So.

18 gif lie. H. 1" hio. So. 20 h. ^ medrenmages. H.

22 nmhhe. B. 23 gegyldem. B. gegildm. H. ^ ond for. H.

■^ healfe. B. 26 h»_ 27 ggrsef. Ld, B & H. 23 a,„rde. B.

^ alysan. H. ^ geehtige. B.

CAP. 26-32 77

26. If one of a band of marauders' slays an unoffending man,
whose wergeld is 200 shillings, he who acknowledges the
blow shall pay the wergeld and the fine; and everyone
engaged in the affair shall pay^ 30 shillings compensation
for belonging to such a band.

27. If the slain man's wergeld is 600 shillings, each man shall
pay 60 shillings for belonging to such a band; and the homi-
cide [shall pay] the wergeld and the full fine^.

28. If the wergeld of the slain man is 1200 shillings, each of
them [shall pay] 120 shillings; and the homicide [shall pay]
the wergeld and the fine.

§ 1. If a band of marauders acts thus and afterwards wishes'
to deny it, they shall all be accused, and then all collec-
tively shall pay the wergeld and one fine — whichever is
appropriate to the wergeld.

29. If anyone rapes a girl who is not of age, the same compensa-
tion shall be paid to her as is paid to an adult.

30. If anyone who has no paternal relatives fights and kills a
man, his maternal relatives, if he has any, shall pay one-
third of the wergeld and his associates' shall pay one-third.
In default of payment of the [remaining] third, he shall be
held personally responsible I

§ 1. If he has no maternal relatives, his associates shall pay
half [the wergeld], and in default of payment of the
[other] half, he shall be held personally responsible.

31. If a man in this position is slain — if he has no relatives —
half the wergeld shall be paid to the king, and half to his
associates.

32. If anyone utters a public slander, and it is proved against
him, he shall make amends on no lighter terms than the
excision of his tongue, [with the provision that] it shall not
be ransomed at a cheaper price than [its value'], estimated
according to the [man's] wergeld.

78 ALFRED

33. [Be godborhgum.]

Gif hwa otSerne godborges oncunne 7 tion^ wille, padt he
hwelcne ne gelseste Sara Se he him gesealde, agife J^one
foreaS on feower ciricum, 7 se oSer, gif he bine treowan'*
wille, in' xii ciricum d6 he Sset.

34. [Be cypmannum.J

Eac is ciepemonnum gereht : Sa* men 5e hie up mid him
Iseden'^, gebrengen" beforan kyninges gerefan on folcgemote,
7 gerecce' hu manige^ J»ara sien ; 7 hie nimen J>a men mid"
him ]>e hie majgen" eft to folcgemote to ryhte" brengan ;
7 Sonne him Searf sie ma manna'" lip mid him to habbanne
on hiora fore, gecySe symle", swa 6ft swa him Searf sie, in"
gemotes gewitnesse cyninges gerefan.

35. [Be ceorlisces mannes bindelan.]

Gif mon cierliscne mon gebinde unsynnigne'^ gebete mid

X scill.

§ 1. Gif bine mon beswinge, mid xx scill. gebete.

§ 2. Gif he hine on hengenne alecgge'', mid xxx scilL gebete.

§ 3. Gif he hine on bismor to homolan bescire, mid x scill.
gebete.

§ 4. Gif he hine to preoste bescire unbundenne, mid xxx
scill. gebete.

§ 5. Gif he Sone beard 6fascire, mid xx scill. gebete.

§ 6. Gif he hine gebinde 7 J^onne to preoste bescire, mid
LX" scill. gebete.

36. [Be speres gymeleaste.]

Eac is funden : gif mon hafaS'^ spere ofer eaxle^", 7 hine mon
on asnaseS^", gielde J»one wer butan wite.

§ 1. Gif beforan eagum asnase^', gielde J?one wer; gif hine

1 teon. B & H. " treowian. B, Ld. s innan. B. ore. H.

■" J>wt Sa. B. 6 ii^dan. B & H. Altered to ImdaS. B.

" gebringe'. H. -an. B. ' gerecca. B. ^ monie. B. ' up mid. H.

" magon. H & B. " om. to ryhte. B. i^ om_ „i^ manna. B.

^■' symble. B. " on. H. i^ unscyldigne. B & Ld.

" gebringe. B, H. " feowertig written above in 16th century. B.

18 hmfS. B. 19 eaxlen. H. "" onsnmseS^. B. on asnsesed'. H.

21 om. B. asnsese. H.

CAP. 33-36 79

33. If one man charges another respecting a solemn pledge^
given under the sanction of God, and wishes to accuse him
of neglecting to perform any [one] of the promises which
he has made to him, he shall pronounce the oath [of accusa-
tion] in four churches, and the other [the defendant], if he
wishes to clear himself, shall do so^ in twelve churches.

34. Further, with regard to traders, it is decreed: they shall
bring before the king's reeve, at a public meeting, the men
they are taking with them up into the country, and declare
how many of them there are; and they shall take with
them [only] such men as they can bring to justice again,
at a public meeting. And when they need to have more
men with them on their journey, a similar declaration shall
always be made to the king's reeve, before the assembled
company, as often as need arises.

35. If anyone lays bonds on an unoffending commoner, he shall
pay 10 shillings compensation.

§ 1. If anyone scourges him, he shall pay 20 shillings com-
pensation.

§ 2. If he places him in the stocks*, he shall pay 30 shillings
compensation.

§ 3. If he cuts his hair to insult him, in such a way as to
spoil his appearance, he shall pay 10 shillings compen-
sation.

§ 4. If he cuts his hair after the fashion of a priest's* without
binding him, he shall pay 30 shillings compensation.

§ 5. If he cuts off his beard, he shall pay 20* shillings com-
pensation.

§ 6. If he lays bonds on him, and then cuts his hair after
the fashion of a priest's, he shall pay 60* shillings com-
pensation.

36. It is further enacted : if a man has a spear over his shoulder,
and anyone is transfixed thereon, he shall pay the wergeld
without the fine.

§ 1. If [the man] is transfixed before his* eyes, he shall pay

80 ALFRED

mon tio gewealdes on Ssere dsede, getriowe' hine be pam.
wite 7 mid Sy^ peet wite afelle',
§ 2. gif ^ se ord sie ufor* [)?reo fingre]* Jiorrne hindeweard
sceaft. Gif ' hie sien bu gelic^, ord j hindeweard sceaft,
]?set sie butan pleo.

37. [Be boldgetale.J

Gif mon wille of boldgetale in oSer boldgetel hlaford secan,
do Sset mid Sees' ealdormonnes gewitnesse, pe he aer in" his
scire folgode.

§ 1. Gif he hit butan his gewitnesse do, geselle se pe hine
to men feormie cxx scill. to wite : dsele he hwseSre tJaet,
healf cyninge" in^^ 6a scire Se he ser folgode, [7]'^ healf
in J»a Se he oncymS".

§ 2. Gif he hwset yfla^" gedon hsebbe^* Saer he ser wses, bete
Sset se Se hine Sonne" to men onfo'^ 7 [sylle ]?am]'' cy-
ninge cxx scill. to wite.

38. [Be Sam Se beforan aldormen on gemote feohte.J

Gif mon beforan cyninges ealdormen on gemote gefeohte*,
bete wer 7 wite, swa hit ryht sie, 7 beforan pam CXX scill.
Sam ealdormen to wite.

§ 1. Gif he folcgemot^^ mid waspnes bryde drsere, Saim ealdor-
men hundtwelftig scill. to wite^.

§ 2. Gif ^ Sises hwset beforan cyninges ealdormonnes gingran
gelimpe oSSe cyninges preoste, xxx scill. to wite.

39. [Be cyrlisces monnes flettegefeohte.J

Gif hwa on cierlisces monnes flette gefeohte, mid syx scill.
gebete Sam ceorle.

§ 1. Gif he wsepne gebrede 7 no^* feohte, sie be healfum Sam.

§ 2. Gif syxhyndum^'^ Sissa hwseSer gelimpe, Sriefealdlice

1 getreowsie. B. getrywe. H. 2 ^i^ gam. B. 3 afylle. B H

1 7 ]ns beo, gif. B. = ufon. H*. « H (cf. So, Ld). ' {Ac} gyf. B*

^ huta gelice. B. ^ om. B. i" on. H. " (/am) cyninge. H*

12 on. H. 13 H*- li {J,onne) oncymff. H*. is (to) yfeU. H* B*

16 hmfS. H, B. " Sonnon. B. is underfo. B. w So.

20 feohtap. B. 21 /bZccs gemot. H. 22 om. to wite. H

23 Eft. Gyf. B. 24 ne. B, H. 2S syxhyndum mm. H.

CAP. 36-39 81

the wergeld; and if he is accused of dehberate intentioa
in the act, he shall clear himself with an oath equal to
the fine, and thereby dismiss the claim for the fine,
§ 2. supposing the point to be higher than the [other] end
of the shaft, by the width of three fingers^ If they are
both on a level, the point and the [other] end of the
shaft, the man with the spear shall not be regarded as
responsible for causing danger^.

37. If a man wishes [to go] from one district', to seek service''
in another, he shall do it with the cognisance of the ealdor-
man, to whose jurisdiction he has previously been subject.
1 1. If he does so without his cognisance, he who takes him

into his employment shall pay a fine of 120 shillings ;
but he shall divide the payment, [paying] half to the
king' in the district where the man has been residing^,
and half in that to which he has come.
§ 2. If he has committed any manner of offence in the place
where he has been [residing], he who now takes him into
his employment shall pay compensation for it, and a fine
of 120 shillings to the king.

38. If anyone fights at a meeting in the presence of an ealdor-
man of the king, he shall pay as compensation [such] wergeld
and fine as is due, but previous to this [he shall pay] a fine
of 120 shillings to the ealdorman.

§ 1. If he disturbs the meeting by drawing his weapon, he
shall pay a fine of 120 shillings to the ealdorman.

§ 2. If anything of this kind takes place in the presence of
an official subordinate' to an ealdorman of the king, [or
in the presence of] a king's priest, he shall pay a fine
of 30 shillings.

39. If anyone fights in the house of a commoner, he shall pay
the commoner 6 shillings' compensation.

§ 1. If he draws his weapon, but does not fight, the [com-
pensation] shall be half this sum.

§ 2. If either of these [offences] occurs in the house of a man
whose wergeld is 600 shillings, the compensation shall

A. 6

82 ALFRED

[arise be tSajre cierliscan bote, twelfhjmdum men twy-
fealdlice]^ be ]?8es syxh3mdan'' bote.

40. [Be burhbryce.]

Cyninges burgbryce' biS cxx scill., sercebiscepes hundni-
gontig scill, oSres biscepes 7 ealdormonnes LX scill., twelf-
hyndes monnes XXX scill., syxhyndes monnes XV scill. ;
ceorles edorbryce V scill.'*

§ 1. Gif SSisses hwset gelimpe, Senden' fyrd ute sie, o?SSe in
lenctenfsesten, hit sie twybote.

§ 2. Gif mon in^ lenctenne halig ryht' in* folce butan leafe
alecgge, gebete mid cxx scill.

41. [Beboclande...^]

Se mon se ?5e bocland hsebbe, 7 him his msegas Isefden",
J>onne setton we, J^set he hit ne moste"^ sellan of his maeg-
burge, gif j^ser bi?S gewrit oSSe gewitnes^'', Sset hit Sara manna
forbod^' wsere ]>e hit on fruman gestrindon 7 J^ara J^e hit him
sealdon, J^set he swa ne mote ; 7 Jjset J>onne on cyninges 7"
on biscopes gewitnesse gerecce beforan his msegum.

42. Eac we beodaS ; se mon se Se his gefan hamsittendne'" wite,
)»8et he ne feohte, ser Sam he'' him ryhtes bidde.

§ 1. Gif he maegnes hsebbe, J^set he his gefan beride 7 inne"
besitte, gehealde hine vii niht inne 7 hine'* 6n ne feohte,
gif he inne geSolian wille ; 7 J>onne ymb vii niht, gif he
wille on" hand gan 7 [his]^ wsepenu sellan, gehealde
hine xxx nihta gesundne 7 hine his msegum gebodie^'
7 his friondum.

§ 2. Gif he Sonne cirican geierne, sie Sonne be Ssere cirican
are, swa we ser bufan cwsedon.

1 H, B, Ld. ^ syxhyndum. B. ^ burh-hryce. B. hurhbrice. H.

* ceorles eoderlrryce fif scill. added to B in 16tli century.

5 Sonne. H, B. ' on. H, B. ' haligrift. Ld. « on. H.

s A page is here missing from B, which begins' again at cap. 43 with the
words dagas to eastron etc. ^" 7 him {Jxmne) his yldran Imfdon. H*.

" mot. H. " gewitnesse. H. is fodbod. H. " ge. H.

1' ham^ittende. H. & Ld. "> Sain Se he. H. ffir pon he. Ld.

" 7 hine inne. H. is /j^^^ jj^ 19 q^_ jj_

^^ H*. 21 his freondum 7 his magum bebeode. H.

CAP. 39-42 83

be increased to three times that due to a commoner ; if
in the house of a man whose wergeld is 1200 shillings,
[it shall be increased] to twice the compensation due
to a man whose wergeld is 600 shillings.

40. The fine for breaking into the fortified premises^ of the
king shall be 120 shillings; into those of an archbishop,
90 shillings ; into those of another bishop or of an ealdor-
man, 60 shillings ; into those of a man whose wergeld is
1200 shillings, 30 shillings; into those of a man whose
wergeld is 600 shillings, 15 shillings. The fine for breaking
through a commoner's fence shall be 5 shillings.

§ 1. If any of these offences occur while the army is in the
field, or during the fast of Lent, the compensation [to
be paid] shall be double [the above].

§ 2. If anyone, without permission, publicly disregards the
laws of the Church' during Lent, he shall pay 120 shil-
lings compensation.

41. We have further established, that a man who holds land
by title-deeds which his kinsmen have left him, shall not
be allowed to give it out of his kindred, if there is
documentary or [other] evidence that the power to do so is
forbidden him by the men who first acquired it, or by those
who gave it to him. [And he who contests such an aliena-
tion] shall make a declaration to this effect in the presence
of his kindred, with the king and bishop as witnesses.

42. Also we enjoin, that a man who knows his adversary to be
residing at home, shall not have recourse to violence before
demanding justice of him.

1 1. If he has power enough to surround his adversary and
besiege him in his house, he shall keep him therein
seven days, but he shall not fight against him if he
[his adversary] will consent to remain inside [his resi-
dence]. And if, after seven days, he will submit and
hand over his weapons, he shall keep him unscathed
for thirty days, and send formal notice of his position
to his kinsmen and Mends.

§ 2. If, however, he flees to a church, the privileges of the
church shall be respected, as we have declared above.

6—2

84 ALFRED

§ 3. Gif he Sonne ]>ses meegenes ne hsebbeS J»£et he hine
inne besitte^ ride to )?am ealdormen, [7]^ bidde hine
fultumes; gif he him fultuman ne willed ride to cy-
ninge, ser he feohte.
§ 4. Eac swelce, gif men becume^ on his gefan, 7 he hine s6r
hamfsestne^ ne wite, gif he wille his wsepen sellan, hine
mon gehealde xxx nihta 7 hine his freondum gecySe ;
gif he ne wille his wsepenu sellan', ]?onne mot he feohtan
on hine. Gif he wille on hond gan 7 his waepenu^ sellan,
7' hwa ofer Saet on him^" feohte, gielde swa wer swa
wunde" swa he'^ gewyrce, 7 wite 7 hsebbe'' his mseg
forworht.
1 5. Eac we cweSaS, J^set mon mote mid his hlaforde feohtan
orwige", gif mon on Sone hlaford fiohte ; swa mdt se
hlaford mid ]>y" men feohtan.
§ 6. ^fter Jjsere ilcan wisan mon mot feohtan mid his gebo-
rene^^ maege, gif hine^' mon on woh onfeohteS, buton
wis his hlaforde : J^aet we ne liefaS
§ 7. 7 mon mot feohtan drwige, gif he gemeteS o)»erne £et'^
his sewnm wife, betynedum" durum oSSe under anre
r6on, oSer set^* his dehter aewumborenre (oSSe set^* his
swistser [sewum]™borenre) oSSe set^^ his medder^ Se
wsere to sewum wife forgifen his fseder.
43. Eallum frioum monnum^" Sas dagas sien forgifene, butan
]?eowum monnum 7 esnewyrhtan: XII dagas on gehhol 7
Sone dseg J»e Crist Sone deofol oferswiSde 7 scs. Gregorius
gemynddseg 7 VII dagas ^ to eastron 7 VII ofer 7 an daeg aet''^
see. Petres tide 7 see. Paules 7 on hserfeste Sa fullan wican^
E^r sea. Marian msessan 7 set Eallra haligra weorSunge anne^"
daeg; 7 iiii Wodnesdagas on iiii ymbrenwicum^ Seowum
monnum eallum sien^' forgifen }>am J?e him leofost sie to
sellanne seghwset Sees Se him senig^ mon for Godes noman

1 mmgnes nsebbe. H. ^ hesitte msege. H. ^ H*. ■■ fultoman nelle. H.
^ hecyme. H. " Altered into J>am fesstne. H. [Schmid & Liebermann.]

' (7) 3*/ ^^ nelle his wmpen sellan. H*- ^ lumpen. H. ^7 gif. H.

^^ hine. H. ^^ wundwite. H. ^^ Sser lie. H.

^^ 7 wite Sset he hsehbe etc. H. 1* Altered to on loige. H. orwite. Ld.

1* pam. H. 1^ geborenum. H. ^'' him. H. '^ mid. H.

^' betynede. H. ^^ H. 21 meder. H. -^ freomannum. H.

-5 B begins again here. ^^ to. H. ^ wucan. H. ^^ an. B.

2' syn. H. sind. B. ^ cm. B.

CAP. 42-43 85

§ 3. If, however, he has not power enough to besiege him in
his house, he shall ride to the ealdorman and ask him
for help. If he will not help him, he shall ride to the
king before having recourse to violence.

§4. And further, if anyone chances on his enemy, not
having known him to be at home, and if he will give up
his weapons, he shall be detained for thirty days, and
his friends shall be informed [of his position]. If he is
not willing to give up his weapons, then violence may
be used against him. If he is willing to surrender and
hand over his weapons, and anyone after that uses
violence against him' [the pursuer], he^ shall pay any
sum which he incurs, whether wergeld or compensation
for wounds, as well as a fine, and his kinsman* shall
forfeit his claim to protection as a result of his action*.

§ 5. We further declare that a man may fight on behalf of
his lord, if his lord is attacked, without becoming liable
to vendetta'. Under similar conditions a lord may fight
on behalf of his man.

§ 6. In the same way a man may fight on behalf of one who
is related to him by blood, if he is attacked unjustly,
except it be against his lord. This we do not permit.

§ 7. A man may fight, without becoming liable to vendetta',
if he finds another [man] with his wedded wife, within
closed doors or under the same blanket ; or [if he finds
another man] with his legitimate daughter [or sister] ;
or with his mother, if she has been given in lawful
wedlock to his father.

43. The following days shall be granted [as holidays] to all free
men, though not to slaves and hired labourers': twelve days at
Christmas and the day on which Christ overcame the deviP;
the anniversary of St Gregory' ; seven days before Easter
and seven days after; one day at the festival of St Peter and
St Paul*; and in autumn, the full week before St Mary's
mass'; and one day at the celebration of All Saints".
The four Wednesdays in the four Ember weeks' shall be
granted [as holidays] to all slaves whose chief desire is to

86 ALFRED

geselle oSSe hie on asnegum hiora hwilsticcum geeamian
msegen.

44. [Be heafodwunde 7 oSre liman.]

Heafodwunde to bote gif Sa ban beoS butu Syrel xxx scill.

geselle him mon.

§ 1. Gif Sset uterre' ban bi?5 J'yrel geselle xv scill. to bote.

45. Gif in feaxe biS wund inces lang, geselle anne scill. to bote.
§ 1. Gif ^ beforan feaxe bi?5 wund inces lang, twegen scill. to

bote.

46. Gif him mon aslea oj^er eare of, geselle xxx scill. to bote.
§ 1. Gif se hlyst oSstande^ J^set he ne maege gehieran, geselle

LX scill. to bote^.

47. Gif mon men eage" ofdslea, geselle him mon LX scill' 7 vi
sciir 7 VI pseningas'' 7 Sriddan dsSl paeninges to bote.

§ 1. Gif hit in^ ?Sam' heafde sie, 7 he noht geseon ne maege
mid, stande Sriddan^" dsel paere bote inne.

48. Gif mon oSrum j^set neb dfaslea, gebete him mid LX scill'".

49. Gif mon o3rum Sone toS onforan heafde dfaslea, gebete^'' J^set
mid VIII scill.

§ 1. Gif hit sie se^^ wongtoS, geselle" iiii scill. to bote.
§ 2. Monnes tux biS xv" scill. weorS.

50. Gif^^ monnes ceacan mon forslihS", J»8et hie beotS forode^^
gebete mid xv scill.

§ 1 . Monnes cinban, gif hit biS toclofen, geselle mon xii scill.
to bote.

51. Gif monnes Srotbolla biS J'yrel, gebete" mid xii scill.

52. Gif monnes tunge biS of heafde ojres monnes dsedum ddn^,
fast hip gelic 7 eagan bot.

1 utrre. B. utre. H. = Gif he. B. Gif hit. Ld.

3 ofaslea pmt oSer eare of. B. ofasclea {J>set) offer eare. H*.
^ lyst mtstande. B. ^ him to bote. B. 6 ^jg eage. H.

' peningas. H. penegas. B. » on. H. ' ffan. B. i" (se) jyriMan. H*'

11 hitmidfeowertig. B. Cap. 48 is a 16th century addition in B.

12 gebetaff. B. " J>e. B & H. " gehete mid. om. to bote. H.
1^ syxtyne. B. ^^ Gif man mannes. B. i7 forslea. b".
^^ beonforede. B & H. ^^ gebete ffxt. H. '" {ge)don. B&H*'

CAP. 43-52 87

seir anything which has been given to them' in God's name,
or which they are able to acquire by their labour in any
portions of time at their disposal".

44. 30 shillings shall be given as compensation for a wound on
the head, if both bones are pierced.

§ 1. If the outer bone [only] is pierced, 15 shillings shall be
given as compensation.

45. If a wound an inch long is inflicted under the hair, one
shilling shall be given as compensation.

§ 1. If a wound an inch long is inflicted in front of the
hair, 2 shillings [shall be paid] as compensation.

46. If either ear is struck off, 30 shillings shall be given as
compensation.

§ 1. If the hearing is stopped, so that he cannot hear, 60 shil-
lings shall be given as compensation.

47. If anyone knocks out a man's eye, he shall give him 66 shil-
lings, 6 pence and the third part of a penny as compensation \
§ 1. If it remains in the head, but he can see nothing with

it, one-third of the compensation shall be withheld.

48. If anyone strikes off another's nose\ he shall pay him 60 shil-
lings compensation.

49. If anyone knocks out another's front toothy he shall pay
8 shillings as compensation for it.

§ 1. If it is a back tooth^ [that is knocked out], 4 shillings
shall be given as compensation.

§ 2. A man's canine tooth' shall be valued at 15 shillings.

50. If anyone strikes another's jaws so violently that they are
fractured, he shall pay 15 shillings compensation.

1 1. If a man's chin-bone is broken in two, 12 shillings shall
be given as compensation.

51. If a man's throat' is pierced, 12 shillings shall be paid as
compensation.

52. If, as the result of another's actions, a man's tongue is torn
from his mouth', the compensation [to be paid] shall be the
same as that for an eye^-

88 ALFRED

53. Gif mon biS on eaxle' wund^, J^aet piet liSseaw litflowe, gebete
mid XXX scill.

54. Gif se earm biS forad bufan elmbogan', ]»ser sculon xv scill.
to bote.

55. Gif 5a earmscancan beoS begen forade, sio bot biS XXX scill.

56. Gif se* Suma biS dfaslgegen, J>am sceal xxx scill. to bote.

§ 1. Gif se nsegl biS 6faslegen^ Sam sculon v scill. to bote''.

57. Gif se scytefinger biS dfaslegen, sio b6t biS xv scill. ; his''
nsegles biS iii' scill.

58. Gif se midlesta* finger sie^° dfaslegen, sio bot biS xii scill. ;
7 his nsegles bot biS ii scill.

59. Gif se goldfinger sie" ofaslegen, to psiui sculon xvii scill. to
bote ; 7 his nsegles iiii scill. to bote.

60. Gif se lytla" finger bit5^^ dfaslegen, Sam sceal to bote vim
scill., 7 an scill. his nsegles, gif se''' sie" dfaslegen.

61. Gif mon biS on hrif -wund'^ geselle him mon xxx scill. to
bote.

§ 1. Gif he Surhwund biS, set gehweSerum^' muSe xx scill.

62. Gif monnes Seoh biS j'yrel, geselle him mon xxx scill. to
bote.

§ 1. Gif hit forad sie, sio bot eac biS xxx scill.

63. Gif se sconca biS J'yrel beneoSan cneowe^', Sser sculon xii
scill. to bote.

1 1. Gif he forad sie^° beneoSan cneowe, geselle him'^ xxx
scill. to bote.

1 &a eaxle. H. ' gewunded. B.

2 (pmm) elbogan. H*. Sam elhogan. B. * Se. B.
^ ofaslagen. B. ofaslegen. H. As frequently.

« seo bot biS fif sciir . B. ' 7 feis. B. ^ nn. B. v. H.

s midleste. B. «> biS. H. " lytic. B.

'^ sy. B. IS gyf Tie_ B_ u jyig_ H.

15 rifwund. B. Altered in 16tli century to ore rife gewunded.
" segSran. B. segSrum. H. " cweowe. B. i* biS. H.

'" gesylle him mon. H.

CAP. 53-63 89

53. If a man is wounded in the shoulder, so that the synovia
flows out, 30 shillings shall be paid as compensation.

54. If the arm is fractured above the elbow, 15 shillings must
be paid as compensation for it.

55. If both' bones in the arm are broken, the compensation [to
be paid] shall be 30 shillings.

56. If the thumb is struck off, 30 shillings must be paid as
compensation for it.

§ 1. If the nail is struck ofl", 5 shillings must be paid as
compensation for it.

57. If the first finger' is struck off, the compensation [to be paid]
shall be 15 shillings; for the nail of the same, 3' shillings
[compensation shall be paid].

58. If the middle finger is struck off, the compensation [to be
paid] shall be 12 shillings ; for the nail of the same, 2 shil-
lings compensation shall be paid.

59. If the third finger' is struck off, 17 shillings must be paid as
compensation for it ; and for the nail of the same, 4 shillings
[must be paid] as compensation.

60. If the little finger is struck off, 9 shillings must be paid as
compensation for it, and one shilliug [must be paid as com-
pensation for] the nail of the same, if it is struck off.

61. If a man is wounded in the belly, 30 shillings shall be given
to him as compensation.

§ 1. If he is pierced right through, 20 shillings [shall be paid
as compensation] for each orifice.

62. If a man's thigh is pierced, 30 shillings shall be given to
him as compensation.

§ 1. If it is fi-actured, 30 shillings shall also be the compen-
sation [to be paid].

63. If the shin is pierced below the knee, 12 shillings must be
paid as compensation for it.

§ 1. If it is fractured below the knee, 30 shillings shall be
given to him as compensation.

90 ALFRED

64. Gif sio micle ta biS dfaslegen, geselle him^ xx scill. to bote,
§ 1. Gif hit sie sio sefterre ta^ xv scill. to bote geselle him

mon.
§ 2. Gif seo midleste ta sie dfaslegen, J^ser sculon' villi scill.

to bote.
§ 3. Gif hit bis sio feorJ>e ta, Sser' sculon vi scill. to bote.
§ 4. Gif sio lytle ta sie" dfaslegen, geselle him v scill.'

65. Gif mon sie on J?a herSan to Sam' swiSe ■wund^ J^aet he ne
msege beam [gestrienan]", gebete him Saet mid Lxxx scill."

66. Gif men sie se earm mid honda mid ealle of^corfen" be-
foran elmbogan^^, gebete Sjet mid lxxx scill.

§ 1. iEghwelcere wunde beforan feaxe 7 beforan sliefan 7
beneoSan cneowe sio bot biS twysceatte^' mare.

67. Gif sio lendenbrsede" biS forslegen, ]78er sceal LX scill. to bote.
§ 1. Gif hio bis onbestungen, geselle xv scill. to bote.

§ 2. Gif hio bis SurhSyrel^^ Sonne sceal Sser xxx scill. to bote.

68. Gif mon biS in^" eaxle wund^', gebete mid LXXX scill., gif se
mon cwic sie.

69. Gif mon oSrum^' Sa hond utan forslea, geselle him xx scill.
to bote, gif hine mon gelacnian msege.

§ 1. Gif hio^° healf onweg fleoge, J>onne sceal XL^ scill. to
bote.

70. Gif mon o)>rum rib forslea binnan gehaldre^^ hyde, geselle
X scill. to bote.

§ 1. Gif sio hyd sie tobrocen, 7 mon ban 6fd.do, geselle xv
scill. to bote.

71. Gif monnes eage him mon dfaslea oSSe his hand^ oSSe his
fot, Sser gseS gelic bot to eallum : VI paeningas^ 7 VI scill. 7
LX scill. 7 Sriddan dsel pseninges".

1 gesylle him mon. H & B. ^ Gif seo mftere ta sy ofaslmgen. H.

3 scylan. B. ^ (far. B. 5 fcjjf. jj

^ gesylle him mon fif scill' to bote. B. ' to pon. H. to San. B,

^ gewundod. B & Ld. ^ ij_ legytan. B. i" scillingum. H.

" ofacorven. B. -fan. Ld. '- elbogan. H. '^ twyggylde. B & Ld.

'■» lendenbreda. B. " ffurhSurl. B. i« on. Ld, B & H.

1' gewundad. B. -dod. Ld. 1* on oSrum. B. i' he. B.

^ syxtig. B. But vel feowertig written in the margin in 16th century.

21 gehalre. B & H.

" Gyf nwn him... ofsleaoSd'e his hand. B. But signs of erasure after ftim and
offSe underlined. 23 penegas. B. peningas. H. ^^ peniges. B & H.

CAP. 64-71 91

64. If the big toe is struck off, 20 shillings shall be given to
him as compensation.

§ 1. If it is the second toe [which is struck off], 15 shillings

shall be given to him as compensation.
§ 2. If the middle toe is struck off, 9 shillings must be paid

as compensation for it.
§ 3. If it is the fourth toe [which is struck off], 6 shillings

must be paid as compensation for it.
§ 4. If the little toe is struck off, 5 shillings shall be given

to him [as compensation].

65. If a man is so badly wounded in the testicles that he cannot
beget children, 80 shillings shall be paid to him as compen-
sation for it.

66. If a man's arm, with the hand and all below the elbow, is cut
off, 80 shillings shall be paid as compensation for it.

§ 1. For every wound in front of the hair, and below the
sleeve and beneath the knee, the compensation shall
be doubled^

67. If the loin be maimed^, 60 shillings must be paid as com-
pensation for it.

§ 1. If it is pierced, 15 shillings shall be given as compen-
sation.

§ 2. If it is pierced right through, then 30 shillings must
be paid as compensation for it.

68. If a man is wounded in the shoulder^, 80 shillings shall be
paid as compensation, if he continues to live.

69. If a man maims another's hand outwardly^, 20 shillings shall
be given to him as compensation, if he can be cured.

§ 1. If half of it comes off, then 40 shillings must be paid
as compensation.

70. If one man breaks another's rib without breaking the skin',
10 shillings shall be given [to him] as compensation.

§ 1. If the skin is broken and a bone is removed', 15 shillings
shall be given [to him] as compensation.

71. If a man's eye is knocked out, or if his hand or foot is struck
off, the same compensation shall follow them all — 6 pennies,
66 shillings and the third part of a penny'.

92 ALFRED

72. Gif monnes sconca' biS dfaslegfen wiS Sset cneou''', JSser sceal
Lxxx scill. to bote.

73. Gif mon oSrum Sa sculdru forslea, geselle him mon xx scill.
to bote.

74. Gif hie^ mon inbeslea 7 mon ban dfado, geselle mon Sses to
bote mid xv scill.

75. Gif mon 5a greatan sinwe' forslea, gif hie' mon gelacnian
maege, J^aet hio^ hal sie, geselle xii scill. to bote.

§ 1. Gif se mon healt sie for J^aere sinwe' wunde, 7 hine mon
gelacnian ne msege, geselle xxx scill. to bote.

76. Gif Sa smalan sinwe' mon forslea, geselle him mon vi scill.
to bote.

77. Gif mon oSrum Sa geweald" forslea uppe on J>am sweoran^"
7 forwundie" to J^am swiSe, l^set he nage J'sere^^ geweald, 7
hwseSre^' lifie" swa gescended^', geselle him mon c scill. to
bote, buton him witan ryhtre 7 mare gereccan'".

1 sceanca. B. scanca. H. 2 cneow. B. cnemDC. Ld. ^ hine. B.

* synewe. B. * hine. B & H. ^ he. B. heo. H. ^ synewe. B.

8 synewe. B. 9 gewald. B. i" sweore. B. n forwundige. H.

12 J?ser. B. Saira. H. w ffeah Jiwmffere. B. i* Zi^^e. B. lihbe. H.

16 gescend. B. gescynded. H. 16 &m«om feim wifom ;;«ire g&reccan

7 ryhtre. H.

CAP. 72-77 93

72. If a man's shin is struck off at the knee, 80 shillings must
be paid as compensation for it.

73. If anyone smashes another's shoulder', 20 shillings shall be
given to him as compensation.

74. If anyone hacks into it [the shoulder], and a bone is re-
moved^ 15 shillings shall be given as compensation for it
[in addition to the above].

75. If the large sinew is damaged, and if it can be treated
medically so as to make it sound, 12 shillings shall be given
as compensation.

§ 1. If the man becomes lame as a result of the damage
to the sinew, and if he cannot be cured, 30 shillings
shall be given [to him] as compensation.

76. If the small sinew [of a man] be damaged, 6 shillings shall
be given to him as compensation.

77. If one man damages the tendons^ in another's neck, and
wounds him so severely that he has no control over them,
but [if] nevertheless he continues to live so wounded, 100
shillings shall be given to him as compensation, unless the
councillors^ award him a juster and a greater sum.

TEEATIES WITH THE DANES

TEEATIES WITH THE DANES

1. Treaty of Alfred and Gxjthrxjm.

In 866 occurred the great Danishi invasion which eventually
put an end to all the existing English kingdoms except Wessex,
and in other respects exercised a profound influence on the sub-
sequent history of the country. The crisis of the invasion came
when the Danish king Guthrum(Gythrum,Godrum) was defeated
by Alfred in 878. In accordance with the terms of surrender,
he submitted to be baptised, with his leading men, and to evacuate
Alfred's kingdom. The following year he retired with his army
to Cirencester, and thence again in 880 to East Anglia, the
territories of which he distributed among his troops.

The date of the treaty here given is not exactly known. It
was obviously after the occupation of East Anglia in 880, and
before the death of Guthrum which, according to the Anglo-Saxon
Chronicle, took place in 890. In the Anglo-Saxon Chronicle
(Ann. 885 ad fin.) it is stated that " this year, the army of East
Anglia broke truce with King Alfred " ; but whether the treaty
given here preceded these hostilities (as suggested by Lieber-
mann), or followed them, can hardly be determined. In 886,
according to the Chronicle, " Alfred garrisoned London, and all
the English, who were not subject to the Danish yoke, submitted
to him." London, it will be observed, lies outside the territories
recognised in the treaty as belonging to Guthrum. On the other
hand, these territories include much more than the old kingdom
of East Anglia, comprising as they do the whole of Essex, Cam-
bridgeshire and Huntingdonshire, and parts of Hertfordshire,
Bedfordshire, Buckinghamshire and perhaps Northamptonshire.

Two texts of the treaty are found in B, written in the same
hand (about 1125, see Introd.). The text printed below is taken
from B 1, which is a longer version, and shows a more archaic
form of language than B 2.

B 1 is found between the fragments Swerian and Wifmannes
heweddung, B 2 after jEthelred I and immediately before Edward
and Guthrum.

TREATIES WITH THE DANES 97

In the Quadripartitus the Treaty of Alfred and Guthrum
follows Ordal and is separated from the Laws of Edward and
Guthrum by a short document which is printed in Liebermann,

1. p. 394 (see Liebermann, ill. p. 82). On the relations of the
texts, together with a lost manuscript used by Lambarde, see
Liebermann, iii. p. 83.

2. The Laws of Edward and Guthkum.

The preamble states that these are the ordinances decided
and agreed upon, first by King Alfred and King Guthrum, and
later by King Edward and King Guthrum, when peace and
friendly relations were established between the English and the
Danes. Since Guthrum, according to the Anglo-Saxon Chronicle,
died in 890 — some ten years before Alfred — he obviously cannot
have made any treaty with Alfred's successor. The next Danish
king we hear of in East Anglia was called Eohric, and according
to the Chronicle (A) was killed in 905. Another Danish king,
whose name is not given, was killed at Tempsford 16 years later
(Anglo-Saxon Chronicle [A], Ann. 921). It has been supposed
that this unnamed king was the Guthrum who ratified the laws
with King Edward. Liebermann (iii. p. 87 f.), however, holds
that the preamble is not authentic, and that the laws were estab-
lished after 921, when the East Anglian kingdom was destroyed.
He points especially to the last chapter (12), as indicating that
East Anglia was now under an eorl (i.e. jarl) instead of a king
of its own — but to this question we shall have to refer in the
notes. On the other hand, he thinks the laws date from before
the death of ^Ethelstan, who reigned from 925(?) to 939(?), since
there is no reference to that king, and more especially because
East Anglia is known to have been placed under an ealdorman
(iEthelstan ' Half-king ') of West Saxon family in the course of
this reign (Hist. Mamesiensis, cap. III). See Chadwick, Anglo-
Saxon Institutions, p. 179 i.

The laws are found in H and B, from the former of which the
following text is taken. A lost MS, in addition to B, was used
by Lambarde, and a Latin version is found in the Quadripartitus.

On the relationship of the various MSS to one another, see
Liebermann, iii. p. 87.

It may be observed that in these two documents Scandinavian
words begin to make their appearance, e.g. eorl (representing
Scand. jarl), lagu, gri&, lysing, mark, ora, utlah.

ALFRED ANB-GUTHRUM

[iElfredes laga cyninges.]^

Dis is Sset friS^ Sast iElfred cyninc 7 GytJrum cyning
7 ealles Angelcynnes witan 7 eal seo Seod 5e on Eastsenglum'
beoS* ealle gecweden habbaS 7 mid aSum gefeostnod for hy sylfe
7 for heora gingran, ge for geborene ge for ungeborene, Se Godes
miltse reccen' o?5?Se ure.

1. ^rest ymb ure* landgemsra : up on Temese', 7 Sonne up
on Ligan, 7 andlang Ligan oS hire sewylm, Sonne* on gerihte
to Bedanforda, Sonne up on° Usan oS Wsetlingastrset.

2. [Be ofslsegenan mannes were.]"

Dset is Sonne, gif " man ofslaegen^^ weorSe, ealle we IsetaS
efen dyrne Engliscne 7 Deniscne, to^' viii healfmearcum
asodenes goldes, buton Sam ceorle Se on gafollande sit 7
heora liesengum", Sa syndan eac efen dyre : segSer to cc
scill.

3. [Be Segnum Se betogene synd.]'"

7 gif man cyninges Segn beteo manslihtes, gif he^' hine
ladian dyrre, do he Sset mid xii cininges Segnum^'; gif mon"
Sone man'* betyhS, Se biS laessa maga Sone se cjTiinges Segn,
ladige he hine mid xi his gelieena 7 mid anum cyninges
Ssegne — 7"^" swa segehwilcre spraece Se mare sy Sone''' mi
mancussas — ; 7 gyf he ne dyrre ^, gylde hit Srygylde'^, swa
hit man gewyrSe.

1 B 2. 2 frype }>. M. cyning 7 GySran. Ld. s Eastenglum. B 2, Ld.

* 7 gesworen habhaff*, gefoT hy sylfe gefor heora ofgpryngf are the remaining
words of B 2.

* 7 mid afmm gefmstnod, 16th century addition to B 2.
+ Altered to gingran in 16th century.
6 recce. MSS. ^ heora. B 2. ' andlang T€mese. B 2. » Sanon. B 2.
9 J?arum upon. B 2. Son. Ld. i" Ld. '' 7 + W cwtedon, gyf. B 2.

t pe^t is Sonne, added in 16th century.
'2 of slag. Ld. is fiat is to. B 2.

" lysyngon, B2, which stops here, but pa syndon eac efen dyre: segper twa
hund scyll added in 16th century. i" Ld. 16 , /^g^ g 2.

" pegnas. B2. '^ j^a. Bl. mon. B2. i» Segn. Ld. thainus. Quad.

20 The remaining words of the cap. are not found in B 2.
^^ ffonna. Ld. ^a dyrne. Ld. 23 gyi^ j^^f Srygyld. Ld.

99

ALFRED AND GUTHRUM

[The Laws of King Alfred.]

These are the terms of peace which King Alfred and
King Guthrum, and the councillors of all the English nation,
and all the people^ who dwell in East Anglia^ have all agreed
upon and confirmed with oaths, on their own behalf and for
their subjects', both living and unborn, who are anxious for
God's favour and ours.

1. First as to the boundaries between us. [They shall run] up
the Thames, and then up the Lea, and along the Lea to its
source, then in a straight line to Bedford, and then up the
Ouse to Watling Street.

2. Secondly, if a man is slain, whether he is an Englishman
or a Dane, all of us shall place the same value on his
life — namely 8 half-marks^ of pure gold, with the exception
of commoners who occupy tributary land, and freedmen
of the Danes. These also shall be valued at the same
amount — [namely] 200 shillings — in either case.

3. If anyone accuses a king's thegn of homicide, if he dares to
clear himself, he shall do so with [the oaths of] twelve
king's thegns. If anyone accuses a man who belongs to a
lower order than that of king's thegn, he shall clear him-
self with [the oaths of] eleven of his equals and one king's
thegn ^. And this law shall apply to every suit which in-
volves an amount greater than 4 mancuses''- And if he [the
accused] dare not [attempt to clear himself], he shall pay
[as compensation] three times the amount at which the
stolen property is valued.

7—2

100 ALFRED AND GUTHRUM

4. [Be get3mauin.]'

7 Sset selc man wite his getyman be mannum 7 be horsum
7 be oxum.

b^. -J ealle we cwsedon on Sam' dasge Se mon Sa aSas swor, J^set
ne Seowe ne freo ne moton in Sone here faran butan leafe,
ne heora nan Se ma to us. Gif Sonne gebyrige, J^set for neode
heora hwylc* wiS ure bige habban wille oSSe we wiS heora
mid yrfe 7 mid aehtum, Sset is to Safianne on Sa wisan, J^aet
man gislas sylle friSe to wedde' 7 to swutulunge, J>3et man
wite, Sset man clasne' bffic' hsebbe.

' Ld. This cap. is omitted in B 2.

* Cap. 5 in B 2 reads as follows : 7 ealle hig gectcsedon Sa man }>a aSas swor,
)>se,t nafor ne we on Sone hire faran buton leafe, ne heora nan Sa ma to us, baton
man try wan 7 betwynan gyslas sylle, friSe to wedde 7 to swutelunge, pat man mid
rihte fare, gyf ]>at geneodige, pset ure eenig to oSrum fasce mid yrfe and mid mhtum.

^ Sa. MSS. (fasm. Ld, * hwylce. Ld. " to wedde 7, omitted in Ld.

* clsm. Ld. ' alias flsssc, in the margin of Ld.

CAP. 4-5 101

4. Every man shall have knowledge of his warrantor when he
buys slaves, or horses, or oxen.

5. And we all declared, on the day when the oaths were sworn,
that neither slaves nor freemen should be allowed to pass
over to the Danish host' without permission, any more than
that any of them [should come over] to us. If, however, it
happens that any of them, in order to satisfy their wants,
wish to trade with us, or we [for the same reason wish to
trade] with them, in cattle and in goods, it shall be allowed
on condition that hostages are given as security for peaceful
behaviour, and as evidence by which it may be known that
no treachery is intended^.

A

,#^''-

102

EDWARD AND GUTHRUM

Dis syndon }»a domas Se Alfred cyncg 7 GufSrum
cyncg gecuron'.
And'' )>is is seo gersednis eac, pe Alfred cyng 7 GuSrum'

cyng 7 eft Eadward cyng (7 Gu?Srum cyng) gecuran 7 gecwsedon,

]>a ]>a Engle 7 Dene to fnpe 7 to freondscipe fuUice fengon;

7 )»a witan eac, ]>e sySSan waeron, oft 7 unseldan Jreet seolfe*

geniwodon 7 mid gode geiehtan'.

§ 1. Dset is serest", ]?aet hig gecwsedon, )7ast hi aenne God lufian
woldon 7 selcne hasj^endom georne aworpen.

§ 2. 7 hig' gesetton woruldlice st^ora eac, for Sam )>ingum ]>e
hig wistan, J^aet hig elles ne mihton manegum gesteoran, ne
fela manna nolde to godcundre bote elles gebugan, swa hy^
sceolden"; 7 ]>a. woruldbote hig gesetton" gemsene Criste
7 cynge, swa hwdr swa man nolde godcunde bote gebugan
mid rihte to bisceopa dihte.

1. 7 )78et is Jjonon serest, )>aet hig gecwasdon, ]?8et cyricgriS binnan
wagum 7 cyninges handgriS stande efhe unwemme".

2. 7 gif hwd Cristendom wyrde o?S5e" hsejjendom weor]»ige
wordes o85e weorces, gylde swa wer" swa wite swa lahslitte",
be ]>am J?e syo daed^" sy.

3. 7 gyf gehadod man gestalie oSSe gefehte o5Se forswerige
oSSe forlicge, gebete ]?aet be J?am j>e seo dsed" sy, swa be
were swa be wite swa be lahslitte", 7 for Gode'° hum bete,
swa canon ts^ce, 7 J^ses borh finde o55e carcern" gebuge.

§ 1. 7 gif msessepreost folc miswyssige set freolse oSSe set

1 Eft his 7 GuSrwmes 7 Eadwardes. B. ^ Ld begins f)is is etc.

^ Gyprum. B. * sealf. Ld.

* gehihtan. H. gehuhtan, B altered to gehyhtan in 16th century [Lieber-
marm]. adauxerunt. Quad. ^ B. Bis serest. H. ' 7it. B, as frequently.

* he. B, Ld. ' sceolde. H. deberent. Quad.
^^ settan. B. setton g. Crist 7 cyning s. hwsr. Ld.

" unwemne. B, Ld. ' 12 oSffon. B & Ld.

'^ 31/M swo were. Ld. " lahslite. B, Ld. " dsde. H. dasd. B.

1^ /or God. Ld. '' career. B. on carcerne. Ld.

103

EDWARD AND GUTHRUM

These are the decrees which King Alfred
and King Guthrum enacted.
This also is the legislation which King Alfred and King
Guthrum, and afterwards King Edward and King Guthrum,
enacted and agreed upon, when the English and the Danes
unreservedly entered into relations of peace and friendship. The
councillors' also who have been [in office] since then, frequently
and often have re-enacted the same, and added improvements
thereto.

§ 1. In the first place they declared they would love one God,
and zealously renounce all heathen practices.

§ 2. And they also fixed secular penalties because they knew
that otherwise there would be many people whom they
would not be able to control, and that otherwise many men
would not be willing to submit as they ought to do, to
the amends required by the church. And they fixed secular
amends which should be divided between Christ and the
king, wheresoever people would not legally submit to the
amends required by the church and determined by the
bishops.

1. Next after this, they declared that sanctuary within the
walls of a church, and the protection granted by the king
in person, shall remain equally inviolate.

2. If anyone offends against the Christian religion, or honours
heathen practices byword or deed, he shall pay either wergeld
or fine or lahslit^, according to the nature of the offence.

3. And if a man in orders steals or fights, or commits perjury
or adultery, he shall pay either wergeld or fine or lahslit,
according to the nature of the offence; and in any case
shall he make compensation to God as the canon directs ;
and he shall find surety for the compensation or go to prison.

1 1. If a mass priest misdirects the people with regard to a

104 EDWARD AND GUTHBUM

fsestene, gylde xxx scill' mid Englum 7 mid Denum
J»reo healfmarc'.
§ 2. Gif preost" to rihtandagan crisman ne fecce, oSSe ful-
luhtes forwyrne Jjam j>e J»aes J>earf sy, gylde' wite mid
Englum 7 mid Denum lahslit^, padt is twelf oran.

4. [Be siblegerum.]'

7 8Bt syblegerum J»a witan gerseddan, J^aet cyng ah J»one

uferan" 7 bisceop J>one' nyj?eran, butan hit man gebete for

Gode' 7 for worulde, be ]?am j>e seo dsed" sy, swa bisceop

getaece.

§ 1. Gif" twegen gebroSra oSSe" twegen genyhe magas^

wis an wif forlicgan, beten swy]?e^^ georne, swa swa man

gej>afige, swa be wite swa be lahslitte, be J»am pe seo

deed' sy.
§ 2. Gif" gehadod man hine forwyrce mid deajjscylde, ge-

wilde hine man 7 healde to bisceopes dome.

5. 7 gif dea]>scyldig man scriftsprsece gyrne, ne him man nsefre
ne wyrne.

§ 1. 7 ealle Godes gerihto forSige'' man geome be Godes
mildse 7 be J»am witan pe witan toledan^'

6. Gif^' hwa teoJ>unge forhealde, gylde lahslit mid Denum,
wite mid Englum.

§ 1. Gif hwa Rdmfeoh forhealde, gylde lahslit mid Denum,
wite mid Englum.

§ 2. Gif hwa leohtgesceot^ ne gelseste, gylde lahslit mid
Denum, wite mid Englum.

§ 3. Gif hwa sulhaelmyssan ne sylle, gylde lahslit mid
Denum, wite mid Englum.

§ 4. Gif hwd, senigra godcundra gerihto forwyrne", gylde
lahslit mid Denum, wite mid Englum.

1 healf mare. H. healfmarc. B, Ld. 2 mxssepreost. Ld.

' gild. Ld. * lahslite. Ld. ' Ld. « yferan. B.

' ifxne. B. Ssere. Ld. s Qgd. Ld. ' diede. H. deed. B.

i» 7 gyf- B. " 03'd'on. B, Ld. 12 genydmagas. B.

•' betan iwipe. Ld. i* y gyf. B.

^^ gerihtefyrSrie. B. rihte fyrjprie mon. Ld.' ^' to laedon. Ld.

" 7 Syf- B- " hleohtgesceot. B. i' gerihta forwyma. B.

CAP. 3-6 105

festival or a fast, he shall pay 30 shillings in an English
district, and 3 half-marks^ in a Danish district.
§ 2. If a priest does not fetch the chrism on the appointed
day', or withholds baptism from any one who is in
need of it, he shall pay a fine in an English district,
and lahslit — that is 12 ores^ — in a Danish district.

4. And in the case of incestuous unions, the councillors' have
decided that the king shall take possession of the male
offender, and the bishop the female offender, unless they
make compensation before God and the world as the bishop
shall prescribe, in accordance with the gravity of the
offence.

§ 1. If two brothers or two near relatives lie with one woman,
they shall pay as compensation and with all promptness
whatever sum may be approved — whether as fine or
lahslit — according to the gravity of the offence.

§ 2. If a man in orders places his life in jeopardy by com-
mitting a capital crime, he shall be arrested, and his
case shall be reserved for the bishop's decision.

5. If a man condemned to death desires confession, it shall
never be refused him.

§ 1. And all ecclesiastical dues shall be promptly rendered,
on pain of forfeiting God's mercy and incurring the
fines which the councillors' have imposed.

6. If anyone withholds tithe, he shall pay lahslit in a Danish
district, and a fine in an English district.

§ 1. If anyone withholds Peter's Pence, he shall pay lahslit

in a Danish district, and a fine in an English district.
§ 2. If anyone neglects to pay ' light-dues' ' [to the church],

he shall pay lahslit in a Danish district, and a fine in

an English district.
§3. If anyone does not pay 'plough alms',' he shall pay

lahslit in a Danish district, and a fine in an English

district.
§ 4. If anyone refuses [to render] any church dues, he shall

pay lahslit in a Danish district, and a fine in an English

district.

106 EDWARD AND GUTHRTJM

§ 5. 7 gif he wigie 7 man gewundie', beo his weres= scyldig.

§ 6. Gif he man to desipe gefyUe, beo he Jjonne litlah", 7 his
hente mid hearme selc ]>ara ]>e riht wille.

§ 7. 7 gif he gewyrce, ]>eet hine man afylle, ]?urh ]>set [he
ongean]* Godes ryht oSSe J>8es cynges geonbyrde, gif
man ]>set gesoSige, liege sSgylde^.

7. [Be freolsdseges weorcum.]*

Sunnandaeges cypinge gif hwa agynne, )>olie J?ses ceapes 7
twelf orena' mid Denum 7 xxx sell' mid Englum.

§ 1. Gif frigman* freolsdsege wyrce, J>olie his freotes oS?Se
gylde wite, lahslite. Deowman )>olie his hyde oSSe
hydgyldes.

§ 2. Gif hlaford his ]»eowan freolsdaege nyde to weorce, gylde
lahslitte [se hlaford]" inne on Deone" lage 7 wite mid
Englum.

8. [Be fsestenum.]"

Gif frigman rihtfsesten abrece, gylde wite oSSe lahslite. Gif
hit Jjeowman ged(5, Solie his hyde o5Se hydgyldes.

9. [Be ordele 7 aj>um.]"

Ordel 7 aSas syndan" tocwedene freolsdagum 7 rihtfEesten-
dagum ; 7 se 5e )>aet abrece, gylde lahslit mid Denum, wite"
mid Englum.

§ 1. Gif man wealdan mage, ne dyde man naefre on Sunnan-
daeges freolse senigne forwyrhtne, ac wylde 7 healde,
]>set se freolsdseg agan sy.

10. Gif limlaeweo^' lama, ]>e forworht wsere, weor]>e forlseten, 7
he sefter ]?am tSreo nihf alibbe, siSSan man mot hylpan be
bisceopes leafe, se Se wylle beorgan sare 7 saule.

1 newundia. B. ^ fgorhes. Ld. uita. Quad. ^ vthlah. B.

* B. hine man gean. H. ^ he orgylde. Ld. ^ Ld.

' ore. B, Ld. " friman. B. freoman. Ld.

" B, Ld. dominus. Quad. ^^ Dsege. B. TJssna. Ld. ^i Ld.

12 Ld. " syndon. B, Ld. " 7 wite. B. ^^ limleepeo. Ld, B.

'^ nihte. Ld.

CAP. 6-10 107

§ 5. And if he fights and wounds anyone', he shall forfeit
his wergeld.

§ 6. If he strikes a man' dead, he shall then be outlawed,
and he shall be pursued with hostility' by all those
who wish to promote law and order.

§ 7. If he so acts as to bring about his own death by
setting himself against the laws of God and the king,
no compensation shall be paid for him, if this can be
proved.

7. If anyone proceeds to bargain on a Sunday, he shall forfeit
the goods, and 12 ores' [in addition] in a Danish district,
and 30 shillings in an English district.

§ 1. If a fi-eeman works during a church festival, he shall
be reduced to slavery, or pay a fine or lahslit. A slave
shall undergo the lash or pay the fine in lieu thereof

§ 2. If a slave is compelled to work by his lord during a
church festival, he [the lord] shall pay lahslit within
the Danelagh', and a fine in an English district.

8. If a freeman breaks a legally ordained fast, he shall pay a
fine or lahslit. If a slave does so, he shall undergo the lash
or pay the fine in lieu thereof

9. Trial by ordeal' and [the rendering of] oaths are forbidden
during festivals, and days of legally ordained fasting. He
who breaks this [decree] shall pay lahslit in a Danish dis-
trict, and a fine in an English district.

§ 1. If it can be so contrived, no capital offender shall ever
be put to death during the feast of Sunday, but he shall
be arrested and kept in custody until the festival is
over.

10. If a criminal who has been mutilated and maimed is aban-
doned, and three days later he is still alive, after this time
[has elapsed] he who wishes to have regard to his wounds
and his soul may help him with the permission of the bishop.

108 EDWARD AND GUTHRUM

11. [Be wicum, wiglerum, mansworum etc.]'

Gif wiccan oS5 wigleras, mansworan oS?5e morSwyrhtan o?5Se
fule, afylede, sebere horcwenan ahwar on lande wurSan
agytene, fSonne fyse'' hi man of earde 7 claensie pa, Seode,
o?S5e' on earde forfare hy mid ealle, buton hig geswican 7
J^e deoppor gebetan.

12. [Be gehadedum 7 aelJ»eodigum.]*

Gif man gehadodne oSSe selSSeodigne j^urh enig Sing forrsede
set f6o o35e set feore, )>omie sceal him cyng beon — oSSan
eorl ?S8er on lande — 7 bisceop Sere J^eode for maeg 7 for
mundboran, buton he elles° oSeme hsebbe; 7 bete man
geome be Sam J>e° seo dsed' sy Criste' 7 cyninge, swa hit
gebyrige ; oSSe J^a dsede wrece swiSe deope pe cyning sy on

*Ld.

1 Ld. " fyrsie. Ld.

» oSSm. B, lid.

' helles. B. « Seo. B.

' dsede. H. died. B, Ld.

8 Ld. Xpe. B, H.

CAP. 11-12 109

11. If wizards or sorcerers^ perjurers or they who secretly com-
pass death ^, or vile, polluted, notorious prostitutes be met
with anywhere in the country, they shall be driven from
the land and the nation shall be purified ; otherwise they
shall be utterly destroyed in the land — unless they cease
from their wickedness and make amends to the utmost of
their ability.

12. If any attempt is made to deprive in any wise a man in
orders, or a stranger, of either his goods or his life, the
king — or the earl of the province^ [in which such a deed is
done] — and the bishop of the diocese shall act as his kinsmen
and protectors, unless he has some other. And such com-
pensation as is due shall be promptly paid to Christ and
the king according to the nature of the offence; or the
king within whose dominions the deed is done shall avenge
it to the uttermost.

THE LAWS OF EDWAED THE
ELDEE AND OF JETHELSTAN

THE LAWS OF EDWARD THE ELDER
AND OF ^THELSTAN

Two series of laws which were issued by Edward the Elder
(900 ?-925 ?) are extant. One of them, the Concilium Exoniense
(II Edward), appears to be later than the other (I Edward) ; cf.
II Edw., cap. 1, where there is a reference to earlier laws. From
cap. 5, § 2 Liebermann infers that at the date of the promulgation
of the later laws the Northumbrian, as well as the East Anglian
territories, were already subject to the king, and consequently
that these laws must belong to the last years of the reign — the
chronology of which is unfortunately far from certain. Cap. 5, § 2,
however, seems to me to point to a different conclusion (see the
notes).

It will be observed that the laws of Edward are of a more
coherent and logical form than those of earlier kings. They did
not supersede the latter. According to Liebermann, ill. p. 93,
the expression domboc, which occurs several times, denotes the
laws of Ine and Alfred collectively.

The manuscript authorities are the same as those for the
laws of Edward and Guthrum (see Liebermann, iii. p. 92).

The Laws of .iEthelstan.

Six series of laws issued by iEthelstan (925 ?-939 ?) have been
preserved, in addition to a short ordinance respecting charities,
which in earlier editions, including Schmid's, was prefixed to
the second series. The dates at which these various series were
promulgated cannot be accurately determined, but references
from one series to another render it clear that II preceded III-
VI; V preceded III, IV and VI; and IV preceded VI (cf Lieber-
mann, III. pp. 100, 108, 115). I preceded III and may have been
composed as an introduction to II (cf Liebermann, III. p. 96 f ).

I is of exclusively ecclesiastical import, dealing with the
payment of tithes and other church dues, and judging from the
preamble, it seems to proceed from the king and bishops only.

The preamble to II is lost, but from the last chapter, as well
as from references in other laws, it is clear that this series was

THE LAWS OF EDWARD THE ELDER AND OF ^THELSTAN 113

promulgated at a council held at Grately, near Andover. It is
eoncemed mainly with the administration of justice. Chapters
13 to 18, however, are of a different character from the rest,
and make use of a different introductory formula. They were
evidently intended for the use of boroughs, and it is very prob-
able that originally they were promulgated separately, and only
incorporated into II at a subsequent date, whether under iEthel-
stan himself or at some later period. Ill largely repeats what is
found in II, V, and probably I, but its form is that of a letter
to the king from the archbishop, thegns, and people of Kent.
IV, like II, is mainly concerned with the administration of justice.
It was promulgated at a council held at a place called Thtmres-
feld, perhaps Thundersfield near Reigate. V is of a similar
character, and was promulgated at a meeting of the council
held at Exeter. VI is an ordinance drawn up by the bishops
and reeves who held jurisdiction in London. It is concerned
chiefly with the gilds belonging to the borough.

The Ordinance on Charities gives directions for the main-
tenance of poor men, and for the release of penal slaves. There
is nothing definite to fix its date, but Liebermann suggests it
may have been issued as a supplement to I.

The original (Anglo-Saxon) text of III is entirely lost, and
the document is only known firom a Latin version in the Quad-
ripartitus. The same is true in the case of IV, except for a
fragment of the original, which is contained in H. As regards
the other laws, V and VI are preserved in H, as well as in the
Quadripartitus. V is also preserved in Lambarde's edition from
a lost manuscript. I is contained in D (C.C.C. 201) and G (Brit.
Mus. Cotton Nero, A 1), as well as in the Quadripartitus, while
another [lost] text was used by Lambarde. II is preserved in H
and B ; in Ot (Brit. Mus. Cotton Otho, B xi) ; in Lambarde's
edition, which is derived partly from B and partly from a lost
manuscript; in (So) Somner's l7th century paper manuscript
(Canterbury Cathedral Library, B 2, n. 8) ; and in the Quadri-
partitus.

The Ordinance on Charities is preserved only in Lambarde's
edition and in the Quadripartitus. The Anglo-Saxon text contains
a very large number of late and incorrect forms (see the notes).

On the relationship of the various manuscripts, see Lieber-
mann, m. pp. 96, 98 ff, 107 f., 110, 112, 114.

A. 8

114

I EDWARD

Eadwerdes gersednesse^

[Be dome 7 sprsece.]^

Eadwerd cyning byt Sam gerefum eallum, Sset ge deman
swa rihte domas swa ge rihtoste cumion, 7 hit on S^ere dombec
stande. Ne wandiaS^ for nanum Singum folcriht to geregceanne;
7 Sset gehwilc sprsece* habbe andagan, hwserme heo gelsest sy,
]>aet ge Sonne gereccan.

1. [Be ceapunge.]'

7 ic wille, Sset gehwilc man hsebbe his geteaman; 7 nan
man ne ceapige butan porte, ac hsebbe J>8es portgerefan
gewitnesse oSSe o]>era ungeligenra manna*, Se man gelyfan
msege.

§ 1. 7 gif hwa butan porte ceapige, Sonne'' sy he cyninges
oferhyrnesse scyldig; 7 gange se team J>eah forS, oS J^set
man wite, hwser he oSstande.

1 2. Eac we cwsedon : se Se tyman scolde, J?aet he hsefde
ungehgene gewitnesse Sees Sset he hit on riht tymde,oSSe
J>one aS funde, Se se gelyfan mihte' Se onsprece.

§ 3. Swa we cwsedon be Jjsere agnunge Sset ylce, J^set he
gelsedde ungeligene gewitnesse Sses, oSSe Sone aj> funde,
gif he msehte, ungecorenne, Se se onspeca on gehealden
wasre.

§ 4. Gif he Sonne' ne mehte, Sonne'' namede him man vi
men on Sam ylcan [geburscipe]", ]>e he on hamfsest
wsere, 7 begete ]>ara" syxa senne set anum hrySere, oSSe
set J^am orfe ]fe Sses weorS sy; 7 sySSan wexe be Sses
ceapes sehte, gif J^ser ma to scyle.

1 gersenesse. H. om.B. - Ld. ^ wandiep. B. wandigej?. Ld.

* sprsec. B. s l^_ ^(j„_ B_ manna. Ld.

'■ SoiK. B. 8 miege. B. » B. geburhscipe. H, Quad.

10 3st Ssera. Ld.

115

I EDWARD

Edward's Ordinances.

King Edward commands all [his] reeves : that ye pro-
nounce such legal decisions as ye know to be most just and
in accordance with the written laws\ Ye shall not for any cause
fail to interpret the public law^; and at the same time it shall
be your duty to provide that every case shall have a date fixed
for its decision^

1. And my will is that every man shall have a warrantor [to
his transactions] and that no one shall buy [and sell] except
in a market town; but he shall have the witness of the 'port-
reeve'' or of other men of credit, who can be trusted.
§ 1. And if anyone buys outside a market town, he shall
forfeit the sum due for insubordination to the king';
but the production of warrantors shall nevertheless be
continued, until the point is known at which they can
no longer be found'.
§ 2. Further, we have declared that he who has to vouch
[another man] to warranty, shall have trustworthy wit-
ness that he is doing so in accordance with the law ;
or he shall produce an oath' which he who brings the
accusation may place confidence in.
§ 3. We have similarly declared, that in cases where a man
wishes to substantiate his plea of ownership, he shall
produce trustworthy witness to this effect, or he shall
produce such an oath — an unselected oath' if he can —
as the plaintiff shall be bound to accept.
§ 4. If, however, he cannot do so, then six men from the same
locality' in which he is resident shall be nominated to
him, and he shall choose one of these six for each cow
or for livestock of an equivalent value'. Afterwards,
if more witnesses are necessary, the number shall be
increased in proportion to the value of the property
[in dispute].

8—2

116 I EDWAED

§ 5. Eac we cwsedon ; gif enig yfelra manna' wsere Be wolde
oSres yrfe to borge settan for wiSertihtlan, Saet he gecyjje
Sonne mid aSe, ?S8et he hit for nanum facne ne dyde, ac
mid [folcrihte]^ butan brede 7 bigswice'; 7 se dyde
J>onne swa Ser he dorste, Se hit man setfenge* : swa he
hit agnode, swa he hit tymde.

2. [Be Sone Se oJ>rum rihtes wyrnj?.]'

Eac we cwaedon, hwses se wjrrSe waere )>e oSrum ryhtes
wyrnde aSor oSSe on boclande oSSe on folclande ; 7 Saet he
him geand^gode of ]>am folclande', hwonne he him riht
worhte beforan Sam gerefan.

§ 1. Gif he Sonne nan riht nsefde ne on boclande ne on
folclande, pset se wsere pe rihtes wyrnde' scyldig xxx
sell' wis J>one cyning, 7 set oSrum cyrie eac swa, set
Sriddan cyrre cyninges oferhymesse, Sset is cxx sell',
buton he ser geswice.

3. [Be mansworenum.]'*

Eac we cwsedon be )>am mannum Se mdnsworan wseran, gif
Sset geswutelod wsere, oSSe him aS burste' oSSe ofercySed
wsere, pset hy siSSan aSwyrSe nseran, ac ordales wyrSe.

1 gif hiva gemearra manna. B. ' B. fulryhte. H.

^ biswice. B. beswice. Ld. * setfence. B. ^ lj

^ 1 ffxt he... folclande oraiiiedi in B. '' wyrde. B. wyrd. Ld.

* Ld. 9 oJ>burste. Ld.

CAP. 1-3 117

§ 5. We have further declared, that if there is any evil man
who by way of a countercharge^ wishes to place another's
livestock under distraint, he shall swear an oath^ that he
does it for no wicked end, but in accordance with public
law and without fraud and guile ; and in that case he
in whose possession the stock has been attached, shall
adopt whichever he dares to [of the following two
courses] : either he shall substantiate his title to it, or
he shall vouch it to warranty.

2. Further, we have declared what [penalty] he is liable to,
who withholds from another his rights either in 'bookland''
or 'folkland.' And with regard to the 'folkland' [we have
declared] that he [the plaintiff] shall appoint a day when
he [the defendant] shall do him justice in the presence of
the reeved

§ 1. If, however, he [the plaintiff] does not obtain his rights
either in 'bookland' or 'folkland,' he [the defendant] who
withholds the rights shall forfeit a fine of 30 shillings
to the king, and 30 shillings also on the second occasion,
and on the third occasion the fine for insubordination
to the king, that is 120 shillings, unless he has already
desisted [from his wrong-doing].

3. We have further declared, with regard to men who have
been accused of perjury : if the charge has been proved, or
if the oath on their behalf has collapsed ^ or has been over-
borne by more strongly supported testimony, never again
shall they have the privilege of clearing themselves by
oaths, but only by the ordeaP.

118

II EDWARD (at Exeter)

[Be fry]»e.]'

Eadweard cyning myngode his wytan, pa,^ by set Exanceastre'
waeron, J^eet hy smeadon ealle, hu heora friS betere beon maebte,
]>onne* hit ser Sam wses ; forSam him J>uhte, ]?3et hit msector
gelsest wsere, J^onne hit scolde, ]?8et he ser beboden hsefde.

1 1. He agsode hy }>a, hwa to Ssere bote cyrran wolde 7 on Ssere
geferrseddenne beon t5e he wsere, 7 J^set lufian Sset he lufode,
7 Saet ascunian Sset he ascunode, asgSer ge on sse ge on lande.

§ 2. Daet is Sonne, Sset nan man oSrum ryhtes ne wyme.

§ 3. Gif hit hwa dd, bete° swa hit beforan awriten is : set forman
cyrre XXX sell. 7 set oSran cyrre ealswa 7 asfc ]>riddan* mid
cxx sell. Sam cyninge.

2. [Be gerefan Se mid riht ne amanige.]'

7 gif hit se gerefa ne amanige mid rihte on Sara manna
gewitnesse, Se him to gewitnesse getealde syndon, Jjonne
bete mine oferhyrnesse mid cxx sell'.

3. [Be J'yfSe betogenum.]^

Gif hwa 5if]>e bet(5gen sy, )>onne niman hine on borh Sa J»e
bine hlaforde* befseston, ]>sBt he hine J>ses getrywsige ; oSSe
opere frynd, gif he hsebbe, don J?set sylfe.

§ 1. Gif he nyte, hwa hine on borh nime, ]?onne niman ]>a
Se hit togeb}Te5 on his sehtan inborh.

§ 2. Gif he naSor nsebbe ne sehta ne oSeme borh, Sonne
healde hine man to dome.

^ Ld. 2 Eadweard cyning mid his witan, d'a etc. B.

3 Exceastre. B. ■* done. B. 6 gebete. Ld.

^ priddan cyrre. Ld. terciam uicem. Quad. ^ Ld. ^ lj_

^ aer hlaforde. B.

119

II EDWAED (at Exeter)

King Edward exhorted all his councillors, when they were
at Exeter, to consider how the public peace for which they
were responsible could be kept better than it had beenS because
it seemed to him that his previous orders^ had not been carried
out so well as they ought to have been.

§ 1. He asked which of them would devote themselves to this
[work of] reformation and which of them would cooperate
with him in his efforts, favouring what he favoured and
discountenancing what he discountenanced, both by land
and sea.

§ 2. Now his concern is that no man shall withhold from another
his rights.

I 3. If anyone does so he shall pay such compensation as has
been already prescribed^ — on the first occasion 30 shillings,
on the second the same amount, and on the third 120 shil-
lings to the king.

2. And if the reeve does not exact it [the fine] in accordance
with the law, and in the presence of men who have been
assigned to him as witnesses^ he shall pay 120 shillings
compensation for insubordination to me.

3. If anyone is accused of theft, those who have found him a
lord^ shall stand surety for him, that he shall clear himself
from the accusation; or if he has any other friends, they
may perform the same office.

1 1. If he knows no one who will stand surety for him,
those concerned may take security from his property'.

§ 2. If he has neither property nor any other [means of
providing] security, then he shall be kept for trials

120 II EDWARD (AT EXETEE)

4. [Be Son Se heora agen secan willon^]^

Eac ic wylle, J^set selc man hsebbe symle' ]?a men gearowe
on his lande, Se IsSdan Sa men Se heora dgen secan willen"*,
7 hy for nanum medsceattum ne werian, ne ful ndwar friSian
ne feormian willes ne gewealdes.

5. [Be Son Se ful frij^ia)?.]"

Gif hwa Sis oferhebbe 7 his aS 7 his -wsed* brece, Se eal Seod
geseald haefS, bete swa d6mboc tsece.

§ 1. Gif he Sonne nelle, Solige ure ealra freonscipes' 7 ealles
Saes Se he age.

§ 2. Gif hine hwa feormige sySSan, bete swa seo domboc
ssecge, 7 se scyle Se flyman feormige, gif hit sy herinne ;
gif hit sy east inne, gif hit sy norS inne, bete be Sam
J^e }>a friSgewritu" ssecgan.

6. [Be Son Se his freot forwyrce.]'

Gif hwa J?urh staeltihtlan freot forwyrce 7 his hand on hand
sylle, 7 hine his magas forlsetan, 7 he nyte, hwa him fore-
bete", Sonne sy he Sses Seowweorces wyrSe, Se Sserto geby-
rige; 7 oSfealle" se wer Sam magum.

7. [Be Sone Se ojjres mannes man underfeh]? butan leafe.]^"
Ne underfd nan man oSres mannes man butan J>ses leafe Se
he aer fyligde 7 ser'^ he sy" laSleas wiS selce hand. Gif hit
hwa d6, bete mine oferhymesse.

8. [Be gemote andagum.]^^

Ic wille, J^set selc gerefa hsebbe gemot 4 ymbe feower wucan;
7 gedon Sset selc man sy folcrihtes wyrSe, 7 Sset selc sprsec
hsebbe ende 7 andagan, hwsenne hit forScume. Gif hit hwa
oferhebbe", bete swa we ser cwsedon.

' nyllon. Ld. willon. Quad. 2 l^, 3 gymble. B.

* willan. B. s j_^_ e ft^fioe 7 his wedde. Ld.

' freondscipes. Ld. freodscipes. B. ^ b_ friSgehwritu. H. ' Ld.

1" forhete. Ld. " offealle. Ld. '^ Ld. is hs^. H.

'* syl. H. sy. B. '^ Ld. " oferhabbe. Ld.

CAP. 4-8 121

4. It is my will also that everyone shall have always ready on
his estate men who will guide others wishing to follow up
their own [cattle]' ; and they [who guide] shall not for any
bribes whatsoever hinder them; nor shall they anywhere
shield crime, nor willingly and deliberately harbour [a
criminal].

5. If anyone neglects this and breaks his oath and his pledge^
[an oath and pledge] which the whole nation has given,
he shall pay such compensation as the written laws^ declare.
§ 1. If, however, he is not willing to do so, he shall forfeit

the friendship of all of us, and all that he possesses.
§ 2. If anyone subsequently harbours him, he shall pay
such compensation as the written laws declare of him
who harbours a fugitive', if the offence is committed in
our own kingdom I If the offence is committed in the
eastern or northern kingdoms', compensation shall be
paid in accordance with the provisions of the treaties*.

6. If any man, through [being found guilty of] an accusation
of stealing, forfeits his freedom and gives up his person to
his lord, and his kinsmen forsake him, and he knows no one
who will make legal amends for him, he shall do such
servile labour as may be required', and his kinsmen shall
have no right to his wergeld [if he is slain].

7. No man shall take into his service one who has been in the
service of another without the permission of the latter, and
until he is free of all charges from any other quarter. If
any man does so, he shall pay as compensation the amount
due for insubordination to me'-

8. It is my will that every reeve shall hold a meeting every
four weeks' ; and they shall see to it that every man
obtains the benefit of the public law, and that every suit
shall have a day assigned to it on which it shall be heard
and decided. And if anyone neglects [to do] this he shall
pay such compensation as we have already ordained.

122

I ^THELSTAN

iESelstanes gersednes^

Ic M]>elstan cyng^ mid gepehte Wulfhelmes [mines]'
arcebiscopes' 7 eac minra oJ»erra biscopa, cyj»e' ]>am gerefan to
gehwylcere" byrig 7 eow bidde on Godes naman 7 on ealra' his
haligra 7 eac be minum freondscipe beode, J>set ge serest of minum
agenum gdde agyfan J»a teoJ>unga, aegj?er ge on cwicum ceape ge
on J>aes geares eorSwsestmum, swa man rihtast maege oSSe gemetan
oSSe getellan oSSe awegan ; 7 J»a biscopas J'onne )>set ylce don on
heora agenum gode, 7 mine ealdormen 7 mine gerefan }>aet sylfe.

1. Ic wille, past [mine] biscopas^ 7 pa, gerefan hit beodan' eallum
J^am'" pe him hyran scylan, 7 )ȣet hit to pam rihtan andagan
gelsest sy [7 Saes sie to tSsem dseg Sser beheafdunges seint
Johannes pses fulhteres]".

2. Utan gejjencan, hu'^ lacob cwseS se heahfseder": "Decimas
et hostias pacificas offeram tibi"; 7 bu Moyses cwseS on Godes
lage : " Decimas et primitias non tardabis offerre Domino."

3." Us is to geSencanne^^, hu ondryslic hit on bocum gecweden
is: "Gyf we J»a teoJ>unga Gode gelsestan nellaj?, psdt he us
benimetS^^, J^ara nigon dtela, J>onne we Isest wenaS, 7 eac we
habbaJS, J?a synna to eacan."

1 j^HTelstanes cinyncges gerxdnes. D.

2 cyningc. D. cyning. Ld. ^ j^^ 4 hehUsceopes. Ld.

° bebeode eallum minum gereafum Surh ealle mine rice ore Jjees Drihtsenes nama

7 ealra halgena jfor mine lufu, Jpiet hi serost mines agenes ashtes Sam teoJ>e gesyllaji,

ge Sies libbedes yrfes ge Sees gearlices westmes ; 7 Sset ilce gedo eac Sa bisceopas

heora gehwylcra 7 eac mine ealdormanna 7 gereafa. Ld. ^ hwilcere. D.

7 eallum. D. * mine bisceopes. Ld. ^ ffies demap. Ld.

'° Se hio gehyrsumian gebyrap, 7 pset ilce to Sam tide fulfremap Se we hio setta}),
7 Sees sie etc. Ld. " Ld. '^ ^g_ hwast. Ld.

1' to Sam Drihten ewsej> "Ic Se wille gesyllan miiu teoj^an 7 mine siblac." And
Drihten seolfe on Sam godspel cwsep; "Eallum Sasm haebbendum mon sceal agyfan,
7 hi genyhtsumiap."

1^ We moton eac Sees Sencan, Se egeslic on Sissum bocum is gewritai: " Gif we
ure teoSan gesyllan nyllap, us Sa nygon dselas bip aetbrsedene, 7 se teopa an us bi}>
to laf." Ld. 15 ffencanne. D. i« bmimaS. D.

123

I iETHELSTAN

^thelstan's Ordinance.

I, King .^thelstan, with the advice of my Archbishop,
WulfhelmS and my other bishops also, inform the reeve in every
borough^ and pray you in the name of God and of all His saints,
and command you also by my friendship, that in the first place
ye render tithes of my own property, both in livestock and in
the yearly fruits of the earth, measuring, counting and weighing
[them] in accordance with the strictest accuracy. And the
bishops shall do the same with their own property, and my
ealdormen and my reeves likewise.

1. And I desire my bishops and the reeves to give this order
to all those whose duty it is to obey them, and that it
[the payment] be rendered on the legally appointed day;
and that shall be the day on which Saint John the Baptist
was beheaded ^

2. Let us remember how Jacob the Patriarch declared "Bed-
mas et hostias pacificas offeram tibi^," and how Moses de-
clared in God's Law "Decimas et primitias non tardabis
offerre Domino^"

3. It behoves us to remember how terrible is the declaration
stated in books' ; " If we are not willing to render tithes to
God, he will deprive us of the nine [remaining] parts, when
we least expect it, and moreover we shall have sinned
also."

124 I iETHELSTAN

4.^ 7 ic wille eac, J^set mine gerefan gedon, J>sefc man agyfe pa,
ciricsceattas 7 J?a sawlsceattas to J>am stowum ]>e hit mid
rihte togebj^ige 7 sulhaelmessan on geare, on J>a gerad )>set
J?a his brucan set fam haligan stowan, ]?e heora cyrcan beg^n
willaS 7 to Gode 7 to me geeamian willaS. Se 5e ]>onne
nelle, J^olige J>8ere are oSSe eft to rihte gecyrre.
§1. [Se godcunde lare us gemyna)?, J^set we 8a heofonlica

Singa mid Sam eorj^licum 7 Sa ecelic mid Sam hwil-

wendlicum geearniaj>.]^

5. Nu ge gehyraS, cwseS se cyng, hwaes' ic Gode ann, 7 hwset
ge geleestan sceolan' be minre oferhyrnysse. 7 gedoS eac, .
]78et ge me unnon* mines agenes, pe ge me mid rihte
gestrynan magan. Nelle ic, pset ge me mid unrihte ahwar
oht^ gestrynan; ac ic wille eowres agenes geunnan eow
rihtlice, on J^a gerad ]>e ge me unnan' mines; 7 beorgaS
8SgJ?er ge eow ge Sam ]>e ge myngian scylan' wiS Godes
yrre 7 wiS mine oferyrnesse'.

1 Cap. 4 omitted in Ld. 2 Ld. Omitted in G, D.

3 hwset Drihtene us bebeod, 7 hwsst us fulfremian geiyrap. Ged6 pset ge geor-
niaj> Sara Singa Se ge me rihtlic hegytan mseg. Ic nylle, }>set ge me hwset mid woh
begytafi. Gif ic eow ealla eowra Singa geunne, on Sa gerade Se ge me mine geomia]),
warniajy eow -j hio Se eowe tobelimpaj) Sees Drihtenes eorres 7 mines. Ld.

■• sculon. D. s geunnon. D. ^ aht. D.

' geunnan. D. 8 sculon. D. ' oferhirnesse. D.

CAP. 4-5 125

4. And I further desire that my reeves see to it that church
dues and payments for the souls of the dead' are rendered
at the places to which they are legally due, and that 'plough
alms^' [are rendered] yearly — on the understanding that
all these payments shall be used at the holy places by those
who are willing to attend to their churches, and wish to
gain the favour of God and me. He who is not willing
[to attend to his church] shall either forfeit his benefice or
revert to a proppr discharge of his duties.

§ 1. For the di'Vine teaching instructs us that we gain the
things of heaven by those of the earth, and the eternal
by the temporal.
;

5. Now ye hear, saith the king, what I grant to God, and what
ye must perform on pain of forfeiting the fine for insub-
ordination to me^ And ye shall see to it also that ye grant
me that which is my own, and which ye may legally acquire
for m^. I do not wish that ye should anywhere acquire
anyth'ing for me wrongfully, but I will rightfully grant you
that ■\jyhich is yours, on the condition that ye grant me what
is miJie. And ye must guard against the anger of God and
insubordination to me, both yourselves and those whom it
is your duty to admonish.

\

\ 126

ORDINANCE RELATING TO CHARITIES

Ic ^J^elstane cyning, eallum minum gerefiim binnon mine
rice gecyj's, mid ge]>eahte Wulflielmes mines Esrcebisceopes
7 ealra mina o}>ra bisceopa 7 Godes Seowa, for mina sinna forgyfe-
nesse, pset ic wille, J^aet ge feda]? ealle wsega 4n earm Engliscmon,
gif ge him habbaj?, o]>]>e ojjerne gefindaj>.

1. Fram twam minra feorma agyfe mon hine elce monaJ> ane
ambra meles 7 dn scone spices oJ?J»e an r4m weorj^e liil
peningas 7 scrud for twelf mon)>a selc gear. 7 J»aet ge alysa)>
an witeSeowne. 7 Sees ealle sie gedon for Diihtenesse mild-
heortnesse 7 mine lufu under J>8es bisceopes gewitnesse on
Sses rice it sie.

2. 7 gif se gereafa t5is oferheald, gebete xxx sciU., 7 sie ]>aet
feoh gedaeled JSsem Searfnm 5e on Sa tun syad, Se Sis unge-
fremed wunie, on Sses bisceopes gewitnesse.

II iETHELSTAN

iE]>elstanes gersednesse^
1. [BeSeofum.]=

.iErest' J7aet mon ne sparige nserme peot pe set hasibbendre
honda* gefongen sy, ofer Xii winter^ 7 ofer eahta peningas.
§ 1. 7 gif hit hwa do, forgylde Sone ]>eo{ be his were — 7 ne

beo" ]?am peoie no Se ge]>ingodre — oJ^J^e hine be J^am

geladie'.
§ 2. Gif he hine Jjonne' werian wille oSSe oSfleo", Sonne^ ne

sparige hine mon".
§ 3. Gif mon Seof on carcerne" gebringe, Sast he biso XL

nihta on carcerne^^, 7 hine mon Sonne^^ lyse lil; mid

H. 23 3 ^„ serest. Ot. On serest. So.

^ hand. B & Ld. « winterne. B, Ld, and originally H [Sohmid].

* sie. So. ■' ladige. So. s gienne. B.

" /eo. B. ^com. Ld, So.

1" B & Ld add ser Sam oper. So, ser ffam oder sefter.
" cwearterne. B. cwearcerne. Ld. '^ ^^^ j„,jf ^ g^ 13 ggmfie. B.

127

OEDINANCE EELATING TO CHAEITIES

I, King ^thelstan, with the advice of Wulfhelm', my arch-
bishop, and of all my other bishops and ecclesiastics', for the
forgiveness of my sins', make known to all my reeves within
my kingdom, that it is my wish that you shall always provide
a destitute Englishman with food, if you have such an one [in
your district], or if you find one [elsewhere].

1. From two of my rents' he shall be supplied with an amber^
of meal, a shank of bacon or a ram worth four pence' every
month, and clothes for twelve months annually. [And I
desire you] to make free annually one man who has been
reduced to penal slavery. And all this shall be done for the
lovingkindness of God, and for the love you bear me, with the
cognisance of the bishop in whose diocese the gift is made.

2. And if the reeve neglects [to do] this, he shall pay 30 shil-
lings compensation, and the money shall be divided, with
the cognisance of the bishop, among the poor who are on
the estate where [this] remains unfulfilled.

II ^THELSTAN

.dCthelstan's Ordinances.

First, no thief shall be spared, who is seized in the act, if he

is over twelve years old and [if the value of the stolen

goods is] more than 8 pence.

§ 1. And if anyone does spare such a thief, he shall either
pay for him to the amount of his' wergeld — though in
that case the thief shall not be any the less liable to
punishment — or clear himself [of the accusation] by an
oath of equivalent value.

§ 2. If, however, he [the thief] tries to defend himself, or if
he takes to flight, he shall not be spared '.

§ 3'. If a thief is put in prison, he shall remain there forty
days, and then he may be released on payment of

128 II ^THELSTAN

cxx sell'; 7 ga sio mseg]?^ him on borh, Sset he sefre
geswice.

§ 4. 7 gif he ofer Sset stalige, forgildon^ hy hine be his were
ofjje hine eft Sser inne gebringan'.

§ 5. 7 gif hine hwa forstonde*, forgilde hine be his were, swa
J^am cyninge swa Sam Se hit mid ryhte togebyrige; 7 selc
man ?Sara Se Jjser midstande gesylle Sam cyninge cxx
sell' to wite.

2. [Be lafordleasum mannum.]^

Ond we ewsedon be ]>am hlafordleasan mannum, 5e mon° ndn
ryht aetbegytan ne maeg, J^aet mon beode' Ssere msegj»e', Saet
hi hine to folcryhte gehamette 7 him hlaford finden' on
folcgemote.

§ 1. 7 gif hi hine Sonne begytan nyllen" oSSe ne maegen"
to )?am andagan'^ Sonne beo he sy]>J»an flyma, 7 hine
leege for Seof " se pe him tocume.

§ 2. 7 se Se hine ofer Saet feormige, forgylde hine be his
were o]>pe he" hine be Sam ladige.

3. Be ryhtes weernunge.

Se" hlaford se'^ ryhtes wyme ond for his yfelan mon''' liege:
7 mon Sone'' eing foreseee'^ forgilde J^set eeapgild^" 7 gesylle
J>am^' cynge CXX sell'. 7 se Se Sone eyng sece^^ £er he him^
ryhtes bidde swa oft swa him togebyrie, gilde Sset ilee wite
j^e''* se ojjer sceolde, gif he him ryhtes wyrnde'*.

§ 1. [Be Sam hlaford J^e his J?eowan set JjyfSum gewita sie.]^^
7 se hlaford^ J^e his Seowan set pyi"pe gewita sy, 7 hit
him on open wurSe, Solige Sses J>eowan 7 beo his weres

1 mssgjye. Ld. 2 gonn forgyldan. B. Jionne forgylden. So.

^ eft ingebringen. B. •' foranforitande. So. * B.

" Se nan inan. E. ' hude. B, So. 8 ^asr itiseg. So.

^ fundon. B. Jinde. So. hlaforde fimden. Ld. ^'' nellon. B.

" magon. B. 12 andagum. So. " deo/e. Ld. i* om. B, So.

15 And se. B, So. 16 de. B. " mm. So. 18 ),onne. So.

1^ forsece. B, So. ^o ceapegylde. Ld. 21 j,onne. So. }/sene. B.

22 Altered to gesece. H. sece. B, So. '■'^ hine. B. ^ /a«. B.

^ forwyrnd. So. 20 go. 27 hlaforde. Ld.

CAP. 1-3 129

120 shillings, but his relatives shall stand as surety
that he shall cease for ever after [from thieving].

§ 4. If he steals after that, they [his kinsmen] shall pay for
him to the amount of his wergeld or put him back
there^.

§ 5. If anyone defends him, he shall pay for him to the
amount of his^ wergeld, either to the king or to him^
to whom it is legally due, and everyone who renders
him assistance shall pay a fine of 120 shillings to the
king.

2. With regard to lordless men from whom no [legal] satisfac-
tion can be obtained, we have declared that their relatives
shall be commanded to settle them in a fixed residence
where they will become amenable to public law', and find
them a lord at a public meeting.

§ 1. If, however, on the appointed day they [the relatives of
such a man] will not or cannot, he shall be henceforth
an outlaw, and he who encounters him may assume him
to be a thief and kill him.

§ 2. And he who harbours him after he has been declared
an outlaw, shall pay for him to the amount of his'
wergeld, or clear himself with an oath of equivalent
value.

3. If a lord refuses justice ^ by taking the part of one of his
men who has done wrong, and application is made to the
king [about the matter, the lord] shall pay the value of the
goods [in dispute] and give 120 shillings to the king. He who
applies to the king before he pleads as often as is required^
for justice [at home], shall pay the same fine as the other
would have had [to pay] if he had refused him [the plaintiff]
justice.

§ 1. And if a lord is accessory to a theft by one of his slaves,
and it afterwards becomes known, he shall on the first
occasion suffer the loss of his slave and forfeit his'

130 II jEthelstan

scyldig set frumcyrre ; gif he hit oftor d6, beo he ealles
scyldig Jiaes^ he age.
§ 2. 7 eac swilce cynges hordera^ otJSe ure gerefena hwylc'
tSara Seofa gewita wsere ?5e staledon, beo he be Sam ilcan.

4. Be hlafordsearwum^

Ond we cwaedon be hlafordsearwe", Sset he beo' his feores
scyldig, gif he his' setsacan^ ne mihte o)?J»e eft on J>am J»rim-
fealdum' ordale ful waere.

5. [Be cyricbryce.] "

7 we cwsedon be ciricbryce : gif he ful wsere on tSam J»ry-
fealdan" ordale, bete be Jjam J>e sio d6mboc secge.

6. Be wiccecrseftum.

Ond we cwsedon be pam wiccecraeftum 7 be liblacum 7 be

morSdsedum, gif mon Jjser acweald'^ wsere, 7 he his setsacan'*

ne mihte ^', J^set he beo his feores scyldig.

§ 1. Gif he" )»onne setsacan* wille 7 on Sam )»rimfealdum^*
ordale ful weorSe, J>8et he beo cxx nihta on carceme ; 7
nimen'° J>a magas hine siSSan ut 7 gesyllan J»am cynge
cxx sell' 7 forgildon" Sone wer^' his" magum 7 gongon
him'"' on borh, Sset he sefre swylces geswice.

§ 2. Be blseserum.

•Da.^ blysieras^^ ond J>a Se Seof wrecen^', beon J>ses ilcan -^
ryhtes wyrSe^

§ 3. 7 se pe Seof wrecan wille 7 nanne mon ne gewundige,
gesylle J»am cyninge CXX sell' to wite for San sehlype*

7. [Be anfealdum ordale.]^

7 we cwsedon be Sam anfealdum ordale set J^am monnum pe
oft betihtlede^ wseron: 7 hy fule wurdon^'* 7 hy niten, hwa

^ ifses Se. B. Jie. So. 2 hordere. B. ^ kwylc. B. hwelc. So.

* hlafordsearwe. So. ^ hlafordsearwan. B. ^ wasre. B, So, Ld.

7 hit. B. 8 oSsacan. So. 9 SryfeaUan. B. i» B, Ld.

1' ^reofealdum. So. '2 ^ore acwealde. Ld. i' msege. Ld. mxg. So.

1^ he hit. Ld. hehis ponne oSsacan. So. ^' Sryfealdum. Ld. Jyreofealdum. So.
'" niman. Ld, So. ^^ forgylden. Ld, So. '^ were. So.

^^ (fes mannes. Ld, So. 20 ;jj, Ld. .^^^ /^^ B_ .^^^ ;jj^_ go_

^^ And pa. Ld, So. ^2 aZ[jas] "beligeras," quod sonat: accusatores

falsos in the margin of Ld. 23 .can. Ld, So. 24 j/Jca. Ld, So.

26 joj/rif. So. om. ryhtes. B, So. 26 Altered to aethlype. H.

om. io wite. B, So. 27 Ld, So. 28 g-^ Seofpe getyhtlod. Ld. oft getyhlod. So.
29 wyrden. Ld. wyrSen. So. * B comes to an end here.

CAP. 3-7 131

wergeld. If he repeats the offence he shall forfeit all
he possesses.

§ 2. And in like manner also, any of the royal treasurers^ or
[any] of our reeves who have been accessories of thieves,
who have been guilty of stealing, shall suffer the same
[penalty].

4. And we have declared with regard to one who is accused of
plotting against his lord, that he shall forfeit his life if he
cannot deny it, or [if he does deny it and] is afterwards
found guilty in the threefold ordeaP.

5. And we have declared with regard to breaking into a
church — if he [who is accused of doing so] is found guilty
in the threefold ordeal', he shall pay such compensation for
it as the written law declares''.

6. And we have declared with regard to witchcrafts and sorceries
and deadly spells ^ if death is occasioned thereby, and [the
accused] cannot deny it [the charge], that he shall forfeit
his life.

§ 1. If, however, he wishes to deny it, and is found guilty
in the threefold ordeal ', he shall remain in prison for
120 days; and afterwards the relatives may take him
out and give 120 shillings to the king and pay the
wergeld [of the dead man] to his relatives, and stand as
surety for the offender that he shall cease from such
practices for ever.

§ 2. Incendiaries, and those who avenge a thief, shall be
subject to the same law.

§ 3. And he who seeks to avenge a thief, but does not
wound anyone, shall pay a fine of 120 shillings to the
king for [making such an] assault.

7. And we have declared, with regard to the simple ordeal' for
men who have often been accused of theft, and have been
found guilty [thereby], and do not know anyone who will

9—2

132 II ^THELSTAN

hy on borh nime, gebringe man hy' on carceme 7 man hy^
do* lit, swa hit her beforan cweden^ is.

8. Be landleasum mannum.

Ond we cwsedon, gif hwylc londleas mon folgode on oj^re'
scire 7 eft his msegas gesece', J»aet he hine' on pa. gerad'
feormige, Sset he hine to folcryhte l^deS gif he J>ser gylt
gewyrce, oj>\>e forebete.

9. Be jrrfes setfenge"-

Se" ?Se yrfe bef6, nemne^^ him mon v men his neahgebura^*,
7 begite Sara v : I, Saet him midswerige, J^set he hit on folc-
ryht him toteo; 7 se J>e hit him geagnian" wille, nemne
him mon X men, 7 begite )?ara twegen 7 sylle ]>one aS, J>3et
hit on his sehte geboren waere, buton ]>am rimaSe ; 7 stonde
J»es cyreoj? ofer xx penega".

10. Behwearfe'*.

7 nan'' mon ne hwyrfe nanes yrfes buton Sses gerefan gewit-

nesse oS5e J>ses msessepreostes oSSe J>3es londhlafordes o]>pe

J»ses horderes oSSe o]?res ungelygnes monnes. Gif hit hwa

d6, gesylle'* xxx sell' to wite, 7 f(5 se londhlaford" to p&m

hwearfe*.

§ 1. Be wore''' gewitnesse.

Gif mon ]?onne afinde^^ J>8et heora senig on wore^ ge-
witnesse wsere^*, ]>8et naefre his gewitnes eft noht^^ ne
forstonde ; 7 eac gesylle xxx sell' to wite.

11. [Be Son Se scyldgunge basde set ofslegenum.]^^

Ond we cwaedon : se 5e^ scyldunga baede set ofslagenum
J>eofe, Sset he eode Sreora sum to, twegen on faederanmaga^
7 J>ridda on medren, 7 J^one a.]> syllen^', Sset hy on heora
msege nane J^yfSe nysten^", Sset he his feores wyrSe nsere for

1 hine. Ld, So. 2 jiing man. Ld, So. ' don. H. do. Ld, So.

* gecweden. Ld, Ot. ^ oper. Ld. ^ sece. Ld, Ot.

' he Se hine. Ld. ' gerade. Ld, So. " Altered to gelsede. H.

w Be ffonne Se yrf hefehpe. Ld. Be)>am}>eyrfehef6. Ot. ^^ Andse. Ld, Ot.
12 namne. Ld. '* nehbura. Ld. '^ agnian. Ld, Ot. '^ peningas. Ot.
16 Be yrfa gehwyrfe. Ld. " iJset nan. Ld. is gylde. Ld. gilde. Ot.
18 landhlaforde. Ld. ^^ gehwyrfe. Ld. ^i Altered to wohre. H.

^^ onfinde. Ld, Ot. -^ /ore. Ld. -* sy. Ld. sic. So.

-^ nawht. Ld. nauht. Ot. "" Ld. SEf o/s. /eo/. Ot. 27 jg jfojj, ^g. Lij.

°s twegen fsederamagas. Ld. t. fmderanmagas. Ot. 29 sealde. Ld, So.

2" Altered to nyston. H. nysten. Ld, Ot.

CAP. 7-11 133

stand as surety for them, they shall be put in prison and
they shall be liberated [only] on the conditions stated above.

8. And we have declared if any landless man who has been
serving in another shire \ returns to his relatives, he who
entertains him shall do so [only] on the condition that
if he commits any offence there, he [who entertains him]
shall bring him to justice, or pay compensation on his
behalf.

9. He who attaches livestock shall have five men nominated
to him from among his neighbours, and he shall select one
of the five to swear with him that he is attaching the live-
stock in accordance with public law. And he who wishes
to maintain his claim [to the livestock] shall have ten men
nominated to him, and he shall select two of them without
calling for the testimony of the whole number', and swear
an oath that the livestock was born in his possession.
Recourse shall be had to this selected oath^ when the stock
exceeds the value of 20 pence'.

10. And no one shall exchange any cattle unless he has as
witness the reeve or the mass-priest, or the landowner, or
the treasurer', or some other trustworthy man. If anyone
does so, he shall pay a fine of 30 shillings^ and the land-
owner shall take what has been exchanged.

§ 1. But if it is found that any one of them has borne false
witness, never again shall his witness be valid; and
moreover he shall pay a fine of 30 shillings.

11. And we have declared that he who demands redress for a
slain thief shall go with three' others, two [of the three] be-
longing to the father's kindred and one to the mother's, and
they shall give an oath that they know of no theft committed
by their kinsman, for perpetrating which he deserved to be

134 II ^THELSTAN

Son^ gilte ; 7 hy gin siSSan xii sume' 7 gescyldigen* hine,
swa hit ser gecweden wses ; 7 gif Sses deadan msegas Sider
> cuman noldon' to Sam andagan, gilde aelc tSe hit aer sprece*
cxx sell'.

12. [Be Son Se mon ne ceapige butan porta.]"

Ond we cwsedon, fset' mon nsenne ceap' ne geceapige' buton
porte ofer xx penega" ; ac ceapige Sser binnon on J^aes port-
gerefan gewitnesse oSSe on o]?res unlygnes" monnes, oSSe
eft on J^ara gerefena gewitnesse on folcgemote'^.

13. [Be burga gebettunge.] ^'

Ond we cweSaJ?", 5aet selc burh sy gebet xilil niht ofer

gongdagas.

§ 1. 0]>er : J>3et selc ceaping'^ sy binnon port.

14. Be mjmeterum.

Dridda: ]?8et" an mynet sy ofer eall" Sses cynges onweald^*:

7 nan mon ne mynetige buton on port".

§1.7 gif se mynetere fiil wurSe, slea mon of j?a, bond, Se he
Sset fiil mid worhte, 7 sette up on^° 5a mynetsmiSSan ;
7 gif hit ]>onne tyhtle sy, 7 he hine ladian wille, Sonne
ga he to ]>am hatum isene, 7 ladige J»a bond, mid Se^^
mon tyhS, Sset he Jjset facen mid worhte ; 7 gif he on'^
)»am ordale ful wurSe, do mon Jjset ilce, swa hit ser^
beforan cwseS.

§ 2. On Cantwarabyrig VII myneteras : IIII pads cynges 7
II J»ass biscopes i Sses abbodes; to Hrofeceastre [iii]":
II cynges ^^ 7 I ]?ass biscopes to Lundenbyrig viii; to
Wintaceastre vi ; to Lsewe 11 ; to Hsestingaceastre i ;
oJ?er to Cisseceastre ; to Hamtune 11 : to Wserham 11 ;
[to Dorcaceastre i]^''; to Execeastre^ 11; to Sceaftes-
byrig^ II ; elles to J>am oSrum burgum i.

1 Altered to 9'am. H. Ssem gylt. Ld. 2 uoelfa mm. Ld. 3 gescylden. Ld.

^ nyllen. Ld. nellan. Ot. ^ sprsec. So. sprasce. Ld. ^ Ld.

' beSonfiset. Ld. ^ ceape. Ld. ^ceapige. Ld,So. ^^ peninga. Ld.Ot.
" ungeligenes. Ld, So. 12 folcmote. Ld. 13 l,j jjg burhbot. So.

1^ cwsedon. Ld, Ot. 1^ ylc ceapunge. Ld. ^^ ^g cwsedon paet. Ld.

" ealle. Ld, So. is anwealde. Ld. i^ hutan port. Ld, Ot.

^ ufan on. Ld, So. 21 giem. Ld. 22 ffgnne on. Ld, Ot.

23 her. Ld, Ot. 24 Ld, Ot. 26 twegen pses cynges. Ld, Ot.

28 So. in Dorchecestre unus. Quad. 27 Eaxanceastre. Ld.

28 Sceaftesbyrg . Ot.

CAP, 11-14 135

put to death. The homicide shall go with twelve others
and charge the dead man with guilt in the manner already
ordained ^ And if the kinsmen of the dead man will not
come thither at the appointed day, each of those who have
demanded redress shall pay 120 shillings.

12. And we have declared that no one shall buy goods^ worth
more than 20 pence, outside a town; but he shall buy
within the town, in the presence of the port-reeve or some
other trustworthy man, or again, in the presence of the
reeves at a public meeting.

13. And we declare' that every fortress shall be repaired by a
fortnight after Rogation days I

§ 1. Secondly: that all trading shall be carried on in a town.

1 4. Thirdly : [we declare] that there shall be one coinage through-
out the king's realm, and no man shall mint money except
in a town'-

§ 1. And if a moneyer is found guilty [of issuing base or
light coins] the hand shall be cut off with which he
committed the crime, and fastened up on the mint.
But if he is accused and he wishes to clear himself,
then shall he go to the hot iron [ordeal]' and redeem
the hand with which he is accused of having committed
the crime. And if he is proved guilty the same punish-
ment shall be inflicted as we have already declared.

1 2. In Canterbury there shall be seven moneyers : four for
the king, two for the archbishop, one for the abbot'. In
Rochester, two for the king and one for the bishop. In
London eight; in Winchester six; in Lewes two; in
Hastings one; another in Chichester; two in Southamp-
ton; two in Warehatri; [one in Dorchester]; two in
Exeter; two at Shaftesbury, and one in [each of] the
other boroughs^.

136 II iETHELSTAN

15. [Be scyldwyrhtura.]^

FeorSe : Jjset^ nan scyldwyrhta ne lecge nan scepes fel' on
scyld ; 7 gif he hit d6, gilde xxx sell'.

16. Fifte : Sset tele mon hsebbe set j^sere* syhl li [wel]" gehorsede
men.

17. [Be Ssem 8e set )>eofe medsceatte nima]?.]^

Syxte : Gif hwa set j^eofe medsceat nime 7 oj^res ryht' afylle,
beo^ he his weres scyldig.

18. [Be horsum.]9

SeofoSe : pset nan mon ne sylle nan hors ofer s8§, buton he
hit gifan wille.

19. [Be Seowman Se ful wurj?e set ordale.]^"

Ond we ewsedon be }>eowan men", gif he fiil wurj?e'^ ast
J>am ordale, J^set mon guide'" J^set ceapgild" 7 swinge hine
man fSriwa o?5Se Jjset oper gild'" sealde'* : 7 sy ]?set wite be
healfum wurSe" set J^am tSeowum'^-

20. [Be Son Se gemot forsitte.]"

Gif hwa gemot forsitte j^riwa, gilde Sses cynges oferhyrnesse ;
7 hit beo^" seofon nihtum ser geboden, ser Sset gemot sy.
§ 1. Gif he )>onne ryhf^' wyrcan nylle^ ne pa oferhjrmesse

syllan, Jjonne ridan^^ J>a yldestan men to, ealle pe to ]?sere

by rig hiron, 7 nimon eall" Sset he age 7 setton hine on

borh.
§ 2. Gif hwa Jjonne nylle ridan^» mid his geferan^, gilde

cynges oferhyrnesse.
§ 3. Ond beode mon on ]>am geniote^, Sset mon eal frij>ige,

Jjset se cyng frij?ian wille ; 7 forgd ]>yfSe^ be his feore

7 be eallum J^am pe he age.
§ 4. 7 se pe be [Sissum]^ geswican nylle, Sonne ridon"" J?a

yldestan men to, ealle pe to J>sere byrig hyron, 7 nimon

' Ld. 2 we ewsedon psst. Ld. ^ sceapesfelle. Ld. * fer. Ld.

5 Ld. 6 Ld. ' rihte. Ld. 8 6^. Ld. ^ Ld. w Ld.

" Seowmen. Ld. i^ loyrpe. Ld, Ot. 13 gylde. Ld. " ceapgylde. Ld.
15 gylde. Ld. '^ sylle. Ld. sealde. Ot. i' healfan wyrpe. Ld.

18 ffeowan. Ld. is Ld. 20 gy. Ld. sie. Ot.

31 riUe. Ld. 22 nelle. Ot. 23 riden. Ld, Ot.

2^ caZZ« Sa yldestan men, ffe to Sser byrig hyren, 7 ninien ealle. Ld.
25 neZZe toridan. Ld. ge::dan. Ot. 26 geferum. Ld, Ot. 27 gemot. Ld.

28 *//jJa. Ld, Ot. 29 Ld. wiJum. H. /i/sum. Ot.

^ riden. Ld, as frequently.

CAP. 15-20 187

15. Fourthly: [we declare] that no shield-maker shall cover a
shield with sheepskin. If he does he shall pay 30 shillings.

16. Fifthly : [we declare] that every man shall provide two well-
mounted men^ for every plough in his possession.

17. Sixthly: [we declare] if anyone takes bribes from a thief
and [by so doing] frustrates the just claims of another, he
shall forfeit his wergeld.

18. Seventhly : [we declare] that no man shall send any horse
across the sea unless he wishes to make a present of it.

19. And we have declared with regard to a slave who has been
found guilty in the ordeaU, that [his master] shall pay the
amount involved, and either inflict three scourgings on him
or pay a second sum equal to the amount involved. And the
fine for theft by a slave shall be half the amount [paid by
a freeman for a similar offence].

20. And if anyone fails to attend an assembly three times, he
shall pay the fine due to the king for insubordination'. And
the meeting of the assembly shall be announced seven days
before it is held.

§ ] . If, however, he will not comply with the law, and pay
the fine for insubordination, then all the chief men who
belong to the borough shall ride [to his house] and take
all that he owns, and place him under surety.

§ 2. If anyone refuses to ride [on such a mission] with his
companions, he shall pay the fine for insubordination
to the king'-

§ 3. And it shall be proclaimed in the assembly, that men
shall respect everything which the king wishes to be
respected, and refrain from theft on pain of death and
[the loss of] all they possess.

§ 4. Again, if any even then will not desist, all the chief
men who belong to the borough shall ride and take
all he possesses, and the king shall receive half, and

138 II iETHELSTAN

eall Sset he age — 7 f(5 se cyng to healfum, to healfum 8a

men ?Se on ]>3bTe rade beon' — 7 setton hine on borh.
§ 5. Gif he nite^, hwa hine aborgie, hsefton hine.
§ 6. Gif he nylle hit gej^afian, leton' hine licgan, buton he

0]? winded
§ 7. Gif hwa hine wrecan^ wille o55e [heora senigne]' fsllsece,

]>onne beo' he fah wiS Sone cyng 7 witS ealle his freond.
§8. Gif he £etwinde^ 7 hine hwa feormige, sy he his weres

scyldig, buton he hine ladian durre be fass flyman were,

Jjset he hine flyman" nyste.

21. [Be Ssem Se for ordale SingiaJ?.]'"

Gif hwa J>ingie for ordal, Singie on Sam ceapgilde ]>aet he
msege, 7 noht" on Sam wite, buton hit se gifan wille J>e hit
togebyrige.

22. [Be Son Se ojjres mannes man underfeh]?.]^''

7 ne underfd nan mon oj^res monnes mon, buton his^' leafe

}>e he ser folgode.

§ 1. Gif hit hwa dd, agife J?one" mon 7 bete [Sees] cynges'^

oferhymesse.
§ 2. 7 non mon ne tsece" his getihtledan mon from him, ser

he hsebbe ryht geworht".

23. [Be Son Se ordales weddiga]>.]^^

Gif hwa ordales weddige, Sonne cume he J»rim nihtum ser to
]?am msessepreoste pe hit halgian scyle, ond fade hine sylfae
mid hlafe 7 mid wsetre 7 sealte 7 wyrtum, eer he togan scyle,
7 gestonde him msessan" J^eera Jreora daga selcne^", 7 offrige^'
to 7 g4 to husle Sy dasge pe he to Sam ordale gan scyle, 7
swerige Sonne J?one aS J^set he sy mid folcryhte unscyldig
Ssere tihtlan, ser he^^ to Jiam ordale g4.

§ 1. 7 gif hit sy wseter, Sset he gedufe o)>re healfe^' elne

' rad syn. Ld. rade sien. Ot. ^ nyt. Ld. ' lastan. Ld.

* Altered to sstwinde. H. ^ Gif hine Sonne hwa awrecan. Ld.

" Ld, Ot. hine. H. ' sy. Ld. » Sonne opwinde. Ld.

» fiymene. Ld. i» Ld. " nawiU. Ld. 12 l^.

1' Sees. Ld,.Ot. " he Sone. Ld. '^ Sass cynges. Ld, Ot.

" getxce. Ld. " geworhte. Ld. is l^_ is /^jj msessan. Ld.

^ ylce. Ld. 21 geoffrige. Ld, Ot. 22 ffg ftp_ l^_

22 drco healfelne. Ld.

CAP. 20-23 139

the men who ride to apprehend him the other half, and
they shall place him under surety.

§ 5. And if he knows no one who will, act as surety for him,
they shall arrest him.

§ 6. And if he is not willing to consent thereto, they shall
put him to death, unless he escapes.

§ 7. And if anyone tries to avenge him, or institutes a ven-
detta against any of them [who slew him], then he shall
incur the hostility of the king and all his friends.

§ 8. If he escapes and anyone harbours him, he [who does
so] shall forfeit his'' wergeld unless he dares to clear
himself by [declaring on an oath equal to] the fugitive's
wergeld, that he did not know he was a fugitive.

21. If anyone compounds for an ordeal, he shall make what
terms he can for the amount involved, but on no account
shall he compound for the fine\ unless he to whom it is due
is willing to consent ^-

22. And no one shall receive a man who is subject to another,
without the permission of him whom he has been serving.

§ 1. If anyone does so, he shall give up the man and pay
as compensation the sum due to the king for insubor-
dination^

§ 2. And no one shall send away one of his men, if he has
been accused, before the man has complied with the
demands of the law.

23. If anyone engages to undergo an ordeal, he shall come three
days before to the mass-priest who is to consecrate it^,
and he shall feed himself on bread and water and salt and
herbs before he proceeds thither'', and he shall attend mass
on each of the three days. And on the day he has to go to
the ordeal, he shall make an offering and attend communion;
and then before he goes to the ordeal, he shall swear an
oath that according to the public law he is innocent of the
accusation.

§ 1. And if the ordeal is by water he shall sink to a depth

140 II ^THELSTAN

on J>am rape ; gif hit sy ysenordal^ beon Sreo niht^ ser
mon J?a bond und6^

§ 2. 7 ofga £elc mon his tihtlan mid forea?Se^, swa we ser
cwsedon ; 7 beo ]?sera aelc faestende on segj^era" bond se"
Sser mid sy, on' Godes bebode 7 Sses asrcebiscopes^ ; 7
ne beo Sser on na]>re healf na ma monna J>onne XII.
Gif se getihtloda mon Sonne maran werude beo" ]>onne
twelfa sum, J?onne beo ]»8et ordal forod", buton hy him
from gan willon''.

24. [Be Ssem Se yrfe hycgap.y-'

Ond se )>e yrfe bycge on gewitnesse 7 hit eft tymon" scyle,
]?onne onfd se his pe he hit £r astbohte, beo he swa" freoh
swa Seow, swa hweSer he sy.

1 1. 7 Sset nan cyping ne sy Sunnondagum ; gif hit Sonne
hwa dd, Jjolige Sses ceapes 7 gesylle" xxx sell' to wite.

25. Gif minra gerefena hwylc" J^onne J?is don nylle 7 Ises ymbe^^
beo ]7onne we gecwseden habbaS, ]>onne gylde he mine ofer-
hyrnesse 7 ic finde oj^erne Se wile.

§ 1. Ond se biscop amonige J?a oferhyrnesse set J»am gerefan,
J»e hit on his folgoJ>e sy.

§ 2. Se Se of Sissa geraednesse gi., gilde set frumcirre v pund,
Est ojrum cirre his wer, set J?riddan cirre Solige ealles^'
)j8es he age 7 ure ealra freondscipes.

26. [Be mansworum.]^"

Ond se Se manaS^^ swerige, 7 hit him on open wurj>e^'', Sset
he nsefre eft aSwyrJje ne sy, ne binnon nanum gehalgodum
lictune ne liege, J)eah he forSfore^, buton he hsebbe Saes

1 sy isen. Ld. = gyn Sreo vihte. Ld. s ondo. Ld, Ot.

* tyhtan mid foreafi. Ld. ^ seg}>ere. Ld. « gg^ i,^^ Qt. '' he. Ld.

8 bisceopes. Ld. » Altered to healfe. nawjyre healfa. Ld.

^0 weorod sy. Ld. weorode sie. Ot. ^^ sy deet ordale forode. Ld.

12 wille. Ld. willen. Ot. >» Ld. " nwn teaman. Ld.

" sy swa. Ld. « ceapgyld 7 sylle. Ld. " gehwylce Sis. Ld.

'8 oppe Isssse ymb sy. Ld. i" ealle. Ld. 2" Ld. 21 „i^,i^ qA. L|J.
22 weoTpe. Ld. 23 gefeere. Ld.

CAP. 23-26 141

of one-and-a-half ells on the rope'. If the ordeal is by
[hot] iron three days shall elapse before the hand is
unwrapped.

§ 2. And every man shall precede his accusation with an
oath, as we have already declared', and everyone who
is present in both parties shall fast according to the
command of God and the archbishop. And there shall
not be more than twelve on either side. If, however, the
accused man is one of a party greater than twelve, the
ordeal shall be invalidated, unless they'' will leave him.

24. And if anyone buys cattle in the presence of a witness, and
afterwards has to vouch it to warranty, then he from whom
he has bought it shall receive it back again', whether he be
a slave'' or a freeman — whichever he may be.

§1. And no trading shall take place on Sundays; and if
anyone does so he shall lose the goods and pay a fine of
30 shillings.

25.' If any of my reeves is not willing to carry out this
[our ordinance], or shows less regard for it than we have
declared [he must], then he shall pay the fine due to me
for insubordination, and I will find another [reeve] who will
be willing.

1 1. And the fine for insubordination shall be exacted from
the reeve by the bishop, within whose diocese the ofi"ence
is perpetrated.

§ 2. He who violates these ordinances shall, on the first
occasion, pay -5 pounds'; on the second occasion, his
wergeld ; and on the third he shall lose all that he has,
and the friendship of us all.

26. And if anyone swears a false oath and it becomes manifest
he has done so, he shall never again have the right to swear
an oath; and he shall not be buried in any consecrated burial
ground when he dies, unless he has the testimony of the

142 II AND III ^THELSTAN

biscopes gewitnesse, ?Se he on his scriftscire' sy, J>8et he
hit swa gebet^ hsebbe, swa him his scrift scrife.
§1.7 his scrift hit gecy]>e J>ain biscope' binnon xxx nihta,
hwe}?er he to J^sere bote cirran wolde". Gif he swa ne
d6, bete be ]>am pe se biscop" him* forgifan wille.

[Ealle Sis waes gesetted on Sam miclan synoj? eet Greatanleage ;
on ]?am wses se sercebisceop Wulfhelme mid eallum J^sem
se}?elum mannum 7 wiotan, Se ^J>elstan cyning mihte'
gegadrian.]'

Ill ^THELSTAN

Decretum episcoporum et aliorum sapientum
de Kantia' de pace observanda.

Karissime ! Episcopi tui de Kantia' et omnes Cantescyrae
Thaini", Comites et Villani tibi, domino karissimo'^ suo, gratias
agunt, quod nobis de pace nostra prsecipere voluisti, et de com-
modo nostro quserere" et consulere, quia magnum inde nobis est
opus, divitibus et pauperibus'*.

1. Et hoc incepimus quanta diligentia" potuimus, auxilio
sapientum eorum^'' quos ad nos misisti.

§ 1. Unde, karissime Domine, primum est de decima nostra,
ad quod multura^' cupidi sumus et voluntarii, et tibi
suppliciter" gratias reddimus'* adraonitionis tue.

2. Secundum est de pace nostra, quam omnis populus teneri ,
desiderat, sicut apud Greateleyam sapientes tui posuerunt,
et sicut etiam nunc dictum est in concilio apud Favres-
ham".

1 scire. Ld. ^ gehete. Ld. 3 p^^ bisceop. Ld.

* bote wille. Ld. ° iete swa se hisceop. Ld. ^ hine. Ld.

' om. Ld ; supplied from Quadr. (congregare potuit). 8 l^.

^ Cantia. T. Kent. M. ^^ de Kent et omnis Kentescire t(h)ayni. Br, M.
^' dilectissimo. Br. ^^ perquirere. Br, M. i' egenis. Br, M.

" quantum diligentius. Lond. i^ consilio horum sapientium. Br, M.

18 quod valde. Br, M, etc. ; quam v-. T. " supplices. M.

w agimus. Br, M. '^ Fefresham. Br, M.

CAP. 26 AND 1-2 143

bishop, in whose diocese he is, that he has made such
amends as his confessor has prescribed to him.

§ 1. And his confessor shall make known to the bishop
within thirty days whether he has been willing to make
amends. If he [the confessor] does not do so, he shall
pay such compensation as the bishop is willing to allow
him [to pay].

All this was established at the great assembly at GratelyS at
which Archbishop Wulf helm ^ was present, with all the nobles
and councillors whom King ^thelstan had assembled.

Ill iETHELSTAN

The decree of the bishops' and other councillors in Kent, con-
cerning measures for the preservation of the public peace.

Most beloved ! your bishops in Kent, and all the thegns'' of
that county, nobles and commoners, give thanks to you their
most beloved lord, because you have been willing to advise us
concerning the peace of our land; and to enquire into, and
provide for our welfare ; for we, both rich and poor, have great
need thereof.

1. And this we have undertaken, with all the zeal of which we
were capable, and with the help of the councillors whom you
have sent to us.

§ 1. The first [of the provisions] inost beloved lord ! relates
to our tithes', for the [payment of] which we are very
eager and desirous ; and we humbly return thanks to
you for your injunction.

2. The second relates to the measures enacted by your coun-
cillors at Grately^, and now also proclaimed in the Council
at Faversham^ for the peace of our land, for the preserva-
tion of which the whole people is much concerned.

144 III ^THELSTAN

3. Terbium est, quod gratiant omnes misericorditer te^ karis-
simum^ dominum suum, super^ dono quod forisfactis homini-
bus concessisti ; hoc est, quod pardonatur omnibus forisfac-
tura de quocumque furto,quod ante concilium de Favresham*
factum fuit, eo tenore ut^ semper deinceps ab omni malo
quiescant, et omne latrocinium suum^ coniiteantur et emen-
dent hinc ad Augustum.

4. Quartum, ne aliquis recipiat alterius hominem sine licentia
eius' cui ante* folgavit nee intra raercam nee extra ;

§ 1. et etiam ne dominus libero homini hlafordsoknam' in-
terdicat, si eum recte custodierit.

5. Quintum, qui ex hoc discedat, sit dignus eorum quae in
scripto pacis dicuntur", quod apud Greateleiam institutum
est.

6. Sextum, si aliquis homo sit adeo dives vel tantse parentelse
ut" castigari non possit vel idem'^ cessare nolit, ut facias'*
qualiter abstrahatur in aliam aliquam partem regni tui, sicut
dictum est in occiduis partibus, sit alterutrum quod sit, sic"
comitum sic" villanorum.

7. Septimum, ut omnis homo teneat homines sues in fideius-
sione sua contra omne furtum.

§ 1. Si tunc sit aliquis qui tot homines habeat, quod non
sufficiat omnes custodire, prseponat sibi singulis villis
prsepositum unum, [talem prepositum]'* qui credibilis
ei sit, et qui concredat hominibus.

§ 2. [Et si praepositus alicui eorum hominum concredere non
audeat, inveniat XII plegios cognationis suae, qui ei stent
in fideiussione sua.]'°

§ 3. Et si [dominus vel]'" propositus vel aliquis homo hoc
infringat vel abhinc exeat, sit dignus eorum quae apud
Greateleiam dicta sunt, nisi regi [magis]'" placeat alia
iustitia.

1 om. Br, M. ^ ft'mS. Hk, M. 3 de. Br. ■> Fefresham. Br, M.

^ quo. Br, M. ^ om. Br, M. ' ipsius. Br, M. * prius. Br, M.

^ hlasocnam. Br, M. '" habentur. Br, M. ii cur. M, Hk, Br, etc.

12 illud. Br. '•' efficiaa. Br, M. " sit. Or, T. is K.
« Br, M.

CAP. 3-7 145

3. Thirdly, all humbly' thank you, their most beloved lord, for
the favour you have granted to criminals ; namely that all
criminals shall be pardoned^ for any crime whatsoever,
which was committed before the Council of Faversham, on
the condition that henceforth and forever they abstain from
all evil doing, and between now and August confess their
crimes and make amends for everything of which they have
been guilty.

4. Fourthly, no one shall receive a man who has been in the
service of another, without the permission of him he has
been serving^ whether within our borders or beyond them.
§ 1. And a lord also shall not prohibit a free man from

seeking for himself a [new] lord', if he has conducted
himself^ rightly.

5. Fifthly, he who neglects this shall be liable to those [punish-
ments] which are stated in the statute relating to the public
peace', which was drawn up at Grately.

6. Sixthly, if any man is so rich', or belongs to so powerful a
kindred that he cannot be punished, and moreover is not
willing to desist [from his wrongdoing], you shall cause him
to be removed to another part of your kingdom, as was
declared in the west" — whatever his station in life, whether
he be noble or commoner.

7. Seventhly, every man shall stand surety for his own men
against every [charge of] crime '-

§ 1. If, however, there is anyone who has so many men, that
he is not able to control them, he shall place each estate
in charge of a reeve, whom he can trust, and who will
trust the men.

§ 2. And if there is any of those men whom the reeve dare
not trust, he shall find twelve supporters from among
his kindred, who will stand as security for him.

§ 3. And if a lord or a reeve or any man breaks this decree
or departs from it, he shall suffer the penalties declared
at Grately, unless the king prefers to inflict a different
penalty.

A. 10

146 III AND IV ^THELSTAN

8. Octavum, quod omnibus placuit dfe opere scutorum sicut
dixisti.
Precamur, Domine, misericordiam tuam, si in hoc scripto alter-
utrum sit', vel nimis vel minus, ut hoc emendari' iubeas
secundum' velle tuum. Et nos devote parati sumus ad
omnia quae nobis prsecipere velis, quse unquam aliquatenus
implere valeamus.

IV ^THELSTAN
Decretum sapientum Anglise.

1. [Ubi haec judicia fuerunt instituta.]^

Hasc sunt iudicia quae sapientes Exonise consilio iEJ»elstani
regis instituerunt et item" apud Fefresham' et tertia vice
apud ©unresfelde, ubi totum' hoc definitum* simul et con-
firmatum est.

2. [De judiciis observandis, quae apud Greateleiam edita fue-
runt.]

Et hoc inprimis est, ut observentur omnia iudicia, quas apud
Greateleiam posita fuerunt, prseter mercatum civitatis et
diei Dominicse.

3. [De divitibus vel generosis a furto vel latronum firmatione
non desistentibus.]

Et si quis adeo dives sit vel tantse cognationis, ut a furto
vel defensione latronum vel firmatione revocari non possit,
educatur de patria ista' cum uxore et pueris et omnibus
rebus suis ad earn partem regni huius, quam rex velit'", sit
quicumque sifc, sic" comitum, sic" villanorum, eo tenore quo
numquam in patriam redeat'^ Et si umquam" in patria ista
obviet alicui", sit tamquam in manus habens'" fur inventus.
§ 1. Et qui eum firmabit vel suorum aliquem mittet ad eum,
pecuniae suae reus sit in omnibus quae habebit.

' sit in hoc, sit alterutrum. Br, M, Hk, T. '■' emendare. Br, M. ' iiucta. Br, M.

■i The titles are taken from Brompton. '' iterum (where no MS authority

is stated the variant is common to MSS other than those of the London group).

" Favr-. Lond. ' om. M, Hk, Br. ^ ^jg__ Lond. ' om. de

■patria ista. M, Hk, Br. i" voluerit. n sit. '^ revertatur.

'' numquam. Lond. " Et deinceps numquam obviet alicui in patria ista.

'^ fur inter manus habens. B, T, M, Hk.

CAP. 8 AND 1-3 147

8. Eighthly, we have all agreed that shields shall be made in
accordance with your declarations'.

And we beseech your clemency, lord ! if this document contains
either too much, or too little, to command alterations to be
made according to your wishes. And we are zealously pre-
pared to cajry out everything you are willing to order us,
in so far as it lies within our power to do so.

IV iETHELSTAN

1. These are the ordinances which the councillors established
at Exeter' by the advice of King .^tbelstan, and again at
Faversham^ and on a third occasion at Thundersfield(?)*
where all these provisions were drawn up, and ratified.

2. And first of all ; all the decrees shall be observed, which
were established at Grately except those which relate to
trading in a town' and trading on Sunday*.

3. And if anyone is so rich or belongs to so powerful a kindred',
that he cannot be restrained from crime or from protecting
and harbouring 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^

§ 1. And if anyone harbours him, or sends to him any of
his' men, he shall be liable to the confiscation of all
his property.

10—2

148 IV ^THELSTAN

§ 2. Hoc autem igitur est quia iuramenta et vadia, quae regi
et sapientibus suis data fuerunt, semper infracta' sunt
et minus observata quam pro Deo" et seculo conveniat.

4. [De illo qui alterius hominem recepit.]

Et qui alterius hominem suscipiet' intra mercam vel extra,
quem pro malo suo dimittat et castigare non possit, reddat
regi centum viginti solidos, et redeat intus unde exivit, et
rectum faciat ei cui servivit antea*.

6. [Ne dominus libero homini ius prohibeat.]

Et item, ne dominus libero homini hlafordsocnam prohibeat,
qui ei per omnia rectum fecerit.

6. [De fare capto, qui personam vel locum pacis adierit.J
Et sit fur qui furatus est postquam concilium fuit apud
Dunresfeld vel furetur", nullo modo vita dignus habeatur* ;
non per socnam, non per pecuniam, si per verum reveletur
in eo ; sit liber, sit servus, sic' comitum, sic' villanorum, sit
domina, sit pedissequa, sit quicumque sit, sic' handhab-
benda, sic* non handhabbenda ; si pro certo sciatur — id est
si verbum non dixerit" ut andsaca" sit — vel in ordalio reus
sit", vel per aliud aliquid [culpabilis] " innotescat.
§ 1. Si regem vel archiepiscopum requirat vel sanctam Dei

ecclesiam, habeat novem noctes de termino; et quaerat

quicquid quaerat, non habeat vitam diutius, de quo vere

palam erit^', nisi capi non possit.
§2". Si episcopum vel comitem vel abbatem vel alderman-

num vel thainum requirat, habeat terminum tres noctes;

et quaerat quicquid'^ quaerat, non habeat vitam diucius,

si capiatur.

§ 3. Si autem fugiat" prosequatur" eum omnis homo super
vitam suam qui velit quod rex, et occidat eum cui
obviabit. Qui ei pepercerit vel eundem firmaverit'',
indignus sit omnium quae habebit et vitas suae, sicut

^ E, T, M, Hk. superinfracta. Lond. ^ quam Deo. Lond. ' recipiet.

* servierat. R, T, M, Hk. ^ furabitur. « sit. ' sit. T, M, Hk.

* sit. T. 8 direxerit. E, T, M, Hk. " ddsaca. Lond. See note ad loc.
" appareat. '" om. Lond. is fiterit. E, T, M, Hk. " In K (fol-
lowed by Price and Schmid) § 3 conies before § 2. '^ quod. Or, E, T, M, Hk.

" aufugiat. " persequatur. E, T, M, Hk. 's firmaUt. E, T, M, Hk.

' CAP. 3-6 149

§ 2. And the reason for this is that the oaths and pledges
which were given to the king and his councillors have
been continuously violated ^ or observed" less strictly
than is acceptable to God and to the secular authority.

4. If anyone shall receive a man who has been in the service
of another^, within or beyond the border'', whom the latter
has dismissed for his wrongdoing, and whom he has not
been able to punish, he shall pay 120 shillings to the king' ;
and the fugitive shall return to the place from which he came
and render satisfaction to him in Whose service he has been.

5. And further, a freeman who has acted rightly in all respects
to his lord, shall not be prevented from seeking a [new] lord^

6. And if there is a thief who has committed theft since the
Council was held at Thundersfield, and is still engaged in
thieving, he shall in no way be judged worthy of life, neither
by claiming the right of protection' nor by making monetary
payment, if the charge is truly substantiated against him^ —
whether it is a freeman or a slave, a noble or commoner, or,
if it is a woman, whether she is a mistress or a maid —
whosoever it may be, whether taken in the act or not taken
in the act, if it is known for a certainty — that is, if he
shall not make a statement of denial^ — or if the charge is
proved in the ordeal^ or if his guilt becomes known in any
other way.

§ 1. And if he seeks the king, or the archbishop, or a holy
church of God, he shall have respite for nine days ; but
let him seek [whomsoever or] whatsoever he may, un-
less he cannot be captured, he shall not be allowed to
live longer, if the truth becomes known about him.

§ 2. And if he seeks a bishop' or a nobleman, an abbot or
an ealdorman or a thegn, he shall have a respite for
three days. But let him seek whatever he may, he shall
not be spared longer, if he is caught.

§ 3. If however he takes to flight, he shall be pursued to his
death by all men who are willing to carry out the king's
wishes^, and whoever shall meet him shall kill him. And
he who spares or harbours him shall forfeit his life and
all that he has as if he were a thief himself, unless he

150 IV ^THELSTAN

fur, nisi se possit allegiare quod nee furtum cum eo
sciret nee faenum', pro quo vitse suse'' reus asset.

§ 4. Si libera mulier sit, prseeipitetur de clivo vel submer-
gatur.

§ 5. Si servus homo sit, eant sexaginta et^ viginti servi et
lapident eum. Et si colpus alieui fallat ter, verberetur
et ipse ter.

§ 6. Tunc^ quando furatus servus mortuus fuerit", reddat
unusquisque servorum illorum tres denarios domino suo.

§ 7. Si serva aneilla sit et ipsa furetur alicubi prseterquam
domino suo et* dominse suse, adeant sexaginta et viginti
ancillse et afiferant singulse tria ligna et comburant earn
unam aneillam, et conferant totidem denarios, quot servi
deberent, aut verberentur, sicut de servis dictum est.

7. [De infringentibus ista statuta et eorum poena.]

Et si quis prsepositus hoe non feeerit' nee inde euram habu-
erit', det regi centum viginti solidos, si per verum recitetur
super eum, et etiam indecentia perferat, sieut dictum est'.
Et si thainus sit qui hoc faeiat vel aliquis alius, sit hoc idem.

Fragment of IV JEthelstan.

6. § 1. 7 we geewsedon set E)unresfelda on Jjsem gemote, gif

hwilc J^eof oSSe reafere gesohte )>one cing oJjJjc hwylce

cyrican 7 Sone biscop, ]>set he hsebbe nigon nihta fyrst.
§ 2. 7 gif he ealderman oS5e abbud ci)p\e Segen sece, haebbe

tSeora nihta fyrst.
§ 3. 7 gif hine hwa lecge binnan tSsem fyrste, J^onne gebete

he Sses mundbyrde Se he ser sohte, oj7]>e he hine twelfa

sum ladige, ]>Eet he J>a socne nyste.
§ 4. 7 sece swylce socne swylce he sece, J?8et he ne sy his

feores wyrSe, butan swa feola nihta swa we her beufan

cwsedon.
§ 5. 7 se Se hine ofer J^set feormige sy Sses ilcan wyrSe J»aes

Se se Seof, butan he hine ladian msege, Saet he him nan

facn ne nane SyfJ^e on nyste.

1 facinus. K, T, Or. factum. M, Hk. 2 ■nwrtis.

" om. sexaginta et. E, T, M, Br. * Et. '^ erit mortuus. E, T, M, Hk.

* vel. ' hoc disperdat. » adhibeat. ' diximus.

CAP. 6-7 151

can prove that he was not aware of any theft or crime
for which his [the fugitive's] life was forfeit.

§ 4. In the case of a free woman, she shall be thrown from
a cliff or drowned.

§5. In the case of a male slave, sixty and twenty^ slaves
shall go and stone him. And if any of them fails three
times to hit him, he shall himself be scourged three
times.

§ 6. When a slave guilty of theft has been put to death, each
of those slaves shall give three pennies to his lord'-

§ 7. In the case of a female slave who commits an act of
theft anywhere except against her master or mistress,
sixty and twenty female slaves shall go and bring three
logs each and burn that one slave ; and they shall pay
as many pennies as male slaves would have to pay',
or suffer scourging as has been stated above ^ with
reference to male slaves.

7. And if any reeve will neither carry out nor show sufficient
regard for this [ordinance], he shall give 120 shillings to the
king' if the accusation against him is substantiated, and
suffer also such disgrace as has been ordained". And if it is
a thegn or anyone else who acts thus, the same punishment
shall be inflicted.

Fragment of IV ^thelstan.

6. § 1. And we declared in the Council at Thundersfield, that if
any thief or robber fled to the king, or to any church
and to the bishop, he should have a respite of nine days.

§ 2. If he flees to an ealdorman, or an abbot or a thegn, he
shall have a respite of three days.

§ 3. If anyone slays him within that period of respite, he
shall pay as compensation the mundbyrd of him to whom
the thief has fled or clear himself [by asseverating] with
the support of eleven others that he was not aware that
the privilege of sanctuary had been obtained.

§ 4. But let him seek what sanctuary he may, his life shall
be spared only for as many days as we have declared
above.

§ 5. And he who harbours him longer shall be liable to the
same treatment as the thief, unless he can clear himself,
[by proving] that he was unaware of any crime or theft
committed by him.

152 V ^THELSTAN

V ^THELSTAN

^Selstan^ cyng cy)?, Jjset ic hsebbe geahsod, }»set ure fritS is
wyrs" gehealden tSoime me lyste', o]>]>e hit set Greatanlea gec-
weden wsere; 7 mina* witan secgatS, J>8et ic hit to lange forboren
hsebbe.

§ 1. Nu hsebbe ic funden^ mid Ssem witum, ]>e mid me waeron
set Eaxanceastre to middanwintre, Sset pa. ealle been* gearwe
mid him' silfum 7 mid wife 7 mid serfe" 7 mid eallum
)7ingum to farenne tsider ic wille' — buton" hy ofer ]7is ges-
wican willan — on ]>a, gerad ]7set hy" nsefre eft on eard"^ ne
cuman".
§ 2. 7 gif heo man sefre eft on earde gemete", Sset hy syn swa
scyldige, swa se 6e set hsebbendre^" handa gefongen" sy.

§ 3. 7 se ]>e hy feormige o]>]>e hyra manna senigne, o36e eenigne
man [him]^* tossende, sy he scyldig his sylfes 7 ealles J?ses
]>e he age; tSset is Sonne for)>on^' Se Sa a]>us 7 j^a wedd 7 ]>a,
borgaS synt^* ealle oferhafene 7 abrocene, Se p^r gesealde"
wseron. 7 we nytan^ nanum oSrum J^ingum to getruwianne,
butan hit Sis sy.

1. [Be Son ()>e) o]Jres monnes^" man underfehj?.]

7 se Se o)>res monnes man underf6, Se he for his yfele him
from" d6, 7 him [gesteoran]^' ne maege his yfeles, gylde
hine Ssem ]>e he ser folgode, 7 gesylle Jjam cynge cxx sell.

§ 1. Gif se hlaford )7onne wille Sone man mid woh fordon,
berecce hine J?onne, gif he mage, on folcgemote; 7 gif
he laj^leas^'' beo^, sece swylcne*^ hlaford on Jja gewitnesse
swylcne he wille^; forSy J?e ic an^^, Sset selc Sara J>e
la)?leas^^ beo, folgie swilcum hlaforde swylcum he wille'".

1 Ic, JSD'elstan, Ld, from which all the variant readings are taken.

2 Altered to wyrse. H. ^ iyst_ 4 mine. * Altered to gefunden.
^ syn. 7 hire. ^ yrfe. ^ Sider Sider ic Sonne wille.

1" altered to a. H. i' on Sa gerade Se heo. 12 gorda. '^ cumen.

1* ore Ssem, eorda gemitte. ^^ hebbendra. 16 om. H. ^^ for!f-sem.

18 syn. 19 S'ffis geseald. 20 nyten. 21 getruwian. H.

22 Ld. ladleas. H. 23 sy_ 24 hwylcne. 26 J,onne wille.

2S forJ>on ic wille. 27 gonne wille.

CAP. 1 153

V iETHELSTAN

I, King jEthelstan, declare that I have learned that the

public peace has not been kept to the extent, either of my

wishes, or of the provisions laid down at Grately. And my

councillors say that I have suffered this too long.

§1. Now I have decided with the councillors who have been^

with me at Exeter at midwinter, that all [disturbers of the

peace]- shall be ready to go themselves, with their wives,

with their property", and with everything [they possess],

whithersoever I wish, unless henceforth they are willing to

cease [from wrongdoing] — with the further provision that

they never afterwards return to their native district.

§ 2. And if anyone ever meets them afterwards in their native

district', they shall be liable to the same punishment as

one who is taken in the act of thieving-'.

1 3. And he who harbours them, or any of their men, or sends

any man to them, shall forfeit his life and all he possesses'.

The cause [which has led us to issue this decree] is, that all

the oaths, pledges, and sureties which were given there",

have been disregarded and violated, and we know of no

other course which we can follow with confidence, unless it

be this.

1. And he who takes into his service one who has been in the
service of another, whom the latter has dismissed' because
of his evil conduct, and because he has not been able to
restrain him from evil doing, shall pay compensation for
him, to the man in whose service he has been, and give
120 shillings to the king^.

§ 1. If, however, the lord wrongfully intends to ruin the
man, he [the man] shall clear himself, if he can, in a
public meeting. If he proves himself free horn crime,
he may seek, with the witness of those present, any
lord he wishes; for I give permission to everyone who
is free from crime to serve any lord he may wish.

154 V ^THELSTAN

§ 2. 7 swylc gerefa swylc Sis foregemeleasie 7 ymbe beon
nylle, gesylle Sam cinge his oferhjrmesse, gif hit^ man
him ongerecce mid so)>e, [7 he hine ungereccan ne
msege]''.

§ 3. 7 swylc gerefa swylc medsceat' nime 7 oJTres ryht Surh
]?8et alecge, gylde pies cinges oferhymesse 7 wege eac
Sa ungerisnu, swa swa we gecweden habbaS.

§ 4. 7 gif hit sy Segen 5e hit do, sy )>8et ilce.

§ 5. 7 nemne man on' aelces gerefan manunge swa fela
manna swa man wite, ]?8et ungelygne syn, J^set hy' beon
to gewitnesse gehwylcere sprsece. 7 sien heora aj>as
ungelygenra manna be J?aes feos wyrSe butan eyre.

2. [Be Son 5e yrfe bespyrige.J

7 se Ipe bespirige yrfe innan* oj^res land, aspirige hit ut se
[j?e] ' ]7set lond* age, gif he msege. Gif he ne msege, stande ]>set
spor for |7one fora)?, gif he Sserinne hwaene' teo.

3. 7 man singe selc^ Frigdsege set selcum mynstre ealle ]>a,
Godes Jjeowan' an fiftig [sealmas]'" for J?one cyng 7 for ealle
pe willa)?" Sset he wile 7 for j^a o)?re, swa hy'^ geearnian.

§ 1. [And ylce man 5e wille mot gebeten ylce gestale wij>
Sone teonde butan ylcum wite oJ> gong-dagas; 7 beo
sy]7]?an swa hit ser wses.]

' om. Ld. 2 ]jd_ et se non possit reicere. Quadr. Not in H.

s midsceattas. * in on. 6 L3_ Not in H. ^ o altered to a. H.

7 hwone. ^ ylce. ^ iPeowas. "> Ld. Not in H.

11 d'a (^e willen, i^ gy,a jii gy^a.

CAP. 1-3 155

§ 2. And any reeve who neglects this, and pays no heed to
it, shall pay [the fine] for insubordination to the king^
if he is justly accused and cannot clear himself

§ 3. And any reeve who takes bribes, and frustrates thereby
the just claims of another, shall pay the fine for in-
subordination to the king, and suffer also such disgrace
as we have ordained \

§ 4. And if it is a thegn who acts thus, the same punish-
ment shall be inflicted^

§ 5. And in every reeve's district, as many men as are known
to be honest shall be nominated to be witnesses in all
suits'. And the number of honest men required to give
oaths [in each case] shall be in proportion to the value
of the [disputed] goods, and they shall be ' unselected".'

2. If any one traces cattle to another man's estate, he who
owns the estate shall, if he can, follow the trail, until it
passes beyond his boundary'. If he cannot do so, the trail
shall serve for the oath of accusation'', if he [the plaintiff]
charges anyone on the estate.

3. And in every monastery, all the servants of God' shall sing
every Friday fifty psalms^ for the king, and for all who' are
minded to carry out his wishes'. And [they shall sing
psalms] for these others according to their merits ^

§ 1. And every man who so wishes may pay to his accuser
compensation for every theft, without any manner of
fine', until Rogation days'*. But after that it [the fine]
shall be [paid], as it has been in the past.

156 VI ^THELSTAN

YI ^THELSTAN

ludicia Civitatis Lundonise.

Dis io seo gers^dnes J^e ]>a, biscopas 7 J^a gerefan ]>e to Lun-
denbyrig hyratS gecweden habbaS, 7 mid weddum gefsestnod on
urum friSgegyldum, segSer ge eorlisce ge ceorlisce, to ecan J^am
domum J^e set Greatanl^a 7 set Exanceastre gesette wseron, 7 set
punresfelda.

Dset is Jjonne serest :

§ 1. pset man ne sparige nanan J>e[ofe]' ofer xii pseningas 7
ofer XII wintre mAnn ]7one ]>e w6 on folcriht geixian,
pset [hey ful s^ 7 to n^ndn andssece ne msege ; J»8et w6
hine ofslean 7 niman eall J?set he dge; 7 niman serest
pset ceapgyld of Sam yrfe, 7 daele man sytSSan Jjone
ofereacan on iii' : senne ds61 J^am wife, gif heo clsene sy
7 Jjses fdcnes gewita nsere, 7 J>ast oSer on II ; to healfum
i6 se cyng, to healfum se ferscipe. Gif hit bocland sy
oSSe bisceopa land^, )>onne ah se landhlaford )Jone° heal-
fan deSl wi5 J?one geferscipe" gemsene.

§ 2. 7 se ]>e 5eof deamunga feormige 7 Sees facnes 7 Sses
fiiles gewita sy, do him man )>8et ilce.

§ 3. 7 se Se mid feofe st^nde 7 midfeohte, lecge hine man
mid ]>am J^eofe.

§ 4. 7 se Se J'yfSe oft ser forworht wsere openlice 7 to drdale
g4 7 J'ar ful weorSe, J7set hine man slea, buton pa, magas
oSSe se hlaford hine litniman willan be his were 7 be
fullan ceapgilde 7 eac hine on borh gehabban sySSan,
pddt he selces yfeles geswice. Gif he eft ofer J^set stalie,
agifan pa, magas J7omie hine swa gewyld swa hine' ser

1 Jje. H. ofe added later. 2 gm, Thorpe, om. H.

^ Thorpe, Sohmid, etc. emend to 11.

* Quadr, adds id est terra testamentalis vel episcopalis.

5 ponne. H. em. Thorpe.

^ gerefscipe. H. em. Thorpe, cum societate communis. Quadr.

' Price, Thorpe emend to hi hine.

CAP. 1 157

yi iETHELSTAN

Indicia Civitatis Lundonise.

These are the ordinances which have been agreed upon and
confirmed with solemn declarations in our association \ by the
bishops^ and reeves' who belong to London — by both nobles and
commoners — as a supplement to the decrees which were pro-
mulgated at Grately, at Exeter, and at Thundersfield (?)*.

First of all :

§ 1 '. No thief shall be spared [who has stolen goods worth]
more than twelve pence, and who is over twelve years
old. If we find him guilty according to the public law,
and he cannot in any wise deny it, we shall put him to
death and take all he possesses ; and we shall first take
the value of the [stolen] goods from his possessions, and
afterwards what is left shall be divided into three. One
part shall be given to the wife if she is innocent and
not an accessory to the crime ; and the remainder shall
be divided into two, the king taking one half and the
[slain man's] associates the other half If he is a tenant
on land held by title deed^ or on land belonging to a
bishop, the owner of the land shall share equally with
the associates'.

§ 2. And he who secretly harbours a thief and is accessory
to his crime and guilt, shall receive the same treatment.

§ 3. And he who stands by a thief and fights on his side,
shall be slain with the thief

§ 4. And he who has been frequently and publicly convicted
of theft, and who goes to the ordeal^ and is there proved
guilty, shall be slain, unless his kinsmen or his lord
will ransom him by the payment of his wergeld and the
full value of the [stolen] goods ; and in addition, stand
surety for him henceforth, that he will desist from every
form of crime. If he steals again after this, his kinsmen
shall give him back to the reeve to whose jurisdiction

158 VI iETHELSTAN

lit set l^am ordale namon, ]>am gerefan J>e J^ar toge-
byrigeS 7 slea man hine on J'a J^eofwrdce. Gif hine
Jjonne hwa forene forstande 7 hine geniman wille, 7 he
wsere fdl set J^am ordale, ]?set hine man lecgan ne moste,
jjset he wsere his feores scyldig, buton he cyng gesohte,
7 he him his f6orh forgifan wolde, eall swa hit ser set
Gr6atanl6a 7 set Exanceastre 7 set punresfelda gecweden
wses.
§ 5. 7 se pe )7eof wrecan wille 7 sShlip gewyrce oSSe on straete
togeliht, beo cxx sell, scildig witS ]?one cing. Gif he
)>onne mann ofslea on ]>& wrace, beo hd his feores scyldig
7 ealles )?aes j^e he dge, buton se cing him arian wille.

OSer:

paet we cwsedon, ]>set ure selc scute ilil paeng to ure gemsene
)>earfe binnan XII monSum ; 7 forgyldon }78et yrfe, pe sytSSan
genumen ws6re, ]>e we Jjset feoh scuton ; 7 hsefdon us ealle
]>& s^scean gemsene ; 7 scute selc man his sell., J>e haefde J»set
yrfe ]>set ws^re xxx psenig.wurS, buton earmre wiidewan, }>e
nsenne forwyrhtan nsefde ne ndn Mnd.

Dridde :

pset we tellan & x menn togaedere, 7 se jrldesta bewiste ]>a
nigene to selcum Jjara gelaste Jjara pe we ealle geews^don;
7 sySSan ]?a hyndena heora t6gsedere, 7 senne hydenman, J>e
pa. X men mynige to ure ealre gemsene )?earfe; 7 hig xi
healdan pssie hyndene feoh, 7 witan hwset hig'' forS syllan,
Jjonne man gildan seeole, 7 hwset hig eft niman, gif us feoh
arise set ure gems^nan* sprsece ; 7 witon eac, ]7set selc gelast
forScume J>ara pe we ealle gecweden habbatS to ure ealra
jjearfe be xxx psen o6Se be anum hrySere, )?set eall gelsest
sy, J»8et we on urum gersednessum gecweden habbaS 7 on
ure forespsece stsent.

Feor?5e :

pset selc man wsere otSrum gelastfull ge set spore ge sSt

midrdde })ara pe ]»a gebodu gehyrde, swa Mnge swa pe man

1 /or to gebyrige. Thorpe, Sohmid.

2 Altered from hig hwait.

2 em. Price, urum gemsmum. H.

CAP. 1-4 159

the case belongs, in as helpless a condition as he was
when they delivered him from the ordeal ; and he shall
be slain in accordance with the punishment for theft.
Further, if anyone stands up for him and wishes to
rescue him in order to prevent his being killed, after he
has been convicted at the ordeal, he shall forfeit his
life unless he appeals to the king, and the king is willing
to grant him his life, just as was declared at Grately,
and at Exeter, and at Thundersfield^.

§ 5. And he who wishes to avenge a thief and has recourse
to violence, or comes to his aid on the high road", shall
forfeit 120 shillings to the king. If, however, he slays
anyone in the act of vengeance, he shall forfeit his life
and all he possesses, unless the king is willing to pardon
him.

Second :

We have declared that each one of us shall annually con-
tribute four pence for our common benefit; and we shall
pay compensation for property which is stolen after we have
made our contributions ; and quests [for missing property]
shall be carried out by all of us together. And everyone
shall pay his shilling* who has property which is worth
thirty pence, except poor widows who have no land and no
one to work for them.

Third:

We shall always count ten men together, and the chief man
shall see that the [other] nine shall discharge all the dues
which we have all agreed upon ; and then [we shall count]
them in groups of a hundred, with one official for the
hundred' who will admonish those ten [chief men] for the
common benefit of us all. And these eleven shall keep the
money of the hundred-group and an account of what they
disburse when money has to be paid; and again, of what
they receive when money accrues to us through a plea we
have made in common. And they shall see to it also that
each of those dues is forthcoming on which we have all
agreed for our common benefit, on penalty of ^ thirty pence
or one ox ; that everything may be fulfilled, which we have
declared in our ordinances, and which stands in the terms
of our constitution.

Fourth :

Every man who has heard a summons shall help the rest, both

by following a trail, and by riding with them so long as the

160 VI jEthelstan

spor wiste. 7 sySfSan him sp6r burste, }»8et man funde semie
man [swa of II teoBungumJS J'ser mare folc sig, swa of anre
teoSunge, J?ser laesse folc sy, to rade o?Sf5e to g^nge, buton mA
]7urfe, ]7ider ]>onne msest J>earf sy, 7 big ealle gecwsedon.

Fifte :

paet man ne forls^te ndne s^scan naSer ne be norSan mearce
ne be suSan, j6r selc man hsebbe ane rdde geriden J?e hors
habbe ; 7 se J^e hors nabbe, wyrce J^am hlaforde pe him fore
ride oS?Se g^nge, o5 tJset" he ham ciime, buton man s^r to rihte
cuman msege.

Syxte :

§ 1. Emban ure' ceapgild : hors to healfan punde, gif hit
swa g6d sy; 7 gif hit msetre sy, gilde be his wlites
wyrtSe 7 be J'am ]>e se man hit weorSige pe hit d-ge,
buton he gewitnesse habbe, Jjset hit swa god wsere swa
he secge ; 7 habbe )?one^ ofer^acan J^e we J^ar abiddan.

§ 2. 7 oxan to mancuse 7 cii to XX 7 swyn to x 7 sceap to
sell.

§ 3. 7 we cwsedon be urum J>eowum mannum J>a menn pa,
men haefdon ; gif hine man forstsele, J^set hine man for-
gulde mid healfan punde ; gif we Sonne gyld araerdon,
J?8et him man yhte ufon on J^set be his wlites weorSe ;
and hsefdon us J>one ofer6acan pe we J^ser abaedon. Gif
he hine )>onne forstalede, J^set hine man Isedde to psere
torfunge, swa hit s^r gecwedan wees ; 7 scute sbIc man
J>[e]^ man haefde swa psenig swa healfue be J»aes gefer-
sd.pes msenio, swa man J^aet weorS liparseran mihte. Gif
he ]>onne oSsceoce^, pddt hine man forgulde be his wlites
weortSe; 7 we ealle hine axodan. Gif we him J>onne
tdcuman moston, J^set him man dyde pset ylce pe man
)>am Wyliscean J^eofe dyde, oStSe hine man anhd.

1 em. Liebermann in accordance with Quadr. inveniatur semper de duabiis
decimis unus homo. Not in H.

2 em. Price, oc^c^. H (for o^^, Liebermann).

3 em. Price, urne. H. * J?on. H.
^ J>. H. em. Liebermann.

* em. Toller, od'sceote. Liebermaim. oitseoce. H.

CAP. 4-6 161

trail can be followed. And after the trail is lo6t, one man
shall be provided [from two ti things] where the population
is large; and from one tithing' where the population is
smalP — unless more are needed — to proceed on horseback
or on foot, in whatever direction there is most need, according
to general consent.

Fifth :

No quest shall be abandoned either on the northern or the
southern boundary^ until every man who has a horse has
ridden out once. And he who has not a horse shall go on
working for his lord, when the latter is proceeding on horse-
back or on foot in his stead, until he [the lord] comes
home — unless justice has already been obtained.

Sixth :

§ 1. With reference to indemnities for livestock ^ we reckon
a horse at half a pound, if it is worth so much ; but if
it is less valuable it shall be paid for'' according to the
value suggested by its appearance, and what is approved
by its owner', unless he can produce evidence that it is
as good a horse as he says ; in that case he shall have
such additional sum as we are awarded in the suit.

§ 2. An ox' shall be valued at a mancus^ and a cow at twenty
pence, a pig at ten pence, and a sheep at a shilling.

§ 3. With reference to our slaves, those of us' who possess
slaves^ have declared : if anyone steals a slave, half a
pound shall be paid for him. If we succeed in getting
payment, he [the owner] shall receive an additional sum
according to the appearance of the slave, and we shall
keep the surplus of what we are awarded in the suit. If,
however, a slave runs away, he shall be taken out and
stoned as has already been decreed^ And each man
who has a slave shall pay either a penny or a half-penny
according to the numbers of the association, so as to
make up the proper amounts If, however, he gets clean
away, his lord shall be paid for him according to his
appearance, and we shall all search for him. Then, if we
can catch him, he shall receive the same treatment as
a Welsh thief, or he shall be hanged *-

A. 11

162 VI ^THELSTAN

§ 4. 7 ]>aet ceapgild arise d. ofer xxx pseng oS healf pund,
sySSan we hit sescatS, furSor, gif we j^set ceapgild arseratS
be fullan angylde ; 7 beo sy sesce forS, swa hit aer gec-
weden wses, ]7eah heo Isesse sy.

SeofoSSe :

paet we cwaedon ; dyde dseda se J>e dyde J^set^ lire ealra t^o-
nan wraice, ]»3et we wsiron ealle swa on dnum freondscype
swa on dnum fsondscype, swa hwseSer hit J?onne wsere. 7 se
t5e J>eof fylle beforan oSrum mannum, J^set he wsere of lire
ealra feo Xli pseng pe b6tera for J>aere dseda 7 f on anginne.
7 se pe ahte ]>8et yrfe pe we foregilda?5, ne forls^te he J»a
£^scan be ure oferhyrnesse 7 pa, mynegiinge )>ar mid, 06 J»set
we to ]>am gilde cuman ; 7 we J»onne eac him his geswinces
ge]?ancedon of urum gemsenan feo, be ]>am pe seo fare wurSe
wsere, J»y Ises seo mynugung forlsSge.

EahtoSe :

§ 1. jJset we us gegaderian a emban senne monatS, gif we
mdgon 7 semton'' habban, )ja hyndenmenn 7 J»a pe SSa
teojjunge bewitan, swa mid by ttfy Hinge swa elles swa
us t6anh^gie, 7 witen" hwset ure gecwydrseddene gelsest
sy; 7 habban J>a xii* menn heora metscype tdgsedere
7 fedan hig swa swa hig sylfe wyrSe miinon, 7 daelon
ealle Jja metelafe Godes ]>ances.

§ 2. 7 gif J>onne {jset gebyrige, J>8et senig msegS to |7an Strang
sy and to fam mycel, innon landes oSSSe uton landes,
XII hynde oS5e twyhynde, j^set us ures rihtes wymen
7 Jjone ]7eof foren^ forstande, ]?8et we ridan be eallum
mannum t6 mid J>am gerefan pe hit on his mdnunge sy.

§ 3. 7 eac sendan on twa healfa to J^am gerefum, 7 wilnian
t6 heom fultum be swa manegum mannum swa us
)7onne cinelic J>ince aet swa micelre sprsece, j^set psim
forworhtum mannum beo pe mara 6ge for ure gesom-
nunge; 7 we ridan ealle to 7 urne t^onan wrecan 7

' /. H. Liebermann emends to />e. ^ Altered to Amtan.

^ Altered to witan. 4 Liebermann emends to xi.

* Altered to foran.

CAP. 6-8 163

§ 4<. When the value of the goods is more than thirty pence',
the sum to be paid shall never be less than half a pound,
when we have instituted a search. It shall rise to a
larger amount, if we succeed in obtaining payment to
the full value of the goodsl But a search must be con-
tinued, as has already been declared, even when the
amount involved is less' [than thirty pence].

Seventh :

We have declared, whoever it be whose hands' avenge wrongs
done to us all, we shall all stand together, both in friendship
and in feud — whichever may result. And he who is before
others in killing a thief, shall be the better off for his action
and initiative by [the value of] twelve pence [taken] from
our common property. And he who owns cattle for which
we pay, shall not abandon the search nor the prosecution of
the claim until we have obtained payment [from the thief],
on pain of forfeiting the fine for disobedience to US'* ; and
then we shall reward him also from our common property
for his trouble, according to the expense incurred in his
movements — lest the prosecution of the claim be neglected.

Eighth :

§ 1. We, the officials of the hundred-groups^ and those who
have charge of the bodies of ten", shall assemble once
every month, if we have leisure and can do so — whether
it be when the butts are being filled', or on any other
occasion that may be convenient for us ; and we shall
. take cognisance of how our various statutes are being
observed. Twelve* men shall then have their dinners^
together, and they shall have such food as they them-
selves think right, and they shall give away all the
fragments, for the love of God.

§ 2. Again, if it happens that any group of kinsmen —
whether nobles or commoners within or beyond the
borders of our district' — become so strong and powerful
as to prevent us from exercising our legal rights, and
stand up in defence of a thief, we shall ride out against
them in full force with the reeve in whose district the
offence takes place.

§3". And in addition, we shall send to the reeves in both
directions', requesting from them the help of as many
men as seems desirable, according to the seriousness of
the case, that wrongdoers may be the more afraid of
us because of our numbers. And we shall all ride out
against them, and avenge the wrong done to us, and

11—2

164 VI ^THELSTAN

]?one }»eof lecgean 7 ]>a, ]>e him midfeohtan 7 stoddan,
buton hig him framgdn willan.

§ 4. 7 gif man spdr gespirige of scyre on oSre, fon J>a menn
t6 pe )>ar nycst syndon 7 drifan past sp6r, oS hit man
J)am gerefan gecySe : f(5 hd sySSan t6 mid his monunge
7 adrife past sp(5r tit of his scire, gif he mage ; gif he
J?onne ne maege, forgylde ]7set yrfe angylde. 7 habban pa
gerefscypas begen j^a fullan spsece gemaene, si swa hwaer
swa hit sy, swa be nor?5an mearce swa be suSan, d of
scire on otJre — J^set aelc gerefa fylste oSrum to nre ealra
fritSe, be cynges oferhyrnesse.

§ 5. 7 eac psBt aelc oSrum fylste swa hit gecweden is 7 mid
weddum gefsestnod; 7 swilc mann swilce hit ofer )»a
mearce forsitte, beo xxx psen scyldig o5Se anes 6xan,
gif he aht J^ses oferhaebbe, pe on urum gewritum stent
7 we mid urum weddum gefsestnod habbatJ.

§6. 7 we cwedon eac be selcum j^ara manna pe on urum
gegyldscipum his w6dd geseald hsefs, gif him forSsiS
gebyrige, J^set selc gegilda gesylle aenne gesufehie hlaf
for J?aere saule 7 gesinge dn fiftig o5Se begite gesungen
binnan xxx nihtan.

§7. 7 we beoda]? eac urum hiremannum, paet aelc mann
wite, hwaenne he his yrfe hasbbe, o?53e hwsenne he naebbe,
on his nehebura gewitnesse, 7 us sp6r taece, gif he hit
findan ne ms6g, binnon J?rim nihton ; forSam we wenatS
J>8et maenige gimel6ase menn ne reccean h<i heora yrfe
fare, for J>am ofertruan on J»am friSe.

§ 8. Donne beode we, )7aet binnan iii nihtum he his neche-
buran gecySe, gif he psea ceapgildes biddan wille. 7 beo
seo' aesce J?eah forS, swa hit Ser gecweden wses; forJ>an
we nellan ndn gymeleas yrfe forgyldan, buton hit fpr-
stolen sy: maenige men specatS gemahlice spraece. Gyf
he nyte spdr to taecenne, gecySe mid aSe mid his iii

1 se. H.

CAP. 8 165

slay the thief and those who support him and fight on
his behalf — unless they are willing to forsake him.

§ 4. And if anyone traces a trail from one district^ to another,
the men who are nearest shall take up the trail, follow
it until it can be brought to the notice of the reeve.
Afterwards, he, with the men under his jurisdiction,
shall take up the trail and follow it, if he can, to the
boundary of his district. If, however, he cannot, he shall
pay the value of the cattle, and the whole case shall be
undertaken by the authorities of the two districts in
common^ wheresoever it may happen that a trail passes
from one district to another, whether to the north or the
south of our borders — all reeves shall help one another
to maintain the security upon which we are all depen-
dent or pay the fine for insubordination to the king*.

§ 5. And further, we shall all help one another as has been
declared and ratified with solemn pledges. And every
man who neglects to give such help^ beyond the border",
shall forfeit 30 pence or an ox' — if he disregards any
of the provisions we have written down and ratified
with our solemn pledges.

^6. And further, we have declared with regard to all those
men who have solemnly pledged themselves as members
of our association, that if any one of them chances to
die, each associate shall give a gesufel loaf^ for his soul,
and sing, or cause to be sung, within thirty days, a
third of the Psalter'''.

§7. And we further enjoin those under our jurisdiction^,
that every man should note, with the witness of his
neighbours, when he has, and when he ceases to have,
possession of his cattle^ If he cannot find them, he shall
point out the trail to us within three days'; for we
believe that many heedless men do not care where
their cattle wander, owing to their excessive confidence
in the public security [which now exists].

§ 8. Again we command, that if a man wishes to apply for
the value of stolen cattle, he shall make their dis-
appearance known to his neighbours within three days.
Yet he must not desist from continuing the search, as
has already been declared; for we will not pay for any
stray cattle^ unless it has been stolen — since many
men bring impudent claims for compensation. If he
cannot point out the trail, he shall declare on oath, with

166 VI ^THELSTAN

necheburan, peet hit binnan iii nihtum wasre forstolen,
7 bidde syStJan his ceapgildes.
§ 9. 7 ne sy forsp6cen ne forswigod, gif ure hlaford oS?Se ure
gerefena* enig tis senigne 6acan gej?sencean maSge to
urum friSgildum, ]>^t we ]>sert6 lustlice f6n, swa hit us
eallum gerise 7 us )>earflic sy. Donne gelyfe we to Gode
7 to urum cynehlaforde, gif we hit eall pns gelsestan
willaS, ]7set ealles folces J>ing byS ]>e b6tere set J;am
JjyfSum J»onne hit ser wsere. Gif we J»onne aslaciaS ]?aes
friSes 7 J>ses weddes pe we seald habbatS 7 se cjnig us
beboden hafaS, J>onne mage we w6nan o55e geome witan
)>aet J»as ]?eofas willaS rixian gj^ta swytJor }?onne hig aer
dydon. Ac titon healdan ure wedd 7 peet friS, swa hit
urum hlaforde licige ; us is micel J^earf Jjset we ar^dian
J>set he wile; 7 gif he us mare hs^t 7 taecS, we beoS
eadmodlice gearawe.

NigoSe :

past we cwsedon be J'isum peotnui pe man on hrsSdinge fule
geaxian ne mseg 7 man eft geaxaS, pset he fiil biS 7 scildig;
J>set se hlaford hine o?5i5e J?a magas on padt ilea gerdd litni-
man, pe man )7a menn litnimS, pe set ordale fule weoitSaS.

TeotSe :

paet J^a witan ealle sealdan heora wedd ealle togaedere ]?am
arcebiscope aet punresfelda, )7a jElfeah Stybb 7 BrihtnoS
Oddan sunu coman togeanes j^am gemote pies cinges worde,
]7set selc gerefa ndme j^set wedd on his agenre scire, J>8et hi
ealle J»set friS swa healdan woldan, swa ^jjelstan cyng hit
gersed hsef tS 7 his witan arrest ^ set Gr6atanl^ 7 eft set
Exanceastre 7 sySO'an set Fsefresham 7 feortSan syStSe' set
punresfelda beforan )?am arcebiscope 7 eallum J»am bisceopan
7 his witum, pe se cyng silf namode, pe ]»seron wseron, Jjset
man pas domas healdan sceoldan, pe on )>issum gemote
gesette wseron, buton }>am pe J^ser ser ofad6ne wseron ; jiset
wses Sunnandseges cyping, 7 J?set man mid fulre gewitnesse
7 getreowre moste ceapian butan porte.

1 gerefana. H. 2 em. Thorpe, mr east. H.

' quarta vice. Quadr.

CAP. 8-10 167

three of his neighbours, that the cattle have been stolen
within the [previous] three days, and [then] he may
demand their value.
§9. If our lord*, or any of our reeves ^ can devise any addi-
tional rules for our association, such suggestions shall
not be unheeded, nor passed over in silence ; but we
shall accept them gladly, as is fitting and beneficial for
us all that we should. And if we are willing to act thus
in all things, we may trust to God and our liege-lord,
that everybody's property will be safer fi'om theft than
it has been. But if we are negligent in attending to
the regulations for the public security, and to the
solemn pledges we have given, we may anticipate — and
indeed know for certainty — that the thieves of Whom
we were speaking will tyrannize over us still more than
they have done in the past. But let us be as loyal to
our pledges and to the regulations for the public security
as will be pleasing to our lord ; for it is greatly to our
benefit that we should carry out his wishes. And if he
issues further commands and instructions, we should be
humbly ready to execute them^

Ninth :

With respect to those thieves who cannot be proved guilty
on the spot, but who are subsequently convicted and proved
guilty : we* have declared, that such a one may be liberated
from prison by his lord or his relatives, on the same terms
as apply to the liberation of men who have been proved
guilty at the ordeal".

Tenth :

The councillors, all in a body, gave their solemn pledges to
the archbishop* at Thundersfield, when ^Ifeah Stybb'' and
Brihtnoth, the son of Odda^ attended the assembly at the
request of the king : that every reeve should exact a pledge
from his own shire, that they would all observe the decrees
for the public security which King ^Ethelstan and his coun-
cillors had enacted, first at Grately, and afterwards at Exeter,
and then at Faversham, and on a fourth occasion at Thun-
dersfield, in the presence of the archbishop and all the
bishops and the members of the royal council nominated by
the king himself who were present ; [and] that the decrees
should be observed, which were established at this meeting',
except those which had been abrogated ; namely, the decrees
relating to trading on Sunday* and to bargaining outside a
town in the presence of ample and trustworthy witnesses^

168 VI ^THELSTAN

Endlyfte :

JJeet ^J>elstan' b^ot his bisceopum 7 his ealdormannum 7
his gerefum eallum ofer ealne minne ^.nweald, J>aet ge J>one
fri?S swa healdan swa ic hine ger^^dd habbe 7 mine witan. Gif
eower hwilc forgymeleasa?S 7 me hyran nelle 7 )>8et wedd set
his hyremamium niman nelle 7 he geJ^afaS ]>a, dyman ge-
fingo 7 emban J>a st6oran swa beon nelle, swa ic beboden
haebbe, 7 on urum gewritum stent, )Jonne beo se gerefa
buton his folgoSe 7 buton minum freondscipe 7 gesylle me
cxx sell., 7 be healfum J>am selc minra )>egna, )>e gelandod
sy 7 J>a st6ore swa healdan nelle, swa ic beboden habbe.

Twelfte :

§ 1. past se cjmg cwsetS nli eft set Witlanbyrig to his witan
7 het cytSan J>am arcebiscope be peodrede biscop, J^aet
him to hreowlic J>uhte,]78et manswageongne mancwealde
ot5?Se eft for swa lytlan, swa he geaxod hsefde, J>aet man
gehwaer dyde. CwsbS J>a, J^set him Jjuhte 7 J>am pe he
hit wiSrsedde, J^aet man nsenne gingran mann ne sloge
]7onne XV wintre man, buton he hine werian wolde o3t5e
fleoge 7 on hand gan nolde ; J>set hine man ]>onne lede
swa aet maran swa set Isessan, swa hwaeSer hit J?onne
wsere. 7 gif he J^onne on hand gan wille, )7onne d6 hine
man on cdrcern, swa hit set Gr^atanl^a gecweden waes,
7 hine be j^am ylcan lysige^.

§ 2. OSSe gif he in carcern ne cume, 7 man nan nsebbe, piet
hi hine niman be his fullan were on borh, jjset he sefre
md. selces yfeles geswice. Gif seo mseg?5 him litniman
nelle ne him on borh gdn, J^onne swerige he, swa him
bisceop tsece, J>set he selces yfeles geswycan wille, 7 stande
on )>e6wete be his were. Gif he J?onne ofer J>sBt stalie,
slea man hine o5Se h6, swa man )>a yldran ser dyde.

§ 3. 7 se cyng cwseS eac, psei man nsenne ne sloge for Isessan
yrfe Jjonne xii psenig weortS, buton he fleon wille oSSe
hine werian, J>£et man ne wdndode )>onne, )?eah hit Isesse
wsere.

§ 4. Gif we hit J>us gehealdaS, ]7onne gelyfe ic to Gode, ]>3et
are fritS bits betera, ]>onne hit seror wses.

' MpeUtanm rex. Quadr. ■' em. Thorpe, etc. lynige. H.

CAP. 11-12 169

Eleventh :

-^thelstan commands his bishops and his ealdormen}, and all
his reeves throughout his dominions" : You shall observe the
provisions for the public security which I and my councillors
have ordained. If any of you is neglectful and unwilling to
obey me, and will not exact from those under his jurisdiction
the [above-mentioned] pledge; and if he permits secret
compacts', and is unwilling to attend to the duties of govern-
ment, in accordance with what I have commanded and set
down in writing* — the reeve shall be deprived of his oflBce
and of my friendship, and he shall pay me 120 shillings; and
half this sum shall be paid by each of my thegns who is in
possession of land^ and is unwilling to attend to the duties
of government in accordance with my commands.

Twelfth :

§ 1. Now again the king has been addressing his councillors
at Whittlebury', and has sent word to the archbishop*
by Bishop Theodred', that he thinks it cruel to put to
death such young people and for such slight offences,
as he has learnt is the practice everywhere. He has
declared now that both he himself and those with whom
he has discussed the matber are of opinion that no one
should be slain who is under fifteen years old*, unless
he is minded to defend himself, or tries to escape and
refuses to give himself up. Then, he shall be struck
down whether his offence be great or small" — whichever
it may be. But if he will give himself up he shall be put
in prison, as was declared at Grately" ; and he shall be
liberated on the same conditions [as were laid down there].

1 2. If he is not put in prison, none being available, they
[his relatives] shall stand surety for him, to the full
amount of his wergeld, that he shall desist for evermore
from every form of crime'. If the relatives will neither
redeem him, nor stand surety for him, he shall swear,
as the bishop directs him, that he will desist from every
form of crime, and he shall remain in bondage until his
wergeld is paid*. If he is guilty of theft after that, he
shall be slain or hanged, as older offenders have been.

§ 3. And the king has further declared, that no one shall be
slain for the theft of property worth less than 12 pence'
unless he is minded to flee or defend himself But in
that case there shall be no hesitation, even if the pro-
perty is of less value.

§ 4. If we observe the provisions as stated above, I believe,
before God, that the security of our realm will be better
than it has been in the past.

APPENDIX I

Be blaseeum and be mobS-slihtum^

We cwsedon be J^am blaserum and be }>am morS-slyhtum,
Jjaet man dj^te J^one aS be )>ryfealdum and myclade ];aet ordal-
ysen, ]7aet hit gewege* Jjiy pund, and eode se man sylf to, ]>e
man tuge, and hsebbe se teond' eyre, swa waeterordal swa ysen-
ordal, swa hwseSer [swa] him leofra sy. Gif he ]7one aS forS-
bringan ne mseg, and he )7onne fiil sy, stande on Jjaera yldesta*
manna dome, hweSer he lif Age Jje nage, ]>e to pasre byrig hyran.

APPENDIX II

DOM BE HATAN ISENE AND W^TRE'

1. And of ]?am drdale we bebeodaS Godes bebodum and ])ies
arcebiscopes and ealra bisceopa, }>8et ndn mann ne ciime
innon Jjsere ciriceah, siSSan man J^set i^r inb3rrS, J^e man )>8et
drdal mid hsStan sceal, buton se msessepreost and se ]>e
]?art6 gd,n sceal ; and b6o )>£&r gemeten nygon f6t of ]»am
st^can to J?8ere mearce be ]>ees mannes fdtan, J^e J>Art(5 gaeS.

§ 1. And gif hit J?onne wseter sy, hsite man hit oS hit hleowe'
to wylme, and si ]?8et dlfaet isen oSSe siren, leaden o5Se
Isimen.

§ 2. And gif hit anfeald tyhle" sy, diife sec hand aefter ]7am
stane oS )7a wriste, and gif hit ]>ryfeald sy, o!5 ]>aene
61bogan.

§ 3. And J^onne )?aet ordal g^ara sy, J>onne gan twegen menn
inn of segSre healfe, and beon hig Anrsede, ^aet hit swa
hdt sy, swa w6 aer cwsedon.

' Text from H. (App. I also in B.) 2 y,Age. B.

3 se It-e tyhH: B. * yldestana. B.

* em. Thorpe, hleope. H. * Thorpe emends to tyhtle.

APPENDIX I

Of incendiaries and those who secretly compass death

With regard to incendiaries and those who secretly compass
deaths we have declared that the oath shall be augmented
threefold and the weight of the iron used in the ordeal shall be
increased until it weighs three pounds. And the man who is
accused shall go to the ordeal, and the accuser shall choose either
the ordeal by water or the ordeal by iron — whichever he prefers.
If he [the accused] cannot produce the oath'' and is proved guilty,
the chief men of the borough shall decide whether his life shall
be spared or not.

APPENDIX II

Decree concerning hot iron and waters

1. And with regard to the ordeal, by the commands of God
and of the archbishop and all the bishops, we enjoin that
no one shall enter the church after the fire with which the
iron or water for the ordeal is to be heated has been brought
in, except the mass-priest and him who has to go to trial.
And from the stake* to the mark, nine feet shall be measured
by the feet of him who goes to the trial.
§ 1. And if the trial is by water, it shall be heated until it
becomes so hot as to boil, whether the vessel (contain-
ing it) be made of iron or brass, lead or clay.
§2. And if the accusation is 'single,' the hand shall be
plunged in up to the wrist in order to reach the stone;
if it is ' threefold,' up to the elbow.
§ 3. And when the ordeal is ready two men shall go in from
either party, and they shall be agreed that it is as hot
as we have declared.

^ See notes to E. and G. cap. 11.

■■' of. I Edw 3 ; n As. 6. ^ of. Ine 37, note 1.

* cf. § 4. The iron had to be carried from the stake (post) to the mark
which defined the distance.

172 APPENDIX II

§ 4. And gan inn emfela manna of segSre healfe, and standen^
on twa healfe J?ses (5rdale8 andlang )?aere cyricean, and
pa, beon ealle faestende and fram heora wife gehealdene
J^aere nyhte ; and sprsenge se maessepreost haligwseter
ofer hig ealle, and heora aelc abyrige J^aes halig-waeteres,
and sylle heom eallum cyasan b6c and Cristes rode
tacn ; and na b6te ndn man j?aet fj^r na laeng, )?onne man
J7a halgunge ongfnne, ac liege ]>aet isen uppan )>aro
gledan, o5 Saet ]>a, aeftemestan coll.; lecge hit man sytStSan
uppan J>am 8td,pelan, and ne ay ]>ser nan otSer spaSc inne,
buton pset hig biddan God iElmihtig geome, J'aet he
8o!5este geswytelie.

§ 5. And ga he t6 and in-seglige man J^a hand, and s6ce'
man 6fer pasne j^riddan ds§g, swa hwaeSer swa heo b6o
fill swa claene binnan J>am in-segle.

§ 6. And se pe ]?as lag abrece, beo paet drdal on him forad,
and gilde J>an cjminge cxx scill. to wite.

1 em. Liebermann. stande. H.

" em. Price, aete. H. inquiratur. Quadr.

DECREE CONCEENING HOT IBON AND WATER 173

§ 4. And [then] an equal number of men from each party
shall enter, and stand along the church on both sides
of the ordeal, and all these shall be fasting and shall
have abstained from their wives during the night ; and
the mass-priest shall sprinkle holy water over them all,
and each of them shall taste the holy water. And [the
mass-priest] shall give them all the book' and the
symbol of Christ's cross to kiss. And no one shall con-
tinue to make up the fire after the consecration has
begun, but the iron shall lie upon the embers until the
last collect. Then it shall be laid upon the post, and no
other words shall be spoken in the church, except that
God be earnestly prayed to make clear the whole truth.

§ 5. And the accused shall go to the ordeal, and his hand
shall be sealed up; and after three days it shall be
inspected [in order] to ascertain whether it has become
discoloured or remained clean within the sealed wrap-
pings.

§ 6. And if anyone breaks these rules, the ordeal shall in
his case be invalidated, and he shall pay a fine of 120
shillings to the king.

' The Gospels, according to Liebermann.

NOTES TO THE KENTISH LAWS

^THELBERHT

1. The introductory words, like those of the following code,
are obviously a later addition, made at some time after Augustine's
death, the date of which is not certain — except that it took place on
May26th. Liebermann(notes,arfZoc.)givestheyearas604; theSoicon
Chron. (F) records it under ann. 614, while continental authorities
(^nn.Ji/'cm.as.) assign it to 612. Augustine settledat Canterbury in597.

2. 1. The word (leudes) was used in the same sense among the
Franks.

4. 1. It is remarkable that the compensation due to the king is
less than that due to a bishop (cf. cap. 1).

5. 1. To the king (liebennann).

2. Presumably as breach of the king's mundbyrd (cf. cap. 2. 8).

6. 1. To drihtinheage. Payment due to a lord for the loss of one
of his men, and probably to be identified with the later manbot (see
Ine, cap. 70. 76). Liebermann takes it as a fine due to the king for
infraction of his sovereignty (zum Herrschergeld). He hesitates to
believe that the king was the personal lord of every freeman. But
it must not be assumed that conditions in Kent were the same as in
Wessex; and the natural meaning of dryhten is 'personal lord' rather
than king.

7. 1. The precise meaning of laadrincmanna is uncertain, as the
word does not occur elsewhere; cf. ladmann, 'guide.'

2. The payment here specified is not, apparently, a wergeld proper
but a sum equivalent to the wergeld of an ordinary freeman, i.e.
100 shillings (cf. cap. 21 below), and double the compensation specified
under cap. 6, owing to the fact that these are specially skilled
servants. Liebermann suggests that the men referred to were of
unfree birth, but were awarded a freeman's wergeld owing to their
position in the king's service. But the context seems to me rather
to suggest that this is a case of manbot (as in cap. 6) and that it
was additional to any sum which was to be paid to the relatives as
wergeld. We may refer to Wulfgar Wendla leod, who is described
as King HroSgar's or ond ombiht in Beovmlf, v. 336. The word
leod would seem to indicate that he was a person of some position
(cf. V. 331) — clearly not a slave.

8. 1. Mundbyrd. Literally 'protection' — then the amount to be
paid for violation of protection (or guardianship).

9. 1. Liebermann takes and here as or (cf. cap. 87 below; Ine,
cap. 27), since it would be pointless to exact a fine, where total con-
fiscation was involved. He suggests that the choice between the two
alternatives was determined by the gravity of the offence.

176 NOTES TO THE KENTISH LAWS

10. 1. Presumably the king's mundbyrd (ci. cap. 8).

12. 1. Liebermann translates 'Kbnigskostganger,' and refers to H.
and E. cap. 15, and EthelwercPs Chronicle 878 (famuli qui regio
pastu utehantur). But the vford /edeal occurs elsewhere only as a
translation of altilis.

13. 1. The sum of 12 shillings specified in cap. 13 and 14 probably
denotes the nobleman's mundbyrd.

2. The word eorl appears to be equivalent to eorleundmcm in
H. and E. cap. 1 (cf. gKsi& and gesi(Scundman in Ine, cap. 50). Note
that there is no evidence for different grades of nobility in Kent
(cf. H. and E. cap. 1).

Apart from the laws of ^thelberht the word eorl, though fre-
quent in poetry, scarcely occurs in prose except, ( 1 ) in such phrases
as ge eorl ge ceorl, (2) as the translation of the Scandinavian ja/rl
(from the time of Alfred onwards).

15. 1. For mundbyrd, see cap. 8, note 1 above.

2. It is difficult to find a satisfactory modem equivalent for
the word ceorl, which denotes ' freeman ' as distinct from ' noble.'
'Commoner' is less open to objection in the Kentish laws than in
those of Wessex; but on the whole it seems preferable to 'peasant,'
in both cases, although the latter would perhaps give a truer im-
pression in general of the class specified.

16. 1. It is evident, especially from cap. 72 as compared with cap.
54 and 55, that 20 sceattas make a Kentish shilling.

The sceatt was the predecessor of the penny and was apparently
intended to be of the same standard (21 grs.) — at all events, there is
no clear evidence for any other standard. The Kentinh shilling was
consequently a (Roman) ounce of silver and therefore four times the
value of the later West Saxon shilling, and five times that of the
Mercian shilling.

There are some very early gold coins in existence, which may
have been Kentish shillings, but we do not know whether they were
in circulation at this time. These — or some of them at least — are of
the same standard as the Roman solidus and the mancus of later
times (70 grs.), and consequently represent a ratio of only 6 : 1 in the
relative value of gold and silver.

18. 1. Liebermann takes the words, 7 man nssnig yfel ne gedej), as
referring to the lender, i.e. the lender takes no part in the fray, but
this involves giving a different interpretation to yfel gedon from that
which it bears in cap. 2 (cf. also H. and E. cap. 13. 15).

20. 1. The man robbed, in cap. 19; presumably also the man with
whomtheborrowerof theweaponsisquarrelling. Liebermann suggests
that fione may be used for punne, which would make the statement
general: 'If however a man is slain (by the borrowed weapons), etc'
The rarity of ponne elsewhere in these laws is somewhat against
Liebermann's view ; for a similar use of the demonstrative, cf. cap.
28 below; for the whole passage cf. Alf. cap. 19 § 1.

21. 1. The medum^ leodgeld is obviously that of a freeman, as in

iETHELBEEHT 177

cap. 7 (cf. H. and E. Cap. 3, as compared with H. and E. cap. 1 and
cap. 26 below).

22. 1. Cf. the document Be Wergilde, § 4. This is probably the
payment known elsewhere as healsfang (see Wiht. cap. 11 and
note).

23. 1. i.e. 'escapes.'

2. i.e. presumably from Kent.

25. 1. The word hlafseta ('breadeater') only occurs here. For the
formation, we may compare hlaford.

2. Cf. cap. 15 above.

26. 1. The word Ixt does not occur except hera It is obviously
identical with the term litus, latus, lazzus of the continental laws.
The latter term denotes a class which is found among nearly all con-
tinental Teutonic peoples — intermediate between freemen and slaves,
and consisting presumably of freed men and their descendants, and
perhaps also of subject populations. There is no trace of such a class
in the other Anglo-Saxon kingdoms, where apparently manumitted
slaves became equivalent to freemen in regard to wergeld, etc. We
may however compare the liesing of A. and G. cap. 2 (Norse
leysingi), and the wergelds of the Welsh population in Ine, cap.
23 § 3, 24 § 2, 32. For the rights of a lord in Kent over a manu-
mitted slave, see Wiht. cap. 8. Nothing is known as to the qualifi-
cation of the various classes of Isetas, For similar classes in Norway
see Seebohm's Tribal Custom in Anglo-Saxon Law, pp. 240 — 269,
260—267.

27. 1. Alf. cap. 40; Ine, cap. 45. The payment is presumably that
which would be required when the offence was committed by one
freeman against another, and amounts to breach of the latter's
tnundhyrd (cf. cap. 15 above).

29. 1. Presumably, ordinary trespass by one person, as against
cap. 17 above, and cap. 32 below.

31. 1. The word his is ambiguous. Schmid and other scholars un-
derstand the word to refer to the wife's wergeld, in favour of which
may be compared the Lex Baioariorum, cap. viii, 1. 10: Si quis
cum uxore alterius concubuerit libera,... cum weragildo illius uxoris
contra ma/ritum componat. Liebermann takes his to refer to the
wergeld of the adulterer, and urges that otherwise the neuter his
would not be used, but the changes of gender in cap. 1 1 and cap. 83
cited by him are hardly conclusive parallels, since in both cases the
pronoun hio occurs in a new sentence.

It would seem that the injured husband in Kent was not
difficult to please, unless we are to suppose, with Liebermann,
that his consent in regard to the choice of the lady was secured
beforehand — but the law, at all events, gives no hint of such a
stipulation.

32. 1. lit. 'pierces.'

2. See Liebermann's note ad loc. I do not feel any confidence
a^ to the translation of this passage.

A. 12

178 NOTES TO THE KENTISH LAWS

36. 1. According to Liebermann, the dura mater; 'both' in cap. 37
refers to the dura mater and the pia mater.

46. 1. 8C. 'that is pierced.'

49. 1. This law can hardly refer to the piercing of the nose, since
this has already been mentioned in cap. 45 above, with a compensa-
tion of 9 shillings. Liebermann suggests that the word ^rote ('throat')
has been omitted before Sirel.

63. 1. The meaning of cearwund is quite uncertain. Schmid trans-
lates 'Wenn jemand bettwund ist'; Liebermann, 'Wenn jemand
schwerC?) verwundet ist.'

65. § 1. 1. Probably, the relatives of both parties, as suggested by
Liebermann.

67. § 1. 1. Gyfe ofer ynce; so. man inbestinS, as in cap. 64 § 2 above.
Liebermann understands the reference to be to a stab an inch long,
and compares the law to Alf. cap. 45 ; but, in the latter case, there
is no mention of a stab. Gyfe is apparently a mistake for Gy/.

73. 1. The precise significance of locbore is uncertain. The usual
interpretation is that the long hair denotes the freeborn woman as
opposed to the slave.

2. Liebermann understands as the subject of gehete not the
woman, but the man with whom she misconducts herself.

74. 1. Or possibly, the compensation to be paid hy an unmarried
woman (of. m^gjjbot, B. and T.).

75. 1. The meaning of mund is not clear. But from cap. 76 below
it would seem that the mund belongs, not to the widow herself, but
to a person responsible for her {mundbora) — i.e., that it is a value of
guardianship, though the sums are higher than we should expect in
view of cap. 8 and cap. 15 above. It is conceivable that m,und may
be used here in the sense of Norse mundr and may mean the marriage
price of a widow. In that case, however, gehete must have been in-
serted by mistake.

81. 1. The gift made by the bridegroom to the bride after the
wedding (cf. II Can. cap. 73). Henr. IL 13. 70 § 22. Among
wealthy people, it often took the form of a gift of land; cf. Harmer,
Historical Documents, p. 31.

82. 1. Liebermann understands }>am agende to mean the person who
possesses right of guardianship over the girl. It seems clear from
the context that a free girl (not a slave) is meant. See also PoUock
and Maitland, History of English Law, ii. p. 363.

83. 1. sc. to the bridegroom, in addition to what is specified in
cap. 82 above.

84. 1. Presumably to the guardian or 'owner.'

85. 1. Liebermann (see ii. p. 690) thinks there is probably no differ-
ence in meaning between esne in cap. 85 — 88, and peow in cap. 89.
90, and compares Wiht. cap. 9. 10, with ih. cap. 13ff. The original
meaning of esne appears to have been 'harvester' (cf. Gothic asans,
'harvest'), and in general the word seems to have a wider meaning
than peow (cf. J>euwne esne, Wiht. cap. 23). The title to Ine, cap. 29,

HLOTHHEEE AND EADEIC 179

certainly uses })eow as synonymous with esne, while in Alf. cap. 43
we find the phrase hutan Jieouncm monnum 7 esnewyrhtan. It seems
to me not impossible that in the Kentish Laws esne may mean a
half-free servant, presumably of the Iset class.

87. 1. Liebermann translates and as meaning 'or' (of. cap. 9 above,
Ine, cap. 27, etc.).

89. 1 . Liebermann understands the law to mean 'robbery hy a slave.'

HLOTHHEEE and EADRIC

For Hlothhere and Eadric see p. 2.
1. 1. The sentence pane &e sio Jireom hundum sell' gylde is pro-
bably merely explanatory — three hundred shillings being the wergeld
of a Kentish nobleman. For the meaning of esne see note 1, Abt.
cap. 85.

2. Not the wergeld of 3 freemen (which is the amount of the
nobleman's wergeld), but the value of 3 slaves (see Liebermann's
note ad loc). This would be a much smaller sum. In Wessex (see
Ine, cap. 74) the master of a Welsh slave who murders an English-
man is bound only to give up the slave, or pay his value (60 shillings).

Cap. 1. 3 are misunderstood by Schmid and Seebohm (Tribal
Custom in A.S. Law, p. 467 fF.).

5. 1. For the 'number' we may possibly compare Wiht. cap. 21.

2. Liebermann takes this sentence to mean that every witness
must belong to the same village as the accused (er babe solcher
Freier eine Anzahl [als] Eidesmannen und [zwar] einen mit im Eide,
jegHchen [Eidesjmann aus dem Ortsbezirk, welchem er [selbst]
zugehort) ; but xghunlc is nominative, not accusative.

3. Lit. 'one [of those] in oath with [him].'

4. The order of words is awkward, as not unfrequently in
Anglo-Saxon, e.g. Sax. Ghron. ann. 878 : 7 hiene mon }>xr ofslog,
7 dccc monna mid hi/m. 7 xl motma his heres.

5. i.e. produce such witnesses.

6. 1. i.e. ' remain with.'

2. Cf. Ine, cap. 38.

3. Cf. Ine, cap. 7 § 2.

7. 1. More literally 'attaches'; cf. cap. 16 § 1 below; Ine, cap.
53, etc (be/o).

8. 1. mote. The verb motan is not found elsewhere with this
meaning. Perhaps mvte may be due to a misunderstanding of moete
(i.e. wjete) in an earlier MS.

2. The precise difference between the meaning of the two words
is unknown ; Jnng, in this sense, occurs elsewhere only in poetry,
while me&el (m^&el) is found only in early glossaries and poetry.

3. I have adopted the usual interpretation of this passage,
though the form of the sentence he pane mannan, etc. rather suggests
a change of subject, and consequently, that the man required to

12—2

180 NOTES TO THE KENTISH LAWS

provide a surety is the accuser — i.e. the action involved is one for
slander.

9. 1. sacy, presumably for sacu.

10. 1. So Liebermann. Other editors understand ' the accuser.'

11. 1. Of. Seebohm, Tribal Custom in A.S. Law, p. 240.

12. 1. For eald riht cf. Wiht. cap. 5, note 4.

13. 1. Cf. Abt. cap. 18.

15. 1. It is uncertain whether mewrc means the frontier of Kent or
the border of a district (cf. Wiht. cap. 8).

2. i.e. the householder.

16. 1. No doubt the law, as usual, applies primarily to cattle stealing.
§ 1. 1. Liebermann suggests that London was under the king of

Kent when this law was drawn up. We have no evidence elsewhere
to this effect. For xtfo see cap. 7 above, and note.

2. wic — an abbreviation for Lundenwic (Liebermann).
§ 2. 1. Or perhaps 'the king's reeve in London.'

2. Or rather, perhaps, 'in a public transaction.'
§ 3. 1. i.e. that he bought the property openly, etc.
For a detailed account of the procedure involved in vouching
to warranty see B. and T. s.v. team (m.); see also Pollock and Mait-
land. History of English Law, i. p. 34 f .

WIHTRED

1 . See p. 2 f . above.

2. Cf. Plummer, Baedae Opera Hisiorica, ii. p. 38 f.

3. i.e. perhaps, the month of the rye harvest (August?).

4. Berghamstyde has been variously identified with Berkhamp-
stead, Barham (near Canterbury), and Berstead (near Maidstone).
See Liebermann's note ad loc. ; Chadwick, Anglo-Saxon Institutions,
p. 252.

1. 1. sc. sie ; literally, 'the Church shall be in freedom of,' etc.
§1.1. i.e. the clergy (in their services).

2. 1. See note on Abt. cap. 8.

4. 1. i.e. Kent.

5. 1. The word gesitScund, which is used in the Laws of Ine and
Alfred, now takes the place of the antiquated word eorlcund, which
is used in the earlier codes.

2. For the construction &xs geweorpe cf. Beowulf, 1598, 2026,
etc. Liebermann would emend to &xt geweorJ>e.

3. The reference is presumably to ecclesiastical law— perhaps,
as Schmid suggests, to those laid down at the Council of Hertford
(cap. 10) ; cf. Bede, Hist. Eecl. iv. 5.

4. Liebermann suggests that ecdd cannot have its ordinary
meaning here, since the provision cannot be more than two genera-
tions old. It may, however, denote what had already been established
by custom, in contrast with an injunction ordered for the first time

WIHTRED 181

in a decree ; or possibly the eald riht may refer to the amount of the
fine to be paid to a lord for serious disobedience, without specific
reference to this particular ofience.

7. 1. For the meaning of steorleas Liebermann refers to Stubbs,
Councils, III. 234.

2. Possibly for one night only.

8. 1. The word occurs elsewhere only in II Can. cap. 45 § 1.

For ofer mearce cf. H. and E. cap. 15 and note; II Can.
cap. 45 § 3.

9. 1 . The slight emendation of ' shilling ' to ' sceatt ' (possibly due
to a misunderstanding of the abbreviation sc.) gives an intelligible
sense. liebermann emends ofer to of and dryhtne to dryhten, and
thus makes the lord liable to the penalty of 80 shillings, while in
cap. 10 he takes rode in the sense of rxde, which really seems to
necessitate a third emendation. His explanation however involves
too great a discrepancy between cap. 9 and Ine, cap. 3 ; for then a
fine of 1600 coins would be required for an ofifence for which con-
temporary West Saxon law prescribes a fine of only 120 (or 150)
equivalent coins. Even if the value of the slave is added the total
sum will only be 360 (or 450) coins. Moreover the healsfang,
specified as a fine due from a freeman for a similar offence, must
have been far less than 80 shillings, whether we equate it with the
sum specified in Abt. cap. 22, or not, whereas in Ine, cap. 3 § 2 the
freeman is liable to a heavier penalty.

10. 1. See note on cap. 9 above. Add ' to his lord ' {wiS dryhten)
after 'he shall pay.'

11. 1. healsfcmg is the name given, apparently, to the first instal-
ment of the wergeld — a sum which is to be paid only to the nearest
relatives (see Be Wergilde, cap. 4 and 5). In Kent the payment to
be made before the grave is closed (see Abt. cap. 22) is probably
to be regarded as healsfang. The origin of the term is uncertain,
but the Norse halsfang ('embrace') suggests the possibility that
this payment denoted the re-establishment of peace between the
families involved in the vendetta. On the other hand, cap. 12 f.
below would seem rather to favour the idea that it was a redemption
from imprisonment (enslavement).

12. 1. (With Liebermann) and is to be understood as ' or ' (cf. Abt.
cap. 9, etc.).

19. 1. gemacene, a late (12th cent.) form for gemacena. 'Foifeoivra
sum see note on II As. cap. 11.

2. ane may possibly stand for ana; but cf. cap. 24 below, where
ane appears to be instr.

3. abycgan, perhaps 3rd pi. conjunct. Schmid suggested the
insertion of and before afi.

23. 1. All editors emend to Godes. But it is difficult to understand
why, if such a scribal mistake had been made, it should not have
been corrected. Heora also presents a difficulty. Liebermann under-
stands the expression to refer to a religious community. But is it

182 NOTES TO THE KENTISH LAWS

likely that the head of such a community would not be a communi-
cant? The word gxd occurs in the sense of 'union,' 'association'
(abstract) in SaZomo and' Saturn, v. 449 (cf. gegada, etc.) ; and it
seems to me not impossible that this may be the same word (with
Kentish e for se) used in a concrete (collective) sense. But I do not
feel any confidence in the suggestion.

2. i.e. without oath-helpers.

3. See note 1 above.

4. The oath of the communicant was worth double that of a
non-communicant in Wessex (cf. Ine, cap. 15 § 1).

24. 1. ■i.e. without oath-helpers.

26. § 1. 1. The sum (70 shillings) specified here and in cap. 27 seems
hardly credible, but it is not easy to suggest what the right sum
should be.

27. 1. The alternative is given, awkwardly enough, in the following
sentence.

2. The word properly means ' owner ' ; but, as Liebermann
points out, the context here requires that the man who possesses his
person at the moment must be meant.

28. Cf. Ine, cap. 20.

NOTES TO LAWS OF INE AND OF ALFEED

INE

1. Of Cenred nothing certain is known, though his name occurs
(sometimes with the title rex) in several spurious charters ; see
Lieberraann's note, iii. p. 68. Hedde was bishop of Wessex (Win-
chester) 676—705 (cf. Bede, Hist. Bed. iv. 12 ; v. 18). For Ercon-
wald, see p. 34 above, and Bede, Hist. Eccl. iv. 6.

2. The ecddorman in Wessex was the head of a county down
to the time of Edward the Elder (900?— 925?), after which several
counties were usually grouped under one ecddorman. (In Canute's
time the title was changed to eorl, i.e. Scand. jarl.) They were the
chief persons in the kingdom after the king and, sometimes at least,
members of the royal family. The royal council consisted of eaidor-
men, king's thegns (corresponding to the barons of later times), and
ecclesiastics.

3. Godes peowas denotes the whole of the clergy, both secular
and regular. In V Athlr. cap. 4 Godes peowas are defined as hiscopas
and abbudas, munecas and mynecena, preostas and nunnan.

4. 1. To the king (Liebermann).
2. To the church (Liebermann).

6. § 1. 1. To the monastery (Liebermann). For mynster in the text
read mynstre.

§ 2. 1. It is difficult to believe that a smaller fine was exacted
for fighting in the house of an ealdorman, etc., than for fighting in
the house of a person of humbler position (see the following clause).
The Latin in § 3 has xxx for cxx, and Liebermann suggests that
30 sh. may have been the penalty laid down by Ine, and that the
reading of our MSS is due to a change introduced by Alfred, to
bring the penalty into conformity with that laid down elsewhere
for insubordination to the king. This explanation however would
only shift the anomaly from the time of Ine to that of Alfred. Is
it possible that the mte of 60 shillings was paid not to the king,
as Liebermann assumes, but to the ealdorman himself — with or
without an additional payment of 120 shillings to the king (see
Chadwick, Anglo-Saooon Institutions, p. 118)?

§ 3. 1. One of the commonest Latin terms for 'hide' is tribu-
tarius, which strictly speaking appears to be a translation of gafoL
gelda. It would seem, therefore, that a gafolgelda was, whether in
Ine's time or at some time not long previously, a peasant who held
a hide of land. If we compare cap. 23 § 3 with cap. 32 we are
brought to the same conclusion. The word gafolgelda does not occur
elsewhere in the laws.

184 NOTES TO LAWS OF INE AND OP ALFRED

6. § 3. 2. For the gebur of later times see Rect. cap. 4. In Domesday
Book the word is translated by coUbertus. In Ine's time it may
have had a wider significance. The presumption is that the terms
gafolgelda and gebur together comprise the whole peasant population,
and that, in contradistinction to the former term, gebur denotes
one who did not possess a holding of his own (see Chadwick, Anglo-
Saxon Institutions, p. 87 ff.).

3. Liebermann adds, ' to the king,' both here and in § 4
and § 5.

4. The gafolgelda is presumably to be included with the
gebv/r.

7. 1. There is an apparent contradiction between this law and
Ine, cap. 12. Liebermann understands that in the latter case, in con-
tradistinction to this, the reference is to a thief caught in the act
(cf. Wiht. cap. 26; II As. cap. 1).

8. 1. i.e. apparently, fulfilment of a legal debt or obligation.

2. If the word scir is used in its technical sense, i.e. 'county,'
the official indicated is presumably an ealdorma/n, since each county
was under an ealdorman at this time (cf. Preamble, note 2). Sdr-
gerefa (sheriff) does not appear before the 10th century. It is possible
however, that scir is here used in a wider sense.

3. To the king (Liebermann).

9. 1. To him whom he has outraged (Liebermann).

2. To the king, as also in cap. 10 below (Liebermann).

11. 1. i.e. only a West Saxon.

2. i.e. a freeman who has been reduced to slavery.

3. Liebermann translates — ' lose er sich mit seinem Wergeld.'
Grammatically his could refer to ' the countryman bond or free,' but
this interpretation would be open to the objection that the slave has
no wergeld. At this time an export trade in slaves was carried on
in London by Frisian merchants ; see the case of Imma mentioned
by Bede {Hist. Eccl. iv. 22). For earlier evidence of a similar
practice see the account of Gregory and the English slaves given by
Bede {op. cit. ii. 1).

12. 1. i.e. taken in the act (cf. note 1 to cap. 7 above).

13. This clause curiously breaks the connection between cap. 12
and 13 § 1.

14. 1. The expression of the value of the oath in hides is found only
in the laws of Ine (cf. cap. 19. 46. 52. 53. 54), together with Alf.
cap. 11, and the Dialogue of Archbishop Egbert: Presbiter secundum
numerum cxx tributariorum ; diaconus vera juxta numerum Ix ma-
nentium ; monachus vero secundum numerum xxx tributariorum.,
sed hoc in oriminali causa. (Cf. Seebohm, Tribal Custom, in A.S.
Law, p. 379 f.) Elsewhere, the value of the oath is expressed in
money. The expression of the oath in hides has never been satis-
factorily explained, but it may be observed that the number of hides
required seems to correspond to the number of shillings involved in
the compensation or fine (see Ine, cap. 52 ; cap. 46. 7. 43 ; cap. 54.

INE 185

23 ; and, for a discussion of this subject, Chadwick, Anglo-Saxon
Institutions, p. 134 ff.). See Liebermann, Die Eideshufen bei den
Angelsachsen, in the Festschrift fur Zeumer.

15. § 1. 1. Cf. cap. 19 below, where the oath of a communicant
appears to be of greater value than that of a non-communicant. For
the privileged position of communicants see Wiht. cap. 23.

16. 1. Lit. 'those associated with him in payment' (of the wergeld).
The word probably refers primarily to relatives (cf. cap. 74 § 2), though
in Alf. cap. 27 it would seem to be otherwise. See B. and T. for
other references.

2. In order to exculpate him (cf. cap. 21 and 21 § 1 below).

18. 1. The repetition of this law in cap. 37, together with the dis-
crepancy between cap. 23 § 3 and cap. 32, suggests the possibility
that the present code is a combination of two (see Chadwick, Anglo-
Saxon Institutions, p. 10 ; but cf. note on cap. 23 § 3 below).

19. 1. It would seem that the number of hides for which a 'twelve-
hynde ' man was entitled by his birth to swear was thirty at this
time. In that case, the value of the oath is doubled if he is a
member of the king's household, and is at the same time a commu-
nicant (see Chadwick, Anglo-Saxon Institutions, p. 136 f.). Accord-
ing to Liebermann all twelfhynde men were assumed to be com-
municants (see Liebermann, Die Eideshufen bei den Angelsachsen).

The expression Cyninges geneat occurs in the Sax. Chron. ann.
897, where the death in battle is recorded of MtSelfertS cynges geneat
— a fact which would seem to indicate that these men were persons
of some position (see Chadwick, Anglo-Saxon Institutions, p. 137).

20. For the significance of this cap. see the introduction to the Laws
of Ine and Alfred, p. 34.

21. 1. See note 1, cap. 16 above.

§1.1. Presumably because, by doing so, the homicide will give
the relatives of the dead man a prima facie case for exculpating their
kinsman.

23. 1. Including probably, as Liebermann suggests, a subject of one
of the English kingdoms other than Wessex.

§ 1. 1. i.e. the man under whose protection he has been. Lieber-
mann connects this law with Alf. cap. 31, and understands se gesid'
to be equivalent to pam, gegildan (Alf. cap. 31), but the two cases
are not really parallel There is no previous reference here to gegildan
as there is in Alf. cap. 30, while in the latter case it is not stated
that the person under discussion is a foreigner. Further, Gif hit
Sonne abbod sie of the following clause (23 § 2) clearly carries on the
sense of healf se gesi&, and must refer to the person in authority over
the dead man. For the use of gesi& cf. cap. 50. 'Squire' might be a
better trans, but the authority implied isover persons rather than land.
§ 3. 1. There is perhaps a certain discrepancy, though not an
actual contradiction, between this law and cap. 32, which may point
to a composite origin (cf. cap. 18, note 1) or to additions having been
made after the time of Ine; though this cannot be regarded as certain.

186 NOTES TO LAWS OF INE AND OF ALFRED

23. § 3. 2. The principle that the head of the household is valued
at a greater amount than his son, seems to represent Welsh custom
— though the amount of the wergelds here given is far less than
those stated in the Welsh laws themselves (cf. Seebohm, Tribal
System in Wales, p. 106). No such principle is to be found in the
Anglo-Saxon Laws. Cf. Seebohm, Tribal Custom in A.S. Law,
p. 308.

3. i.e. probably a pound (cf. cap. 59) — the ordinary price
of a slave (cf. cap. 3 § 2, 74; IV As. cap. 6 § 6; II Athlr. cap. 5 § 1 ;
Duns. 7).

4. The context here seems to suggest that slaves in a Welsh
community or household are meant.

5. Cf. Ine, cap. 54; Alf. cap. 35.

24. § 2. 1. An Englishman who possessed 5 hides of land was, in
later times at any rate, entitled to the privileges of a thegn, and con-
sequently to a wergeld of 1200 shillings; cf. Northleoda Laga, cap.
9 f., Rect. cap. 2 f. For a discussion of the Social System see Chad-
wick, Anglo-Saxon Institutions, Chap. iii.

25. § 1. 36 shillings is an unusual fine (cf. cap. 45). For an explanar
tion and discussion see Chadwick, Anglo-Saxon Institutions, p. 128.

26. 1. It is not clear to me what is meant — whether a strong
healthy child needs more sustenance, or whether more should be paid
for a child which appears to be of aristocratic origin. Schmid trans-
lates 'Gestaltnisder Person'; Liebermann, 'Korperbeschaffenheit.'

27. 1. Liebermann suggests that and should be translated 'or,' and
that the king obtains the wergeld when there is no lord. It is possible,
however, that the intention is to divide the sum, as in cap. 23 § 1,
where (as against Liebermann's view) se gesiS may correspond to
his hlaford here (cf. also note 1 to cap. 50 below).

28. 1. i.e. his captor.

§ 1. 1. The reference is presumably to the captor, and not to the
thief, for the next paragraph clearly refers to the same person, and
allows the possibility of a denial of culpability, which would be hardly
feasible in the case of a thief caught in the act (cf. cap. 36. 72. 73).

29. 1. Perhaps a slave rather than a servant. The word peowa is
used in the title (cf. note to Abt. cap. 85).

31. 1. This, substantially, is the rendering given by Thorpe and
Liebermann. Price and Schmid, following the Latin version, under-
stand gyft as 'bride-price,' and interpret the law to mean that if the
price to be paid by the bridegroom is not forthcoming, the bride-
groom must not only pay this, but he must also make amends, etc.

32. 1. Cf. Northleoda Laga, cap. 7 f . From a comparison between
this law and cap. 23 § 2 above, it may perhaps be inferred that the
gafolgelda still commonly possessed a hide of land.

33. 1. It has been doubted whether horswealh means anything more
than 'horse-servant,' 'marshal'; but the evidence of the preceding
law is against this interpretation. Reference may be made to the
radmen or radchenistres of later times {Pseudoleges Canuti, cap. 6)

INE 187

where these words are used to translate the syxhynde of Alf. cap.
30 and 39 § 2 (cf. Maitland, Domesday Book and Beyond, pp. 44, 56,
66, 305). If this identification is correct, then the Welsh horseman
is to be equated with the English syxhynde man, though with a
reduced wergeld, as in the case of the Welsh gafolgelda and the
Welshman who own 5 hides (cf. cap. 23 above). The man Wulfric
described as cynges horstSegn, se wxs eac Weath gerefa (v.l. ge/era),
whose death is recorded in Sax. Ghron. ann. 897 ad fin., was evi-
dently a person of higher position than the people referred to in this
law. Reference may also be made to Eyrhyggja Saga, chap. 4 : Til
hqfsins skyldu allir menn tolla gjalda, ok vera skyldir hofgo<Sa til allra
fer&a, sera nH eru pingmenn hdftsingjum etc.

34. 1. Cf. Alf. cap. 29 and 31; Jixt is possibly final — 'for the pur-
pose of.'

35. § 1. 1. The amount to be paid is not clear. Liebermann suggests
2 X 60 shillings, Schmid 2 x 36 shillings, others 2 x 30 shillings.

36. § 1. 1, 2. See note 2 to the preamble; note 2 to cap. 8.

37. 1. Lit. 'cauldron,' a reference to the ordeal, as was first pointed
out by Liebermann; see Kesselfang bei den Westsachsen im 7"" Jahrh.,
S.B.A.W. 1896, II. 829—835; Hastings, Encyclopxdia of Religion
cmd Ethics, s.v. Ordeal.

The commonest forms of the ordeal resorted to by the Anglo-
Saxons were the hot-iron ordeal, the hot and cold water ordeal, and
corsnxd. There is no evidence that trial by battle was an Anglo-
Saxon institution (see Pollock and Maitland, History of English
Law, I. p. 16; H. C. Lea, Superstition and Force, p. 105), — a curious
fact since the duel was exceedingly common among the Teutonic
peoples of the continent. It was introduced into England by the
Normans, and though the Laws of William allow Englishmen to
resort to the duel in their suits with Frenchmen, they expressly
allow them to decline it (II Wm. cap. 1. 2. 3; III Wm. cap. 12; cf.
Henr. cap. 75 § 6). Pollock and Maitland (op. cit. p. 28) explain the
absence of trial by battle from Anglo-Saxon procedure by the per-
sistence of extra-judicial fighting, due to the feebleness of the central
executive power.

Trial by corsnxd in which the accused had to swallow a
morsel of barley bread or cheese (sometimes but not always conse-
crated), is most frequently mentioned in the laws in connection with
ecclesiastics, though it was not confined to them. It was resorted
to when they were without friends, or kindred, or associates, who
would act as oath-helpers, unless the accused chose to clear himself
by an oath taken on the sacrament (VIII Athlr. cap. 22. 24; I Can.
cap. 5 § 2) — a form of ordeal definitely religious and almost entirely
confined to the clergy (see Liebermann, Glossar, s.v. Geweihter
Bissen, Abendmahlsprobe).

The chief sources of information about the ordeal are II As.
cap. 23, III Athlr. cap. 6. 7, Be hlaserum and he morS-slihtwm (p. 170),
Dam he hatan isene and wxtre (p. 170), and Exorcismus (Schmid,

188 NOTES TO LAWS OF INE AND OF ALFRED

Appendix xvii ; Liebermann, i. p. 401). According to this last docu-
ment, every man who proceeded to the ordeal had to prepare himself
by fasting for three days (cf. II As. cap. 23). He was then led into the
church by the officiating priest (cf . Dom, cap. 1 ), and after the mass had
been sung the Eucharist was administered. Before the sacred elements
were given to him the priest addressed him thus : Adiuro uos N. per
Patrem, et Filium et Spiritum Sanctum et per uestram christianitatem,
quam suscepistis, et per unigenitum Dei Filium et per Sanctam
Trinitatem et per sanctum euangelium et per istas sanctas reliquias,
quae in ista ecclesia sunt, et per illud baptismum, quo uos sacerdos
regenerauit, ut nan presumatis ullo modo com,7nunicare neque accedere
ad altare, si hoc fecistis aut consensistis aut scitis quis hoc egerit.
If the accused remained silent, the priest partook of the Eucharist
and administered it to the accused also (cf. II As. cap. 23). Then
the trial proper began. If it was by hot iron the proceedings were
as follows. After the iron had been heated two representatives from
each party entered the church to see all was in order (cf . Dom, cap. 1
§ 3, Edw. Conf. cap. 9). Then an equal number from each party
entered the church to watch the trial (cf. IT As. cap. 23 § 2; Dom,
cap. 1 § 4). If the ordeal was a threefold one, an iron ball weighing
three pounds had to be carried nine feet (cf . Be Blaserum) ; if simple,
the iron weighed one pound and had to be carried three feet. The
hand was then bound up and unwrapped after three days. If it proved
to be septic the defendant was pronounced to be guilty. If the trial
was by boiling water, a stone was suspended therein — a span deep
if the ordeal was simple, an ell deep if threefold (cf. Dom, § 2) —
which the accused had to lift out. The preliminary and final pro-
ceedings were similar to those of the hot iron ordeal (cf. Dom, § 5).

If the trial was by cold water, the priest consecrated it, and
gave some of it to the accused to drink. Then he called on God to
receive the innocent into the holy water, and reject the guilty: ut
nulla m,odo suscipias huMC hominem iV^., si in aliquo sit culpabilis de
hoc quod illi obiicitur, scilicet aut per opera, aut per consensum, vel
per conscientiam, seu per ullum, ingenium, sedfac eum, super te nata/re
etc. The defendant was then undressed. After kissing the gospels
and the crucifix he was sprinkled with the consecrated water and
cast in. According as he sank or swam he was judged to be innocent
or guilty. It is uncertain if this form of the ordeal was very common
in England, but II As. cap. 23 refers to one form of it.

Trials by ordeal were resorted to (1) when the suit was between
"Welshmen and Englishmen (see Duns. cap. 2. 8); (2) when strangers
and foreigners had neither friends nor associates to act as oath-
helpers (II Can. cap. 35, III Can. cap. 13, Henr. cap. 65 § 5);
(3) when perjurers or men frequently accused were the defendants
(I Edw. cap. 3; II As. cap. 7, VI As. cap. 1 §4; I Athlr. cap. 1,
III Athlr. cap. 3; II Can. cap. 22 § 1, 30; IWm. cap. 14; Henr. cap.
65 §3, 67 §1); (4) when very serious ofiences were committed: —
plotting against a lord (II As. cap. 4); breaking into a church

INE 189

(II As. cap. 5); practising witchcraft (II As. cap. 6; Be Blaserum);
coining false money (II As. cap. 14 § 1 ; III Athlr. cap. 8; IV Athlr.
cap. 5. 7) ; incendiarism {Be Blaserum; II As. cap. 6 § 2). According
to III Athlr. cap. 6 and Be Blaserum the accuser could choose whether
the ordeal should be by water or iron, but whether it was simple or
threefold depended on the offence committed, and the reputation of
the accused. According to III Athlr. cap. 6 all trials by ordeal had to
take place in a royal borough, but they were forbidden on Sundays
and during fa-sts (see E. & G. cap. 9; V Athlr. cap. 18; VI Athlr.
cap. 25; I Can. cap. 17, Henr. cap. 62 § 1). For the conditions under
which women were tried see Edw. Conf. cap. 19.

For a discussion of the origin, prevalence, and variety of forms
of the ordeal, see Hastings, Encyclopedia of Religion and Ethics,
s.v. Ordeal, and the bibliography appended.

38. 1. Presumably a cow is to be given if the husband dies in
summer, an ox, if he dies in winter. The husband, judging from the
amount of the maintenance allowance, would be a commoner (cf. cap.
26 above).

2. Liebermann translates 'den Hauptsitz (das Stammgut).' 'Ma-
turity' is reached apparently at the age of ten (cf. Ine, cap. 7 § 2,
H. and E. cap. 6).

39. 1. See note 2 to cap. 8.

42. 1. An obvious reference to the open field system of agriculture
Each field was divided into parallel acre strips (normally a furlong
long and a chain wide) of which each ceorl had a number, though
these, as a rule, were not adjacent. Doubtless the whole of the avail-
able arable was not cultivated every year, though it is uncertain
whether the 'three field system ' was already in existence. Neither the
land nor the produce was communally owned; the ceorls, to borrow
Vinogradoff's phrase, resembled 'a community of shareholders.'
Since individual ceorls would seldom possess eight oxen — the number
used to draw the wooden plough of the Anglo-Saxons — ploughing
could only be done by hiring the oxen of neighbours (cf. Ine, cap. 60) ;
there was no communal team to call into service.

2. Round the arable land lay the common meadows and pasture
lands, enclosed by a strip of forest which provided mast pasture for
the swine (cf. Ine, cap. 4.3. 44. 49) and served as a means of defence
(cf. Ine, cap. 20). The fencing of the arable land was obviously a
necessary precaution.

3. As stated above, crops were not owned communistically.
Each ceorl would take the produce of his own strips. For an ex-
haustive treatment of this subject see Seebohm, The English Village
Community; Cunningham, Growth of English Industry and Com-
merce, I. p. 30 ff.; Vinogradoff, The Growth of the Manor, p. 165 ff. ;
Maitland, Domesday Book and Beyond, p. 337 ff. ; Hodgkin, Political
History of England, p. 219 ff.

§1. 1. i.e. perhaps the difference between its value alive and
dead.

190 NOTES TO LAWS OF INE AND OF ALFRED

44. § 1. 1. For 'rents in linen, cloth' in later times see Vinogradoff,
The Growth of the Manor, p. 329; Neilson, GustomcM-y Rents, p. 191.

2. hiwisc is apparently used in the Northleoda Laga, cap. 7,
for hid, the original meaning of which was the portion of land apper-
taining to a household (Lat. familia). It is very likely that hiioisc
has the same meaning here, i.e. as Liebermann suggests, the tax
would not be paid by the cottager who held little or no land.

45. 1. Lit. 'breaking through the fortifications of,' etc. It would
seem that the residences of the higher classes were usually surrounded
by some kind of stockade. Stones or earth can hardly have been
used; otherwise such residences would frequently be traceable now.

2. i.e. within his diocese.

3. From a comparison of this law with Alf. cap. 40, it seems
probable, that in spite of the slight difference in the amount stated, the
phrase gesi&cundes monnes landhsebbendea is equivalent to the more
usual twel/hynde man; though this identification is not allowed by
Liebermann.

46. 1. For the loss of the right to produce an oath see I Edw. cap. 3 j
II As. cap. 25; II Can. cap. 36.

47. 1. By him in whose possession it is attached. The disability was
removed later; see II As. cap. 24.

48. 1. i.e. the oath required for this purpose shall be no more than
the value of the goods stolen.

49. § 1. 1. For the value of a pig see VI As. cap. 6 § 2, Duns. cap. 7.
§ 3. 1, That is to say, if payment for the pasturage of pigs is

paid in kind.

50. 1. i.e. before the case passed out of his jurisdiction. Note that
a gesitScund man has a lord. GesiS is here used for gesi&cund mam,
(cf. cap. 23 § 1 above). Liebermann translates Ids inhiwan by 'seine
Gutsinsassen' ('inhabitants of his estate'). If this translation is
correct, the last words of the law imply something like the existence
of a court leet.

51. 1. The original meaning of this word was 'journey' (cf. Norse
ferts), then (military) 'expedition'; and in view of the fact that the
Latin translation is nearly always expeditio, it would possibly be
better to translate the sentence, 'if a nobleman etc. neglects to go on a
(military) expedition.' The custom arose, perhaps, not from state con-
scription but from the obligation of a dependant to accompany his
lord on journeys (cf. reference to the Eyrhyggja Saga given in note to
cap. 33). I take gesi&cund man landagende to be equivalent to
twel/hynde man (of. cap. 45), and the gesi&cund man unlandagende
to be equivalent to nyxhynde man.

52. i.e. an illicit compact by which a case is settled out of court,
the judge and king thus being deprived of their fines (see V As. note
to cap. 3 § 1).

53. 1. i.e. the declaration was presumably to be made at the dead
man's grave.

§1.1. In this clause ierfe appears to be used in two different
senses. In the first three instances, it denotes the whole of the estate

INE 191

of the dead man ; in the last, the particular piece of property which
is in dispute.

2. i.e. the slave or any other article which is in dispute.

54. 1. i.e. in each 100 hides required in the oath (cf. note, cap. 14).
2. The expression kyningmde is obscure, but 30 hides was pro-
bably the value of the oath of a twelfhynde man (cf. cap. 19 above)
If this is correct, it would mean that each 100 hides of the oath
required must contain the oath of a twelfhynde man (see Lieber-
mann's note ad loc. and Chad wick, Anglo-Saxon Institutions, p. 148).
'Whichever he may be,' refers most probably to the man slain, but
this is not absolutely certain.

§ 1. 1. Lit. 'if he need' that is to say, if he has not the value at
hand, in money or other articles.

2. The value of the slave in Wessex was 60 shillings (cf . note 3
to Ine, cap. 23 § 3); a mailcoat and sword together would probably
be worth quite 40.

3. Or possibly 'or'; see the following note.

4. Swords were sometimes worth much more than this, see
Harmer, Historical Documents, p. 4 : FreocSomund foe to minum.
sweorde 7 a^efe cfermt feower Susenda, 7 him, mon forgefe Seran
cfreotene hurtd pending ; and Thorpe, Diplomatarium Anglicum ( Will
of the Atheling ^thelstan). For the value of arms etc. in later times,
see II Can. cap. 7 1 f .

§ 2. 1. The figure is curious. One MS of Quadr. has xx quatuor.
The meaning is 'shall not be compelled... by less than.'

55. 1. The value of a sheep alone is given at a shilling (cf. note 1
to cap. 59 below) in VI As. cap. 6 § 2, and Duns. cap. 7.

56. 1 . The subject of swerie must be the man who sold the beast ;
but the text can hardly be right as it stands. It would seem as
if a number of words after to honda had fallen out. For the form
of the oath sworn by the buyer and seller of the cattle see The
Formulae for Oaths, cap. 7, 9.

57. 1. It would seem that two-thirds of the property — that is
aU except the one-third which could be claimed by the wife — was
to be forfeited. See Liebermann, Glossar, s.v. ' eheliches Giiter-
recht,' 2 — 4 ; Pollock and Maitland, History of English Law, 11.
p. 362 ff.

59. 1. Liebermann assumes that the shilling in Ine's time contained
five pence, as it did in Wessex in later times ; but it is difficult to
believe that the terms ' shilling ' and ' five pence ' used in this law
signify identical amounts. That the West Saxon shilling contained
four pence at this time (like the Mercian shilling) seems to be shown
by the Sax. Chron. ann. 694, where the sum paid for the slaying
of Mul is identical with the wergeld of a king stated in the fragment
Be Myrcna Lage. It is probable also that the wite of 60 shillings
originally meant a pound of silver (see Chad wick, Anglo-Saxon Insti-
tutions, p. 12 f.).

§1.1. The wey of barley is now 6 quarters, that of other grains
5 quarters ; but the exact amount in Ine's time can hardly be deter-

192 NOTES TO LAWS OF INE AND OF ALFRED

mined with certainty. For a discussion of the wey see Liebermann's
note ad loc, and Harmer, Historical Documents, p. 73.
61. 1. The meaning of to Jiam healme is uncertain ; healm means lit.
' stalk, straw,' i.e. ' crop.' Schmid and Liebermann (in his notes) trans-
late to by 'nach Veihaltnis von,' i.e. 'in proportion to (the size of)."^

62. heforan ceace may also be translated ' when faced with the
ordeal ' (lit. ' cauldron ') ; or more probably ' in place of undergoing
the ordeal' (see Liebermann's note ad loc). For 'ordeal' see note
to cap. 37 above.

63. 1. With B. and T. and Liebermann I have taken -festran as
fern. (nom. -festre). It might however be a niasc. noun (nom. -festra)
meaning 'fosterer.'

64. 1. The object of cap. 64. 65. 66 is, according to Seebohm (Tribal
Custom in A.iS. Law, p. 421 f.), to ensure provision for the payment
of the king's food-rent.

67. 1. The gyrd ('virgate') was no doubt, as in later times, a quarter
of a ploughland. It is more or less the normal holding of the villanus
in Domesday Book (see Maitland, Domesday Book and Beyond,
p. 36 ff.). It is not clear that the hide was identified with the
ploughland in the time of Ine.

2. Thorpe and Kemble (Saxons in England, i. p. 310) under-
stand this to mean that the tenant shall not be deprived of the
results of his labour. Liebermann translates 'so braucht der [Bauer]
es nicht anzunehmen wenn jener [Herr] ihm nicht [auch] sine Hof-
statte giebt, und entbehre der Acker.' He says mcer means not
' korn ' but ' saatflur ' ; but see xcer, B. and T. Suppl.

68. 1. It is not clear to me what this law means. B. and T. (s.v. seien,
p. 866) suggest ' the ejected tenant was not to be deprived of what
he had planted ? ' or ' that he was to be compensated for the cultiva-
tion of the land 1 ' Selen may possibly be used in the sense of land-
seten, 'land in occupation,' i.e. land occupied by tenants (cf. cap. 64
above). Seebohm (Tribal Custom in A.S. Law, p. 432 f.) suggests
that seten refers to the gesiScundman's own cattle and crops (see also
Liebermann's note ad loc). Is it possible that ■''ordrifan can here
mean ' to undertake hostilities against ' ?

69. 1. i.e. by anyone who sells a sheep which has been shorn before
that date. This would mean that two pence would be deducted from,
the price of the sheep.

70. 1. For manbot, i.e. compensation paid to a lord for the death
of one of his men, cf. Abt. cap. 6 ; Ine, cap. 76 ; II Edm. cap. 7 § 3,
3 ; I Can. cap. 2 § 5 ; I Wm. cap. 7 ; and Maitland, Domesday Book
and Beyond, pp. 31, 54, 70.

§1.1. The amber was apparently half a mitta, but in neither
case can the capacity be determined at this time. In the 13th century
the amber contained 4 bushels (see Harmer, op. cit. p. 73).

2. Similar payments are not unfrequently mentioned in
charters (see Harmer, Historical Documents, i. ii. etc.; Maitland,
Domesday Book and Beyond, pp. 234, 318, 324) In Birch, Cart.

INE 193

Sax. 1010, a payment very much less than this is described as one
day's /eorm for Christchurch, Canterbury, in the middle of the 10th
century.

71. 1. It is not clear whether the reference is to homicide, in which
case the wergeld would be that of the man slain, or to some serious
crime which involved the payment of the perpetrator's own wergeld
(see note 1 to cap. 72, below). Liebermann takes the former view ;
but it is possible to take this law in connection with cap. 72, which
would mean the payment of the perpetrator's own wergeld.

72. 1. According to Liebermann wergildpeof denotes not only a
thief, but any criminal who has forfeited his wergeld. He gives
a complete list of over twenty oflFences by which this penalty was
incurred ; see Glossar, s.v. Wergeld, 30.

2. 60 shillings, according to Liebermann (cf. cap. 43).

3. Liebermann takes him to be singular — referring to the thief ;
but cf. cap. 28 § 1 and cap. 36.

73. 1. i.e. before the thief is recaptured.

74§2. Foryrigre read/ri5'ea( with H,B, and Ld). 1. Thorpe translates
' unless he be desirous to buy off from himself,' etc. Schmid, ' ausser
wenn er ihn von der Feindschaft los kaufen will.' In the MSS ma^
gieldan is written as one word, and in Henr. cap. 70 § 5, where this
clause is translated, mseggieldan is rendered by megildare. Such
compounds are unusual, though not unknown; Liebermann, ill.
p. 81, cites deedbetan. It is perhaps better to read thus than to trans.
m^ as ' Sippenzahlung' (with Liebermann) or to take it as nom.

75. 1. Schmid translates 'Vieh (Gut).' The law relates primarily,
no doubt, but not exclusively to cattle.

76. 1. For the importance attached to this form of relationship cf.
Sax. Chron. ann. 755, where a solitary survivor of the defeated
force is excused for his surrender, on the ground that he was the
godson of the leader of the victorious party.

2. For manbot see note to cap. 70 above.

ALFRED

The Laws of Alfred are preceded by a long introduction (cap.
1 — 48) which contains the ten commandments (cap. 1 — 10), and many
other precepts from the Mosaic law (cap. 11 — 48). These are followed
by a brief account of Apostolic history and of Church law, as laid
down by ecclesiastical councils, both ecumenical and English (cap.
4^9 § 1— -§ 7). The concluding words of cap. 49 § 8 state that com-
pensations for misdeeds on the part of men were ordained at many
councils, and written in their records, with varying provisions.

Introd. 1. lit. 'and {i.e. 'or') ordered to be observed in a different
way,' i.e. I have annulled some laws, and changed others.

2. The laws of Offa, who reigned 757 — 796, have not been
preserved.

A. 13

194 NOTES TO LAWS OF INE AND OF ALFRED

1. § 2. 1. This is perhaps the most satisfactory translation of the
expression cyninges tun. (Quadr. translates ad mansionem regia/m.)
The usual meaning of tun is 'village.'

2. 1. See note 2 to Ine, cap. 70 § 1.

2. [Head 'free' endowed']. 'Free,' i.e., exempt from certain

payments to the king (see Liebermann's note ad loc), or, perhaps,
more generally, 'privileged.'

3. Lit. 'he shall have a space of three days to protect himself
etc.'; cf. cap. 5 and 42, below.

§ 1. 1. Liebermann understands this to mean, 'he (the pursuer)
shall not have obtained the sum due to him ' : i.e. by violating the
right of asylum, he will lose what the fugitive owes him. But ybr/oM
does not seem to have this meaning elsewhere, while the syntax too
is peculiar. Is it possible that in the archetype MS the reading was
his agenneforfong, and that owing to an error of omission and a sub-
sequent marginal correction, the en of ag\en'\ne has been transposed
to the end of the sentence? It is not stated that the pursuer has been
robbed by the fugitive.

3. 1. i.e. commits an offence against any person (or place?) under
the special protection of the king. The word horg seems to be used
not, as usually, in the sense of bail, but as more or less equivalent to
niund. Cf. Be GfriSe, cap. 11, and the note to Abt. cap. 8.

2. Anglo-Saxon coins are seldom debased, but it is worth noting
that the most debased are those of the Mercian king Burgred
(852 — 874), who was still reigning when Alfred came to the throne.

4. 1. i.e. men in the king's service, who are plotting secretly against
the king's life. Schmid and Liebermann take his in connection with
toreccena, and translate 'their men' or 'men belonging to one of them';
but such a construction seems hardly possible.

§ 1. 1. The value of the wergeld of the King of Wessex is never
stated in the laws. In the fragment Be Myrcna Lage, cap. 2, the
king's (simple) wergeld is stated to be equal to the wergeld of six
thegns, i.e., 30,000 sceattas or 120 pounds, while an equal amount,
called cynebot, has to be paid to the leode (i.e. the men in the personal
service of the king). As this is the sum stated to have been paid for the
West Saxon prince Mul (see Sax. Chron. ann. 694), it would seem
that the wergelds of the West Saxon and Mercian kings were originally
identical. A different and somewhat larger sum is specified in the
Northleoda Laga, cap. 1 (see Chadwick, Anglo-Saxon Institutions,
p. 17f.).

5. 1. Liebermann and earlier editors take ut and feohte together
as a compound verb, but as no such verb is recognised by Bosworth-
ToUer it would be safer perhaps to take ut as an adverb — equivalent
to ute, in which sense it occurs, though rarely, elsewhere.

2. The words from gifhit...ofgefo form a parenthesis which can
hardly be rendered in modern English, without transposition of the
sentences.

§ 1. 1. Lit. 'greater need,' i.e. too great for it to be spared.

ALFRED 195

§5. 1. According to Liebermann Sunnanniht xaea,ns 'Sunday,'
which is no doubt correct for this passage. On the other hand two
of the instances of the use of this word given in B. and T. clearly
indicate the night between Saturday and Sunday.

§ 5. 2. According to Liebermann the expression &one halgan
Punresdseg on Gangdagas is used in order to distinguish this day from
Thursday in Holy Week. In some M8S (cf. p. 66, note 17) and has
been inserted (as a correction) between dseg and on, which would
seem to show that the expression was not understood. Rogation Days
are the three days before Ascension Day.

7. 1. So also Liebermann. Possibly, however, the words may mean
'on such terms as the king is willing (to forgive him).'

§ 1. 1. If a man is slain.

2. i.e. such a fine as he may have incurred by his original
offence.

8. 1. It is not certain whether and should be translated here by
'or' or 'and.' If it is translated 'or,' the hlaford would, usually at
least, be a woman.

2. The word munuc is not elsewhere used for a woman, though
Tnunuc had is used to indicate the monastic life both of men and
women (cf. cap. 18, below). H, B, and Ld read pa nunnan; So,
pone mynecenne. The discrepancy seems to show that pone munuc
was the original reading and was not understood by later scribes.

9. § 1. 1. i.e. the value of the article stolen, or the damages in-
curred for an offence. Note the complete change of subject.

11. § 2. 1. So Liebermann.

2. In addition to the legal fine (Liebermann).
§ 5. 1. In H hett is written above the line, while later MSS
read sepel, which shows that the uncompounded iorenran was not
understood in later times. I know of no exact parallel for its use, and
it i.s a question whether some word has not been omitted in the MS
from which all our copies are derived (see Liebermann's note ad loc).

12.1. The explanation (in B) to? esiAaZ/pMmc? is incorrect. Thescribe
was reckoning in Mercian shillings which contained four pence. The
West Saxon shilling at this period contained five pence (cf. note to
Ine, cap. 59).

14. 1. According to Liebermann, otsSe should be translated 'and.'

17. 1. Primarily, no doubt, children are referred to.

18. § 1. 1. Quadr. translates LX solid, emendetitr marito.

2. feogodum may be taken as a definition (possibly added
later) of cvnexhtum. This is preferable to supposing that and has
been omitted, which Liebermann suggests as another possibility.

19. 1. i.e. the lender and the borrower.
§ 2. 1. i.e. the lender.

§3.1. Lit. 'they shall both give it back in such condition as either
of them has received it in.' The object of this cap. according to Pollock
and Maitland (History of English Lcuw, I. p. 31) was to prevent men,
intent on homicide, from obtaining another man's weapons and so

13—2

196 NOTES TO LAWS OF INE AND OF ALFRED

obscuring incriminating evidence or permitting the homicide to swear
an oath that it was with no weapon of his that the dead man was slain.

21. 1. This cap. presents much difficulty. Liebermann adds 'ihn'
after to handa, keeps and, reads mid him (following H, B, Ld, So),
and bohte in preference to brohte (H and B). He translates weorpe...
agife 'liefere man (ihn) und alles, womit er sich eine Stelle kaufte,
aus, und der Bischop degradire ihn, indem man ihn aus der Kirche
herausgiebt.' Hames (for mynaterhames, cf. cap. 2, above) however
may be partitive genitive after t>xt. Brohte (in H and B) seems
to show that the meaning of the original was not clear.

22. 1. H adds here 'and he shall receive the fine.' Presumably, the
king's reeve is the subject of the sentence, and the fine (for bringing
a groundless accusation) must be paid by the plaintiflf.

23. 1. The word abitan usually indicates a fatal bite, and Lieber-
mann understands it thus here. But in that case, the payment seems
rather inadequate. And would it be permitted to keep a dog which
had killed three people?

2. Lit. 'if he gives it food.'

§ 2. 1. Schmid and apparently Liebermann take he etc. to mean
'in proportion to' etc. (with reference to the various wergelds of
200, 600, and ] 200 shillings). But can fuUan mean this? Quadr. has
emendetur plena wera sic malum sicut inflixerit.

25. 1. Liebermann adds 'to the king.'

26. 1. For a definition of hloj?, see Ine, cap. 13 § 1.

2. Cf . Ine, cap. 34 § 1, where the penalties are somewhat different.

27. 1. It is not clear whether the full fine is 60 or 120 shillings
(see Liabermann's note ad loc).

28. § 1. 1. Liebermann understands as the subject of o&swerian wille,
not the band of marauders, but a single member of it who has been
accused.

30. 1. In Ine, cap. 16 and 21, gegildan seems to denote those who
are associated with the defendant for purposes of payment, and the
presumption is that relatives are meant. Here it would seem that
persons who had no relatives, or relatives only on one side (in
general, presumably manumitted slaves or their sons), had other
such persons associated with them, in place of relatives, for the same
purpose. Liebermann (see his Glossa/r, s.v. Genossenschaft, 3 ff.)
takes a different view.

2. Lit. 'shall flee.' B. and T. and Liebermann translate he fteo
as 'he shall go into banishment.' But do not the words rather mean,
that in default of payment, the relatives of the dead man shall have
the right of taking vengeance; cf. Ine, cap. 74 § 1.

32. 1. i.e. one-third of the wergeld; cf. cap. 52 and 47, below.

33. 1. The term god horg only occurs here. It is to be contrasted pre-
sumably with m,ennisc horg (cap. 1 § 8) ; with an appeal to God instead
of a human surety. Pollock and Maitland suggest that the giving of
such a solemn promise would be confined to persons of high social
rank, and would probably relate to marriages, family settlements.

ALFEED 197

and the reconciliation of standing feuds {Hist. ofEng. Law, i. p. 35).
Thorpe quotes as a comparison the following extract from Welsh
law: 'If a person pledge his baptismal vow for a debt, let him either
pay or deny it, as the law requires. The church and the king ought
to enforce the baptismal vow; for God is accepted in lieu of security'
{Ancient Laws, p. 82). With Thorpe, too, we may compare Pleta,
Lib. II. c. 63 : Inter quos (sc. mercatores) vera habetur talis consuetude,
quod si tallia proferatur contra talliam, allegando per earn solutionem,
rei petitae, si ex parte adversa dedicatur, tune considerandum erit
quod ille, cuius tallia dedicitur earn probet hoc modo; quod adeat
novem ecclesias, et super novem aliaria iuret, quod talis querens talliam
dedictam sibi fecit nomine acquietaniiae debiti in ea contenti, sic
ipsum Deus adiuvet et haec sancta.

2. This repetition of the fore-a& and the oath of denial would
involve one or other of the parties in manifold perjury, and contempt
of the saints and the church.

The fore-aS which had to precede every suit (II As. cap. 23 ;
Henr. cap. 64 § 1) was distinct from the definitive oath of proof,
though where there were manifest grounds for an accusation, e.g.
where a man could show a wound in court, or where the trail of
lost cattle could be traced to the accused man's estate (see V As.
cap. 2), thefore-aS was rendered unnecessary. Often theybre-aS" was
merely an oath of integrity; a declaration that the party bringing the
suit entered it not out of malice etc., but solely to procure the rights
to which he was entitled by law (see Ine, cap. 56; II As. cap. 9, 11 ;

I Wm. cap. 14; Formulae for Oaths, cap. 2, 7). The ybre-aS' might
be sworn by the plaintiff alone or by him and his oath-helpers (see
passages already cited); once only, or more frequently (Henr. cap.
64 § 1; Alf. cap. 33). According to Be leod-gepinc&um, cap. 3 and

II Can. 22 § 2 a.fore-aS may be sworn by proxy, but the same cap.
in II Can. states that &fore-atS shall never be remitted.

35. § 2. 1. Por hengenne see B. and T. s.v., and Liebermann, Glossar,
s.v. gefongniss. The translation 'stocks' is due to Schmid.

§4. 1. i.e. if he tonsures him.

§ 5. 1. Quadr. decern sol, which is probably merely a scribal error.

§ 6. 1. All the MSS read LX (sixtig), but Liebermann suggests
that the emendation to feowertig (40) in B is probably correct —
40 shillings being the total of the two fines specified in cap. 35 and
cap. 35 § 4.

36. § 1. 1. 'his' refers to the man carrying the spear.

§2. 1. The words 'supposing the point... fingers' obviously be-
long to the preceding section; the spear point would thus be on a
level with the face (see Pollock and Maitland, Hist, of Eng. Law, i.
p. 31).

2. Butan pleo; lit. 'without danger.' Quadr. translates sine
culpa.

37. 1. Lit. 'collection of habitations.' Liebermann (iii. 58) under-
stands boldgetxl to mean 'county.' In Alfred's time each county

198 NOTES TO LAWS OF INE AND OF ALFRED

had an ealdorman of its own. The word ealdorman (like scir) is
sometimes used in a more general sense, but it is rather difficult to
believe that Alfred would use the word in his laws, otherwise than
in its technical meaning.

37. 2. Lit. 'a lord.'

§ 1. 1. Liebermann notes the growth of the authority of the state
in this respect, as compared with Ine, cap. 39.
2. Lit. 'serving.'

38. § 2. 1. Schmid and Kemble understand gingran to mean sheriff;
but there is no evidence that such an official was in existence at this
time.

39. 1. Cf. Ine, cap. 6 § 3. In Kent the fine for a similar offence was
6 shillings, but the Kentish shilling contained 20sceattas; cf. Abt.
cap. 15, and the note to Abt. cap. 16.

40. 1. Note the distinction between hurg- and edor- (cf. Ine, cap.
45 and note 1).

§ 2. 1. Quadr. has sanctum velum which is evidently based on
the same reading as Ld (halig rift) and refers probably to the
hangings of the altar; but, as Liebermann remarks, this would not
have been permitted, even exceptionally.

41. 1. hodand was land acquired by title deed (often in reality a
deed of purchase). The owner had the right of disposing of such
estates by will. On this subject see Maitland, Domesday Book and
Beyond, p. 244 ff. ; Pollock and Maitland, History of English Law, I.
p. 37 f . ; Vinogradoff, English Historical Review, vol. viii. 1 ff., and
Growth of the Manor, pp. 142—144, 244—248, 209.

42. § 4. 1. I understand hwa (7 hwa ofer &set etc.) to refer to a third
person, a relative of the man who has surrendered. Liebermann
takes the sentence differently, understanding on him, as against the
man who surrenders, while as subject of gielde, heebhe he understands
the pursuer, whom he regards as exacting vengeance for a kinsman
not previously mentioned. Quadr. reads Si uelit in manus ire et
arma sua reddere, et aliquis super hoc impugnet eum, soluat sic weram
sic uulnus sicut egerit, et witam et perdat quod de cognatione sua
requirehat.

2. i.e. he who uses violence.

3. i.e. the man who has surrendered his weapons.

4. Lit. 'and (thereby) he shall have brought about his kins-
man's undoing.'

§ 5. 1. The word orwige here evidently denotes a man who,
having committed homicide (under the circumstances specified), is
protected from vengeance at the hands of the relatives of the man he
has slain. In later times the meaning of orwige was not understood
— hence on zvige ('in fight') in H, and sine zvita ('without fine') in
Quadr.

§ 7. 1. See note to § 5. 1, above.

43. 1. Liebermann, in his notes (iii. p. 60), translates esnewyrhtan
as 'knechtischen Arbeitern'; see also note to Abt. cap. 85, above.

ALFRED 199

'Free men,' Liebermann explains, includes 'Hintersassen im Herr-
schaftsgut, Bauern und Kotter, die Fron leisten,' and 'Landarbeiter
ohne Grundbesitz, die im Gutshofe, auch des Bauern, wohnen.'
43. 2. 15th February.

3. 12th March.

4. 29th June.

5. 15th August (liebermann). QuOidr. re&ds et in Augusto plena
ebdomada antefestum, beate Marie.

6. 1st November.

7. Ember days were days of fasting appointed by the Church
to be observed in the four seasons of the year. Each fast occupied
three days which, since the Council of Placentia a.d. 1095, have been
the Wednesday, Friday and Saturday next following (1) The first
Sunday in Lent, (2) Whitsunday, (3) Holy Cross Day (14th Sept.),
(4) St Lucia's Day (13th Deo.) (see N.E.D.).

8. The words para pe him.. -for Godes noman are taken differ-
ently by Schmid, Liebermann, and previous editors, who place a
comma 3.iter forgifen and interpret }>am as dative singular, and pe as
nominative to sie. The translation would then be 'in order to give to
him who is dearest to them etc' I take pe him to be dative plural of
the relative.

9. Lit. 'in their fragments of time.'

47. 1. Obviously a third of the wergeld (200 shillings) is the amount
intended — i.e. 66 shillings, 3 pence and a third part of a penny.

48. 1. Liebermann points out that the word neb may mean more than
the nose, and that injury to the mouth is not elsewhere provided
for.

49. 1. For a diflferent classification of the teeth see Abt. cap. 51.
§ 1. 1. Lit. 'cheek-tooth.'

§ 2. 1. Note the different relative values in Abt. cap. 51. Quadr.
mistranslates wongtoS as caninos and tux as molares denies.

51. 1. Not merely the larynx. Thorpe translates 'windpipe.'

52. 1. Lit. 'head.'
2. Cf. cap. 47.

55. 1. According to Liebermann, 'both bones' refers, not to the
radius and the ulna, but to the bones both above and below the
elbow.

57. 1. 8cyte-finger ; digitus secundus quo sagittatur (B. and T.).
2. According to Liebermann, the reading of H (v shillings) is
probably correct.

59. 1. Lit. 'ring-finger'; auricularis, Henr. cap. 93 §19.

66. § 1. 1. Cf. Abt. cap. 59 and 60.

67. 1. forslecm means 'to strike with violence, smite, break, etc'
(see B. and T.). Liebermann translates 'Wenn die Lendenseite
zerschlagen ist etc' The translation given is Thorpe's. He suggests
the law refers either to the maiming of the lower false ribs, or the
posterior part of the haunch-bones, or the spinous processes of the
lumbar vertebrae.

200 NOTES TO LAWS OF INE AND OF ALFRED

68. 1. There appears to be a discrepancy between this law and cap.
53. Either the word eaxle is a mistake, or (as Liebermann suggests)
some words may have been lost. The mistake, whatever it may be,
is common to all MSS.

69. 1. This translation is taken from Thorpe, with whom Schmid
('an der Aussenseite zerschlagt') and Liebermann ('die Hand aussen
zerschlagt') practically agree. I do not understand what kind of an
injury is meant.

70. 1. For gehaldre read gehalre (B and H). Lit. 'within the
whole (unbroken) skin.'

§1.1. 'Taken out,' Thorpe; 'herausreisst,' Liebermann; cf. cap.
74, below.

71. 1. Cf. cap. 47, note.

73. 1. For the use of the plural (Sa sculdru), see Liebermann's note
(ill. p. 62).

74. 1. Quadr. reads Si quis intro plagielur, ut os extrahatv/r — the
removal of the bone being the result of the wound; this is also,
perhaps, the meaning of the original.

77. 1. Sa geweald can hardly be used in the abstract sense of geweald
('power,' 'strength,' 'efficiency'). Liebermann compares the word to
wsdt in Abt. cap. 68 ; he suggests the reference here is to the spine.
2. i.e. the judges of the court in which the case is tried. Some
of the MSS of Quadr. add at the end of this cap., hoc est, ut reddantur
afflictiones liherorum per plenum, seruorum autem per dimidiura.

NOTES TO TREATIES WITH THE DANES

ALFRED AND GUTHRUM

Preamble. 1. This, no doubt, practically means the royal council,
as in Sax. Chron. ann. 823.

2. From cap. 1 it is clear that in addition to East Anglia proper,
Essex and South-east Mercia are included.

3. Among the subjects of Guthrum there would be freemen of
English origin.

2. 1. Scandinavian payments are regularly reckoned by marks (A.S.
marc, O. Norse mork) and ores (A.S. ora, O. Norse eyrir, pi. aurar),
which are standards of weight, 8 of the latter being equal to one of
the former. In England 20 pence were commonly reckoned to the
(silver) ora, though an ora of 16 pence is not unfrequently found. As
the payment here is to be made in gold, the question of the relative
values of gold and silver is involved (see Chadwick, Anglo-Saxon Insti-
tutions, pp. 24 f., 47 f.). The sum specified may represent a recog-
nised Scandinavian wergeld, which is probably not very far from that
of the West Saxon thegn (1200 shillings).

3. 1. The oath of a king's thegn was equal to that of 12 commoners
(see Chadwick, op. cit. p. 134 ff.).

2. The mancus was a gold coin weighing about 70 grains. It
contained 30 pence. The earliest belongs to the reign of Ofia and in
addition to the legend Offa Bex it bears a long Arabic inscription,
copied from a Mohammedan coin. The name is Arabic in origin, and
is derived from man-kush, lit. 'stamped' (cf. Chadwick, op. cit.
p. 10 ff.).

5. 1. In the 10th century the word here is frequently used (like
O. Norse herr), without military significance; cf. IV Edg. cap. 15.
It is not unlikely that here the expression in &one here faran
denotes simply a journey into Danish territory.
2. Lit. 'that one has a clean back.'

EDWARD AND GUTHRUM

Freamble. 1 . The fact that no king is mentioned here or in cap. 4,
5 § 1, may indicate, as Liebermann suggests, that the laws were enacted
at a provincial (East Anglian) assembly (cf. Ill As. Preamble), after
the kingdom had ceased to exist. On the other hand, reference may
be made to IV As. Preamble, where the laws are attributed to the
action of a council, though the king is mentioned. We may also
compare the Preamble to the Laws of Wihtred.

202 NOTES TO TREATIES WITH THE DANES

2. 1. Scand. Lit. 'a breach of the law,' then the fine incurred
thereby.

3. §1. 1. Three half -marks, i.e. 12 oran, probably a pound (240
pence). This agrees with the toite of 60 shillings (strictly speaking
Mercian shillings), found elsewhere; but not with the fine of 30
shiUings here imposed. This oflFence was apparently less costly among
the English than among the Danes (see also A. and G. cap. 2, note 1).

§ 2. 1. Maundy Thursday.

2. Probably a pound; see note 1, cap. 3 § 1, above.

4. 1. Both here and in cap. 5 § 1, below, Liebermann attaches sig-
nificance to the absence of a reference to any king; cf. note 1 to the
Preamble, above, and note to cap. 12, below.

5. § 1. 1. See note 1 to cap. 4.

6. § 2. 1. According to Schmid and Toller 'light-dues' were paid to
provide the church with lights (cf. VIII Athlr. cap. 12 § 1 ; V Athlr.
cap. 11 §1; I Can. cap. 12).

§ 3. 1. Apparently dues paid from each plough; cf. I As. 4;

I Edm. 2; II Edg. 2; V Athlr. 11; VI Athlr. 16; VII Athlr. 7;
VIII Athlr. 12; I Can. 8: see Liebermann, Glossar, s.v. Pflug-
almosen.

§5. 1. According to Liebermann the reference here is to the
man who uses violence against the person who is collecting the dues
of the Church. Quadr. reads Si contrastet, ut hominem uulneret qui
Dei rectitudines exigat, de hoc uita componat.

§ 6. 1. Lit. 'if he strikes anyone dead,' but the reference is ob-
viously to the same person mentioned in the preceding clause.

2. The word hearme occurs in all MSS, both here and in

II Can. cap. 48 § 2. Schmid (followed by Liebermann) suggested that
hearme stands for hreaine ('hue and cry'); cf. Quadr. et prosequatur
eum cum clamore. But the actual reading of the MSS gives at least
intelligible sense.

7. 1. See note 1 to cap. 3 § 1, above.

§ 2. 1. The Danelagh was the region within which Danish Law
prevailed (cf. O. Norse Gulapings Log, Frosta}>ings Log, etc., which
denote not only the Laws of the Gula}>ing and FrostaJ)ing, etc., but
also the districts within which these laws were enforced). The refer-
ence here, no doubt, is to the Danish kingdom of East Anglia, though
elsewhere the term embraces other parts of England which were oc-
cupied by Danes (cf. Chadwick, Anglo-Saxon Institutions, p. 198 f.).
9. 1. See note to Ine, cap. 37.
11. 1. Quadr. translates Si sortilege uel incantatrices, etc. Wiccan
may be either masculine or feminine, but wigleras must be masculine.
With this law may be compared a passage in Wulfstan's Sermo ad
Anglos (printed in Sweet's Anglo-Saxon Reader, 8th Ed. p. 95) :
and her syndan raanawa/ran and morSorwyrhtan, and her syndan
hadbrecan and xwbrecan, . . .and her syndan wiccan and wselcerian, etc.
2. Birch, Cart. Sax. 1131 affords an interesting comparison. It
describes how land at AUsworth had belonged to a widow and her

EDWARD AND GUTHRUM 203

son who practised pinsticking witchcraft upon ^Isie ; but she was
drowned at London Bridge and her son was outlawed : 7 pset land
mt Mgele»wyr<Se headde an vyyduwe 7 hire sune mr forwyrt for ixm
}>e hi dtifon iserne stacan on jElsie Wulfsta/nes feder 7 })Xt werSssreafe
7 man teh J}set mortS forts of hire indifan. fa nam man pset wif 7
adrencte hi ast Lundene brigce, 7 hire sune xtberst 7 wer<S utlah, etc.
12. 1. As mentioned above (see p. 96), Liebermann regards this
passage as showing that the East Anglian kingdom had already come
to an end, and that the province was now under the charge of an
earl. The concluding words however, }je cyning sy on Seode, are not
easy to reconcile with this interpretation ; in particular, the expres-
sion on (feode, which is used above of the bishop, would seem more
naturally to refer to the kingdoms of England and East Anglia
respectively, than to the succession of the kings of England alone.
Before the extinction of the East Anglian kingdom, there were earls
in Bedford, Huntingdon, Northampton, and doubtless also, in the
other chief Danish centres ; and the reference in the text might well
be to these, rather than to a later earl of the whole province — for
which indeed we have no satisfactory evidence. The Ealdormam,
^thelstan (' Half king ') seems to have been in office in 932. On
the other hand there is a difficulty in regard to the mention of a
bishop. We have no trustworthy record of an East Anglian bishop
between 870 — 933, though presumably some provision must have
been made for episcopal jurisdiction from the time when the Danes
accepted Christianity.

NOTES TO THE LAWS OF EDWARD
THE ELDER AND OF ^THELSTAN

I EDWARD

Preamble. 1. domhoc, according to Liebermann, refers to the
Laws of Alfred and Ine (of. II As. cap. 5).

2. Liebermann points out that a similar phrase is used in King
Alfred's Will (see Harmer, Historical Documents, p. 17), and suggests
that it may have been a regular formula unless Edward had borrowed
it from the will.

3. Cf. II Edw. cap. 8.

1. 1. i.e. the reeve in charge of a town (port). For 'port' see
Maitland, Domesday Book and Beyond, p. 195 f. (cf. note 1 to
II As. cap. 14 ; note 2 to II As. cap. 14 § 2).

§ 1. 1. 120 shillings (see cap. 2 § 1, below).

2. Lit. ' where it comes to a standstill.' When a man could
not produce witnesses to prove his rightful possession of property, he
was held guilty of theft (see II Athlr. cap. 9). Later, vouching to
warranty was necessary to three removes only (see II Can. cap. 24).

§ 2. 1. Liebermann suggests that the form of the oath is perhaps
given in The Formulce/or Oaths, cap. 3 § 3.

§ 3. 1. When a suitor was free (as here) to produce his own
oath-helpers, the combined oath was known as an unselected (wn-
gecoren) oath (cf. I Athlr. cap. 1 § 2 ; II Can. cap. 30 § 7. 44). When
(as in § 4) he was compelled to select oath-helpers from men nominated
either by the judge or the defendant, the combined oath was known
as a selected {eyre) oath (cf. II As. cap. 9; III Athlr. cap. 13;
II Can. cap. 65 ; Henr. cap. 66 § 6, etc.). In Nor(5hymhra jyreosta
laga, cap. 51 we have a combination of both oaths, and in Henr. cap.
66 § 10 the selection of oath-helpers is to be made by lot.

When it was necessary to produce the oaths of all the nomi-
nated witnesses the combined oath was known as a rim-aS.

§4. 1. g'«6MrA.«cipe (H and Quadr.) may, according to Liebermann,
mean an administrative district with a borough as its centre.

2. For the value of the cow see VI As. cap. 6§ 2 ; Duns. cap. 7.

§ 5. 1 . Quadr. adds an explanatory parenthesis after wi&er-
tihtlan : ' id est pro iniusta accusations.' Liebermann following
Quadr. translates 'kraft widerrechtlicher Klage.' Thorpe explains
it as 'a cross action resorted to for purposes of delay and oppression';
it was forbidden by II Can. cap. 27.

2. The form of the oath, Liebermann suggests, may be that
given in The Formulce/or Oaths, cap. 2.

II EDWAED 205

2. 1. For 'bookland,' 'folkland' see references quoted in the note
on Alf. cap. 41.

2. This passage might also be translated 'that he (the defendant)
shall appoint a day when he shall do him (the plaintiflF) justice,' etc.

3. 1. i.e. if an oath of sufficient value to clear the accused has not
been obtained.

2. See note to Ine, cap. 37.

II EDWARD

Preamble. 1. Lit. 'how their peace might be better than it had
been.'

2. Lit. 'that which he had commanded.' The reference is to the
previous code.

§3.1. Cf. lEdw. cap. 2§1.
2. 1. Liebermann takes this to mean that a number of men are
nominated to act as witnesses for the reeve when he exacts the fines
mentioned in § 3, above. According to II As. cap. 25 § 1, the fine
incurred by the reeve is to be exacted by the bishop.
3. 1. Cf. II As. cap. 2 ; Henr. 82 § 2.
§1. 1. II As. cap. 20 §5.
§ 2. 1. See note to Ine, cap. 37.

4. 1. The duty of assisting to trace stolen cattle falls in later times
on the Hundred (see I Edg. cap. 5).

5. 1. Probably, as Liebermann suggests, the two words express
only one idea.

2. For domboc, see note 1 to I Edw. Preamble. Liebermann
points out that as there is nothing in the Laws of Ine or of Alfred
about tracing stolen cattle, the reference to the domboc can be
relevant only to the breaking of a man's oath and pledge (cf. Alf.
cap. 1 § 2 J cap. 7). cfis (Gif hwa &is o/erhebbe) probably refers to
all the preceding sections (cf. II As. cap. 25), and not to cap. 4 only.

§2. 1. Of. Ine, cap. 30, etc. (see Index, s.v. 'fugitive').

2. Edward's dominions at his accession comprised Wessex,
together with Kent, etc. and English Mercia {i.e. the south-western
half of the Midlands). Before his death he had carried his frontier
as far as Nottingham and Manchester.

3. i.e. East Anglia and Northumbria. The former kingdom
was conquered by Edward after the battle of Tempsford, in which
the East Anglian king was killed. The date is uncertain; the Saxon
Chronicle (A) gives it under the annal 921, but the dates of this text
are, in general, three or four years in advance of those of B and C.

4. These treaties are now lost, the Laws of Edward and
Guthrum containing no provisions of this kind. This passage seems
to me (as against Liebermann's view) to point to a date before the
conquest of the East Anglian kingdom, since this kingdom is treated
on a par with the Northumbrian kingdom which was still in existence
at Edward's death, though it had already recognised his supremacy.

206 NOTES TO LAWS OF EDWARD THE ELDER AND OF ^THELSTAN

6. 1. B. and T. translate 'let him have such servile work assigned
to him as pertains thereto' ; but this translation seems to be pointless.
Does not the sentence mean that the thief must do as much servile
work as will equal the value of the fine which is not forthcoming ?

7. 1. i.e. 120 shillings; cf. cap. 2, above.

8. 1 . This would seem to be a meeting comparable to the meeting
of the hundred in later times, cf. I Edg. cap. 1. It is doubtful how-
ever if the hundred itself as an organised unit was in existence at
this time, since the first reference to it is in III Edm. cap. 2.

I ^THELSTAN

Preamble. 1. Archbishop of Canterbury 925—940 (cf. As. Ord.
Pr. ; II As. Epilogue).

2. Liebermann translates 'in jeder Stadt,' but in his notes he
says that it would be better to translate ' in jedem Gericht (Amt-
sprengel)'; adding that the reference is not merely to town officials,
but in the great majority of cases to public officials in charge of
country districts and royal officials in charge of crown estates. The
use of the word byrig would seem to imply that primarily the reeves
of boroughs with dependent districts are meant — perhaps as the most
important of their class. For a general discussion of the borough
see Maitland, Domesday Book and Beyond, p. 172 ffi Cf. II As. cap.
13 — 18 and notes.

1. 1. 29th August.

2. 1. 2. The references seem to be to Gen. xxviii. 22 and Ex. xxii.
29 ; but neither of the quotations is exact.

3. 1. Liebermann refers to Man. Germ., Epist. Ka/rol. ii. 25 (a
Synod of the year 786, cap. 17) De decimis dandis... Sapiens ait : qui
deoimam, non tribuit, ad decimam revertitur ; and to the Bliokling
Homilies 51, 49, where the same doctrine is enunciated.

4. 1. Cf. VI As. cap. 8 § 6.

2. See E. and G. cap. 6 § 3.

5. 1. 120 shillings (see I Edw. cap. 2 § 1).

ORDINANCE RELATING TO CHARITIES

As stated on p. 113 the Anglo-Saxon text is preserved only in
Lambarde's edition, and contains many incorrect forms : ^fielstane
(nom.), mine (dat.), mina (gen. pL), an earm (ace. sing, masc),
him (ace. sing, masc), hine (dat. sing, maac); so also mona}>, ane,
ambra, an scone, monpa, tSses ealle, lufu, it, gereafa, oferheald, &a tun.
Preamble. 1. Wulfhelm, Archbishop of Canterbury 925—940.

2. See Ine, Pr. note 3.

3. Quadr. adds et adquisitionem vites seternx.

1. 1. i.e. from the rents of two of my estates. Quadr. has niht-
firmis. For feorm see Ine, cap. 70 § 1, note 2.
2. See Ine, cap. 70 § 1, note 1.

II jEthelstan 207

3. Quadr. has et casei quattuor et in tercia die pasche t/riginta
denarii ad vestitum duodecim mensium unoquoque anno.

II yETHELSTAN

1. § 1 . 1 . According to Liebermann the wergeld is that of the thief.
§ 2. 1. The words added in So (p. 126, n. 10) mean, according

to Liebermann, ' whether he is younger or older than twelve.'

§ 3. 1. According to Liebermann, this section and the following

one refer to persons who are minors (cf. VI As. 12 § 1); but it is

difficult to see how such a restriction could have been understood

unless some word has been omitted.
§ 4. 1. i.e. in prison.
§ 5. 1. i.e. the thief's wergeld.

2. According to Liebermann, some private authority (either

nobleman or prelate) who is entitled to receive fines.

2. 1. Or 'in conformity with public law.'
§ 2. 1. ' his ' refers to the outlaw.

3. 1. The reference, according to Liebermann, is not to a person
who had a court of his own, but to one who was influential enough
to shield his men from the operation of the law. He points out also
that in case of appeal there is no mention here of an appeal to a
coxmty court such as we find in later times (cf. II Can. cap. 18).

2. Three times, according to later laws (cf. II Can. cap. 19).
§1.1. ' his ' refers to the lord. A slave had no wergeld.
§ 2. 1. i.e. financial officials of the king in the various districts
(Liebermann) ; cf. Ill Edm. cap. 5.

4. 1. See note to Ine, cap. 37.

5. 1. Cf. note to Ine, cap. 37.

2. Cf. Alf. cap. 6 j I Wm. cap. 15 ; Edw. Oonf. cap. 6.

6. 1. See E. and G. cap. 11, note.
§ 1. 1. See note to Ine, cap. 37.

§ 2. 1 . The reference is to those who seek vengeance for a relative
or friend who has been put to death for thieving.

7. 1. See note to Ine, cap. 37.

8. 1. For ' shire ' see note to Ine, cap. 36 § 1.

9. 1, 2. See note to I Edw. cap. 1 § 3.

3. For the live stock which 20 pence would purchase see
VI As. cap. 6 § 2.

10. 1. See note to cap. 3 § 2, above.
2. To the king. (Liebermann).

11. 1. There is a curious ambiguity about the use of sum with the
genitive of cardinal numbers. According to what was no doubt the
original use, the subject is included in the number — as is probably
the case in Wiht. cap. 19. Here, however, the subject seems not
to be included and there are clear cases elsewhere of the same use ;
e.g. II Athlr. cap. 4 gange feowra sum to 7 oSsace 7 heo him aylffifta.

208 NOTES TO LAWS OF EDWABD THE ELDER AND OF ^THELSTAN

For further examples of both constructions see B. and T. s.v. sum ;
cf. also J. E. Wulfing, Englische Stu. xvii. p. 285 f., xxiv. p. 463.

11. 2. Apparently a reference to a lost law.

12. This cap. refers primarily to cattle (cf. cap. 9, note 3; I Edw.
cap. 1, note).

13. 1. For the significance of this introductory formula {we cweSa}>),
see p. 113, above.

2. Rogation Days are the Monday, Tuesday and Wednesday
before Ascension Day.

14. 1. Besides being a military centre the burh was the natural
centre of trafficking. According to Maitland {Domesday Book and
Beyond, p. 195), when in the laws there is a desire to emphasise the
fact that the burh is a centre of trade, it is called a port, though
not every ' port ' was necessarily a burh.

§ 1. 1. See Ine, cap. 37, note.

§2. 1. Of St Augustine's.

2. Athelstan's coins commonly bear the name of the place where
they were minted. Of the boroughs here mentioned, London, Win-
cheater, Wareham, Exeter, along with 14 other boroughs, are repre-
sented in the Brit. Mus. Catalogue of English Coins (vol. ii. p. 105 fi".).
16. 1 . Elsewhere we find that one man was required for the Jyrd
{expeditio) from every five hides (see Maitland, Domesday Book and
Beyond, p. 156). Since by this time the hide and the ploughland
were probably identical, the requirement stated here is exceptionally
heavy; but the explanation probably is that cap. 13 — 18 seem to
have been intended for burgware, who may be regarded as primarily
a military caste (see Maitland, op, cit. p. 190 f.).

19. 1. See note to Ine, cap. 37.

20. 1. i.e. 120 shillings, cf. I Edw. cap. 2 § 1. The assembly is
probably that which met every four weeks (cf. II Edw. cap. 8).

§2. 1. i.e. 120 shillings.

§ 8. 1. 'his' refers to the fugitive.

21. 1, 2. Instead of going to the ordeal, the guilty man may come to
terms with the prosecutor for any payment. But for the fine, he
must settle with the authority to whom the court belongs.

22. § 1. 1. See note to cap. 20, above!

23. 1. Cf. Ine, cap. 37, note 1. The religious aspect of the ordeal is
especially emphasised here. Indeed Karl von Amira (Paul, Grund.
der germ. Phil. vol. ill. pp. 218 — 220) contends that the ordeal was
unknown to the Teutonic peoples until it was introduced by the
Church. But there is evidence to show that the ordeal was generally
practised in pre-Christian times, and the probability is that the
Church after trying hard to abolish the ordeal was compelled to
adopt and adapt it ; see Lea, Superstition and Force, p. 355 ; Mait-
land, Collected Papers, ii. p. 448 f.; Hastings, Erusyclopoedia of
Religion and Ethics, p. 530 f.

2. i.e. to the ordeal.

§ 1. 1. According to a document given by Liebermann (i. p. 418,

Ill ^THELSTAN 209

cap. 21) an ordeal by cold water is referred to here. The accused
man was tied up with his hands below his knees, and let down gently
into the water. If he sank to the depth specified he was judged to
be innocent, the assumption being that there was a natural antipathy
between the consecrated water and anything evil. A guilty man
would not be taken into the water, but would float on the surface
(see also note to Ine, cap. 37).

§2.1. Apparently a reference to a lost law.

2. i.e. those in excess of 12 (cf . Bom be hatan isene, cap. 1 §4).

24. 1. And with it, the responsibility for proving whence he
obtained it (see II Athlr. cap. 8, 9).

2. Contrast Ine, cap. 47.

25. I. Thorpe and Schmid, following Ld, and in accordance with a
logical sequence, place cap. 26 before cap. 25. It is probable that this
rearrangement is also in accordance with the original MS, and that
the sequence in H is due to a mistake on the part of the scribe. Jns
refers apparently to the whole code, and not to cap. 24 only (cf. <fis
in the last section below, and Gifhwa &is oferhehhe, etc., II Edw. cap. 5).

§ 2. 1. Five pounds is a sum greater than the wergeld of a com-
moner (200 shillings), so the law can refer only to people of a higher
social rank.
Epilogue. 1. South-west of Andover, Hampshire.

2. See I As. Pr., note 1.

Ill ^THELSTAN

Preamble. 1. Liebermanndatesthisdocument c. 928 — c. 938. The
' bishops ' would then be Wulfhelm of Canterbury (see I As. Pr. ;
As. Ord. Pr.j II As. Epilogue) and Cyneferth (or his successor
Burgric), Bishop of Rochester.

2. If comites et uillani is a definition of thaini, we may (with
Lieberraann) compare mine pegnas twelfhynde 7 timhynde which
occurs in a writ of Cnut's 1017 (Kemble, Cod. Dipl. 731). This use
of the word is Scandinavian rather than English (see Kemble,
Saxons in England, 11. p. 234 t).

1. § 1. See I As. Preamble.

2. 1. Grately, Hampshire, S.W. of Andover; cf. also VI As. Pre-
amble, cap. 1 §4, 12 § 1 ; III As. cap. 5, 7 § 3 ; IV As. cap. 2. The
references to the Council of Grately (II As.), here and in cap. 5 and 6,
appear to be of a general character rather than to specific chapters.

2. Faversham in Kent; cf. also VI As. cap. 10; III. cap. 2;
IV. cap. 1.

3. 1. misericorditer is evidently a mistranslation — of arlice accord-
ing to liebermann.

2. Lit. ' that the toite should be excused to all.'

4. 1. Cf. Ine, cap. 39 ; Alf. cap. 37 ; II As. cap. 22 ; IV As. cap. 5.
§ 1. 1. Cf. V As. cap. 1 § 1.

2. eum, apparently for se, probably through a misunder-
standing of hine.

A. 14

5.1.

Of.

6.1.

Cf.

2.

i.e.

7.1.

Cf.

I Win.

cap.

8.1.

C£.

210 NOTES TO LAWS OF EDWARD THE ELDER AND OF jETHELSTAN

II As. cap. 25 § 2.
IV As. cap. 3 ; VI As. cap. 8 § 2.
at Exeter ; cf. V As. Preamble, § 1.

III Edra. cap. 7 ; I Athlr. cap. 1 ; II Can. cap. 31 ;
52 ; Henr. cap. 8 § 3.

II As. cap. 15.

IV iBTHELSTAN

1. 1. See V iBthelstan, Pr. § 1.

2. See III As. cap. 2 ; VI As. cap. 10.

3. Thundersfield in Surrey ? In VI As. cap. 10 reference is
made to the same three councils together with that held at Grately.

Cf. also VI As. Preamble.

2. 1. Seell As. cap. 12, 13 §1.

2. See II As. cap. 24 §1. In later times trading on Sunday
was again forbidden (see VIII Athlr. cap. 17).
3. 1. Cf. Ill As. cap. 6.

2. Cf. V As. Pr. §1.

3. According to Liebermann the Latin is not quite a correct
translation ; the original Anglo-Saxon was presumably a sentence
beginning with mwn.

4. Cf. V As. Pr. §2; Wiht. cap. 25, 26; Ine, cap. 12, 16, etc.
§1. 1. 'his' refers to the subject of the sentence and not to

the outlaw.

Cf. V As. Pr. § 3.

§2. 1. Liebermann suggests that «Mperiw/rac«a (Lond.), which he
adopts, is either a corruption of euperexcepta et infracta, V As. Pr. 3,
Quadr., or that the original Anglo-Saxon MS had qferbrocen. But may
it not be a scribal error for semper infracta 1
2. Cf. V As. Pr. § 3.

4. 1. Cf. Ill As. cap. 4.

2. Presumably the border of his district (' Provinzgrenze,'
Liebermann).

3. Cf. V As. cap. 1 ; I Edw. cap. 2 § 1 ; II As. cap. 22, etc.

5. Cf. Ill As. cap. 4 § 1 ; V As. cap. 1 § 1.

6. 1. Cf. Ine, cap. 5 ; Alf. cap. 2, 5, etc.

2. Cf. II As. cap. 1 § 3 ; VI As. cap. 12 § 1.

3. For Lond. in note 10 (p. 148) read Lieb. The MSS have
adlata (R), ajjlata (T, Co, Or), awlata (M, Hk), aplata (K). Lieber-
mann's emendation is suggested by to nanan andssece ne meege, VI As.
cap. 1 § 1. For earlier explanations of the various MS readings see
Liebermann, iii. p. 114.

4. See Ine, cap. 37, note.

§ 2. 1, In the Anglo-Saxon fragment preserved in H the bishop
shares with the king the privilege pf granting a respite of 9 days.
Liebermann suggests that this elevation of the bishop is due to the
Rochester scribe's desire to increase his bishop's dignity.

V jETHELSTAN 211

§ 3. 1. Apparently a formula for describing a loyal subject ; cf.
V As. cap. 3 : for eoMe Jie unllaj) £te< he wiln.

§ 5. 1. Obviously the number meant both here and in § 7 is
eighty, but I do not know the reason for the periphrasis.

§ 6. 1. Apparently to make up the price of a slave, which was a
pound (240 pence) ; cf. Ine, cap. 3 § 2, 74, 23 § 3.

§ 7. 1. See note on § 6.

2. See Wiht. cap. 10, 13; Ine, cap. 3§ 1, etc.
7. 1. See I Edw. cap. 2 § 1.

2. See II As. cap. 25; V As. cap. 1 § 2, § 3.

Fragment of IV ^thehtan

This fragment is found only in H, where it is appended to V As.
It differs considerably from the Latin text. In § 1 the bishop is
placed alongside the king as being able to grant a respite of nine
days (see note to IV As. 6 § 2) — a privilege granted only to the arch-
bishop in the Latin version. There is nothing in the Latin version
corresponding to § 3, and this, with the comparative mUdness of the
punishment (cf. Alf. cap. 2 § 1, II Edm. cap. 4), suggests that § 3 is
a later insertion. For a discussion of the relationship between the
Latin and A.S. texts see Liebermann, in. p. 112.

V .ffiTHELSTAN

Preamble. The reference (Grately) is to II As.

§1. 1. Or, perhaps, 'are with me,' if, as seems probable, this
meeting was being held at the time when the laws were promulgated
(Liebermann).

2. Implied in the previous section (cf. Ill As. cap. 6 ; IV
As. cap. 3).

3. Perhaps ' cattle ' (cf. cap. 2, below, etc.).
§ 2. 1. Cf. IV As. cap. 3.

2. Cf. Wiht. cap. 26; Ine, cap. 29; II As. cap. 11, etc.
§ 3. 1. Cf. IV As. cap. 3 § 1, 6 § 3.
2. At Grately.

1. 1. Note that this refers to a case different from those of Ine,
cap. 39, II Edw. cap. 7, II As. cap. 22 (cf. IV As. cap. 4).

2. Cf. II Edw. cap. 2.

§ 1. Cf. IV As. cap. 5 ; III As. cap. 4.

§ 2. 1. i.e. 120 shillings; see II Edw. cap. 20 (cf. cap. 1, above).

§ 3, § 4. 1. Cf. IV As. cap. 7 ; II As. cap. 26 ; VI As. cap. 11.

§5.1. According to Liebermann a fresh nomination of witnesses
would not be made in each new case. The persons specified were
a permanent body who served as co-swearers as well as witnesses
(cf. II Edw. cap. 2 ; IV Edg. cap. 3, 4, 5).

2. Cf. I Edw. cap. 1 § 3, note 1.

2. 1. This, I take it, is the significance of ut.

2. i.e. the evidence of the trail renders the oath of accusation
unnecessary (see Alf. cap. 33, note).

14—2

212 NOTES TO LAWS OF EDWARD THE ELDER AND OF ^THELSTAN

3. 1. See Ine, Preamble, note 3.

2. i.e. one of the three sections into which the Psalms were
divided (see Plummer, Baedae Op. Hist. ii. 137 ; Harmer, Historical
Documents, pp. 9, 23, 75 ; and cf. Wiht. cap. 1 § 1).

3. i.e. as Liebermann suggests, all true subjects (cf. qui uelit
quod rex, IV As. cap. 6 § 3).

4. Their merits being measured by their benefactions to the
Church.

§1.1. That is to say, that the suit might be settled privately
out of court, and then no fine would be paid to the judge. Ine, cap.
52, expressly forbids such private settlements. 'These secret com-
positions,' says Thorpe (p. 134), 'are forbidden by nearly every early
code of Europe; for by such a proceeding both the judge and the
crown los^ their profits ' (cf . Ill As. cap. 3).

2. Cf. Alf. cap. 5 § 5 ; II As. cap. 13.

VI ^THELSTAN

This document is of considerable importance as the first example
of what may be called the by-laws of an association. It may be
compared in some respects with the laws of the Association of Thegns
at Cambridge, which, however, seem to be nearly a century later.
It is written in a curiously unliterary style^ — -frequently ungram-
matical^ — which presents many difficulties. There is some incongruity
also between the various sections. The last few sections seem to be
decrees of the king, and their relationship to the rest of the document
is not quite clear. It is curious too that cap. 1 § 1, which treats of
theft by young persons, should be abrogated by the royal decree
contained in cap. 1 2 of the same code. It is not clear from the laws
themselves what was the extent of territory over which they were
to be enforced. Liebermann infers from cap. 10 that they applied
to the whole county of Middlesex, and perhaps to Surrey and Essex
as well. They were evidently intended for a population engaged in
agriculture, rather than in occupations which we associate with town
life. It is a natural inference that the people for whom the code
was compiled were the burgware of London, who are frequently
mentioned in the Sax. Ghron. But the word hurg itself nowhere
occurs in the actual code. Many important points are not made clear,
e.g. whether the associations included the whole population of both
sexes, and how it was possible to preserve the groups of ten and a
hundred referred to in cap. 3, etc. The "relationship of these associ-
ations to the frankpledges of later times is altogether obscure.

Preamble. 1. Lit. 'peace-associations'; Liebermann takes yHdgie-
gyldum to be a plural noun with singular meaning.

1 There are several false concords (e.^. urum gemanum sprmce, cap. 3 ; urne
ceapgild, cap. 6 § 1) ; but Liebermann suggests these may be due to the scribe
of H.

VI jEthelstan 213

2. According to Liebermann, this means the bishops who had
property in London ; viz. the Archbishop of Canterbury and the
Bishops of London, Worcester, Rochester and Elmham.

3. According to Liebermann, the reeves of noblemen and ecclesi-
astics who had property in London are meant.

4. The references are to the codes II, V and IV of ^thelstan.
The identification of punresfeld is uncertain (cf. IV As. cap. 1).

1. § 1. 1. This chapter consists of regulations which were enforced
throughout the whole nation and not merely in the locality of London.
The by-laws proper of the association begin with cap. 2.

2. See note 1 to Alf. cap. 41. The case taken here is not that
of a man who holds land by title deed, but that of a farmer who is
a tenant on land which the landlord himself holds by title deed.

3. Liebermann understands this to mean that the landowner
and the association each receive one-sixth of the property.

§ 4. 1. See note on Ine, cap. 37.

2. Cf.II As. cap. 1 §4; V As. Preamble§3; IV As. cap. 6§3.

§ 5. 1. Quadr. translates uelad eum liberandum in uia descendet.
On strxte is probably to be understood as the road along which the
thief is being taken under arrest.

2. 1. The shilling mentioned here seems to be the Mercian shilling,
which contained four pence (see note 1 to Ine, cap. 59). Down to
911 London had been a Mercian town.

3. 1. This group of a hundred associates (hynden) is, of course, quite
distinct from the territorial hundred.

2. Thorpe and Schmid understand 'he xxx p.' to mean 'after
the rate of 30 pence ' (cf. cap. 2) ; but I have followed Liebermann's
suggestion (in. p. 119) that a better translation would be 'bei Strafe
von 30 P. oder einem R. ' (cf. cap. 6 § 2, below), 30 pence being
the fine for insubordination enacted by the guild (cf. cap. 8 § 5,
below).

4. 1. ' Tithing ' (teo&ung) would seem from the context to mean
the bodies of ten men specified in cap. 3, above.

2. Quadr. reads Et postquam vestigium deerit, inveniatur semper
de duabus decim.is unus homo, ubi magis populi sit, sic de una decima,
ubi minus populi sit etc.

5. 1. be norSan mearce ne he su&an probably means 'in all direc-
tions,' although only specifying two of them.

6. § 1. 1. Liebermann understands ceapgild to mean here the com-
pensation paid by the guild to one of its members who has been
robbed ; but in § 4, below, he takes it to mean the compensation
accruing to the guild. Quadr. reads de nostro ceapgildo, id est de
nostra captali persoluendo, and apparently takes ceapgild in the same
sense in § 4, below.

2. Liebermann adds we, or following Quadr. m^n, as the
subject of gilde. Quadr. reads Si sit metre (betre, id est melior),
reddatur secundum pretium appreciatum.

3. Schmid (following Thorpe)and otherearly editors suggest-

214 NOTES TO LAWS OF EDWARD THE ELDER AND OF ^ETHELSTAN

ed the insertion of ne before be pam. Liebermann accepts the emenda-
tion and translates weor&ige as [eidlich^ bewerthet ; in the last sentence
he adds 'we'(or 'us') and understands Aa66e to he.iorhabben, following
the reading of Quadr. (habeamus nobis aitperplus). The introduction
of the oath (eidlich) scarcely seems to be justified by the original,
and I am inclined to think that the text as it stands may be correct,
although the meaning is neither clearly nor logically expressed. I
would suggest that the passage be pam pe se man hit weorSige really
implies some prdcess of haggling.

6. § 2. 1. Cf. Duns. cap. 7, which among other valuations gives
that of the horse to be 30 shillings ; the ox, 30 pence ; the cow, 24
pence ; the pig, 8 pence ; and the sheep, a shilling.

2. Quadr. inserts id est xxx den. after una manca, and v
den. after ouis solido. This is the value of the West Saxon shilling
(see note 1, cap. 2, above). For mancus see note 2 to A. and G. cap. 3.
§3. 1. I take the first i>a men of the Anglo-Saxon text to be
nominative in apposition to we ; the second J>a as nominative of the
relative and the second men as accusative, meaning ' slaves.' Thorpe
and Schmid regard the repetition of J^a men as a scribal error,
Liebermann emends the first pa men to pam. Quadr. reads Diximus
de seruis nostris, eis qui men habent.

2. With Liebermann I take ' our slaves ' as referring not to
slaves of the association, but to the slaves owned by individual
members.

3. See IV As. cap. 6 § 5.

4. i.e. the full value of a slave which was usually a pound
(240 pence) ; cf. Ine, cap. 23 § 3, 74, 3 § 2 ; IV As. cap. 6 § 6.

5. This means he would be stoned to death (cf. IV As.
cap. 6 § 5).

6. Cf. Ine, cap. 24.

§ 4. 1. Liebermann interprets this difierently. He understands
o/er xxx paeng as the minimum to be paid by the convicted thief and
translates the first clause : ' Und das [uns zukommende] Ersatzgeld,
sobald wir [den Dieb gerichtlich nachweisen und] es einklagen, steige
jedesmal iiber [mindestens] 30 Pfennig bis zu einem halben Pfund und
ferner hinauf etc' But ought not qfer xxx pxiig to be interpreted
like ofer xii pseningas in cap. 1 § 1, above, and 'half a pound' to be
taken as the minimum payment to be made by the thief 1 The clause
/urtfor gif we etc. seems to contain an ellipsis — ' when the value of
the goods stolen exceeds half a pound etc'

2. This clause, gif we past. . .angylde, seems to imply that the
thief may not be able to pay to the full value of the goods.

3. A literal translation of the clause peak heo Isesse sy would
be ' though it is a smaller one,' it (heo) referring to sesce (search).

7. 1. Liebermann's textual emendation of ^[««] to Plfi] is in ac-
cordance with Quadr. which reads: Diximus faciat quicumque faciat,
qui omnium nostrum molestiam vindicet, etc ; but the emendation
does not seem to me to be necessary.

VI jEthelstan 215

2. 30 pence, according to Liebermann (of. cap. 8 § 5, and note 2
to cap. 3, above).

8.§1. 1. Cf. cap. 3, above

2. Cf. cap. 4, note 1, above.

3. liebermann interprets this as referring to preparations
for a coming feast of the guild.

4. The arithmetic is rather difficult to understand. Quadr.
also has duodecim homines. Liebermann emends to xi and takes J>a
(Quadr. ipsi) as nominative plural of the pronoun.

5. Lit. ' food.'

§ 2. 1. Probably the (burghal) district attached to London. No
such district is mentioned in the text of the Burghal Hidage which
has come down to us. But the burgware of London are frequently
mentioned in the Sax. Chron., and the existence of a burghal district
is implied in the preamble to this code.

§ 3. 1. Liebermann takes on twa hecd/a to mean 'to north and
south.' But does it not rather mean ' in all directions ' (cf . note to
cap. 5, above)?

§ 4. 1. scyre is clearly the sphere of jurisdiction of a gere/a (cf.
cap. 10, below). It is not clear whether the gerefa mentioned here
and in the two preceding paragraphs is what was later called scir-
gerefa, i.e. sheriff. If that were the case it might be inferred that the
scir was a county. It may, however, denote a smaller division of
territory, possibly the divisions belonging to the reeves mentioned in
the preamble.

2. Cf. Alf. cap. 37 §1.

3. i.e. 120 shillings (cf, II Edw. cap. 2).

§ 5. 1. i.e. in pursuing the trail beyond the border.

2. Cf. cap. 8 § 4, § 2, above.

3. Cf. cap. 3, note 2, and cap. 7, note 2, above.

§ 6. 1. gesufel is obviously connected with sufl, the term denoting
cheese, beans or whey. Zupitza and Kluge in their glossaries give
gesufel, ' zur Zukost gehorig.' Cf. Harmer, Historical Documents, p. 74.
2. See Harmer, op. cit. p. 75.

§7. 1. It is not clear whether hiremannum, denotes 'persons
under our jurisdiction,' or 'personal dependants.' In the former case
the word urum must refer to the reeves and bishops, in the latter to the
community in general, with special reference to the wealthier mem-
bers of it. In his notes, Liebermann takes the passage in the latter
sense.

2. Presumably this means that he should acquaint his neigh-
bours with the time when he last saw it in his possession.

3. Maitland (Collected Papers, i. p. 421) suggests a connec-
tion between this cap. and the Lex Salica where 'the burden or rather
the benefit of proof ' depended on whether a man who was tracing
cattle could overtake them before three nights had elapsed.

§ 8. 1. Quadr. reads quia nolumus aliquod pecus incustoditum et
per inobservantiam perditum, reddere.

216 NOTES TO LAWS OF EDWARD THE ELDER AND OF ^THELSTAN

8. §9. 1. i.e. the king.

2. i.e. ' the royal reeves who are set over us ' (Liebermann).

3. This admonition apparently forms the conclusion to the
by-laws proper of the association. What follows appears to be in
the nature of a national ordinance.

9. 1. ' we ' here seems to mean the king's council assembled at Wit-
lambyrig (cf. cap. 12, below), though their decrees have been incor-
porated among the by-laws of the London association.

2. Cf . cap. 1 § 4, above.

10. 1. Wulfhelm, Archbishop of Canterbury 925—940.

2. These names are met with among the ministri regis (barons)
who sign King .(3Ethelstan's charters ; and two grants of land to
^Ifeah Stybb are recorded in Birch, Cart. Sax. 648, 707. Odda is
the name which usually comes first in the list of the ministri.

3. ' this meeting ' refers to the one first mentioned above, viz.
Grately (II As.).

4. Cf. IV As. cap. 2 ; II As. cap. 24 § 1, 12, 13.

5. Cf. IV As. cap. 2 ; II As. cap. 24 § 1.

11. 1. Cf. Ine, Preamble, note 2.

2. Lit. ' my dominions,' with change to the first person.

3. See note to V As. cap. 3 § 1.

4. Lit. 'in accordance with what... stands in our documents.'

5. i.e. the possession of land which involves private jurisdiction
(Liebermann).

12. § 1 . 1 . Witlanhyrig has not been certainly identified. Price sug-
gested Whittlebury, Northants.

2. Wulfhelm of Canterbury.

3. Theodred was bishop of London from 926 (or earlier) to
951.

4. Cf. cap. 1 § 1, above, and the introductory note.

5. Lit. 'whether for [something] greater or [something]
smaller — whichever it may be.'

6. Cf. II As. cap. 1 § 3.
§2.1. Cf. cap. 1§4, above.

2. Cf. II Edw. cap. 6.
§ 3. 1. Cf. VI As. cap. 1 § 1, II As. cap. 1.

INDEX

A comma between the number of the chapter and the section mark indicates a
reference both to the chapter and the section.

Abbess. If a foreigner under her protection is slain, lue 23 § 2

Abbot

If a foreigner under his protection is slain, Ine 23 § 2

There shall be one moneyer for the abbot in Canterbury, n As. 14 § 2

Of the respite he may grant to a thief, iv As. 6 § 2

Accessory 'gewita'

A ten year old child may be accessory to a theft, Ine 7 § 2

If stolen property is attached in the hands of a trader, Ine 25 § 1

If a lord is accessory to a theft, ii As. B § 1

Of reeves and royal treasurers who have been accessories to thieves, ii As. 3 § 2

Of the punishment for being an accessory to theft, vi As. 1 § 1, § 2

Accomplice 'gestala'; Ine 25 § 1

Accusation, Charge 'tihtle,' ' sttel-tihtle' ; vb. '(be)teon,' ' (ge)tihtlian,' ' on-
sprecan,' ' gescyldigian'
Of an accusation of man-stealing, H. & S. 5
If one man brings a charge against another, H. & E. 8, 9, 10
If one man charges another after he has provided a surety, H. & E. 10
If an esne is accused, Wiht. 22, 23, 24

If a man is accused of belonging to a band of marauders, Ine 14
If a man is accused of taking part in a raid, Ine 15

If a commoner who has often been accused is proved guilty, Ine 18, 37 ; ii As. 7
If anyone accuses a commoner of harbouring a fugitive, Ine 30
Of those accused of burgbryce, Ine 45

When a man is charged with stealing cattle, Ine 46, § 1, § 2
If a penal slave is accused of having committed theft, Ine 48
He who is accused of making an illicit compact, Ine 52
If anyone is accused of homicide, Ine 54 >

If anyone is accused and driven to the ordeal, Ine 62
If a man is accused on a charge involving payment of wergeld, Ine 71
If a woman is accused of fornication, Alf. 11 § 4
If anyone is accused of causing the death of a ward, Alf. 17
If anyone makes an accusation at a public meeting, Alf. 22
Of an accusation against a band of marauders, Alf. 28 § 1
Of the oath of accusation for violation of godborg, Alf. 33
If a man is accused of transfixing another intentionally, Alf. 36 § 1, § 2
If a king's thegn is accused of homicide, A. & G. 3
Of the production of an oath to satisfy an accuser, i Edw. 1 § 2
Of those who have found a lord for one accused of theft, ii Edw. 3
If an accusation of theft results in loss of freedom, ii Edw. 6
Of one accused of plotting against his lord, n As. 4
Of one accused of breaking into a church, ii As. 5
Of one accused of witchcraft, n As. 6
Of an accusation of theft against a dead man, ii As. 11
If a moneyer is accused of issuing base coins, ii As. 14 § 1
Of dismissing men who have been accused, ii As. 22 § 2
Every man shall precede his accusation with aforeaS', n As. 23 § 2
A lord shall stand surety for his men when they are charged, iii As. 7
If a charge of theft is substantiated or proved in the ordeal, iv As. 6
If a reeve is accused of neglecting his duties, tv As. 7 ; T As. 1 § 2
Of a charge in respect of lost cattle, v As. 2
Of payment of compensation to an accuser, without the fine, v As. 8 § 1

Adrifan 'to drive out, to drive away,' Ine 40, 68; Alf. 16; vi As. 8 § 4

218 INDEX

Adultery, Fornioation, Bape, etc. ' tomed,' 'unriht-hsmed,' 'niedhxmed,' 'hor-
cwene' ; yb. ' {ge)hmman' 'gelicgan,' 'forlicgan'

If anyone lies with a maiden or slave belonging to the king, Abt. 10, 11

If a man lies with a nobleman's serving maid, Abt. 14

If a man lies with a commoner's serving maid, Abt. 16

If one freeman lies with another's wife, Abt. 31

If a man lies with the woman of a servant, Abt. 85

Of men living in illicit unions, Wiht. 3, 4, 5

If a priest consents to an illicit union, Wiht. 6

Of adultery with wives of nobles and commoners, Alf. 10

Of outrages against young women, Alf. 11 — § 5, 18 — § B

If anyone rapes a slave, Alf. 25

If one slave rapes another, Alf. 25 § 1

If anyone rapes a girl not of age, Alf. 29

A man may fight one lying with his wife, sister, etc., Alf. 42 § 7

If a man in orders commits adultery, E. & G. 3

In cases of incest the king shall take the male offender, B. & G. 4

If two brothers lie with one woman, E. & G. 4 § 1

Prostitutes shall be driven from the land, B. & G. 11
Adversary 'gefa' ; Ine 74 § 1; Alf. 5 § 3, 42, § 1, § 4
JEfesn ' pannage' ; Ine 49 § 3
Mhlip 'assault'; ii As. 6 § 3; vi As. 1 § 5
Aeht 'goods,' 'possessions,' 'property'; Abt. 9; Wiht. 4, 12; Alf. 1 § 2;

A. & G. 5 ; II Edw. 3 § 1, § 2 ; n As. 9
^rn; Ine 57; Alf. 51. See House
Aew 'law' ; H. & E. Pr.; Ine Pr. See also Dom, Law

Agan 'to own,' 'possess,' 'have'; Abt. 9, 78, 81; H. & E. 10, 13; Ine 17, 23,
28, 42, 48, 53, 74 § 1; Alf. 2, 4, 7 § 1, 20; B. & G. 4; ii Edw. 5 § 1; nAs.
3§1, 20§1; vAs. Pr. §3
Agend, Agendfrio 'owner'; Abt. 82; H. & E. 1, 3, 4, 7, 11, 12, 13, 14, 16 § 3;

Wiht. 27 ; Ine 42 § 1, 49 § 1, 53
Agiefan 'to give, deliver, yield, relinquish'; Abt. 77 § 1; H. & E. 1, 3, 16 § 2j
Ine 4, 6 § 4, 9, 10, 31, 36, 38, 53, 59 § 1, 60, 61; Alf. 8 § 3, 19 § 3, 21, 33 j
I As. 2, 4; II As. 22 § 1; vi As. 1 § 4
Ale 'ealu'; Ine 70 § 1
Aliesan 'to redeem, release, absolve'; Wiht. 14, 26, 28; Ine 12, 15, 20, 24 § 1;

Alf. 6 § 1
Altar 'wiofod'

Of swearing on the altar when property is attached, H. & E. 16 § 2

If anyone grants his men freedom on the altar, Wiht. 8

A priest or clerk etc. shall clear himself at the altar, Wiht. 18 — 21
Amber, Ine 70 § 1 ; As. Ord. 1
Ambiht-smith. If he is slain, Abt. 7
Andaga 'appointed day'

Of fixing days for deciding suits etc., : Edw. Pr. ; ii Edw. 8; ii As. 2 § 1, 11

Of the legally appointed day for paying tithes, i As. 1

If a priest does not fetch the chrism on the appointed day, E. & G. 3 § 2
Angylde ' single value of property '

If you have a surety the cmgyld shall be claimed from him, Ine 22

If one steals from a church he shall pay angyld and fine, Alf. 6

Fines for theft when the angyld is more or less than 30 shillings, Alf. 9 § 1, § 2

Of the angyld of weapons, Alf. 19 § 3

Of the angyld when a charge is withdrawn, Alf. 22

Of the ceapgild when the full angyld is obtained, vi As. 6 § 4

Of the payment of the angyld of lost cattle, vi As. 8 § 4
Arbitrate. Arbitration 'seman'; for injury, Abt. 65; settlement of a suit by,

H. & B. 10
Archbishop

If anyone violates his mundbyrd or horg, Alf. 3

If anyone fights in his presence, Alf. 15

INDEX 219

Archbishop, coiitinued

If anyone breaks into his premises, Alf. 40

In Canterbury there shall be two moneyers for the archbishop, n As. 14 § 2

Of fasting, at the ordeal, according to his commands, ii As. 23 § 2

Of the respite granted by an archbishop to a thief, it As. 6 § 1
Arm. Of injuries to the arm, Abt. 53, § 1 ; Alf. 54, 55, 66
Army 'fierd'

Of nobles and commoners who neglect military service, Ine 51

Of }>urgbTyee and tdorbryce when the army is in the field, Alf. 40 § 1
Associates 'gegildan'; of a slain man, Ine IG, 21; Alf. 31; ti As. 1 § 1 : of a

homicide, Alf. 30 § 1 ; cf. Wiht. 19, 21
Association 'friSgegyldan' . The by-laws of the association of London, vi As.
Asylum. &ee Fierst, FriS
Attachment ^ xtfan,' 'befon,' ' gefon'

If the owner attaches stolen property, H. & E. 7

If property bought in London is attached in Kent, H. & E. 16 § 1, § 2, § 3

If stolen property is attached, Ine 25 § 1, 47, 75

If a stolen slave is attached, Ine 53

If a stolen beast is seized in a house, Ine 57

Of the two courses to be adopted when cattle is attached, i Edw. 1 § 5

He who attaches livestock shall have witnesses nominated to him, ii As. 9

Bacon 'spic '

Of the bacon when pannage is paid in pigs, Ine 49 § 3

A shank of bacon to be given to a poor Englishman, As. Ord. 1
Bail. See Borg

Bana 'murderer'; Abt. 23 ; H. & B. 1-4. See Slaying
Baptism 'fulluht'

If a priest neglects the baptism of a sick man etc., Wiht. 6 ; E. 4 G. 3 § 2

Of the baptism of children, Ine 2, § 1

^thelberht the first king to be baptised, Alf. Introd.
Barley. See Gafol

Beard. If anyone cuts off a commoner's beard, Alf. 35 § 5
Beast. See Cattle

Bees. The fine for stealing bees, Alf. 9 § 2
Befon. See Attaclment; Ine 25 § 1, 47, 53, 57, 75; ii As. 9
Belly. If one is wounded in, Abt. 61, § 1; Alf. 61, § 1
Biddan ' to ask,' ' entreat,' ' order,' ' command ' ; Ine 8, 9, 21, 53 § 1; Alf. 42 § 3 ;

II As. 3, 11 ; TI As. 8 § 8
Birele 'serving-maid'

Of lying with the birele of a noble or commoner, Abt. 14, 16
Bishop

Of stealing his property, Abt. 1

Of his commands against illicit unions, Wiht. 5

Of his decision in the case of a negligent priest, Wiht. 6

His word shall be incontrovertible, Wiht. 16

If his servant is accused, Wiht, 22

Of bearing false witness in his presence, Ine 13

Of breaking into his premises, Ine 45 ; Alf. 40, § 1

Of slaying his godson, Ine 76 § 3

Of his sentence when a man proTes false to his pledge, Alf. 1 § 2

Of violating his protection [borgbryce) or guardianship {mundbyrd), Alf. 3

Of the sanctuary of a church consecrated by a bishop, Alf. 5

Of taking a nun from a nunnery without his permission, Alf. 8

Of fighting in his presence, Alf. 15

The bishop shall unfrock a priest guilty of homicide, Alf. 21

The bishop shall be a witness to suits about land, Alf. 41

Of the amends to the church, determined by the bishops, E. & G. Fr. § 2

In cases of incest, the bishop shall take the woman, E. & G. 4

Of the bishop's decision when a man in orders commits a capital crime, E. &
G. 4§2

220 INDEX

Bishop, contimied

Of his permission to tend a mutilated criminal, E. & G. 10

The bishop shall act as kinsman of strangers and ecclesiastics, E. & G. 12

Bishops shall order the payment of tithes, i As. Pr., 1

Bishops shall superintend the distribution of charities, As. Ord. 1, 2

The bishop of Rochester shall have one moneyer, ii As. 14 § 2

The fine for insubordination shall be exacted from a reeve by the bishop,

II As. 25 § 1
Of the bishop, when a man swears a false oath, ii As. 26, § 1
Of the decrees of the bishops and other councillors in Kent, ni As. Pr.
If a fugitive seeks a bishop, iv As. 6 § 2

Of a slain thief who was a tenant on land belonging to a bishop, vi
As. 1 § 1

Boc 'book'; Wiht. 5; i As 3: domboc ; i Edw. Pr.; n Edw. 5 § 2; ii As. 5

Bookland ' bocland '

Of bocland bequeathed conditionally by kinsmen, Alf. 41

Of him who withholds from another his rights in ' bookland,' i Edw. 2, § 1

Of a slain thief who was a tenant on 'bookland,' vi As. 1 § 1

boldgetal 'collection of houses; district,' Alf. 37

Bonds ' bend ' ; vb. gebindan
If a man lays bonds on a freeman, servant, Abt. 24, 88; Alf. 35, § 6
If a perjurer has to be bound, Alf. 1 § 4
If one who has right of asylum is put in fetters, Alf. 2 § 1

Bones. Injuries to, Abt. 34, 35; (chin) Abt. 50, Alf. 50; (collar) Abt. 52;
(thigh) Abt. 65, 67, § 1; Alf. 62, § 1; (rib) Abt. 66; Alf. 70, § 1; (shin)
Alf. 63, § 1; (shoulder) Alf. 73, 74

Border 'mearc'; H. & E. 15; Wiht. 8; iv As. 4; ni As. 4; vi As. 5, 8 § 4, § 5 :
gemsere ; Ine 10 : landg- ; A. & G. 1

Borg. See Surety

Borough 'burg'

The reeves in every borough shall render tithes, i As. Pr.

Of the repairing of boroughs, ii As. 13

There shall be a moneyer in every borough, ii As. 14 § 2

Of the chief men of the borough when anyone neglects the gemot, n As. 20 § 1, § 4

-Bot 'amends,' 'compensation.' See aXao Mmgbot, Manbot. Abt. 33, 72; Ine 76 f.;
Alf. 2 § 1, 11 § 3, § 4, § 5, 23 § 1, 26, 39 § 2, 52; E. & G. Pr., 2 ; n Edw.
1 § 1; II As. 26 § 1

Botl 'dwelling-place'; Ine 67, 68

Boundary 'landgemmre.' See also Border
The boundaries between the kingdoms of Alfred and Gnthrum, A. & 6. 1

Bribe 'medsceat'

Of receiving bribes to prevent the tracing of lost cattle, n Edw. 4
Of him who takes bribes from a thief, ii As. 17
Of a reeve who takes bribes, v As. 1 § 3

Bride, -groom; Ine 31. See Marriage

Bruise, 'dynt.' The compensation to be paid for inflicting a braise, Abt. 58,
59,60

Burgbryce. Of compensation for 6. to be paid to the king, archbishop, etc.,
Ine 45 ; Alf. 40, § 1

Bnrial. See Grave

Burning. Of the burning of a female slave, iv As. 6 § 7

Butts. Of filling the butts, vi As. 8 § 1

Byrigea. See Surety, Guardian

Castration. Alf. 25 § 1

Cattle ' asht,' 'ceap,' 'feoh,"ierfe' (q.v.) ; 'cu,' 'ceal/,' 'hrySer,' 'neat,' 'oxa,"orf'
Of payment of the wergeld in Uvestock (feoh), Abt. 30
Of Kentish men who hay feoh in London, H. & E. 16 — § 3
If a man is vouched to warranty for livestock {feoh), Ine 35 § 1
A cow and an ox shall be given to maintain an orphan, Ine 38

INDEX 221

Cattle, continued

Of a stray beast (ceap) on another man's premises, Ine 40

Of stray beasts {hryfer) which eat up the common grass and crops, Ine 42, § 1

Of stealing and harbouring stolen cattle (ceap), Ine 46

If one buys a beast (ceap) and finds any blemish in it, Ine 56

If a husband steals a beast {ceap) and takes it into his house, Ine o7

Of the values of horn, tail and eye, of a cow and an ox, Ine 58, 59

Of hiring a yoke of oxen,. Ine 60

Of the cattle (hriSer) to be paid in the food-rent from 10 hides, Ine 70 § 1

If anyone steals a cow and a calf, Alf. 16

Of the compensation to be paid in cattle {cwicteht, feoh), when a betrothed

woman commits fornication, AH. 18 § 1
If a beast {neat) injures a man, Alf. 24

Of trading in cattle {ierfe) between Englishmen and Danes, A. & G. 4, 5
Of vouching cattle (hrySer, orf) to warranty, i Edw. 1 § 3, § 4, § 5
Of the provisions for tracing stolen cattle (yrfe), ii Edw. 4 ; v As. 2
Of him who attaches livestock (yrfe), ii As. 9
Of the witnesses when cattle {yrfe) is exchanged, ii As, 10
If anyone buys cattle {yrfe) in the presence of a witness, n As. 24
The trail of lost cattle (yrfe) shall serve for the forap, v As. 2
An ox or thirty pence is the fine exacted by the association, vi As. 3, 8 § 5
Of the provisions made by the association for tracing cattle {yrfe), n As. 4,

5, 7, 8 § 4
An ox shall be valued at a mancus, a cow at twenty pence, vi As. 6 § 2
The trail of lost cattle {yrfe) must be pointed out within three days, vi As. 8 § 7
If a man wishes to apply for the value of stolen cattle {ceapgild), vi As. 8 § 8

Ceap 'cattle,' 'goods,' 'property' (q.v.); Abt. 77; H. & E. 16 § 2; Ine 37, 40, 42,
46,47,48,49§1,53§1, 56, 57, 60, 62, 74 § 1,75; E. &G. 7; lEdw. 1§4;
I As. Pr. ; n As. 12, 24 § 1

Ceapgild 'the value of goods'; n As. 3, 19, 21 ; vi As. 1 § 1, 1 § 4, 6 § 4, 8 § 8

Cearumnd; Abt. 63

Ceorl. See Commoner, Husband

Charge. See Accusation

Cheek. Of injuries to, Abt. 46, 47

Cheese ; Ine 70

Child 'beam,' 'did,' 'cniht'

Of provision for children, Abt. 78, 79, 80, 81

If a man dies leaving a wife and child, H. & E. 6 ; Ine 38

A child shall be baptized within 30 days, Ine 2

If anyone steals with and without the cognisance of wife and children, Ine 7, § 1

A ten year old child can be an accessory to theft, Ine 7 § 2

The maintenance of a foundling, Ine 26

The wergeld of an illegitimate child, Ine 27

A nobleman may take his children's nurse with him when he moves, Ine 63

If an abducted nun bears a child, Alf. 8 § 2, § 3

If anyone slays a woman with child, Alf. 9

If a child is bom deaf or dumb, Alf. 14

Of a child which dies in the keeping of its guardian, Alf. 17

If anyone rapes a girl who is not of age, Alf. 29

See also n As. 1 f., iv As. 3; vi As. 1 § 1, 12 § If.

Chrism. If a priest does not fetch it on the appointed day, E. & G. 3 § 2

Christ; Alf. 1 § 7, 43 ; E. & G. Pr. § 2, 12

Christianity
If anyone offends against the Christian religion, E. & G. 2
Of the adoption of Christianity by the Danes, E. & G. Pr. § 1, § 2

Christmas 'Gehhol,' 'midwinter'
Of payment of church dues at Christmas, Ine 61
He who steals during Christmas, Alf. 5 § 5
Freemen shall have twelve days' holiday at Christmas, Alf. 43
Of the gemot held at Exeter at Christmas, v As. Pr. § 1

222 INDEX

Church 'cirice,' ' ciricsceatt,' 'ciricfriS,' 'ciricgrid,' 'ciricbryce'

Compensation for theft of church property, Abt. 1

Breach of church frij>, Abt. 1

The church shall not be taxed, Wiht. 1

The mundbyrd of the church, Wiht. 2

Excommunication from, for adultery, Wiht. 3, 4 § 1

Of the church's prerogatives with regard to expurgation, Wiht. 21 § 1 f.

When church dues shall be paid, Ine 4, 61

The sanctuary of the church, Ine 5, § 1

A prisoner who escapes shall be excommunicated from all churches, Alf, 1 § 7

Compensation for violation of sanctuary of the church, Alf. 2, § 1

Of sanctuary granted to a church consecrated by a bishop, Alf. 5 — § 4

The ealdor of a church shall not feed a fugitive, Alf. 5 § 2

If anyone steals anything from a church, Alf. 6

Of the oaths of accusation to be made in churches, Alf. 33

If anyone publicly disregards the laws of the church, Alf. 40 § 2

If an adversary flees to a church, Alf. 42 § 2

Of legislation to secure amends due to the church, E. & O. Pr. § 2

Of sanctuary within the walls of a church, E. & G. 1

Of ecclesiastical dues, E. & G. 5 § 1, 6— § 7 ; i As. 4

Of breaking into a church, ii As. S
Clerk

Of compensation for stealing a clerk's property, Abt 1

How a clerk shall clear himself, Wiht. 19
Cliff. A free woman who is a thief shall be thrown from a cliff, it As. 6 § 4
Clothes. Clothing 'hrxgl,' 'scrud,' 'wmd'

Of bruises inflicted under and outside the clothes, Abt. 69, 60

If a nun is lustfully seized by her clothes, Alf. 18

Of the clothing to be given to a poor Englishman, As. Ord. 1

Of a priest standing in his holy garments before the altar, Wiht. 18
Coat of Mail 'byme'; Ine 54 § 1. See Weapons
Commoner 'ceorV See also Freeman, Twyhynde

A commoner's mundbyrd, Abt. 15

Fines for lying with his slaves, Abt. 16

If his premises are forcibly entered, Abt. 17

If a dependant {hlafsetan) of a commoner is slain, Abt. 23

If a commoner enters into illicit union, Wiht. 6 § 1

How a commoner may clear himself at the altar, Wiht. 21

If a commoner is caught after having been often accused, Ine 18, 37

If a commoner is accused of harbouring a fugitive, Ine 30

If a commoner is slain on a foray, Ine 34, § 1

Of a commoner proved guilty in the ordeal or caught in the act, Ine 37

A commoner's premises shall be fenced winter and summer, Ine 40

Of commoners who have partible land to fence, Ine 42

If a commoner neglects military service, Ine 51

If anyone is accused of homicide and wishes to deny the deed, Ine 34

Of a commoner who hires another's yoke of oxen, Ine 60

Of commoners who plot against their lord, Alf. 4 § 2 <

Of adultery with a commoner's wife, Alf. 10

Of outrage against a woman of the commons, Alf. 11 — § 4

If a commoner's slave is raped, Alf. 25

If a commoner is killed by a band, Alf. 26, 28 § 1

Of various forms of outrage against an unoffending commoner, Alf. 35 — § 6

If anyone fights in his house, Alf. 39, § 1

The fine for breaking through a commoner's fence, Alf. 40, § 1

Of commoners who occupy tributary land, A. & G. 2

Of a commoner belonging to too powerful a kindred to be punished, m As. 6 ;
IV As. 3
Communicant ' huslgenga '

Of the oath of one who is a communicant, Wiht. 23; Ina 15 § 1, 19

INDBX 223

Gommanicant, continued

He who is going to the oideal shall attend communion, ii As. 23

Compact, Compoanding. See Gefdng

Confession, Confessor 'scriftsprmc,' 'scrift'; vb. ' geandettan'
Of one who confesses an act previously denied, Ine 71
A. man's confessor shall prescribe the compensation to be paid for wedbryce,

Alf. I § 8
Of one who confesses committing a secret offence, Alf. 5 § 4
Of a deaf mute who cannot confess his wrongdoings, Alf. 14
Of one of a hlof who slays an unoffending man, Alf. 26
If a man condemned to death desires confession, E. & G. 5
Of confession for perjurers, ii As. 26, § 1

Councillors 'witan'; Ine Pr., 6 § 2; Alf. Introd., 77; A. 4 Or. Ft.; E. & Q.
Pr., 4, 5 § 1; n Edw. 1; ni As. Pr., 1; iv As. Pr.; t As. Pr.; vi As. 10, 11

Country. See Land

Cow, Calf. See Cattle

Crime, Criminals 'faen,' 'fill,' 'laj>,' 'tiht'

Of crime committed against one under the king's protection, Alf. 3

Of one accused of criminal intention against a child, etc., Alf. 17

If a crime is committed with borrowed weapons, Alf. 19 § 2

Of a man in orders who commits a capital crime, E. & G. 4 § 2

Of tending a mutilated criminal, E. & G. 10

Of shielding crime and harbouring criminals, n Edw. 4 ; it As. 3, 6 § 3 ;

VI As. 1 § 2
Of the crime of coining false money, ii As. 14 § 1
Of the favour granted to criminals, ni As. 3
A lord shall stand surety for a man charged with crime, in As. 7
A man free from crime may seek any lord he wishes, v As. 1 § 1
Of the wife's share of the goods of a slain criminal, vi As. 1 § 1
Of relatives who shall stand surety for a kinsman against crime, vi As. 1 § 4,

12 §2
Of a thief who shall swear to desist from crime, vi As. 12 § 2

Crops 'mcer'; Ine 42, § 1, 67

Cultivation. See Land

Custom. See Eiht

Deed; Alf. 36 § 1; E. & G. 2, 4 § 1, 12; vi As. 7: misdeed; Alf. 14, 23, § 1, 24:

morSdmd ; n As. 6
Dml 'share,' 'part'; Ine 23, 29, 42, 57; Alf. 8 § 3, 19 § 1, 47 § 1, 71; i As. 3;

VI As. 1 § 1
Sane

If a Dane is slain, A. & G. 2

Slaves and freemen shall not pass over to the Danish host without permission,

A. & G. 5
Of the peace and friendship between the English and Danes, E. & G. Pr. f.
Of the fines to be paid in a Danish district, E. & G. 3 § 1, 6 f.
If a slave in the Danelagh works during a festival, E & G. 7 § 2
Day 'dmg: See also Night; Abt. Pr. ; Wiht. Pr. ; Ine 3 § 2, 72; Alf. 43;
A. & G. 5 ; E. (fc G. 7; I As. 1 ; n As. 23; iv As. 6 § 1, § 2; iv As. Frag.
6§1, §2, §4; viAs. 8§6-§8
Deacon

If his property is stolen, Abt. 1
How a deacon shall clear himself, Wiht. 18
Dead

Of an oath on behalf of a dead man, Ine 21, § 1

Of a vendetta on behalf of a dead man, Ine 35

Of vouching the dead to warranty, Ine 53, § 1

How payment may be made for a dead man, Ine 54 § 1

Of charging a dead man with guilt, ii As. 11

Of singing for the souls of the dead, vi As. 8 § 6 ; i As. 4

224 INDEX

Death penalty 'deadTscj/Wij,' ' feorh scyldig ,' 'deaS' ; vb. 'sweltan,' 'ilean,' 'hon,'
'forwyrcan'
Of the king's right to have a thief put to death, Wiht. 26, 27
If one liable to the death penalty flees to a church, Ine 5
He who fights in the king's house shall be liable to the death penalty, Ine 6
If a thief is taken in the act he shall die the death, Ine 12 ; ii As. 1, 20 § 3, § 6 ;

IV As. 6
Of a stranger who travels oS the highway, Ine 20
Of a penal slave who absconds, Ine 24

Of him who plots against the king or his lord, Alf. 4, § 2 ; n As. 4
Of him who draws his weapon in the king's hall, Alf. 7
Of a man in orders who is liable to the death penalty, E. & G. 4 § 2
If a man condemned to death desires confession, E. & 6. 5
If one collecting church dues is struck dead, E. & G. 6 § 6, § 7
The death penalty shall not be inflicted on Sunday, E. & G. 9 § 1
Of those who practise witchcraft and sorcery, ii As. 6
Of putting to death incendiaries and those who avenge a thief, ii As. 6
Of those who attempt to rescue a thief convicted in the ordeal, vi As. 1 § 4
Of him who avenges a thief, vi As. 1 § 5 ; cf. ii As. 6
Declaration. See Exculpation
Decree. See Dom

Denial (vb.) 'onsacan,' 'odsacan,' 'onsecgan,' 'mtsacan,' ' oSswerian ' ; (sb.)
' andsmc '
Of denial of culpability when a thief is allowed to escape, Ine 28 § 2
Of a man who is vouched to warranty, Ine 35 § 1
Of permission to deny (repudiate) bail, Ine 41
Of denying an accusation of burgbryce, Ine 45
Of denying a charge brought by an Englishman or a Welshman, Ine 46

§1,§2
Of denying an accusation of homicide, Ine 54
Of confessing an act previously denied, Ine 71
/Of a deaf mute who cannot deny his wrongdoing, Alf. 14
If a band of marauders wishes to deny a charge of homicide, Alf. 28 § 1
Of denying a charge of plotting against a lord, ii As. 4
Of denying a charge of practising witchcraft etc., n As. 6 § 1
Of a thief who makes a statement of denial, iv As. 6
Of a thief who cannot deny a charge of theft, vi As. 1 § 1
Devil. If commoners or slaves make offerings to devils, Wiht. 12, 13
Disfigurement, Fines for ; Abt. 44, 56; Alf. 66 § 1
Dog ' hufid '

If a dog tears or bites a man, Alf. 23, § 1, § 2
Dom 'decree,' 'command,' 'choice,' 'judgment.' See also Law, Riht, Aew.
Abt. Pr.; H.& E. Pr.; Wiht. Pr., 5, 6; InePr.,l§l; Alf. 7; E. & G. Pr.,
4 § 2; I Edw. Pr.; ii Edw. 8 § 2; ii As. Pr.
Domboc 'a book of decrees, or laws'; i Edw. Pr.; ii Edw. 5, S 2: ii As. 5
Doors; Alf. 6 § 1, 42 § 7
Drinking

If the king drincm)> at anyone's house, Abt. 3

If one man takes away another's stoup, or draws his weapons, H. & E. 12, 13
If a priest is too drunk to discharge his duty, Wiht. 6
If two men quarrel over their cups, Ine 6 § 5
Of the filling of the butts, vi As. 8 § 1
Drowning. A free woman who is a thief shaU be drowned, iv As. 6 « 4
Dumb or deaf; Alf. 14

Ealdorman

Of Ine and his ealdormen, Ine Pr.

If anyone fights in his house, Ine 6 § 2

If he lets a thief escape, Ine 36 § 1

If his premises are broken into, Ine 45; Alf. 40

INDEX 225

Ealdorman, contimted

If a nobleman oomes to terms with a king's ealdorman for his dependants, Ine 50

Of violating an ealdorman's borg and mundbyrd, Alf. 3

Of fighting in his presence, Alf. 15, 38, § 1

A man can only move from one district to another with the cognisance of the
ealdorman, Alf. 37 f.

The earldorman shall provide help to besiege a man's adversary, Alf. 42 § 3

The earldormen shall pay tithes of their property, i As. Pr.

Of the respite granted to a thief by an ealdorman, iv As. 6 § 2
Ear. Fines for injuries to, Abt. 39-42 ; Alf. 46
Eard. See Land
Easter

Of the value of an ewe until a fortnight after Easter, Ine 55

He who steals during Easter, Alf. 5 § 6

Of the holidays granted to freemen at Easter, Alf. 43
Ecclesiastics. See also Bishop, Priest, etc.

If a tonsured man wanders about looking for hospitality, Wiht. 7

How the head (aldor) of a monastery shall clear himself, Wiht. 17

If the eane of an ecclesiastic {cirie-mann) accuses, or is accused, Wiht. 24

Of Ine's taking counsel with the servants of God {Godes ffeowas), Ine Pr.

The servants of God (Godes ffeowas) shall observe their proper 'rule,' Ine 1

The chief authority {ealdor) of a church shall give a fugitive no food, Alf. 5 § 2

If a man in orders (gehadod man) steals or fights, etc., E. (& G. 3, 4 § 2

If anyone attempts to rob or kill a man in orders, E. & G. 12

Of those who are or are not wilUng to attend to their churches, i As. 4

The servants of God {Godes peowan) shall sing psalms for the king, v As. 3 ;
cf. Wiht. 1 § 1
-Eifor 'fence.' See also Fence. Abt. 27, 29 ; Alf. 40
Eel; Ine 70 §1
Elbow; Alf. 54, 66
EU; nAs. 23 §1
Ember-days. The four Wednesdays in the four Ember weeks shall be holidays

for slaves, Alf. 43
Englishmen. Of an English penal slave who absconds, Ine 24

If an Englishman brings an accusation of stealing cattle, Ine 46 § 1

Of scourging an English penal slave, Ine 54 § 2

If a Welsh slave slays an Englishman, Ine 74

If an Englishman or a Dane is slain, A. & G. 2

A destitute Englishman shall be provided with food. As. Ord. Pr.
Entertain. See Harbouring
Eorl. See also Nobleman, Syxhynde, Twelfhynde

The earl of the province shall act as kinsman to strangers, etc., E. & G. 12
Escape 'gewitan,' 'oSberstan,' 'losian,' ' alaitan,' ' oj/windan,' 'offseacan,' etc.

If a homicide departs (escapes) from the country, Abt. 23; H. & E. 2, 4

If a thief escapes, Ine 22, 28 § 1, 36, 72, 73

If anyone lends a servant a sword, etc. , and he escapes, Ine 29

If anyone steals into another district, Ine 39

If a prisoner escapes, Alf. 1 § 6, § 7, 7 § 1

Of those who resist being taken into custody and escape, n As. 20 § 6, § 8

If a slave escapes, vi As. 6 § 3

Of a thief who tries to escape, vi As. 12 § 1, § 3
Esne

If a man lies with the woman of an esne, Abt. 85

If one esne slays another, Abt. 86

If the eye and foot of an esne are destroyed, Abt. 87

If bonds are laid on another's esne, Abt. 88

If an esne slays a nobleman or freeman, H. <& E. 1, 3

If he escapes, H. & E. 2, 4

If an esne does servile work on Sunday, Wiht. 9

If an esne makes a journey on horseback on Sunday, Wiht. 10

A. 15

226 INDEX

Etne, continued

If the csne of the king or bishop is accused, Wiht. 22
If the etne of a company is accused, Wiht, 23
If a layman's esne accuse the esne of an ecclesiastic, Wiht. 24
If anyone provides another's esne with a sword, spear, or horse, Ine 29
The holidays granted to esne wyrhtan, Alf. 43
Ewe. Ine S5
Excommunication

For living in illicit union, Wiht. 3, 4 § 1
If a perjurer escapes from prison, Alf. 1 § 7
Exculpation. See also Denial, Oath, LaSleas

Of him who allows a homicide to escape, H. & E. 2, 4
Of him who is charged with stealing a man, H <& E. 9
Of him in whose possession property is attached, H. & E. 16 § 3
How the head of a monastery shall clear himself, Wiht. 17
Of the Church's prerogatives vrith regard to expurgation, Wiht. 21 § 1
How the servant of a bishop or the king shall clear himself, Wiht. 22
{ge)cliBnsian
How a priest, or clerk, or stranger, or commoner shall clear himself , Wiht. 18,

19, 20, 21
Of those the reeve shall exculpate or deliver up to be scourged, Wiht. 22
Of those a lord may clear by his own oath, Wiht. 23, 24
' gecypan '

Of declarations when property is attached, H. & E. 16 § 2, § 3

Of the declaration on oath of him who kills a thief, Ine 16, 21, 35

Of the declaration on oath of him who finds stolen meat, Ine 17

Of a trader's declaration when stolen property is attached in his hands, Ine 25

§1

Of a declaration on oath with regard to intruding swine, Ine 49 § 1

Of a wife's declaration on oath with regard to stolen meat, Ine 57

Of a declaration of him who attaches stolen property, Ine 75

Of the declaration demanded of an evil man who brings a counter-charge,

I Edw. 1 § 5
(ge)ladian
How a commoner harbouring a fugitive shall clear himself, Ine 30
How one accused of making an illicit compact shall clear himself, Ine 52 (H)
How a young woman shall clear herself, Alf. 11 § 4
How a king's thegn, etc., shall clear himself, A. & G. 3
How one who spares a thief shall clear himself, ii As. 1 § 1
How one who harbours an outlaw, etc., shall clear himself,, n As. 2 § 2;

20 §8; IV As. 6§3
How a moneyer shall clear himself, ii As. 14 § 1
• geswican '
How he who is accused of belonging to a hloJ> or here shall clear himself, Ine

14, 15, § 1
Of a thief who shall not have the right of clearing himself, Ine 15 § 2
How one accused of making an illicit compact shall clear himself, Ine 52
ffesii)icon'todesist,"ceasefrom'; Alf. 22; E.&G.ll; iEdw.2§l; n As

1 § 3, 6 § 1, 20 § 4; V As. Pr. § 1; vi As. 1 § 4, 12 § 2
(ge)treowian, (ge)treowsian
Of one who has been on a foray, Ine 34
How he who plots against the king or his lord must clear himself, Alf.

4, § 1, § 2
Of him who is charged with causing the death of a dependant, Alf. 17
Of him who lends weapons with which murder is committed, Alf. 19 § 2
Of him who must clear himself in 12 churches, Alf. 33
Of the owner of a spear when a man is transfixed on it, Alf. 36 § 1
Of one who, having been found a lord, commits theft, ii Edw. 3
' ungereccan '
Of a reeve who is accused and cannot clear himself, v As. 1 § 2

INDEX 227

Exculpation, continued
'unsyngian'
Uow a dead man's relatives may exculpate him, Ine 21 § 1
Eye. Fines for injury to, Abt. 43, 44, 87 (of an esne); Alt. 47, § 1, 52, 71;
Ine 59 (of a oow and ox)
If a man is transfixed before the eyes of him who carries the spear, Alf.
36 §1

Fast. See also Lent

If a man gives meat to his household during a fast, Wiht. 14

If a slave eats of his own free will during a fast, Wiht. 15

If a mass-priest misdirects the people with regard to a fast, E. & G. 3 § 1

If a freeman breaks a legally ordained fast, E. & O. 8

Trials by ordeal and rendering oaths are forbidden during a fast, E. & G. 9

He who goes to the ordeal must fast, ii As. 23
Father. See also Kinsmen. H. & E. 6; Ine Pr.; Alf. 9, 14, 42 § 7; n As. 11
Fedesl. Abt. 12
Fence, Hedge 'hege'; vb. 'betynan.' See also Edar

A commoner's premises shall be fenced, Ine 40

If ceorlas have a meadow to fence, Ine 42

If a beast breaks hedges, Ine 42 § 1

Feoh 'cattle,' 'property,' 'money' {q.v.). Abt. 1, 28, 30, 31, 81; H. & E. 6, 7,

10, 16; Ine 28 § 2, 31, 35 § 1, 53; Alf. 18 § 1 (feohgod), 20; E. & G. 12;

As. Ord. 2 ; V As. 1 § 5 ; vi As. 2, 3, 7 ; meldfeok, Ine 17 ; Romefeoh,

E. & G. 6 § 1 ; piefefioh, Ine 25 § 1

Fem-h 'life.' Ine5, 74; Alf. 4 § 2; E. & G. 6 § 5, 12; n As. 4, 6, 20 § 8; iv

As. 6 § 2
Festival ^f reals dseg'

Of the festivals granted as holidays to freemen, Alf. 43

If a mass-priest misdirects the people with regard to festivals, E. & G. 3 § 1

If a freeman or slave works during a festival, E. & G. 7 § 1, § 2

Trials by ordeal are forbidden during festivals, E. & G. 9

Capital offenders shall not be put to death on Sunday, E. & G. 9 § 1
Fetters. See Bonds
Fierd. See Army
Fierst. See also FriS"

1. 'a space of time,' Alf. 1 § 6, 2 § 1, 5 § 2

2. 'a period of asylum, respite,' Alf. 2 § 1, iv As. 6 § 1, § 2 ; iv As. Frag. 6
§l-§4

Fighting

If anyone fights in the king's house, or that of ealdorman, etc., Ine 6, § l-§ 5

Of a fugitive who leaves a church to fight his pursuers, Alf. 3

If anyone fights or draws his weapons in the king's hall, Alf. 7

If anyone fights in the presence of an archbishop, bishop, or ealdorman, etc.,

Alf. 15, 38, § 1, § 2
If a man without paternal or (and) maternal relatives fights, Alf. 30, § 1
If a man fights in the house of commoner, etc., Alf. 39, § 1, § 2
A man shall not fight (use violence) against his adversary, Alf. 42, § 1,

§3, §4
A man may fight for his lord, a lord for his man, Alf. 42 § 5
A man may fight for his kinsmen, Alf. 42 § 6
A man may fight one lying with his wife, etc., Alf. 42 § 7
If a man in orders fights, E. & G. 3

Of him who fights and wounds one collecting church dues, E. & G. 6 § 5
Of him who fights for a thief, vi As. 1 § 3 f.
Finger
Compensation for injuries to, Abt. 54 f. (71) ; Alf. 57-60
Of the pannage to be paid when the bacon is the thickness of three fingers, etc.,

Ine 49 § 3
Of carrying a spear on the shoulder, Alf. 36 § 2

15—2

228 INDEX

Flesh, Meat 'flmec '

If a man gives ^ase to his household during a fast, Wiht. 14

If a slave eaX&flmc of his own free will, Wiht. 15

Of him who finds ^sc which has been stolen and hidden, Ine 17

Of the hide aniflmc, when a stray beast is killed, Ine 42 § 1
Flett.. See House
Foal. See Horse
Fodder

If the hire of a yoke of oxen is paid in fodder, Ine 60

Of the fodder to be paid as food rent from ten hides, lue 70 § 1
Folc ipopulus) 'people,' 'nation '; Wiht. Pr.j Ine Pr., 1 § 1, (vppe on foUt) 25;
Alf. 40 § 2 ; B. & G. 3 § 1 ; ni As. 2 ; vi As. 4. Folcfry, Wiht. 8. Folcgemot,
Alf. 22, 34, 38 § 1 ; ii As. 2, 12. Folcland, i Edw. 2 § 1. Folcleamng, Alf. 32.
Folcesmaim, Wiht. 24. Folcriht, i Edw. Pr.;'ii Edw. 8; n As. 2, 8, 9, 23
FolgoS 'diocese'; ii As. 25 § 1; 'sphere of jurisdiction of a reeve,' viAs. 11
Food 'mete.' See Meat

Of supplying a stranger with food, H. & E. 15

Of supplying a prisoner with food, Alf. 1 § 2, § 3

Of supplying a prisoner in sanctuary with food, Alf. 5 § 2

Beeves shall always provide a destitute Englishman with food, As. Ord. Pr.
Food rent 'feorm,' 'foster' {q.v.); Ine 70 § 1; Alf. 2; As. Ord. 1
Foot

Compensation to be paid for, Abt. 69, 87 (of a servant) ; Alf. 71

A thief caught in the act shall have his hand or foot cut ofi, Ine 18, 37
For 'foray ' ; Ine 34 ; ' journey," Ine 25 ; Alf. 19 § 2 (H), 34
FureaS, Alf. 33; ii As. 23§ 2; v As. 2. See Oath
Foreigner ' ailJ>eodig mann. ' See also Stranger

If foreigners will not regularise their unions, Wiht. 4

Of a foreigner's wergeld, Ine 23 f.
Forfeit. See Scyldig, GeJ>olian, Forwyrcan
Fornication. See Adultery
Fortress. See Borough

Forty (days) ; Abt. 22; Alf. 1 § 2, § 6; ii As. 1 § 3; (shillings) Alf. 10
Forwyrcan; Ine 5 § 1 ; Alf. 42 § 4 ; E. & G. 4 § 2, 9 § 1, 10; n Edw. 6 ; vi As. 1 § 4
Foster 'food,' 'maintenance' (of a child) Ine 26; (of mother) Ine 38; (from

10 hides) Ine 70 § 1 ; cild-festran, Ine 63
Foundling. Ine 26. See Child

Four (teeth) Abt. 51 ; (clerks) Wiht. 19 ; (commoners) Wiht. 21 ; (churches)
Alf. 33 ; (Ember weeks) Alf. 43 ; (maucuses) A. & G. 3 ; (weeks) ii Edw. 8
Freedom. See also Freeman

If anyone grants his men freedom on the altar, Wiht. 8

A slave compelled to work on Sunday shaU become free, Ine 3

Of forfeiting freedom, Ine 3 § 2; E. & G. 7 § 1

Beeves shall make one penal slave free annually. As. Ord. 2
Freeman (frigman). See also Commoner, Twyhynde

If a freeman robs the king, Abt. 4

If a freeman is slain, Abt. 5, 6

If one freeman robs another, Abt. 9

If he is slain on an eorl's premises, Abt. 13

If a man lays bonds on a freeman, Abt, 24

Of breaking the fence round a freeman's enclosure, Abt. 27, 28, 29

If one freeman lies with another's wife, Abt. 31

Compensations to be paid to a freeman for various injuries, Abt. 34-72

If an esne slays a freeman whose wergeld is 100 shillings, H. & E. 3

If a freeman steals a man, H. & E. 5

If a freeman dies leaving a wife and child, H. & E. 6

If a freeman works on Sunday, Wiht. 11

If a freeman is caught in the act of stealing, Wiht. 26

If a freeman works on Sunday, Ine 3 § 2

A freeman need not associate himself with a servile relative, Ine 74 § 2

INDEX 229

Freeman, continued

Of freemen's holidays, Alf. 43

Of freemen trafficking between Englishmen and Danes, A. & G. 5

If a freeman works during a festival, E. & G. 7 § 1

If a freeman breaks a fast, E. & G. 8 '

Of a freeman vouched to warranty, ii As. 24

A freeman shall not be prevented from seeking a new lord, in As. 4 § 1 ;
rv As. 5
Friday. Psalms shall be sung for the king every Friday, v As. 3
Friends

Of settlement by friends for damages, Abt. 65 § 1

If a perjurer hands over his weapons etc. to his friends, Alf. 1 § 2

If an adversary submits and hands over his weapons, Alf. 42 § 1, § 4

Of incurring the hostility of the king and his friends, ii Aa. 20 § 7 ; ii Edw.
5§1

Friends may stand surety for a thief, n Edw. 3
Friendship. E. & G. Pr.; n Edw. 5 § 1; i As. Pr. ; ii As. 25 § 2; vi As. 7
Friff. See also Fierst, Grid, Church

(i) ' Peace,' public security, a state in which law and order are maintained,
II Edw. 1; V As. Pr.; vi As. 8 § 4, § 7, § 9, 10, 12 § 4; in As. 2, 5

(ii) Peace (between the English and the Danes), A. & G. Pr., 5; E. & G. Pr. ;
[ friS gewritu) n Edw. 5 § 2

(iii) Sanctuary, protection. {ciricfriS) Abt. 1; Alf. 2 § 1, 5 § 4; cf. Ine 5;
Alf. 42 § 2. (mxthlfrif)) Abt. 1. See also iv As. 6
Frisian ; n Edw. 4 ; n As. 20 § 3
Frumstol; Ine 38. See also House
Fugitive 'fliema.' See also Sanctuary, Respite, Outlaw

If a commoner is accused of harbouring a fugitive, Ine 30 ; ii Edw. 5 § 2 ;
II As. 20 § 8

Of a fugitive who takes sanctuary in a monastery, Alf. 2, § 1

Of a fugitive's right of sanctuary, Alf. 5-§ 4; Ine 5, § 1; Alf. 42 § 2

If one under sentence of death escapes, Alf. 7 § 1

Of a thief who takes to flight, iv As. 6 § 3

Gafol ' tax,' 'rent,' ' tribute '
The church shall enjoy immunity from taxation, Wiht. 1
Of the payment of 'barley-rent' {beregafol), Ine 59 § 1
If a man takes a yard of land at a fixed rent (rmdegafol), Ine 67
Of the blanket paid as rent (gafolhvdtel), Ine 44 § 1
If anyone fights in the house of a taxpayer (gafolgelda), Ine 6 § 3
Of the wergeld of a Welsh taxpayer (gafolgelda), Ine 23 § 3
Of commoners who occupy tributary laud (gafolland), A. & G. 2

Gebur. If anyone fights in his house, Ine 6 § 3

GebuTscipe ' locaUty.' Of witnesses nominated from the same locality, i Edw.
1§4

GecySan. See Exculpation

Geladian. See Exculpation

Gemot; Wiht. 5; Alf. 22, 34, 38, § 1; n Edw. 8; n As. 20, § 3; vi As.lO;
IV As. 6. See also Folcgemot, Mssthl

Geneat
Of the oath of a king's geneat, Ine 19
If a man's geneat steals, Ine 22

GesiS
The gesif {magnate) shall have half a foreigner's wergeld, Ine 23 § 1
Of the gesiS (nobleman) who comes to terms with the king, Ine 50

GeaiScund, -man. See Nohleman

Gesufel loaf, vi As. 8 § 6

Geswican. See Exculpation

Gejnng, (Ge)}nngian, Forejiingian
Compounding for a theft is not permitted, Ine 22 ; ii As. 1 § 1

230 INDEX

Gejring, continued
If a nobleman comes to terms with the king, Ine 50
He who is accused of making an illicit compact, Ine 52
On compounding for one who is being forced to the ordeal, Ine 62
If a man comes to terms for a yard of land, Ine 67
On coming to terms for allowing a thief to escape, Ine 73
Of a fugitive who comes to terms with his enemy, Alf. 2
If a sword-furbisher comes to terms with the owner of a weapon, Alf. 19 § 3
Of coming to terms for injuries inflicted by a beast, Alf. 24
Of one who utters a public slander, Alf. 32
Of compounding for an ordeal, ii As. 21
Of reeves who allow secret compacts, vi As. 11
{Ge)ffolian. Wiht. 4 § 1 ; Ine 3 § 1, § 2, 36 § 1, 40, 42 § 1, 61, 62, 67 ; Alf. 1 § 4,

11 §4, 20, 22, 42 § 1; E.&G.7; nEdw. 5§1; lAs. 4; n As. 3 § 1, 24§ 1,

25 §2
Qetreowian. See Exculpation
Gift

Of a wife's 'morning-gift' when she bears no child, Abt. 81
Gingra (of an ealdorman), Alf. 28
God (God's feoh), Abt. 1; InePr. 11; Alf. 43 ; A. & G. Pr.; E. & G. Pr. § 1, 3,

4, 5§ 1, 6§7; I As. Pr. 3, 5; iiAs. 23§2; vi As. 8§ 1; (Godes peow) Ine

Pr., 1; As. Ord. Pr.; v As. 3; (Godborg) Alf. 33; {Godcund) E. & G. Pr.

§2, 6 §4; lAs. 4§1
Godfather, Godson

Of the compensation (meegbot) and the wergeld when a godfather or a godson,

a king's godson, or a bishop's godson is slain, Ine 76-§ 3
Gold (half marks of pure gold); A. & G. 2; 'gold finger,' Abt. 54 § 4, Alf. 59;

'gold thief,' Alf. 9§2
Goods (Chattel). See also Property, Possessions

Of the king's right to the goods (mht) of a thief, Abt. 9

Of the wife's share of the goods {scsst} left by her husband, Abt. 78, 79, 80, 81

Twice the value of stolen goods shall be paid by a slave, Abt. 90

Of purchasing property with goods (ceap) known to be the purchaser's, H. & E.

16 §2
Of the goods {mht) of men living in irregular unions, Wiht. 4, § 1
Of forfeiture of all goods {mht) for idolatry, Wiht. 12

Of rendering an oath equivalent to the value of stolen goods (feoh), Ine 28 § 2
A man may clear himself from the charge of harbouring stolen goods, Ine 46 § 2
If a stolen chattel (ceap) is attached, Ine 47

Of driving a penal slave to a scourging for stealing goods (ceap), Ine 48
Of suits concerning a dead man's goods (ceap), Ine 53, § 1
Of payment in goods (ceap) for the hire of oxen, Ine 60
Of one who gives his goods (ceap) to save another from the ordeal, Ine 62 ;

VI As. 1 § 4
Of refusing to accept a stolen chattel (ceap) when it is vouched to warranty,

Ine 75
Of trading in goods (xht) between the English and Danes, A. & G. o
He who bargains on Sunday shall forfeit the goods (ceap), E. & G. 7
Of attempting to deprive a stranger or a man in orders of his goods (feoh),

E. & G. 12
Of stealing goods worth more than 8 pence, ii As. 1

Of a lord's obligation to pay the value of goods (ceapgyld) in dispute, ii As. 3
Of buying goods (ceap) worth more than 20 pence outside a town, n As. 12
He who trades on Sunday shall lose the goods (ceap), n As. 24 § 1
Powerful wrongdoers shall be banished with all their goods, etc., iv As. 3 •

V As. Pr. § 1

Oaths shall be proportionate to the value of the disputed goods (feoh), v As.

1 § 5
Of obtaining the value of stolen goods (ceapgyld) from a thief's property (yrfe),

VI As. 1 § 1, §4

INDEX 231

Goods, continued

Of a wife's share of the goods of a slain thief, vi As. 1 § 1

Of the fine for stealing goods worth more than 30 pence, vi As. 6 § 4
Grave

20 shillings shall be paid before the grave is closed, Abt. 22

Of vouching to warranty at a grave, Ine 53

A perjurer shall not be bnried in a consecrated burial ground, ii As. 26
Griff 'sanctuary,' 'protection.' See also Friff

The grif of a church and the handgriS of the king shall be inviolate, B. & G. 1
Guardian ' byrga '

Of a child's guardian when the father dies, H. & E. 6

Of a guardian's neglect to have a child baptised, Ine 2

Of a bride's guardian when the marriage does not take place, Ine 31 ; Alf. 18
§ 1, § 2, § 3

Of the guardian of a child or helpless person, Alf. 17
Guardianship. See Mundbyrd
Guilty. See Scyldig
Gylt; Alf. 5 §4

Sterfest; Alf. 43
Hair

Of seizing a man by the hair, Abt. 33
Of cutting of another man's hair, Alf. 35 § 3-§ 6
Of wounds inflicted under, or outside, the hair, Alf. 45, § 1, 66 § 1
Ham. See Hoiise ; Hamfmt, i Edw. 1 § 4
Hand
If a blow is received with uplifted hand, Abt. 58 § 1
Of expurgation with the hand on the altar, Wiht. 19-21 ; by the hand of the

reeve, Wiht. 22
The hand of a thief caught in the act shall be cut off, Ine 18, 37; Alf. 6
Of compensation for the hand, Alf. 66, 69, 71
The hand of a coiner of false money shall be cut off, n As. 14 § 1
Of the hand in the hot iron and hot water ordeal, ii As. 23 § 1; App. ii;
habbendre handa, Wiht. 26; ii As. 1 ; iv As. 6 ; v As. Pr. 2 ; to handa, etc.,
Ine 53, 56, 62, 74, 75; Alf. 21, 22, 24, 42 § 1; ii Edw. 6, 7; vi As. 12 § 1

Hanging
An English penal slave who absconds shall be hanged, Ine 24
An absconding slave shall be hanged, vi As. 6 § 3

Harbouring 'feormung ' ; vb. {ge)feorniian
If a stranger is entertained for three days, H. & E. 15
If a vagrant tonsured man is entertained, Wiht. 7
If a commoner harbours a fugitive, Ine 30
If a man is charged with harbouring stolen cattle, Ine 46 f.
If anyone harbours outlaws or traitors, Alf. 4, § 1 ; ii As. 2 § 2
If anyone harbours a man from another district, Alf. 37 § 1 ; iii As. 4
Of shielding crime and harbouring criminals, ii Edw. 4; iv As. 3
If anyone harbours a perjurer, ii Edw. 5 § 2
Of harbouring a landless man from another shire, n As. 8
Of harbouring a thief, etc., ii As. 20 § 8; iv As. 6 § 3; vi As. 1 § 2
Of harbouring a banished man, iv As. 3 § 1 ; v As. Pr. § 3

Harm. See Yfel

Head ' Jieafod.' Of injuries to, Alf. 44, 47 § 1, 49

Healm, Ine 61

Healsfang. Payment of healsfang for serious offences, Wiht. 11, 12, 14; of.
■ Abt. 22

Heathen practices; E. & G. Pr. § 1, 2. See also Devil

Hedge. See Fence

Heorif. See House

Here
A band of more than thirty-five is a here, Ine 13 § 1

232 INDEX

Here, continued

He who ia accused of belonging to a here, Ine 15, § 1

Of slaves and freemen who wish to trade with the Danish host (here), A. & G. 5
Hide (skin). See also Scourging

If a rib is broken but not the skin, Alf. 70

If the skin is broken and a bone removed, Alf. 70 § 1

Of the bide and flesh when a stray beast is killed, Ine 42 § 1

A shield shall not be covered with sheep-skin, ii As. 15, cf. iii As. 8
Hide (of land)

The wergeld of a Welshman holding 5 hides, 1 hide, etc., Ine 24 § 2, 32

Of the number of hides to be kept under cultivation, Ine 64, 65, 66

Of the food rent from 10 hides, Ine 70 § 1

Of oaths expressed in hides, Ine 14, 19, 46, 52, 53, 54, § 2; Alf. 11 § 4
Highway 'weg' 'street'

If highway robbery is perpetrated, Abt. 19

Of robbing a slave on the highway, Abt. 89

If a man from afar or a stranger quits the road, Wiht. 28 ; Ine 20

Of coming to the aid of a thief on the highroad, vi As. 1 § 5

Hitoisc]^^^^'^^

Hlaf ' loaf,' ' bread '; Ine 70 § 1 ; ii As. 23 ; vi As. 8 § 6

HU)f>, -slihte, -hot

A band of from seven to thirty-five thieves is called a hlop, Ine 13 § 1

He who is accused of belonging to a hlop, Ine 14

If one of a hlu]? slays a commoner, or a noble, Alf. 26, 27, 28, § 1
Home. See Home
Homicide. See Slaying, Wergeld
Homola, Alf. 35 § 3
Honey, Ine 70 § 1
Hor-cwene. See Adultery
Horn

If a stranger quits the road and does not blow his horn, Wiht. 28 ; Ine 20

An ox's horn is worth 10 pence, a cow's 2 pence, Ine 58, 69
Horse. Mare, Foal

If a horse is lent to an absconding esne, Ine 29

The fine for stealing horses, Alf. 9 § 2

If anyone steals a mare or foal, Alf. 16

If a man buys a horse, A. & G. 4

Two well-mounted men shall be provided for every plough, ii As. 16

Of sending horses across the sea, ii As. 18

Every man who has a horse shall ride after lost cattle, vi As. 5

Of the indemnity to be paid for a horse, vi As. 6
Horseback

If an esne makes a journey on horseback on Sunday, Wiht. 10

If a fugitive reaches a church on foot or horseback, Alf. 5
Horseman

The wergeld of a Welsh horseman in the king's service, Ine 33
Hostages 'gislas ' ; A. & G. 5
House, Household, Home. See also Frumstol

If the king is feeding at anyone's house (ham), Abt. 3

Of purchasing a second wife for another man and bringing her to his home
(ham), Abt. 31

Of returning a betrothed maiden to her home (ham), Abt. 77 § 1

If a man entertains a stranger in his own home (ham), H. & E. 15

If a man is abused or called a perjurer in another's house (Jlett), H. &E. 11

Of offences committed while drinking in another's house (Jlett), H. & E. 12
lo

H a house (Jlett) is stained with blood, H. & E. 14

Of the mund of an emancipated slave's household (hiwan), Wiht. 8

If a man gives meat to his household (hiwan) during a fast, Wiht. 14

INDEX 233

House, continued

Of fighting in the house (hus) of the king, an ealdorman, etc., Ine 6-§ 3 ; Alf. 39,

§1,§2
Of the value of the oath of a member of the king's household (eyninges geneat),

Ine 19
If a member of your household {fin geneat) commits a theft, Ine 22
The blanket paid as rent from each household {hiroisc), Ine 44 § 1
If a nobleman comes to terms on behalf of his hiwan, Ine 50
If a man steals a beast and carries it into his house {mm), Ine 57
Of the house {heorS) from which church dues shall be paid, Ine 61
Of compensation to the hiwan for violation of the sanctuary of their church,

Alf. 2§1
Of a fugitive when the hiwan need their church, Alf. 5 § 1
Of besieging an adversary in his home {hanuittend), Alf. 42-§ 4
Of the ham of a priest who slays a man, Alf. 21
Of a man who must work till his lord comes home {ham), vi As. 5

Hrmgl. See Clothing

Hundred 'hynden'; (100 hides) Ine 54; (100 shillings) Ine 54 § 1; (100 men)
vr As. 3; hyndenman (an official in charge of 100 men) vi As. 3

Hits. See House

Husband ' ceorl'
Of the compensation to be paid to a husband for lying with his wife,

Abt. 31
Of the division of property between husband and wife, Abt. 78-81
If a man lies with a woman during the lifetime of the husband, Abt. 85
If a husband makes offerings to devils, Wiht. 12
If a husband dies leaving a wife and child, Ine 38 ; H. & E. 6
If a husband steals a beast, Ine 57
Of compensation to the husband for adultery, Alf. 10

Hynden. See Hundred

lerfe 'property,' 'cattle' (?.«.); Wiht. 8; Ine 6, 53 § 1; Alf. 1 §4, 8 §1, §2 ;
A. &G. 5; lEdw. 1§5; n As. 9, 10, 24; v As. Pr. §1,2; vi As. 1 § 1, 2,
7, 8 §4, 12 §3
Incendiaries; u As. 6 § 2; Append, i
Informer 'melda'

If a freeman steals a man who returns as informer, H. & E. 5

Of him who informs against a freeman's working on Sunday, Wiht. 11

Of him who traces stolen meat, Ine 17

The axe is an informer and not a thief, Ine 43 § 1
Injuries. Wounds. See also Head, Arm, Bones, etc., Abt. 32-72; Alf. 44-77

Of lending weapons during a quarrel, Abt. 18 ; H. & E. 13

If anyone who has the right of sanctuary is injured, Alf. 2 § 1

If a dog tears or bites a man, Alf. 23

If a beast injures a man, Alf. 24

If a man is transfixed on a spear, Alf. 36 § 1

If one wounds a defenceless man, Alf. 42 § 4

If anyone wounds a collector of church dues, E. & G. 6 §5

He who tries to avenge a thief but wounds no one, u As. 6 § 3

If one of the king's lieges is molested, Abt. 2

Of a quarrel when no injury is inflicted, Abt. 18 ; H. & E. 13

If a house is stained with blood, H. & E. 14

Of a maimed and mutilated criminal, E. & G. 10
Insubordination ' oferhiemes.' Fines for, i Edw. 1 § 1, 2 § 1; iiEdw. 1 § 3, 2, 7;
I As. 5; II As. 20, §1, §2, 22 §1,25, §1; ivAs. 7; vAs. 1, §2, §3; vi As. 7,
8§4
Insult

If one man insults another, H. & E. 11

If one man cuts another's hair to insult him, Alf. 35 § 3
Iron. See Ordeal

234 INDEX

Judge. Judging ' dema' ; yh. 'deman.' See also JJi/it

Of Tendering such satisfaction as the judges of Kent prescribe, H. & E. 8
If anyone demands justice from a 'shireman' or from another judge, Ine 8
Reeves shall pronounce such legal decisions as they know to be just, i Edw. Pr.

Justice. See Eiht

King, 'Cyning'
If anyone molests the king's lieges, Abt. 2
If anyone commits an offence when the king is feasting, Abt. 3
If a freeman robs the king, Abt. 4
If one man slays another on the king's premises, Abt. 5
Payment for infraction of his seignorial rights, Abt. 6
If the king's smith or messenger is slain, Abt. 7
The king's mundbyrd, Abt. 8; Wiht. 2
Of the king's right to the fine in cases of robbery, Abt. 9
If a man lies with a maiden belonging to the king, Abt. 10, 11
Of vouching to warranty at the king's residence, H. & E. 7, 16
The king shall be prayed for, Wiht. 1 § 1; v As. 3
The king's word shall be incontrovertible, Wiht. 16
Of a king's esne who is accused, Wiht. 22
How the king may dispose of a thief, Wiht. 26, 27
If anyone fights in the king's house, Ine 6

The value of the oath of a member of the king's household, Ine 19
The king's share of a foreigner's wergeld, Ine 23, § 1, § 2
The king's share of an illegitimate child's wergeld, Ine 27
A captured thief shall be given up to the king, Ine 28
The wergeld of a Welsh horseman in the king's service, Ine 33
Fine for breaking into the premises of the king, Ine 45 ; Alf. 40
Of a nobleman who comes to terms with the king or with his lord, Ine 50
A king's oath of 30 hides, Ine 54
If a king's godson is slain, Ine 76 § 1, § 2

The king's reeve shall feed a prisoner who has no relatives, Alf. 1 § 3
If anyone violates the king's protection {borg), Alf. 3
If anyone plots against the king's life, Alf. 4, § 1, § 2
Of violation of the king's mundbyrd, Alf. 5
Of one who fights in the king's hall, Alf. 7, § 1

If anyone takes a nun from a nunnery without the king's permission, Alf. S
Of the king's share of the wergeld of a man without relatives, Alf. 31
Of the king's share of the fine when a man secretly leaves a district, Alf. 37
The king and bishop shall be witnesses when bocland is in dispute, Alf. 41
Appeal shall be made to the king before resorting to violence, Alf. 42 § 3
Of the king's share of secular amends, E. & G-. Pro. § 2
Of the king's handgriS, E. & G. 1

The king shall take the male offenders in incestuous unions, E. & G. 4
The king shall act as kinsman and protector of ecclesiastics and strangers,

E. & G. 12
Of appealing to the king, before pleading at home, ii As. 3
Of the king's moneyers, ii As. 14 § 2

The king's share of an insubordinate's property, ii As. 20 § 4
Of the king's right to banish powerful wrongdoers, iii As. 6; iv As. 3;

V As. Pr. § 1
Of the respite granted by the king to a thief, iv As. 6 § 1
Of the king's share of the property of a slain thief, vi As. 1 § 1
Of appeals to the king against capital punishment, vi As. 1 § 4, § 5
See also Insubordination
Kinsmen, Eelatives 'mmgas,' 'mmgbot,' 'faederenm-,' ^rnedrenm-.' See also

Associates
Of the relatives' responsibility when a homicide escapes, Abt. 23
Of the right of the relatives to the 'morning-gift,' Abt. 81
Of a paternal relative to act as guardian to an orphan, H. & E. 6

INDEX 235

Einsmen, continued
Of the relatives' right to claim wergeld for a slain thief, Ine 21, § 1
Of the relatives' share of a foreigner's wergeld, Ine 23
Of the kinsmen of an unransomed penal slave who is hanged, Ine 24 § 1
The kinsmen of a thief shall not carry on a vendetta, Ine 28, 35
Of the relatives' duty to act as guardians, Ine 38
Of the kinsmen of an Englishman slain by a Welsh slave, Ine 74, § 1
A freeman need not associate himself with a servile relative, Ine 74 § 2
Of the mmgbot when a godson or godfather is slain, Ine 76 f.
A prisoner shall be fed by his relatives, Alf. 1 § 2
When a man is put in prison his relatives shall be notified, Alf. 5 § 3, 42 § 1,

§4
Of the paternal and maternal kindred when a nun's child is slain, Alf. 8 § 3
Of the wergeld of a child slain in the womb, Alf. 9

Of the compensation to the kindred, when a man is killed accidentally, Alf. 13
If anyone fights who has no paternal (maternal) relatives, Alf. 30, 31
Of 'bookland' left conditionally by kinsmen, Alf. 41
Of one kinsman who illegally avenges another, Alf. 42 § 4
A man may fight on behalf of his kinsman, Alf. 42 § 6
If two brothers or near relatives lie with one woman, E. & G. 4 § 1
The king (or earl) and bishop shall act as kinsmen of a stranger or ecclesiastic,

E. & G. 12
If the relatives of a penal slave forsake him, n Edw. 6
Of kinsmen's responsibility for a thief, n As. 1 § 3, § 4
The relatives of a lordless man shall settle him in a fixed residence,

II As. 2, § 1
Of the relatives of witches and sorcerers and incendiaries, ii As. 6 § 1, § 2
Of harbouring a landless relative from another shire, ii As. 8
When relatives demand redress for a slain thief, ii As. 11
Of a wrongdoer who belongs to a powerful kindred, iii As. 6; iv As. 3;

VI As. 8 § 2, § 3
Of sureties chosen from the kindred of an untrustworthy man, in As. 7 § 2
Of the kinsmen of a thief proved guilty in the ordeal, vi As. 1 § 4
Of the relatives of a wrongdoer who is not put in prison, vi As. 12 § 2

Laadrirwman ' mesBenger' ; Abt. 7
Lsst (value of) ; Abt. 26
Lahslit; E. & G. 2, 3, 4, 6, 7, 8, 9
Laity

Of the laity at the assembly at Barham, Wiht. Pr.

Fines for assaulting a nun and a woman of the laity shall be the same, Alf. 18
Lame. If a man becomes lame as a result of injuries, Abt. 65 § 1 ; Alf. 75 § 1
Land. See also Hide

If a homicide departs from the country (land), Abt. 23

Of foreigners who must depart from the land, Wiht. 4

Of selling men out of the land, Ine 11

Wizards, prostitutes, etc. shall be driven from the land, E. & G. 11

Of traders who travel up into the land, Ine 25, § 1

Of Welshmen who own land, Ine 32

Of partible land which has to be fenced, Ine 42

Of nobles neglecting military service who hold or do not hold land, Ine 51

Of laud which must be kept under cultivation, Ine 64, 65, 66

If a man takes a yard of laud at a fixed rent, Ine 67

A nobleman may not be evicted from his cultivated land, Ine 68

Of ' bookland ' bequeathed by kinsmen, Alf. 41

If rights in 'bookland' or 'folkland' are withheld, i Edw. 2, § 1

Of a tenant on < bookland' or land held by a bishop, who is slain for thieving,
VI As. 1 § 1

Of commoners who occupy tributary land, A. <fe G. 2

Of landless men who have been serving in another shire, ii As. 8

236 INDEX

Land, contintied

The landowner shall act witness when cattle is exchanged, ii As. 10

Of poor widows who have no land, vi Aa. 2

Of thegns in possession of land, vi As. 11
laTid (province) E. & G. 12 ; (estate) ii Edw. 4 ; (land) ii Edw. 1 § 1 ; landgemara

(boundaries) A. & G. 1 ; (district) iv As. 8 § 2
LaSlean 'innocent'; ii Edw. 7; v As. 1 § 1
Law. Lagu. See also Horn, Riht, Mw; Ine Pr. B. ; A. & G. Insor. ; E. & G. 7 § 2 ;

I As. 2
Lend 'onlmnan'

Of lending a sword, spear, etc. to another's esne, Ine 29

If one man lends a weapon to another to commit inurder, Alf. 19-§ 2
Lent

If a man steals during Lent, Alf. 5 § 5

If anyone is guilty of burgbryce or edorbryce during Lent, Alf. 40 § 1

If anyone publicly disregards the laws of the Church during Lent, Alf. 40
§2
Lead. Leodgeld

If the king calls his lieges to him, Abt. 2

Of an ordinary leodgeld, Abt. 7, 21

The whole of the lead shall be paid within 40 days, Abt. 22

Of relatives' responsibility for the lead, Abt. 23

The generative organ shall be paid for with prym leudgeldum, Abt. 64

Of men of Kent who shall be excommunicated, Wiht. 4 § 1

If anyone slays a man (leud), Wiht. 25

If anyone sells his own countryman {geleod) over seas, Ine 11
Lieges. See Lead

Liesing 'freedmen' (Danish) ; A. & G. 2
Life. Live

Men living in sin shall turn to a righteous life, Wiht. 3

Of the king's power over life and death, Ine 6; Alf. 7

A thief may redeem his life, Ine 12

If a fugitive can live, despite hunger, for 7 days, Alf. 5

If a nun lives longer than her abductor, Alf. 8 § 1
Light dues, payment of; E. & G. 6 § 2

Limb 'Urn.' Of the gekyndeliee lira, Abt. 64; limlmweo, E. & G. 10
LiSseaw (synovia), Alf. 53
Loaf. See Ulaf

Locbore 'one who wears long hair'; Abt. 73
Loin, fines for injury to; Alf. 67, § 1, § 2
Lord 'dryhten,' 'hlaford'

Payment of dryhten-beah to the king, Abt. 6

A nobleman must pay 100 shillings to his lord, Wiht. 5

If anyone emancipates his man, Wiht. 8

An esne must pay 80 seeattas to his lord, Wiht. 9

An esne must pay 6 shillings to his lord, Wiht. 10

The lord may clear an esne by his own oath, Wiht. 23, 24

If slaves or freemen work by, or contrary to, their lord's commands, Ine 3,
§1.§2

A lord may not proceed to an oath on behalf of a slain thief, Ine 21

Nothing shall be paid to the lord of an absconding slave, Ine 24

The lord's right to the wergeld of an illegitimate child, Ine 27

If anyone moves away without his lord's permission, Ine 39; ii Edw. 7-
n As. 22, § 1 ; in As. 4

If a nobleman comes to terms with his lord for his household, Ine 50

Of a lord who requires both service and rent from a tenant, Ine 67

Of the lord of an Englishman slain by a Welsh slave, Ine 74

Of a man's promise to betray his lord, Alf. 1 § 1

Of nobles and commoners who plot against their lord, Alf. 4 § 2

Of compensating the lord of a church when a nun is abducted, Alf. 8

INDEX 237

Lord, continued

Of a monk's lord when property is entrusted to him, Alf. 20

Of the lord of a monastery when a priest slays a man, Alf. 21

A lord may fight for his man, a man for his lord, Alf. 42 § 5

A man may not fight against his lord, Alf. 42 § 6

If a lord compels his slave to work during festivals, B. & G. 7 § 2

Of those who have found a lord for one accused of theft, n Edw. 3

If a convicted thief surrenders himself to his lord, ii Edw. 6

Of taking a man into service without the permission of his lord, ii Edw. 7 ;

II As. 22 ; ni As. 4
Of finding a lord for a lordless man, ii As. 2, § 1, § 2
If a lord refuses justice by defending a wrongdoer, ii As. 3
If a lord is accessory to theft by his slave, ii As. 3 § 1
Of one who plots against his lord, ii As. 4
A lord shall not prohibit a freeman from seeking a new lord, in As. 4 § 1 ;

IV As. 5; V As. 1§ 1
Every man shall stand surety for his own men, ni As. 7
Of a lord who breaks decrees or departs from them, ni As. 7 § 3
Of receiving a man whose lord has dismissed him, iv As. 4 ; v As. 1
How a lord shall be compensated for his slave, iv As. 6 § 6, § 7
If a lord wrongfully intends to ruin a man , v As. 1 § 1
A thief convicted in the ordeal may be ransomed by his lord, vi As. 1 § 4
If a lord rides out in place of one of his men, vi As. 5
Of compensation paid to the lord of an absconding slave, vi As. 6 § 3

Lyswms 'offence' {q.v.), Abt. 3

Mmgbot, Ine 76; Msegburg, Ine 74 § 1; Alf. 41. See Kimmen

Mmthl. Of breach of msithlfriS, Abt. 1; medle, H. & E. 8. See also FHS',

Gemot
Maiden, ' Mmgdenman,' 'Msegp,' 'MmgJ>mon,' 'Famne,' 'Wifmon.' See also
Birele

If a man lies with a maiden belonging to the king, Abt. 10

Of compensation to be paid to an unmarried woman, Abt. 74

If a man buys a maiden, Abt. 77, § 1

If she bears a living child, Abt. 78

If she wishes to depart with her children, Abt. 79

If the husband wishes to keep the children, Abt. 80

Of her 'morning-gift' if she does not bear a child, Abt. 81

If a maiden is forcibly carried off, Abt. 82

If she is betrothed at a price, Abt. 83

If she is brought back, Abt. 84

If anyone seizes a young woman by the breast, Alf. ll-§ 5

If a betrothed young woman commits fornication, Alf. 18 § 1, § 2, § 3

If anyone rapes a girl who is not of age, Alf. 29
Manbot

Of the proportion between the manbot and the wergeld, Ine 70

Mmgbot due to a godfather or godson is equal to manbot, Ine 76
Mancus; A. & G. 3; vi As. 6 § 2

Manxwara; E. <fe G. 11; i Edw. 3; n As. 26. See Perjury
ManJ>eof' ateaiing men.' The fine for m-, Alf. 9 § 2. See also Stealing
Manunge 'district ' ; v As. 1 § 5 ; vi As. 8 § 2
ManwyrS. The value of a man (slave) ; H. & E. 1, 2, 3, 4
Mare. See Horse
Mark; A. & G. 2; E. & G. 3 § 1
Market. See Port
Market Town. See Port
Marriage. See also Adultery, Child, Husband, Wife

Ii anyone buys a wife and the marriage does not take place, Ine 31

Of the surety of a marriage which does not take place, Alf. 18 § 1 f.
Mass-priest. See Priest

238 INDEX

Mast. If anyone finds intruding swine in his mast-pasture, Ine 49-§ 2
Meadow 'yxrstun.' If a common meadow has to be fenced, Ine 42
Meat. See food

If a man gives meat to his household during a fast, Wiht. 14, 15

Of him who finds meat which has been stolen and hidden, Ine 17
Midwinter. See Christmas
Military Service. See Army
Molest. See Yfel
Monastery. Nunnery

How the head of a monastery shall clear himself, Wiht. 17

If anyone fights in a monastery, Ine 6 § 1

If anyone flees to a monastery entitled to receive the king's food rent,
Alf. 2, § 1

If anyone takes a nun from a nunnery, Alf. 8

Of a priest ejected from a monastery for homicide, Alf. 21

In every monastery fifty psalms shall be sung for the king, v As. 3
Money and Moneyers. See also Pound, Mancus, Mark, etc.

Of payment of wergeld in the homicide's own money (scsitt), Abt. 30

Of purchasing a wife, Abt. 81, 77

Of rendering satisfaction with money {feoh) or an oath, H. & E. 10

There shall be one coinage throughout the realm, ii As. 14

No one shall mint money except in a town, n As. 14

Of a money er accused of issuing base coin, ii As. 14 § 1

Places where moneyers are established, n As. 14 § 2

Of payment to the king in pure coins, Alf. 3

Of the management of the money of the association, vi As. 3
Monk

If property is entrusted to a monk in another's service, Alf. 20
munuc (nun), Alf. 8
Morning-gift ' of a bride ' ; Abt. 81
Morff-dmd, -wyrhtan

They who secretly compass death shall be driven from the land, E. & G. 11

Of dealers in deadly spells, n As. 6, § 1
Mother. See also Wife, Woman, Child

If a husband dies the child should accompany the mother, H. & E. 6; Ine 38

Of payment for foals and calves, and their mothers, Alt 16

Of one who finds a man lying with his mother, or daughter, or sister, Alf.
42 §7
Mouth 'muS^.' Compensation for injuries to, Abt. 44; Alf. 52 (61 § 1)
Mundbyrd. Mund. Mundbryce. Mundbora

The king's mundbyrd, Abt. 8, (5), (10) ; (see note to cap. 5, p. 175) ; Wiht. 2

A nobleman's mundbyrd, Abt. 13, 14; (see note to cap. 13, p. 176)

A commoner's mundbyrd, Abt. 15

The compensation for violation of a widow's mund, Abt. 75, § 1, 76

Of an owner's mundbyrd when his house is stained with blood, H. & E. 14

The mundbyrd of the church, Wiht. 2

The mund of a manumitted slave belongs to his emancipator, Wiht. 8

The mundbyrd of an archbishop, bishop, and ealdorman, Alf. 3

Violation of the king's mundbyrd, Alf. 5

The king and bishop shall be mundboran of strangers and ecclesiastics,
E. & G. 12

If a thief is slain who has gained sanctuary, iv As. Frag. 6 § 3
Murderer. See Bana, MorS-dmd

Nail. Compensation for injuries to; (finger nail), Abt. 54, § 1, 55; Alf. 56, § 1,

57, 58, 59, 60; (toe nail), Abt. 72, § 1
Neck. If one man damages the tendons in another's neck, Alf. 77
Neighbour

Of a neighbour's stray beast, Ine 40

Of selection of witnesses from among a man's neighbours, n As. 9

INDEX 239

Nied 'need,' 'necessity,' 'compulsion'

If a man forcibly carries off a maiden, Abt. 82

If anyone is wrongfully constrained to promise to betray his lord etc.

Alf. 1 § 1, § 4
If anyone rapes a slave {to nedhmmde), Alf. 25, § 1
If anyone rapes a girl {to niedhmmde), Alf. 29
Of Danes and Englishmen trading to satisfy their wants, A. & Or. 5

Niedname ' seizing with violence,' Ine 10

Night. (Day) 'niht'

Of payment of the wergeld within 40 days, Abt. 22

Of finding an arbitrator within 3 days, H. <& E. 10

Of entertaining a stranger for 3 days, H. <fe E. 15

A child shall be baptised within 30 days, Ine 2, § 1

An accused man shall render justice within 7 days, Ine 8

Of an ewe's value until 14 days after Easter, Ine 55

Of finding a blemish in a beast within 30 days of purchasing it, Ine 56

If a thief is recaptured before a night has passed, Ine 72

If a night has elapsed since the theft, Ine 73

A perjurer shall remain in prison 40 days, Alf. 1 § 2

Bight of sanctuary in a church shall last for 7 days, Alf. 5

Of removing a tree which has killed a man, within 30 days, Alf. 13

If a mutilated criminal lives for 3 days, E. & O. 10

A thief shall remain in prison 40 days, ii As. 1 § 3

Sorcerers etc. shall remain in prison 120 days, n As. 6 § 1, § 2

Fortresses shall be repaired by 14 days after Bogation Days, ii As. 13

The meeting of the assembly shall be announced 7 days ahead, ii As. 20

He who is tried by ordeal shall attend mass for 3 days, ii As. 23

Nine; (ninefold) Abt. 1, 4; (ninth Indiotion) Wiht. Pr.; (-parts) i As. 3; (-men
of the tithing) vi As. 3

Nobleman. 'Borl,' 'Eorlcund,' 'GeaiScund' ' Syxhynde,' ' Twelfhynde,' 'GeaiS'
If a man is slain on a nobleman's premises, Abt. 13
If a man lies with a nobleman's serving maid, Abt. 14
The compensation for the violation of the mund of an eorlcundre widow,

Abt. 75
If an e»ne slays a nobleman, whose wergeld is 300 shillings, H. & E. 1
If a nobleman enters into illicit union, Wiht. 5
A nobleman must pay a sum equal to his wergeld for harbouring a fugitive,

Ine 30
If a nobleman is slain on a foray, Ine 34 § 1
Fine for breaking into the premises of a nobleman, Ine 45
If a nobleman comes to terms with king on behalf of his dependants, Ine 50
If nobles {landagende y unlandagende) neglect military service, Ine 51
If anyone is accused of homicide and wishes to deny the deed, Ine 54
If a nobleman moves his residence, Ine 63
If a nobleman is evicted, Ine 68

Of the relationship between a nobleman's wergeld and the manbot, Ine 70
Of a noble who plots against the life of his lord, Alf. 4 § 2
Of adultery with a nobleman's wife, Alf. 10
Of outrage against a woman of noble birth, Alf. 11 § 5
If a nobleman is slain by a band of marauders, Alf. 27, 28, § 1
Of the compensation for fighting in a nobleman's house, Alf. 39 § 2
The fine for breaking into a nobleman's premises, Alf. 40, § 1
If a nobleman belongs to too powerful a kindred to be punished, iii As. 6 ;

IV As. 3; Ti As. 8§2
Of the respite granted to a thief by a nobleman, iv As. 6 § 2

Nose. Compensation for injuries to, Abt. 45, 48, 57 ; Alf. 48

Nun
If anyone takes a nun from a nunnery, Alf. 8 f .
If anyone lustfully seizes a nun, Alf. 18

Nunnery. See Monastery

240 INDEX

Oath 'a/,' 'manad',' 'foreaf,' 'eyreaf,' 'rimad' ' cyningaide,' 'aSwyrSe'
An accused man shall satisfy his accuser with money or an oath, H. & E. 10
A bishop or the king need not give an oath, Wiht. 16
A clerk's oath must be supported by three men of his own class, Wiht. 19
Of the oath of a stranger and a king's thegn, Wiht. 20
The oaths of a commoner and three of his own class shall be incontrovertible,

Wiht. 21
Of the oath of a lord who is, or is not, a communicant, Wiht. 23
An esne may be cleared by his lord's oath, Wiht. 24
Of the oath when accused of belonging to a band of marauders, Ine 14
Of the oath when accused of taking part in a raid, Ine 15
Of a communicant's oath, Ine 15 § 1

A thief may not produce an oath when in the king's power, Ine 15 § 2
Of the oath of him who kills a thief, Ine 16
Of him who finds meat which has been stolen and hidden, Ine 17
Of the oath of a cyninges geneat, Ine 19

How a dead man may obtain an oath of exculpation, Ine 21, § 1
Of the oath when stolen property is attached in the hands of a trader,

Ine 25 § 1
Of an oath to carry on no vendetta against the captor of a thief, Ine 28
Of the captor's oath when a thief escapes, Ine 28 § 1
Of an oath when a man is accused of harbouring a fugitive, Ine 30
Of an oath that a slain man was a thief trying to escape, Ine 35
The compensation for swearing a false oath {msman aS), Ine 35 § 1
Of the oath when one is accused of burgbryce, Ine 45
Of an oath when a man is charged with stealing cattle, Ine 46
Of an oath, when the accuser is an Englishman or Welshman, Ine 46 § 1
Of an oath to enforce scourging, Ine 48, 54 § 2

Of the oath when swine are found intruding in a mast-pasture, Ine 49 f.
Of an oath when accused of making an ilUcit compact, Ine 52
Of an oath when a stolen slave etc. is attached, Ine 53
Of an oath (cyningmde) when anyone is charged with homicide, Ine 54
A wife may declare, with an oath, that she has not tasted stolen meat, Ine 57
If a man, required to give an oath, confesses his guilt, Ine 71
Every man shall abide by his oath and pledge, Alf. 1, § 1,- § 2
Of the oath when a man is charged with plotting against the king, Alf. 4 § 1
Of an oath, when a noble or commoner plots against his lord, Alf. 4 § 2
Of an oath when a woman is accused of fornication, Alf. 11 § 4
Of the oath of accusation (foreaS) to be made in four churches, Alf. 33
Of the oaths given by councillors, A. & G. Pr., 5
Of the oaths of king's thanes, A. <& 6. 3

Benderiug of oaths is forbidden during festivals and fasts, E. & G. 9
Of production of an oath instead of witnesses, i Edw. 1 § 2, § 3
Of an unseleoted oath (ungecoren aS), i Edw. 1 § 3
Of a selected oath, i Edw. 1 § 4

Of an oath when an evil man brings a counter-charge, i Edw. 1 § 5
If an oath collapses in a charge of perjury, i Edw. 3

Of loss of right to produce an oath (aSwyrSe), i Edw. 3; n As. 26; Ine 46
If anyone breaks his oath and pledge, n Edw. 5, § 1, § 2
Of the oath when one is accused of sparing a thief, ii As. 1 § 1
Of the oath when one is accused of harbouring an outlaw, ii As. 2 § 2
Of recourse to the selected oath (cyreaS) when livestock is attached, n As. 9
Of the rimaff, n As. 9

Of the oath when demanding redress for a slain thief, ii As. 11
Of the oath when accused of harbouring a fugitive, ii As. 20 § 8
Before going to the ordeal, a man shall swear an oath of innocence, n As. 23
Of him who swears a false oath, ii As. 26

Of the oaths and pledges given to the king and his councillors, rv As. 3 § 2
Of the punishment for violating oaths, v As. Pr. § 3
Of the 'unseleoted' oath (ap butan eyre), v As. 1 § 5

INDEX 241

Oath, continued

The trail of cattle shall serve as the oath of accusation (foraS), v As. 2

Of an oath with regard to stolen cattle, vi As. 8 § 8

Of the threefold oath. Append, i

Every man shall precede his accusation with an oath, ii As. 23 § 2

For the valuation of the oath in hides, see Hide
Oferhiemes. See iTisubordination
Offence. See Scyld, L^swses, Unqffending, Deed, Yfel
Ordeal 'ordal,' 'ceac'

If a thief is proved guilty in the ordeal (ceac), Ine 37; iv As. 6; vi As. 1 § 4

If anyone is accused and the ordeal is being forced upon him, Ine 62

Trials by ordeal are forbidden during festivals and fasts, B. & G. 9

Perjurers shall always be tried by ordeal, i Edw. 3

Threefold ordeal shall be forced upon those who plot against their lords, or
break into churches, or practise witchcraft, etc., ii As. 4, 5, 6, § 1, § 2;
Append, i

Of those proved guilty in the simple ordeal, ii As. 7

Those charged with coining base money shall go to the ordeal, ii As. 14 § 1

Of a slave found guilty in the ordeal, rr As. 19

Of one who compounds for an ordeal, ii As. 21

Of the conduct of the ordeal, ii As. 23, § 1 ; Append, i, n
Ores, B. & G. 3 § 2, 7

Orgilde 'unpaid for' (by a wergeld, q.v.) ; Alf. 1§5; E. &G. 6§7
Orwige 'not liable to vendetta' (q.v.); Alf. 42 § 5, § 7
Outlaw 'wreccena,' 'utlah,' 'fly ma.' See also Fugitive

Of him who harbours outlaws, Alf. 4 ; ii As. 2 § 1, § 2

He who slays a collector of church dues shall be an outlaw, E. & G. 6 § 6
Own, Owner. See Agan, Agend
Ox. See Cattle

Pannage ; Ine 49 § 3
Peace. See FriS
Penal Slave. See Slave

Penny. Gafolhwitel shall be worth 6 pence, Ine 44 § 1 ; an ox horn, 10 pence,
Ine 58 ; a cow's horn 2 pence, an ox's tail 4 pence, a cow's 5 pence, an ox's
eye 5 pence, a cow's 4 pence, Ine 59 ; a fleece 2 pence, Ine 69 ; a tree S pence,
Alf. 12 ; Alf. 3, 47, 71 ; a shank of bacon or a ram worth 4 pence, As. Ord. 1 ;
theft of over 8 pence, ii As. 1 § 1, 12 pence, vi As. 1 § 1, 12 § 3; attaching
stock worth over 20 pence, n As. 9 ; buying goods worth more than 20 pence
outside a town, ii As. 12; 4 pence, the annual contribution to the guild,
VI As. 2; 80 pence the fine exacted by the guild, vi As. 3, 8 § 5; a cow is
worth 20 pence, a swine 10 pence, vi As. 6 § 2 ; of ceap-gild over 30 pence,
VI As. 6 § 4 ; 12 pence for killing a thief, vi As. 7
Perjurer, Perjury ' manswara' ; vb. 'forswerian,' 'vumap swerian.' See also
Oath, Witness
If one man calls another a perjurer in another man's house, H. & E. 11
If a man in orders commits perjury, E . & G. 3
Perjurers shall be driven from the land, E. & G. 11
Of those proved guilty of perjury, i Edw. 3
Of the punishment for perjury, ii As. 26
Permission 'leaf,' 'leafnes,' 'unaliefed'

Of a tonsured man wandering about without permission, Wiht. 7

If anyone moves away without permission from his lord, Ine 39

It is permissible to repudiate bail, Ine 41

If unaliefed swine are found in a mast-pasture, Ine 49

If permission is given to a thief to redeem his hand, Alf. 6 § 1

If one takes a nun from a nunnery without permission, Alf. 8 f.

If trees are burnt or felled without permission, Alf. 12

Of lustfully seizing a nun without her permission, Alf. 18

If property is entrusted to a monk without permission from his lord, Alf. 20

A. 16

242 iXDEx

PermisBion, continued

Of publicly disregarding the laws of the Church without permiBsion, Alf. 40 § 2
Slaves and freemen shall not pass over to the Danish host without permission,

A. & G. 5
Of the bishop's permission to tend a mutilated criminal, E. & G. 10
Of taking a man into service without permission from his lord, ii Edw. 7 ;

11 As. 22; in As. 4
Of permission to serve any lord a man wishes, v As. 1 § 1

Peter's Pence. Fine for withholding, E. & G. 6 § 1

Pig. See Swine

Pledge 'wed'; vb. 'weddian'

If anyone repudiates a pledge given in the presence of a bishop, Ine 13

If anyone proves false to his pledge, Alf. 1, § 2, § 8; ii Edw. 5

Of a solemn pledge given under the sanction of God, Alf. 33

If anyone engages to undergo an ordeal, ii As. 23

Of the oaths and pledges given to the king, iv As. 3 § 2 ; v As. Pr. § 3 ; vi As.

8 § 9, 10
Of pledges to the association, vi As. 8 § 5, § 6, § 9
Of pledges to be exacted by bishops, ealdormen, and reeves, vi As. 11

Plough
Two well-mounted men shall be provided from every plough, n As. 16
If anyone does not pay ' plough-alms,' B. & G. 6 § 3
'Plough-alms' shall be rendered yearly, i As. 4

Port
No one shall traffic except in a ' port,' i Edw. 1, § 1 ; ii As. 12, 13 § 1
The 'port reeve' shall be a witness to trafScking, i Edw. 1 § 1; ii As. 12
No one shall mint money except in a 'port,' ii As. 14

Possess, Possessions ; H. & E. 7 ; Wiht. 4 ; Ine 2 § 1, 32, 53, 75 ; Alf. 1 § 2, 4, § 2 ;
I Edw. 1 § 5; II Edw. 5 § 1; ii As. 3 § 1, 9, 20 § 3, § 4; v As. Pr., § 1, § 3;
VI As. 1 § 1, § 5, 8 § 7, 11

Pound 'Fund.' 5 pounds, 3 pounds, 2 pounds of pure silver pennies, Alf. 3;
XXX scU. id est half pund, Alf. 12, B ; fine of 5 pounds, ii As. 25 § 2 ; a
horse is reckoned at half a pound, vi As. 6 § 1 ; half a pound shall be paid
for a slave, vi As. 6 § 3 ; fine of half a pound, vi As. 6 § 4 ; vi pundwsega
(beregafol), Ine 59 § 1, H & Ld; xx pundwmga foSres, Ine 70 § 1

Priest. See also Ecclesiastics

Theft of a priest's property shall be compensated ninefold, Abt. 1

If a priest consents to an illicit union etc., Wiht. 6

How a priest shall clear himself, Wiht. 18

A priest shall pay a double fine for working on Sunday, Ine 3 § 2

If a priest slays another man, Alf. 21

If a man's hair is cut after the fashion of a priest's, Alf, 35 § 4, § 6

If fighting takes place in the presence of a king's priest, Alf. 38 § 2

If a mass-priest misdirects the people with regard to a fast, E. & G. 3 § 1

If a priest does not fetch the chrism on the appointed day, E. & G. 3 § 2

If a man in orders places his hfe in jeopardy, E. & G. 4 § 2

A mass-priest may be a witness to bartering, ii As, 10

Of the mass-priest's duties at a trial by ordeal, n As. 23

Prison
A perjurer shall stay in prison at a royal manor 40 days, Alf; 1 § 2, § 6
A man in orders shall find surety for compensation or go to prison, E. & G. 3
A thief shall remain in prison 40 days, ii As. 1 § 3, § 4, 7
Witches and sorcerers etc. shall remain in prison for 120 days, ii As. 6 § 1, § 2
Thieves under fifteen years of age shall be put in prison, vi As. 12 § 1, § 2

Property. See also Goods, Possessions

Theft of property (feoh) belonging to the church, bishop, etc., Abt. 1
If property .{feoh) is stolen from within a fenced enclosure, Abt. 28
Of paying a wergeld in money and property {feoh), Abt. 30
Of a guardian to take care of the property {feoh) of a deceased husband
H. & B. 6

INDEX 243

Property, contimied
if stolen property (feoh) is reolaimed hy the owner, H. & E. 7
Of a man of Kent (feoh) who buys property in London, H. & B. 16 1
He who fights in the king's house shall forfeit all his property (ierfe), Ine 6
Of him who finds meat which has been stolen and hidden, Ine 17
Of claiming the value (angylde) of stolen property from a surety, Ine 22
If stolen property (Siefefioh) is attached in a trader's hands, Ine 25 § 1
Of vouching a dead man's grave to warranty for stolen property (fioh),

Ine 53, § 1
Of a wife's share of the household property (sceat), Ine 57
Of him who must forfeit his weapons and property (ierfe), Alf. 1 § 4
A nun shall not inherit the property {ierfe) of him who abducts her, Alf. 8 f .
If property {feoh) is entrusted to a monk in another's service, Alf. 20
Of a priest's share of the monastic property, Alf. 21
Of him who must pay three times the value of stolen property {ifrygijlde),

A. & G. 3
The number of witnesses shall vary according to the value of the disputed

property {ceap), i Edw. 1 § 4
Of taking security from a man's property, ii Edw. 3 § 1
Of him who has no property {xht) or other security, ii Edw. 3 § 2
Of tithes of the king's property {god), r As. Pr.
Of him who is liable to confiscation of all his property, iv As. 3 § 1
Powerful wrongdoers shall be banished with their property {ierfe} etc., v As.

Pr. § 1
Of compensation for stolen property (i/rfe) paid by the association, vi As. 2
Every one shall pay a shilling who owns property {yrfe) worth 30 pence,

VI As. 2
Of payments from the common property {feoh) of the association, vi As. 7.
Of making everybody's property {ping) secure against theft, vi As. 8 § 9
No one shall be slain for thieving property {yrfe) worth less than 12 pence,

VI As. 12 § 3
Prostitutes. See Adultery
Protection. See Borg

Baid. See Here

Bam. A poor Englishman shall be given a ram worth fourpence, As. Ord. 1

Bape. See Adultery

Beeve 'gerefa'

The reeve shall be a witness to the buying of property, H. & E. 16 f. ; i Edw. 1 ;

II As. 10, 12

The reeve shall exculpate an esne of a bishop or the king, Wiht. 22

A nobleman who moves his residence may take his reeve, Ine 63

Of coming to terms with the reeve, when a thief is allowed to escape, Ine 73

The king's reeve shall provide a kinless prisoner with food, Alf. 1 § 3

If anyone makes an accusation before the king's reeve, Alf. 22

Traders shall bring their men before the king's reeve, Alf. 34

Beeves shall fix a day for deciding each suit, i Edw. Pr.

Suits concerning 'folkland' and 'bookland' shall be decided before the reeve,

I Edw. 2
Of reeves who do not exact legal fines, ii Edw. 2
Every reeve shall hold a meeting every four weeks, n Edw. 8
Of the reeves' duty to distribute charities, As. Ord. 1, 2
Of the reeves' duty to pay tithes etc., i As. Pr. 1, 4, 5
Of reeves who have been accessories of thieves, ii As. 3 § 2
Of reeves to act as witnesses when cattle etc. are exchanged, n As. 10, 12
Of reeves who are unwilling to carry out the king's commands, ii As. 25 ;

III As. 7 § 3 ; rv As. 7 ; V As. 1 § 2

Fines shall be exacted from reeves by the bishop, ii As. 25 § 1
Of the appointment of reeves to take charge of estates, iii As. 7 f.
Of a reeve who takes bribes, v As. 1 § 3

16—2

244 INDEX

Eeeve, continued

Of the nominated witnesses in every reeve's district, v As. 1 § 5
The ordinances of the bishops and reeves who belong to London, vi As. Pr.
An incorrigible thief shall be given back to the reeve, vi As. 1 § 4
Beeves shall lead the attack on powerful wrongdoers, vi As. 8 § 2, § 3
Beeves shall follow the trail of lost cattle, vi As. 8 § 4

If any of our reeves can devise additional rules for our association, vi As. 8 § 9
Every reeve shall exact a pledge of loyalty from his own shire, vi As. 10
Of reeves who will not exact pledges and permit secret compacts etc. , vi As. 11
Eelatives. See Kinsmen
Bent. See Gafol
Eespite. See also Fient, FriS

Of the respite granted to a fugitive by the king, archbishop, bishop, nobleman,

abbot, ealdorman, thegn, iv As. 6 § 1, § 2
If the fugitive is slain, rv As. Frag. 6 § 3
Bice (reign) Wiht. Pr.; (bishop's rice) Ine 45; (kingdom) As. Ord. Pr., i As.

Pr. Ld.
Bide

If a servant makes a journey of his own on horseback, Wiht. 10
Of Welsh horsemen who ride on the king's errands, Ine 33
Of riding to the ealdorman and king for help, Alf. 42 § 3
Of riding to apprehend one who defies the law, ii As. 20-§ 4; vi As. 8 § 2, § 3
Of the men from each tithing who must ride after lost cattle, vi As. 4
Every man with a horse shall ride out once if necessary, vi As. 5
Biht. See also Unriht
(i) Justice
If one man brings a charge against another, H. & E. 8
Justice shall be rendered within a week, H. & E. 10
He who entertains a stranger shall bring him to justice, H. & E. 15
If justice is demanded before a ' shu'eman ' or other judge, Ine 8
If anyone exacts redress before pleading for justice, Ine 9
A man may repudiate bail, if he is acting justly, Ine 41
Traders shall take with them only such men as they can bring to justice.

Alf. 34
Of demanding justice before having recourse to violence, Alf. 42 f.
Of doing justice in the presence of the reeve, i Edw. 2
If a lord refuses justice by aiding a wrongdoer, ii As. 3
Of bringing to justice a landless relative, ii As. 8
He who takes bribes and frustrates the just claims of another, u As. 17-

vAs.l§3
Of obtaining justice when cattle are missing, vi As. 5

(ii) Law, Custom, Bight
If a man dies it is right that the child should accompany the mother, H. & E. 6
Of paying fines etc. in accordance with established custom, H. & E. 12-
Wiht. 5 '

Of a lawful declaration of ownership of property, H. & E. 16 § 3
Of the Church's riht of expurgation, Wiht. 21 § 1
The servants of God shall duly observe their proper 'rule,' Ine 1
Of compensation decided by legal decision, Ine 5

Of payment of compensation for crime as the law directs, Alf. 1 S 8 2 81
3,38 . » . s ,

Of one compelled to aid in an unlawful undertaking, Alf. 1 § 1
If anyone publicly disregards the laws of the Church, Alf. 40 § 2
Of people who would not legally submit to the demands of the Church E & G
Pr. § 2 ' •

Of those who wish to promote law and order, E. & G. 6 § 6
Of one who sets himself against the laws of God and the king, E. & G. 6 § 7
Of vouching to warranty in accordance with the laws, i Edw. 1 § 2
Of withholding rights in 'bookland' and 'folkland,' i Edw. 2, § 1
No man shall withhold from another his rights, ii Edw. 1 § 2

INDEX 245

Siht, contimied

Reeves shall exact fines in accordance with the law, ii Edw. 2

Church dues shall be paid to where they are legally due, i As. 4

Reeves shall exact what is legally due to the king, i As. 5

Of the payment legally due for defending a thief, ii As. 1 § 5

Of lordless men from whom no legal satisfaction can be obtained, ii As, 2

Of attaching livestock in accordance with public law, ii As. 9

Of him who will not comply with the law, ii As. 20 § 1

An accused man must not be dismissed until he has complied with the

demands of the law, n As. 22 § 2
Of a freeman who may seek any lord he wishes, in As. 4 ; iv As. 5
Of a thief found guilty according to the public law, vi As. 1 § 1
Of those who prevent the exercising of legal rights, vi As. 8 § 2

Rihthamscyld; Abt. 32

RimaS; ii As. 9 ; see Oath

Road. See Highway

Robbery, Robbers 'wegreaf,' 'rea,flac.' See also Theft
If one freeman robs another, Abt. 9

If highway robbery is perpetrated with borrowed weapons, Abt. 19
Of robbing a slave on the highway, Abt. 89
If anyone commits an act of robbery, Ine 10
Of him who harbours robbers (criminals), iv As. 3

Rogation Days

If anyone steals during Rogation Days, Alf. 5 § 5

Fortresses shall be repaired by a fortnight after Rogation Days, ii As. 13
Compensation (without the fine) for theft may be paid until Rogation Days,
V As. 3 § 1

Rome-feoh. If anyone withholds Peter's Pence, E. & G. 6 § 1

Rope; II As. 28 § 1

Bugern; Wiht. Pr.

Sanctuary. See FriS

Sceatt ; Abt. 16, 30, 31, 33, 59, 60, 72, 77 § 1, (goods) 78, (price) 83, (property)
Ine 57; medsceatt (bribes), ii Edw. 4; ii As. 17; v As. i § 3; ciricsceatt,
Ine 4, 61; i As. 4 ; sawlsceatt, i As. 4
Scourging

If an esne make a journey on Sunday, Wiht. 10

If a slave makes offerings to devils, Wiht. 13

If a slave eats during a fast, Wiht. 15 ; E. & G. 8

If the esne of a bishop or the king is accused, Wiht. 22

If a lord wiU not clear an esne by his own oath, Wiht. 23

If a slave works on Sunday, Ine 3, § 1

If anyone is liable to be scourged and flees to a church, Ine 5 § 1

A Welshman may compound for a scourging, Ine 23 § 3

Of the right to scourge a penal slave, Ine 48

Of the oath to compel penal slaves to submit to scourging, Ine 54 § 2

If anyone scourges an unoffending commoner, Alf. 35 § 1

If a slave works during a festival, E. & G. 7 § 1

If a slave is found guilty in the ordeal, n As. 19

Of scourging male and female slaves, iv As. 6 § 5, § 7
Scyld

If the stoup is' taken away of one who has committed no offence, H. & E. 12

Of a thief caught in the act of committing an offence, Ine 37

If a man flees for any manner of offence to a monastery, Alf. 2
Seyldig

If a freeman works on Sunday he shall forfeit his healsfang, Wiht. 11

If a husband makes offerings to devils he shall forfeit his goods, Wiht. 12

If anyone has forfeited his life and flees to a church, Ine 5

He who fights in the king's house shall forfeit his property, Ine 6

Of selling a countryman over sea even though he is guilty, Ine 11

246 INDEX

Scyldig, continued

Of declaring a slain thief to be guilty, Ine 16

He shall forfeit a fine, who allows a thief to escape, Ine 28 § 1

A husband shall forfeit his share of the household property, Ine 57

A traitor shall forfeit his life and property, Alf . 4, § 2 ; ii As. 4

Of the amount to be forfeited for assaulting one who has the right of sanctuary,

Alf. 5
Of a defendant who must forfeit fines to the king, i Edw. 2 § 1
Of forfeiting the fine for insubordination, i Edw. 1 § 1
Of a lord who must forfeit his wergeld, n As. 3 § 1
He who plots against his lord shall forfeit his Ufe, n As. 4
He who deals in deadly spells etc. shall forfeit his life, n As. 6 § 2
Of men liable to the same punishment as a thief, ly As. 6 § 3 ; v As. Fr. § 3
Of forfeiting the wergeld for taking bribes from a thief etc., n As. 17, 20 § 8
He who attempts to rescue a thief shall forfeit his life, vi As. 1 § 4, § 5

Sea ' sffi '
A thief may be sold beyond the sea, Wiht. 26
Of selling a countryman over the sea, Ine 11
Of sending horses over the sea, ii As. 18
Of those willing to aid the king by land and sea, ii Edw. 1 § 1

Security 'wed,' 'friS.' See also Surety, Pledge
Of him who will not give his accuser security, Ine 8
Of taking security for intruding swine, Ine 49
Of compensation for wedbryce, Alf. 1 § 8

Hostages shall be given as security for peaceful behaviour, A. & G. 5
Of the obligation of an untrustworthy man to find security, ni As. 7 § 2
Of the public security, vi As. 8 § 9, 10, 11

Sele ' hall,' ' dwelling'

Of vouching to warranty at the king's residence, H. & E. 7, 16 § 1

Service vb. 'folgian, ' ' underfon '
Of a man who wishes to seek service in another district, Alf. 37
Of taking into service one who has been in the service of another, AU. 37 S 1

§ 2; n Edw. 7; n As. 22, in As. 4
Of landless men who have been serving in another shire, ii As. 8
Of taking into service one who has been dismissed, v As. 1 ; iv As. 4
A man free from crime may serve any lord he wishes, v As. 1 § 1

Seven
Justice shall be done within seven days, Ine 8
We use the term 'thieves' if the number of men does not exceed seven

Ine 13 § 1
If a besieged wrongdoer submits after seven days, Alf. 42 § 1
Freemen shall have as holidays seven days before and after Easter, etc., Alf. 43
In Canterbury there shall be seven moneyers, ii As. 14 § 2
The meeting of the assembly shall be announced seven days previously, ii As 20

Shank (of bacon). As. Ord. 1

Share. See Dsel

Sheep

The value of an ewe and her lamb, Ine 55

A sheep shall retain its fleece tiU midsummer, Ine 69

Shields shall not be covered with sheepskin, h As. 15 ; in As. 8

A sheep shall be valued at a shilling, vi As. 6 § 2

Shield. See Weapons

Shin. Of compensation for injuries to, Alf. 63, 72

Shire (District), 'scir,' 'scirman,' ' serif tscir'
Of one who demands justice m the presence of any scirman, Ine 8
Of an ealdorman who must forfeit his shire, Ine 36 § 1
If a man steals from one district to another, Ine 39
If a man wishes to go from one district to another, Alf. 37
Of the division of fines between two districts, Alf. 37 § 1
Of the payment of lalislit in a Danish district, E. & G. 3 ff.

INDEX 247

Shire (District), continued
Of landless men who have been serving in another shire, ii As. 8
Of deported men who return to their native district, iv As. 3; v As. Pr. § 1, § 2
In every reeve's district there shall be nominated witnesses, v As. 1 § 5
If a trail is traced from one district to another, vi As. 8 § 4
Of the pledges reeves must exact from their shires, vi As. 10
If justice is demanded before a scirman, Ine 8
Of the bishop's scriftscir (diocese), ii As. 26

Shoulder

Compensation for injuries to, Abt. 38 ; Alf. 53, 68, 73, Ti

If a man carries a spear over his shoulder and anyone is transfixed, Alf. 36

§1
Sinew. Compensation for injuries to, Abt. 68; Alf. 75, § 1, 77
Sins; Wiht. 3, 4; i As. 3; As. Ord. Pr.
Skull (injaries to); Abt. 36, 37
Slander

If anyone utters a public slander and it is proved against him, Alf. 32
Slave. Penal slave, '/>eow,' see Witepeow

Fines for lying with slaves, Abt. H, 14, 16

Fine for robbing a slave, Abt. 89

If a slave steals, Abt. 90; Wiht. 27

If anyone grants freedom to a slave, Wiht. 8

If servile work is done on Sunday by an esne, Wiht. 9

If a slave sacrifices to devils, Wiht. 13

If a man gives meat to men in bondage during a fast, Wiht. 14

If a slave eats meat during a fast, Wiht. 15

If a slave works on Sunday, Ine 3, § 1

A freeman shall be reduced to slavery for working on Sunday, Ine 3 § 2

If a slave is sold over the sea, Ine 11

The amount to be paid for killing a slave, Ine 23 § 3

If an Englishman who is a penal slave absconds, Ine 24

If he is slain, Ine 24 § 1

A penal slave may be ransomed within 12 months, Ine 24 § 1

A slave may not be vouched to warranty, Ine 47; cf. n As. 24

Of the scourging of a penal slave for theft, Ine 48

If a stolen slave is attached, Ine 53

A slave may be included in the payment made for a dead man, Ine 54 § 1

Of the scourging of penal slaves (EngUshmen and Welshmen), Ine 54 § 2

If a Welsh slave slays an Englishman, Ine 74

The price of a slave, Ine 74, § 1

Of a slave with free relatives, Ine 74 § 2

No slave shall be included in the compensation paid to the surety of a mar-
riage, Alf. 18 § 1

If a slave of a commoner is raped, Alf. 25

If one slave rapes another, All. 25 § 1

The holidays granted to slaves, Alf. 43

Of the purchase of slaves, A. & G. 4

Of slaves trafficking between Danes and Englishmen, A. & G. 5

Of reduction to slavery for working during festivals, E. & G. 7 § 1

Of slaves who work during festivals, E. & G. 7 § 1, § 2

Of penal slaves who do servile labour, ii Edw. 6

One penal slave shall be liberated annually, As. Ord. 1

If a lord is accessory to theft by his slave, ii As. 3 § 1

If a slave is found guilty in the ordeal, ii As. 19

The fine to be paid for theft by a slave is half that to be paid by a freeman
II As. 19

Of a slave vouched to warranty, ii As. 24; cf. Ine 47

A slave, proved guilty of theft, shall not be spared, iv As. 6

Of payment for a male slave stoned to death for thieving, iv As. 6 § 5, S 6 •
VI As. 6 § 3

248 INDEX

Slave, continued

Of payment for a female slave stoned to death for thieving, iv As. 6 § 7

Of the slaves owned by members of the association, vi As. 6 § 3
Slaying. See also Death Penalty, Wergeld

If one man slays another on the king's premises, Abt. 5

If a man slays a freeman, Abt. 6.

If a man slays a king's smith or messenger, Abt. 7

If a king's fedesl is slain, Abt. 12

If one man slays another on a nobleman's premises, Abt. 13

If a man is slain with borrowed weapons, Abt. 20

Of the ordinary wergeld when one man slays another, Abt. 21

20 shillings must be paid before the grave is closed, Abt. 22

If a man slays the dependant of a commoner, Abt. 25, 26

If an esne slays an eane, Abt. 86

If an esne slays a noble or commoner, H. & E. 1, 2, 3, 4

If a homicide escapes, Abt. 23; H. & E. 2, 4

If a man is slain in the act of thieving, Wiht. 25

A stranger, leaving the road and nbt blowing a horn, may be slain, Wiht. 28 ;
Ine20

A man may be slain for fighting in the king's house, Ine 6

A thief shall be slain, Ine 12

Of him who kills a thief, Ine 16, 35

If a slain man's wergeld is claimed, Ine 20, 21

If anyone slays a foreigner, Ine 23, § 1, § 2

If a penal slave (an Englishman) is slain, Ine 24, § 1

He who has been on a foray in which a man was slain, Ine 34

If anyone is accused of homicide and wishes to deny it, Ine 54

If a Welsh slave slays an Englishman, Ine 74

If a godson or godfather is slain, Ine 76 f.

If one resisting capture is slain, Alf. 1 § 5

If a fugitive is slain during the time of asylum, Alf. 2 § 1

If the child of a nun is slain, Alf. 8 § 3

If anyone slays a woman with child, Alf. 9

If one man kills another unintentionally, Alf. 13

If a guardian is accused of causing the death of a ward, Alf. 17

If murder is committed with borrowed weapons, Alf. 19, § 1, § 2

If a priest slays a man, Alf. 21

If a band of marauders slays a commoner or nobleman, Alf. 26, 27, 28

If a man without paternal or (and) maternal relatives slays a man, Alf.
30, §1

If an Englishman or a Dane is slain, A. & G. 2

Of slaying one collecting church dues, E. & G. 6 § 6

Of one who brings about his own death, E. & G. 6 § 7

If an attempt is made to deprive of life a man in orders, or a stranger,
E. & G. 12

If one abandoned by kinsmen is slain, ii Edw. 6

Of a thief over twelve years old, ii As. 1 ; vi As. 1 § 1

An outlaw may be slain, n As. 2, § 1

No thief whatsoever shall be spared, ry As. 6, § 1, § 2

A fugitive thief shall be slain, iv As. 6 § 3

How a free woman who is a thief shall be slain, iv As. 6 § 4

A male slave, guilty of theft, shall be stoned, iv As. 6 § 5

A female slave, guilty of theft, shall be burned, rv As. 6 § 7

Those who aid and defend thieves shall be slain, vi As. 1 § 2, § 3, § 4, § 5

No one under fifteen years old should be slain, vi As. 12 § 1, § 2

No one shall be slain for stealing less than twelve pence, v: As. 12 § 3
Smith

If a smith in the king's service is slain, Abt. 7

A nobleman may take his smith with him when he moves, Ine 63

If a smith receives a tool to refurbish it, Alf. 19 § 3

INDEX 249

Son. See also Godson, Child

The son of a foreigner shall have a third of his father's wergeld, Ine 23

The wergeld of a Welsh taxpayer's son is 100 shillings, Ine 23 § 3
Sorcerers, B. & G. 11 ; Append, i
Soul, 'sawl'

Of Viim who wishes to have regard to the soul of a criminal, E. & G. 10
. Of giving a gesufel loaf for the souls of the dead, vi As. 8 § 6

sawlsceatt, i As. 4 ; urra sawla, Ine Pr.
Spear. See Weapons
Stealing. See Theft

Stocks 'hengen.' If one man puts another in the stocks, Alf. 35 § 2
Stoning. Of stoning a male slave to death, iv As. 6 § 5 ; cf. vi As. 6 § 3
Stoup. If one man takes away another's stoup, H. & E. 12 (13)
Stranger 'cuma,' 'gest,' 'frmmde,' 'sslJ>eodig man.' See also Foreigner

If a man entertains a stranger for three days, H. & B. 15

A stranger shall clear himself by his own oath, at the altar, Wiht. 20

If a stranger quits the road and neither shouts nor blows his horn, Wiht. 28 ;
Ine 20

If anyone claims the slain man's wergeld, Ine 21, § 1

If anyone attempts to deprive a stranger of his goods or life, E. & Q. 12
Suit 'sacu,' 'sprsee'

U one man brings a charge against another, H. & B. 8

If the accused refuses to provide a surety, H. & E. 9

Of a suit after it has been decided by arbitration, H. & B. 10

Of suits which involve an amount greater than 4 mancnses, A. <& G. 3

Every aprsec shall have a date fixed for its decision, i Edw. Pr. ; ii Edw. 8

Of honest men nominated to be witnesses in every suit, v As. 1 § 5

Of suits undertaken by the groups of a hundred, vi As. 3

Of suits about indemnities for livestock, vi As. 6 § 1

Of cases undertaken by the local authorities of two districts, vi As. 8 § 4

Of suits about stolen horses etc., vi As. 6 § 1, § 3

Of impudent claims (gemahlice sprsece) for compensation, vi As. 8 § 8
Summer

A cow in summer shall be given to maintain a child, Ine 38

A ceorles worSig shall be fenced winter and summer, Ine 40

A sheep shall retain its fleece tiU midsummer, Ine 69
Sunday

Of an esne and a freeman who work on Sunday, Wiht. 9, 11

If an esne makes a journey on Sunday, Wiht. 10

If a slave and a freeman work on Sunday, Ine 3, § 1, § 2

Of him who steals on Sunday, Alf. 5 § 5

Of trading on Sunday, E. & G. 7 ; ii As. 24 § 1 ; iv As. 2; vi As. 10

Capital offenders shall not be put to death on Sunday, B. & G. 9 § 1
Surety 'horg,' 'byrigea,' ' borgbryce.' See also Guardian, Security

Of a berigea for a fatherless child, H. & E. 6

One who is accused shall provide a surety, H. & E. 8

If he refuses to provide a surety, H. & B. 9

After a surety has been provided an arbitrator shall be found, H. & B. 10

If you have a surety for a thief, Ine 22

Of the borgbryce due to the byrgea of a marriage, Ine 31

A man may repudiate borg, Ine 41

Of him who surrenders himself into his surety's hands, Ine 62

Of the payment of compensation for borgbryce, Alf. 1 § 8

Of the borgbryce of the king, archbishop, bishop, ealdorman, Alf. 3

Of payment to the surety by a betrothed woman who commits fornication, Alf.
18 §1

Of a solemn pledge given under the sanction of God {godborg), Alf. 33

If a man in orders steals etc. he must find surety for the compensation,
E. & G. 3

Of him who wishes to place another's property in borg, i Edw. 1 § 5

250 INDEX

Surety, continued
Those who find a thief a lord shall stand surety for him, ii Edw. 3
If he knows no one who will stand surety for him, ii Edw. 3 § 1, § 2
The relatives of a thief shall stand as surety for him, ii As. 1 § 3
The relatives of a sorcerer etc. shall stand as surety, ii As. 6 § 1, § 2
Of men proved guilty in the ordeal who can find no surety, ii As. 7
Of placing an offender under surety, ii As. 20 § 1, § 4, § 5
Everyone shall stand surety for his men, iii As. 7, § 2
Of sureties which have been disregarded and violated, v As. Pr. § 3
A thief shall be slain unless his lord or his kinsmen wiU stand surety, vi As.

1§4
Of a thief when his relatives will not stand surety, vi As. 12 § 2

Swerian 'to swear'; Ine 19, 28, 35, 56; A. & G. 5; n As. 23, 26; vi As. 12 § 2

Swine ' sfwin'
If a tree that can shelter thirty swine is cut down, Ine 44
If anyone finds swine in his mast-pasture, Ine 49, § 1, § 2
Of the bacon when pannage is paid in pigs, Ine 49 § 3
A pig shall be valued at ten pence, vi As. 6 § 2

Syxhynde 'one whose wergeld is 600 shillings.' See also Nobleman. Ine 24 § 2,
70; Alf. 10, 18 § 2, 27, 28 § 1, 39 § 2, 40

Tail. An ox's tail is worth a shilling, a cow's 5 pence, Ine 59

Taxation. See Gafol

Teeth. Compensation for loss of, Abt. 51; Alf. 49, § 1, § 2

Ten

A ten-year-old child can be accessory to a theft, Ine 7 § 2

He who captures a thief shall have ten shillings, Ine 28

An ox's horn is worth ten pence, Ine 58

Of him who has a holding of ten hides, Ine 65

The food rent from every ten hides, Ine 70 § 1
Terms — coming to. See Geping
Theft. See also Robbery

Of property belonging to the Church, bishops, etc., Abt. 1

If a freeman robs the king, Abt. 4

If one freeman robs another, Abt. 9

If property is stolen from within an enclosure, Abt. 28

If a slave steals, Abt. 90

If a freeman steals a man, and the man accuses him, H. & E. 5

If a man steals property and the owner attaches it, H. & E. 7

If a thief is slain in the act, Wiht. 25

If a thief is caught in the act, Wiht. 26

Of the reward for catching a thief who is put to death, Wiht. 26 § 1

If a slave steals and is released, Wiht. 27

A stranger travelling off the road, and not blowing a horn, shall be taken for
a thief, Ine 20, 21; Wiht. 28

If anyone steals with, and without, the cognisance of wife and child, Ine 7

§1
A child of ten may be an accessory to theft, Ine 7 § 2
If a thief is taken (in the act), Ine 12
The limitation of the word ' thief,' Ine 13
Of a thief in the king's j)ower, Ine 15 § 2
Of the associates of a slain thief, Ine 16
He who finds meat stolen and hidden, Ine 17
If a member of your household (geneat) thieves, Ine 22
If stolen property is attached, Ine 25 § 1, 47, 75

He who captures a thief, or allows him to escape, Ine 28, § 1, § 2, 36, 72, 73
A thief shall be given up to the king, Ine 28
He who kills a thief and does or does not declare it, Ine 35
Of a thief often accused, Ine 37
If a man is accused of stealing or harbouring stolen cattle, Ine 46

INDEX 251

Theft, continued •

If an Englishman or a Welshman brings the aoousation, Ine 46 § 1

A man may clear himself of harbouring stolen goods, Ine 46 § 2

If a penal slave is accused of thieving, Ine 48

If a stolen slave etc. is attached, Ine 53

If a husband steals a beast, Ine 57

He who steals on Sunday, at Christmas, etc., Alf. 5 § 5

He who steals anything from a church, Alf. 6

The fines for stealing gold, horses, bees, etc., Alf. 9 § 1, § 2, § 3

If anyone steals a cow, mare, foal, Alf. 16

Of theft by a man of a lower order than king's thegn, A. & G. 3

If a man in orders steals, E. & G. 3

Of those who have found a lord for one accused of theft, ii Edw. 3

Of theft of over eight pence, by a twelve-year-old thief, n As. 1

If anyone spares such a thief, ii As. 1 § 1, § 2

If a thief is put in prison he shall stay there forty days, ii As. 1 § 3, § 4

If anyone defends a thief or renders him assistance, ii As. 1 § 5

Of a lord etc. who is accessory to theft by one of his slaves, ii As. 8 § 1, § 2

Of those who avenge a thief, ii As. 6 § 2, § 3

Of trial by ordeal for those accused of theft, ii As. 7

Of him who demands redress for a slain thief, n As. 11

Of him who takes bribes from a thief, ii As. 17

Of the punishment for theft, ii As. 20 § B

Of those of such powerful kindred that they cannot be restrained, ni As. 6;
IV As. 3

A thief, man or woman, noble or commoner, whether taken in the act or not,
shall have no right of appeal if proved guilty, iv As. 6

Of a thief who seeks the king, archbishop, or a church, etc., iv As. 6 § 1, § 2

If a thief escapes he shall be pursued to his death, iv As. 6 § 3

Of the payment of compensation for theft, without the fine, v As. 3 § 1

Of the punishment of thieves over twelve years old, vi As. 1 § 1; cf. vi As.
12 f.

Of the disposal of a thief's property if he is put to death, vi As. 1 § 1

Of harbouring and defending thieves, vi As. 1 § 2, § 3, § 4

Of a thief proved guilty in the ordeal, vi As. 1 § 4

Of ViJTn who wishes to avenge a thief, vi As. 1 § 5

Of the reward for killing a thief, vi As. 7

Of thieves who cannot be proved guilty on the spot, vi As. 9
Thegn

How a king's thegn shall clear himself, Wiht. 20 ; A. & G. 3

Of the burgbryce of a king's thegn, Ine 45

If anyone accuses a king's thegn of homicide, A. & G. 3

Of the oath of a king's thegn, A. & G. 3

Of the thegns of Kent, m As. Pr.

Of the respite granted to a fugitive by a thegn, iv As. 6 § 2

Of a thegn who does not obey the king's ordinances, iv As. 7

Of a thegn who takes bribes etc., v As. 1 § 4

Of thegns in possession of land who permit secret compacts etc., vi As. 11
Throat. Compensation for injury to, Alf. 51; Abt. 49(?)
Thumb

Compensation for injuries to, Abt. 54, § 1 ; Alf. 56, § 1

Of pannage when the bacon is a thumb thick, Ine 49 § 3
Tithe 'teoffung'

Of withholding tithes in a Danish and an English district, E. & G. 6

^thelstan's ordinance relating to tithes, i As. ; iii As. 1 § 1
Tithing 'teoSung'

Of dividing the people into groups of ten, vi As. 3

Of the levy on the tithings to trace lost cattle, vi As. 4

The officials of the tithings shall meet once a month, vi As. 8 § 1
Toe. Compensation for injuries to, Abt. 70-72 ; Alf. 64-§ 4

252 INDEX

Tongue

Of the punishment for uttering a public slander, Alf . 32

The tongue and eye shall be valued at the same price, Alf. 52, 47
Tracing Trail. See also Cattle

He who traces meat which has been stolen and hidden, Ine 17

Of the men appointed to guide others in tracing cattle, ii Edw. 4

The traU of lost cattle may serve for a,fore-aS, v As. 2

Of provisions for tracing lost cattle, vi As. 4, 8 § 4

Of defraying the cost of tracing cattle, vi As. 7
Trading. Traders

If a trader from over the border is entertained for three days, H. & E. 15

Of a trader who makes his way inland, Ine 25

If stolen property in the hands of a trader is attached, Ine 25 § 1

Of the men traders take with them on their journeys, Alf. 34

Of the days on which slaves may sell, Alf. 43

Of trading between Danes and English, A. & G. 5

Of trading on Sunday, E. & G. 7; ii As. 24 § 1; iv As. 2; vi As. 10

No one shall trade except in a market town, i Edw. 1

The fine for trading outside a market town, i Edw. 1 § 1

No one shall exchange cattle unless he has a trustworthy witness, n As. 10

No one shall buy goods worth more than 20 pence outside a tovm, ii As. 12

All trading shall be carried on in a town, ii As 13 § 1

No man shall send a horse across the sea, ii As. 18

Of permission to trade outside a town, iv As. 2
Treasurer 'hordere'

Of royal treasurers who have been accessories of thieves, ii As. 3 § 2

The treasurer etc. shall witness the exchange of cattle, ii As. 10
Tree

If a stranger travels through a wood off the highway, Ine 20 ; cf . Wiht. 28

Of destroying trees by fire, Ine 43 ; Alf. 12

Of felling trees with an axe, Ine 43 § 1; Alf. 12

Of cutting down a tree that can shelter thirty swine, Ine 44

If a man is killed while felling trees in company, Alf. 13
Tun

If a man is slain in the king's tun, Abt. 5

If a man is slain in a nobleman's tun, Abt. 13

Of making forcible entry into another's tun, Abt. 17

Of the witnesses when anyone is charged with stealing a man, H. & E. 5

A perjurer shall be put in prison at a king's tun, Alf. 1 § 2

If commoners have to fence a gmrs-tun, Ine 42

Of fines to be divided among the poor of a tun, As. Or. 2

A swearer of a false oath shall not be buried in a consecrated Uctun, ii As, 26
Twelfhynde ' one whose wergeld is 1200 shillings.' See also Nobleman. Ine 19,

70; Alf. 10, 18 § 3, 28, § 1, 39 § 2, 40; vi As. 8 § 2
Twelve. Twelvefold compensation, Abt. 1 ; Ine 4; of one left unrausomed for
twelve months, Ine 24 § 1 ; twelve shillings will buy off a scourging, Ine
23 § 3; of an oath in twelve churches, Alf. 33; twelve ores, E. & G. 3 § 2,
7; of the twelve men in each party at an ordeal, ii As. 23 § 2; theft of
goods worth twelve pence by thieves twelve years old, vi As. 1 § 1, 12 § 1,
§3
Twyhynde ' one whose wergeld is 200 shillings. ' See also Commoner. Ine 38,
34 § 1, 70; Alf. 26 ; A. & G. 2 ; vi As. 8 § 2

Unaliefed 'without permission.' See Permission

Unceas ' inhostility, ' Ine 35. See Vendetta

Underfon 'to take into service,' 'receive,' Alf. Introd. 19 §3, 37 §2; ii Edw. 7;

II As. 22; V As. 1
Ungewintred (wifmon), Alf. 29. See Maiden
Unlandagende, Ine 51. See Land
Unmaga 'helpless person,' Alf. 17. See Child

INDEX 253

Unoffending 'unsynnig'
If one servant slays another who has committed no offence, Abt. 86
If a band of marauders slays an unoffending man, Alf. 26-28 § 1
Of offences against an unoffending commoner, Alf. 35-§ 6

Unriht 'unlawful,' Alf. 1 § 1. See Biht

Unrihthsemed, Wiht. 3. See Adultery

Unscyldig, Ine 2 § 1 (H) ; ii As. 23. See Scyldig

Vendetta

Vendetta against him who captures a thief is forbidden, Ine 28

Vendetta against him who kills a thief is forbidden, Ine 35

Of vendetta against a Welsh slave who kills an Englishman, Ine 74 § 1

Of ransoming a slave from vendetta, Ine 74 § 2

Of a man without relatives who commits homicide, Alf. 30 § 1

When a man may fight without being liable to vendetta, Alf. 42 § 5-§ 7

Of instituting an unjustifiable vendetta, ii As. 20 § 7

Vengeance 'wracu,' 'wrecan'
If anyone exacts redress before pleading for justice, Ine 9
Of attempting the life of strangers and ecclesiastics, E. & G. 12
Of those who avenge, or seek to avenge a thief, ii As. 6 § 2, § 3
If anyone tries to avenge one who has been put to death, ii As. 20 § 7
Of a thief who shall be slain on pa Jieofwrace, n As. 1 § 4
Of him who wishes to avenge a thief, vi As. 1 § 5
Of rewarding him who avenges a wrong done to us all, vi As. 7
Of avenging wrongs done by powerful groups of kinsmen, vi As. 8 § 3

Vouching to Warranty Heam'; vb. ' (ge)tieman'

Of vouching stolen goods to warranty at the king's residence, H. & E. 7, 16, § 1,

§2, §3
If a man is vouched to warranty who has previously disowned the transaction,

Ine 85 § 1
A slave may not be vouched to warranty, Ine 47 ; cf. ii As. 24
Of vouching to warranty a dead man's grave, Ine 53, § 1
If a stolen chattel is attached and is vouched to warranty, Ine 75
Every man shall have knowledge of his warrantor, A. & G. 4
Every man shall have a warrantor to his transactions, i Edw. 1
How far the production of warrantors shall be continued, i Edw. 1 § 1
Of the procedure in vouching to warranty, i Edw. 1 § 2-§ 4
Of vouching to warranty when an evil man brings a counter-charge, i Edw. 1

§5
If a man buys cattle and afterwards has to vouch it to warranty, ii As. 24

Walls. Of sanctuary within the walls of a church, E. & G. 1
Warranty. Warrantor. See Vouching

Water. Of the ordeal by water, ii As. 23, § 1, 2 ; Append, u
Weapons 'wsepen,' 'spere,' 'sweord,' 'scyld'

Of lending weapons, Abt. 18, 19, 20

If a man draws his weapon where men are drinking, H. & B. 13, 14

If anyone lends a sword or spear to an esne, Ine 29

Of a man who shall surrender his weapons, Alf. 1 § 2

Of a man who shall forfeit his weapons, Alf. 1 § 4

If a fugitive surrenders his weapons, Alf. 5 § 3

If anyone draws his weapons in the king's hall, Alf. 7

If anyone draws his weapon before an archbishop, ealdorman, etc., AU. 15, 38
§ 1, § 2, 39, § 1, § 2

If anyone lends a weapon to another to commit murder, Alf. 19, § 1, 2

If a sword-furbisher receives a weapon, Alf. 19 § 3

If a man is transfized by a spear, Alf. 36, § 1, § 2

If an adversary surrenders his weapons, Alf. 42 § 1, § 4

No shieldmaker shaU cover a shield with sheepskin, ii As. 15 ; iii As. 8
Wedd. See Security, Pledge

254 INDEX

Welshmen . , , t no o o

The wergeia of a Welsh gafolgelda and his son and the price of slaves, Ine i6%i
A Welshman may compound for a scourging, Ine 23 § 3
The wergeld of a Welshman who owns five hides, Ine 24 § 2
The wergeld of a Welshman who owns a hide or half a hide, Ine 32
The wergeld of a Welsh horseman in the king's service, Ine 33
If a Welshman charges a man with stealing cattle, Ine 46 § 1
Of scourging a Welsh penal slave, Ine 54 § 2
Of Welsh ale to be paid as part of food rent, Ine 70 § 1
If a Welsh slave slays an Englishman, Ine 74, § 1
An absconding slave shall receive the same treatment as a Welsh thief, vi As.

6§3
Wergeld 'lead,' 'leodgeld,' 'wergeld'
Of a king's smith or messenger (medume leodgeld), Abt. 7
The ordinary wergeld (medume leodgeld) is 100 shillings, Abt. 21; H. & E. 3
The wergeld (Uod) must be paid within 40 days, Abt. 22
Of the relatives' obligation to pay half the wergeld (lead), Abt. 23
How the wergeld shall be paid, Abt. 30
Of the payment of the wergeld for adultery, Abt. 31
Three wergelds (leudgeld) shall be paid for destroying the generative organ,

Abt. 64
The wergeld of a nobleman, H. & B. 1
Payment of two wergelds for a homicide, H. & E. 4
The wergeld of a manumitted slave belongs to his emancipator, Wiht. 8
No wergeld shall be paid for a slain thief, Wiht. 25
A thief may be ransomed by his wergeld, Wiht. 26
Of him who sells his countryman, bond or free, over the sea, Ine 11
A thief may redeem his life by payment of his wergeld, Ine 12
For being one of a here the wergeld must be paid, Ine 15
Of a member of the king's household whose wergeld is 1200 shillings, Ine 19
If anyone claims a slain man's wergeld, Ine 20, 21
The division of a foreigner's wergeld, Ine 23, § 1, § 2
The wergelds of Welshmen, Ine 23 § 3, 24 § 2, 32, 33
The wergeld of an illegitimate child, Ine 27
The wergeld must be paid for harbouring a fugitive, Ine 30
Payment of the wergeld of a man slain on a foray, Ine 34, § 1
When a thief's wergeld must be paid, Ine 35, 36
Payment of the wergeld in kind, Ine 54, § 1

The proportion between wergelds and manbot, Ine 70, 76, § 1, § 2, § 3
The wergeld must be paid before the fine, Ine 71
If a wergeldSeof is caught and escapes, Ine 72
Of provision for the payment of the wergeld when a Welsh slave slays an

Englishman, Ine 74 § 1
When no wergeld is paid, Alf. 1 § 5
The wergeld must be paid for killing a fugitive who has right of asylum,

Alf, 2, § 1
The wergeld shall be paid by a fugitive who has been fighting in the king's

hall, Alf. 7 § 1
The wergeld of a nun's child, Alt. 8 § 3
The wergeld of a woman with child, Alf. 9
Of combination to pay a wergeld, Alf. 19, § 1, § 2
Of the wergeld when a priest slays a man, Alf. 21

Of the wergeld when a man is slain by a band of marauders, Alf. 26, 27, 28, § 1
Of the responsibility of relatives and associates for the wergeld, Alf. 30, § 1
Of the wergeld of a man \vithout relatives, Alf. 31
Of the wergeld when a man is transfixed on a spear, Alf. 36, § 1, § 2
Of the wergeld to be paid for fighting in the presence of an ealdorman etc.,

Alf. 38
The wergeld of Danes and Englishmen, A. & G. 2
Of the payment of wergeld for heathen practices etc., E. & G. 2, 3

INDEX 255

Wergeld, continued
Of the payment of wergeld for fighting one collecting divine dues, E. & G. 6 § 5
When no wergeld shall be paid, E. & G. 6 § 7
Of kinsmen who have no right to the wergeld, ii Edw. 6
If anyone spares a thief etc. he shall pay to the amount of his wergeld, iz As.

1 § 1, § 4, I 5
A lord shall forfeit his wergeld if an accessory to theft by his slave, ii As. 3

§1
Of the wergeld when death is due to witchcraft etc., ii As. 6 § 1
Of forfeiting the wergeld for taking bribes from a thief, ii As. 17
Of forfeiting the wergeld for harbouring a fugitive, n As. 20 § 8
Of paying the wergeld for a second violation of the ordinances, ii As. 25 § 2
Of ransoming a thief proved guilty in the ordeal, vi As. 1 § 4
Of a thief who must remain in bondage until his wergeld is paid, vi As. 12 § 2

Widow
The compensation to be paid for violation of her mund, Abt. 75
If a man takes a widow who does not belong to him, Abt. 76
She shall have haU the goods when her husband dies, Abt, 78
If a man dies leaving a wife and child, H. & E. 6; Ine 38
Everyone shall pay a shilling to the guild except poor widows, vi As. 2

Wife. See also Husband, Child, Adultery

Of providing a second wife for another man, Abt. 31

If a man dies leaving a wife and child, H. & E. 6

If a husband makes offerings to devils without his wife's knowledge, Wiht. 12

If anyone steals with, and without, the cognisance of his wife, Ine 7, § 1, 57

If anyone buys a wife and the marriage does not take place, Ine 31

If a husband has a child by his wife and dies, Ine 38

Of lying with the wife of a twelfhynde or syxhynde man, or of a commoner,

Alf. 10
If anyone finds a man lying with his wife, Alf. 42 § 7
Of the wives and children of powerful wrongdoers, iv As. 3 ; v As. Pr. § 1
Of the wife's share of thelproperty when her husband is put to death, vi
As. 1 § 1

Winter; H. & E. 6; Wiht. Pr. ; Ine 88, 40, 61; Alf. 29; ii As, 1; vi As. 1 § 1,
12 §1

Witches. Wizards; E. & G. 11; ii As. 6

Witefieow 'penal slave'; Ine 24, 48, 54 § 2; As. Ord. 1, See Slave

Wid'ertihtle ' counter-charge' ; i Edw. 1 § 5

Witness 'sewda,' 'gewitnes'

(i) Of the witnesses when a homicide escapes, H. & E. 2, 4

Of the witnesses when one is charged with stealing a man, H. & B. a

Of the witnesses when property is bought in London, H. & E. 16 f.

Of witnesses when oaths are sworn, Wiht. 19, 21, 23

If anyone bears false witness in the presence of a bishop, Ine 13

Of traders and their witnesses, Ine 25, § 1; i Edw. 1

Of the king and bishop as witnesses in land suits, Alf. 41

He who vouches another to warranty shall have witnesses, i Edw. 1 § 1, § 2

He who wishes to substantiate a plea of ownership shall have witnesses,

I Edw. 1 § 3
Of nominated witnesses, i Edw. 1 § 4 ; ii Edw. 2 ; v As. 1 § 5
Of selection from nominated witnesses, ii As. 9
The reeve, or mass-priest etc. shall be a witness to the exchange of cattle,

n As. 10
Of bearing false witness, ii As. 10 § 1

Of buying in a town before the town-reeve etc., ii As. 12; vi Ast 10
Of the witnesses at a trial by ordeal, ii As. 23, § 2
Of vouching to warranty cattle bought before a witness, ii As. 24
Of him who claims an indemnity for a horse, vi As. 6 § 1
A man should call his neighbours to witness when he has lost his cattle
VI As. 8 § 7

256 INDEX

Witness, continued

(ii) If a slave works without the cognisance (gewitnes) of his lord, lue 3 § 1
If a man steals with the cognisance {gewitnes) of his household, Ine 7 § 1
Of traders' declarations with the gewitnes of a gemot, Alf. 34
Of leaving a district with the cognisance (gewitnes) of the ealdorman, Alf. 37 1.
Of distributing alms and fines with the cognisance (gewitnes) of the bishop,

As. Ord. 1, 2
Of the gewitnes of the bishop that amends have been made by a perjurer,

n As. 26
Of seeking a lord with the gewitnes of a folcgemot, v As. 1 § 1

Wlite 'appearance' {-wamme) ; Abt. 56; Ine 26; vi As. 3, 6 § 1

Woman. See Maiden, Wife
If a freeborn woman with long hair misconducts herself, Abt. 78
Of the compensation to be paid to an unmarried woman, Abt. 74
If a man lies with a woman (cwyne) of an esne, Abt. 85
If anyone slays a woman with child, Alf. 9
If anyone seizes a young woman by the breast etc., Alf. ll-§ 5
If a young woman who is betrothed commits fornication, Alf. 18 § l-§ 3
In cases of incest the bishop shall take charge of the woman, E. & G-. 4
If two brothers lie with one woman, B. & G. 4 § 1
Of women guilty of thieving, iv As. 6
If a woman thieves and then takes to flight, rv As. 6 § 4

Wood
Of travelling through a wood off the highway, Ine 20; of. Wiht. 28
Of destroying and felling trees in a wood, Ine 43, § 1, 44; Alf. 12, 13

WorSig 'premises' (of a commoner); Ine 40

Wounds. See Injuries

Yard 'gyrd.' See also Land

If a man takes a yard of land at a fixed rent, Ine 67

Yf el 'e^il,' 'harm,' 'injury,' 'wrong'
If the king calls his lieges to him and anyone molests them, Abt. 2
Of lending weapons during a quarrel, Abt. 18; H. & E. 13
If a man entertains a stranger who does harm, H. & E. 15
Of a nobleman whose men do evil, Ine 50

Of one who commits an offence and leaves the district, Alf. 37 § 2
Of an evil man who wishes to put another's livestock under distraint, i Edw.

1§5
Of a lord who defends a wrongdoer, ii As. 3
Of taking into service one dismissed for evil conduct, v As. 1
Of standing surety for a kinsman against every form of crime, vi As. 1 § 4,
12 §2

Yoke 'geoht.' It a commoner hires a yoke of oxen, Ine 60

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