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Full text of "The laws of the earliest English kings"

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the United States on the use of the text. 



http://www.archive.org/details/cu31924070153519 



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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