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Nor was it long before he gave his teachers a settled residence in his metropolis of Canterbury, with such possessions of different kinds as were necessary for their subsistence.

(Bede's Ecclesiastical History of England, book I, c. 25.

Ed. J. A. Giles, London, 1894.)

CHAPTER V

ANGLO-SAXON LAWS

The Dooms of the Kings Alfred, Athelstan, and Edgar,
Ancient Laws and Institutes of England, ed. Thorpe

The importance of the Anglo-Saxon laws as sources of English History is enhanced by the absence of authentic contemporary literature. Were it not for those laws, we should know but little of the period.

The law of a people is synchronous with the development of that people. Legislation not only indicates the progress of a race, but preserves its characteristics from generation to generation. In the selections given below it is sought to indicate the development of early English law from the crudest customary law to the more scientific enactments of the later Anglo-Saxon kings, and also to give the material which best illustrates the development of fiscal, political, and legal institutions of the early English.

25. Of a Man's Eye-Wound and of Various Other Limbs

From the Laws of King Alfred

If a man strike out another's eye, let him pay LX. shillings, and VI. shillings and VI. pennies and a third part of a penny, as "bōt." If it remain in the head, and he cannot see aught therewith, let one third part of the "bot" be retained.

If a man strike off another's nose, let him make "bōt" with LX. shillings.

If a man strike out another's tooth in the front of his head, let him make "bōt" for it with VIII. shillings: if it be the canine tooth, let IV. shillings be paid as "bōt." A man's grinder is worth XV. shillings.

If a man's tongue be done out of his head by another man's deeds, that shall be as eye-"bōt."

If a man be wounded on the shoulder so that the joint-oil flow out, let "bot" be made with XXX. shillings.

If the thumb be struck off, for that shall be XXX. shillings as "bōt,"

If the nail be struck off, for that shall be V. shillings as "bōt."

If the shooting [i.e. fore] finger be struck off, the "bot" is XV. shillings; for its nail it is IV. shillings.

If a man's thigh be pierced, let XXX. shillings be paid him. as "bot"; if it be broken, the "bot" is likewise XXX. shillings.

If the great toe be struck off, let XX. shillings be paid him as "bot"; if it be the second toe, let XV. shillings be paid as "bot"; if the middlemost toe be struck off, there shall be IX. shillings as "bot"; if it be the fourth toe, there shall be VI. shillings as "bōt"; if the little toe be struck off, let V. shillings be paid him.

If a man's arm, with the hand, be entirely cut off before the elbow, let "bōt" be made for it with LXXX. shillings. For every wound before the hair, and before the sleeve, and beneath the knee, the "bot" is two parts more.

26. Of Lordless Men

From the Laws of King Athelstan And we have ordained: respecting those lordless men of whom no law can be got, that the kindred be commanded that they domicile him to folk-right, and find him a lord in the folk-mote; and if they then will not or cannot produce him at the term, then be he thenceforth a "flyma," and let him slay him for a thief who can come at him: and whoever after that shall harbour him, let him pay for him according to his "wer," or by it clear himself.

27. Of Landless Men

From the Laws of King Athelstan And we have ordained: if any landless man should become a follower in another shire, and again seek his kinsfolk; that he may harbour him on this condition, that he present him to folkright if he there do any wrong, or make "bot" for him.

28. Of the Doom concerning Hot Iron and Water

From the Laws of King Athelstan

And concerning the ordeal we enjoin by command of God, and of the archbishop, and of all bishops: that no man come within the church after the fire is borne in with which the ordeal shall be heated, except the mass-priest, and him who shall go thereto: and let there be measured nine feet from the stake to the mark, by the man's feet who goes thereto. But if it be water, let it be heated till it low to boiling. And be the kettle of iron or of brass, of lead or of clay. And if it be a single accusation, let the hand dive after the stone up

to the wrist; and if it be threefold, up to the elbow. And when the ordeal is ready, then let two men go in of either side; and be they agreed that it is so hot as we before have said. And let go in an equal number of men of either side, and stand on both sides of the ordeal, along the church; and let these all be fasting, and abstinent from their wives on that night; and let the mass-priest sprinkle holy water over them all, and let each of them taste of the holy water, and give them all the book and the image of Christ's rood to kiss: and let no man mend the fire any longer when the hallowing is begun; but let the iron lie upon the hot embers till the last collect: after that, let it be laid upon the "stapela"; and let there be no other speaking within, except that they earnestly pray to Almighty God that he make manifest what is soothest. And let him go thereto; and let his hand be enveloped, and be it postponed till after the third day, whether it be foul or clean within the envelope. And he who shall break this law, be the ordeal with respect to him void, and let him pay to the king CXX. shillings as "wite."

"Wal-reaf" is a "nithing's" deed: if any one desire to deny it, let him do so with eight and forty full-born thanes.

29. Of Wer-Gilds

From the Laws of King Athelstan

1. The North people's king's "gild" is XXX. thousand "thrymsas"; fifteen thousand "thrymsas" are for the "wergild," and XV. thousand for the "cyne-dom." The "wēr” belongs to the kindred, and the "cyne-bot" to the people.

2. An archbishop's and an atheling's "wer-gild" is XV. thousand "thrymsas."

3. A bishop's and an "ealdorman's," VIII. thousand "thrymsas."

4. A "hold's" and a king's high-reeve's, IV. thousand "thrymsas."

5. A mass-thane's and a secular thane's, II. thousand "thrymsas."

6. A "ceorl's" "wer-gild" is CC. and LXVI. "thrymsas," that is CC. shillings by Mercian law.

7. And if a “Wilisc"-man thrive so that he have a hide of land, and can bring forth the king's "gafol," then is his "wergild" CXX. shillings. And if he thrive not except to half a hide, then let his "wer" be LXXX. shillings.

8. And if he have not any land, and yet be free, let him be paid for with LXX. shillings.

9. And if a "ceorlish" man thrive, so that he have V. hides of land for the king's "ut-ware," and any one slay him, let him be paid for with two thousand "thrymsas."

10. And though he thrive, so that he have a helm and coat of mail, and a sword ornamented with gold, if he have not that land, he is nevertheless a "ceorl."

II. And if his son and his son's son so thrive, that they have so much land; afterwards, the offspring shall be of "gesithcund" race, at two thousand ["thrymsas"].

12. And if they have not that, nor to that can thrive, let them be paid for as "ceorlish."

30. Of People's Ranks and Law

From the Laws of King Athelstan

I. It was whilom, in the laws of the English, that people and law went by ranks, and then were the counsellors of the nation of worship worthy, each according to his condition, "eorl" and "ceorl," "thegen" and "theoden."

2. And if a "ceorl" thrived, so that he had fully five hides of his own land, church and kitchen, bell-house and "burh"gate-seat, and special duty in the king's hall, then was he thenceforth of thane-right worthy.

3. And if a thane thrived, so that he served the king, and on his summons, rode among his household; if he then had a thane who him followed, who to the king's "ut-ware," five hides had, and in the king's hall served his lord, and thrice with his errand went to the king; he might thenceforth, with his "fore-oath," his lord represent, at various needs, and his plaint lawfully conduct, wheresoever he ought.

4. And he who so prosperous a vicegerent had not, swore for himself according to his right, or it forfeited.

5. And if a thane thrived, so that he became an "eorl," then was he thenceforth of "eorl"-right worthy.

6. And if a merchant thrived, so that he fared thrice over the wide sea by his own means; then was he thenceforth of thane-right worthy.

7. And if there a scholar were, who through learning thrived, so that he had holy orders, and served Christ; then was he thenceforth of rank and power so much worthy, as then to those orders rightfully belonged, if he himself conducted so as he should; unless he should misdo, so that he those orders' ministry might not minister.

8. And if it happened, that any one a man in orders, or a

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