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47. The

measured off be divided into three sections. In the first division let him hold his right foot close to the stake. Then let him move his right foot across the second into the third division, where he shall cast the iron in front of him and hasten to the holy altar. Then let his hand be wrapped up, and on the third day let examination be made whether it is clean or foul within the wrapper. And whoever shall transgress these laws, be the ordeal of no worth in his case, but let him pay the king a fine of twenty shillings.

The last two selections, one from the laws of King Edgar, the other from those of King Æthelstan, will give some impression of the provisions of the Anglo-Saxon codes on special points. The following extracts from the Dooms of Alfred will give a fuller idea of their character. They were in many parts attempts to put moral law or biblical teachings into legal form; in other parts they were efforts to put the familiar customary law into more concrete shape; in still other parts they were similar to the tables of a modern accident-insurance company in their detailed provisions for the payment of fines and compensations to an injured party, in proportion to the extent of the injury.

I, then, Alfred, king, gathered these together, and comDooms of manded many of those to be written which our forefathers Alfred held, those which to me seemed good; and many of those which seemed to me not good I rejected them, by the counsel of my witan, and in other wise commanded them to be holden ; for I durst not venture to set down in writing much of my own, for it was unknown to me what of it would please those who should come after us. But those things which I met with, either of the days of Ine my kinsman, or of Offa, king of the Mercians, or of Ethelbert, who first among the English race received baptism, those which seemed to me the rightest, those I have here gathered together, and rejected the others.

I, then, Alfred, king of the West Saxons, showed these to The witan all my witan, and they then said that it seemed good to them join in issuing for all these to be holden.

the laws

At the first we teach that it is most needful that every man Punishment warily keep his oaths and his pledges. If any one be con- for perjury strained to either of these wrongfully, either to treason against his lord or to any unlawful aid, then it is juster to belie than to fulfill. But if he pledge himself to that which is lawful to fulfill, and in that belie himself, let him submissively deliver up his weapon and his goods to the keeping of his friends, and be in prison forty days in a king's town: let him there suffer whatever the bishop may prescribe to him; and let his kinsmen feed him, if he himself have no food. . :

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If any plot against the king's life, of himself, or by harboring exiles, or by his men, let him be liable in his life and in all that he has. . . .

We also ordain to every church that has been hallowed by a bishop this right of peace, if a man in a feud flee to or reach one, that for seven days no one drag him out. . . . He who steals on Sunday or at Christmas or at Easter or on Holy Thursday or on Rogation days, for each of these we will that the fine be twofold, as during the Lenten fast. . . .

If any one fight in the king's hall, or draw his weapon, and he be taken, be it in the king's doom, either death or life, as he may be willing to grant him. If he escape, and be taken again, let him pay for himself according to the value of his life. . . .

...

If a man strike out another's tooth in the front of his head, Compensalet him make compensation for it with eight shillings; if it be tions for the eyetooth, let four shillings be paid as compensation. A man's grinder is worth fifteen shillings.

A man's chin bone, if it be cloven, let twelve shillings be paid as compensation.

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

If the arm be broken above the elbow, there shall be fifteen shillings as compensation.

If the forearm be broken, the compensation is thirty shillings.

injuries

If the thumb be struck off, for that shall be thirty shillings as compensation.

If the nail be struck off, for that shall be five shillings as compensation.

If the shooting finger be struck off, the compensation is fifteen shillings; for its nail it is four shillings.

If the middlemost finger be struck off, the compensation is twelve shillings; and its nail is two shillings. . . .

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

If the great toe be struck off, let thirty shillings be paid him as compensation; if it be the second toe, let fifteen shillings be paid. . . .

He who smiteth his father or his mother shall perish by death.

He who stealeth a freeman and selleth him and it be proved against him so that he cannot clear himself, let him perish by death.

If a thief break into a man's house by night and he be then slain, the slayer shall not be guilty of manslaughter. But if he do this after sunrise he shall be guilty of manslaughter, and then he himself shall die, unless he were an unwilling agent. . . .

Swear ye never by heathen gods, nor cry ye unto them for

any cause.

CHAPTER VI

THE DANISH AND THE NORMAN CONQUESTS, 975-1071

I. THE DANISH CONQUEST

Although the attacks of the Northmen upon England had lasted intermittently for nearly two hundred years, they were now renewed, after a half century's interval, with still greater violence. Under the leadership of the kings of Denmark the invaders were far too strong for the English, and the fatal policy of buying them off by the payment of tribute was adopted. Even this was not successful, and after long and destructive contests the English king was forced to go into exile, while the Danish king was accepted by all the people of England, Danish and English alike. These occurrences are well brought out in the entries in the Chronicle for this period.

Chronicle

A.D. 991. This year was Ipswich ravaged, and after that 48. Extracts very shortly was Brihtnoth the ealdorman slain at Maldon, and from the Angloin that year it was decreed that tribute for the first time Saxon should be given to the Danish men, on account of the great terror which they caused on the seacoast: that was at first ten thousand pounds. This council was first given by Archbishop Sigeric.

A.D. 994. In this year came Olaf and Swegen to London on St. Mary's day with ninety-four ships; and then they continued fighting stoutly against the city, and would also have set fire to it. . . . Then the king and his witan decreed that they should be sent to and promised tribute and food, on condition that they should cease from their plundering. . .

Ethelred goes into

exile with

A.D. 1004. This year Swegen came with his fleet to Norwich and entirely spoiled and burned the town. Then decreed Ulfkytel, with the witan of East Anglia, that it were better that they should purchase peace of the army before they did very much harm to the land; because they had come unawares, and he had not time to gather his forces.

...

A.D. 1006. Then became the dread of the army so great that no men could think and discourse how they could be 'driven out of the land, or this land maintained against them; for they had every shire in Wessex sadly marked by burning and by plundering. Then the king began earnestly with his witan to consider what might seem advisable to them all, so that this land might be saved before it was utterly destroyed. Then the king and his witan decreed on behalf of the whole nation, though it was hateful to them all, that they needs must pay tribute to the army. Then the king sent to the army and directed it to be made known to them that he would that there should be a truce between them. . . .

A.D. 1007. In this year was the tribute delivered to the army, thirty-six thousand pounds.

A.D. 1013. Then departed the king at midwinter into the Isle of Wight, and was there during that season; and after that Duke Richard season he went over the sea to Richard, and was there with of Normandy him till such time as Swegen was dead. . . .

A.D. 1014. In this year King Swegen ended his days, and all the fleet then chose Cnut for king.

A.D. 1017. In this year King Cnut obtained the whole realm of the English race.

A.D. 1025. This year King Cnut went from England with fifty ships of English thanes to Norway and drove King Olaf out of the land, and possessed himself of all that land.

A.D. 1031. This year King Cnut went to Rome.

The same events as have just been described in the extracts from the Chronicle, that is to say, the return of the Danes, the battle of Maldon, in which Earl Brihtnoth was the leader, the payment of danegeld, the final

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