Imatges de pàgina
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stranger, anywhere injured, by word or work; then pertained it to king and to the bishop, that they that should make good, as they soonest might.

31. This is the Ordinance how the Hundred shall be Held

From the Laws of King Edgar

First, that they meet always within four weeks: and that every man do justice to another.

2. That a thief shall be pursued...

If there be present need, let it be made known to the hundred-man, and let him [make it known] to the tithingmen; and let them all go forth to where God may direct them to go: let them do justice on the thief, as it was formerly the enactment of Edmund. And let the "ceap-gild" be paid to him who owns the cattle, and the rest be divided into two; half to the hundred, half to the lord, excepting men; and let the lord take possession of the men.

3. And the man who neglects this, and denies the doom of the hundred, and the same be afterwards proved against him; let him pay to the hundred XXX. pence, and for the second time sixty pence; half to the hundred, half to the lord. If he do so a third time, let him pay half a pound: for the fourth time, let him forfeit all that he owns, and be an outlaw, unless the king allow him to remain in the country.

4. And we have ordained concerning unknown cattle; that no one should possess it without the testimonies of the men of the hundred, or of the tithing-man; and that he be a well trusty man: and, unless he have either of these, let no vouching to warranty be allowed him.

5. We have also ordained: if the hundred pursue a track into another hundred, that notice be given to the hundredman, and that he then go with them. If he neglect this, let him pay thirty shillings to the king.

6. If any one flinch from justice and escape, let him who held him to answer for the offence pay the "angylde." And if any one accuse him of having sent him away, let him clear himself, as it is established in the country.

7. In the hundred, as in any other "gemōt," we ordain: that folk-right be pronounced in every suit, and that a term be fixed when it shall be fulfilled. And he who shall break that term, unless it be his lord's decree, let him make "bot" with XXX. shillings, and, on the day fixed, fulfil that which he ought to have done before.

8. An oxes bell, and a dog's collar, and a blast-horn; either of these three shall be worth a shilling, and each is reckoned an informer.

9. Let the iron that is for the threefold ordeal weigh III pounds; and for the single, one pound.

32. Here is the Ordinance of King Edgar

From the Laws of King Edgar

This is the ordinance that King Edgar, with the counsel of his "witan," ordained, in praise of God, and in honour to himself, and for the behoof of all his people.

These then are first: that God's churches be entitled to every right; and that every tithe be rendered to the old minster to which the district belongs; and that be then so paid, both from a thane's "inland,” and from "geneat-land," so as the plough traverses it.

Of Church-Scots

But if there be any thane who on his "boc-land" has a church, at which there is a burial-place; let him give the third part of his own tithe to his church. If any one have a church at which there is not a burial-place, then, of the nine parts, let him give to his priest what he will; and let every church-scot go to the old minster, according to every free hearth; and let plough-alms be paid, when it shall be fifteen days over Easter.

33. Of Tithes

From the Laws of King Edgar And let a tithe of every young be paid by Pentecost; and of the fruits of the earth by the equinox; and every churchscot by Martinmass, on peril of the full "wite" which the doom-book specifies: and if any one will not then pay the tithe, as we have ordained, let the king's reeve go thereto, and the bishop's, and the mass-priest of the minster, and take by force a tenth part for the minster to which it is due; and assign to him the ninth part; and let the eight parts be divided into two, and let the land-lord take possession of half, half the bishop; be it a king's man, be it a thane's.

34. Of the Hearth-Penny

From the Laws of King Edgar

And let every hearth-penny be rendered by St. Peter's mass-day: and he who shall not have paid it by that term, let him be led to Rome, and in addition thereto [pay] XXX.

pence, and bring then a certificate thence, that he has there rendered so much; and when he comes home, pay to the king a hundred and twenty shillings. And if again he will not pay it, let him be led again to Rome, and with another such “bōt"; and when he comes home again, pay to the king two hundred shillings. At the third time, if he then yet will not, let him forfeit all that he owns.

35. Of Festivals and Fasts

From the Laws of King Edgar

And let the festivals of every Sunday be kept, from noontide of the Saturday, till the dawn of Monday, on peril of the "wite" which the doom-book specifies; and every other massday, as it may be commanded: and let every ordained fast be kept with every earnestness; and every Friday's fast, unless it be a festival: and let soul-scot be paid for every Christian man to the minster to which it is due; and let every church"grith" stand as it has best stood.

36. Secular Ordinance

From the Laws of King Edgar Now this is the secular ordinance which I will that it be held. This then is first what I will: that every man be worthy of "folk-right," as well poor as rich: and that righteous dooms be judged to him; and let there be such remission in the "bōt" as may be becoming before God and tolerable before the world.

IN CASE ANY ONE APPLY TO THE KING: AND OF THE "WER"

And let no man apply to the king, in any suit, unless he at home may not be worthy of law, or cannot obtain law. If the law be too heavy, let him seek a mitigation of it from the king: and, for any "bot"-worthy crime, let no man forfeit more than his "wer."

OF UNRIGHTEOUS JUDGMENT

And let the judge who judges wrong to another pay to the king one hundred and twenty shillings as "bōt"; unless he dare to prove on oath, that he knew it not more rightly; and let him forfeit forever his thaneship; unless he will buy it of the king, so as he is willing to allow him: and let the bishop of the shire exact the "bot" into the king's hands.

IN CASE ANY ONE ACCUSE ANOTHER

And he who shall accuse another wrongfully, so that he, either in money or prosperity, be the worse; if then the other

can disprove that which any one would charge to him; be he liable in his tongue; unless he make him compensation with his "wer."

OF GEMOTS

And let the hundred-"gemōt" be attended as it was before fixed; and thrice in the year let a “burh-gemōt" be held; and twice, a shire-"gemōt"; and let there be present the bishop of the shire and the “ealdorman," and there both expound the law of God as the secular law.

OF "BORHS"

And let every man so order that he have a "borh"; and let the "borh" then bring and hold him to every justice; and if any one then do wrong and run away, let the "borh" bear that which he ought to bear. But if it be a thief, and if he can get hold of him within twelve months; let him deliver him up to justice, and let be rendered to him what he before had paid.

OF "TIHT-BYSIG" PERSONS

And he who is "tyht-bysig," and is untrue to the people, and has shunned these "gemōts" thrice; then let there be chosen from the "gemōt" those who shall ride to him, and then let him yet find a "borh" if he can: but if he cannot, let them seize him as they can, whether alive or dead; and take all that he owns; and let the accuser be paid an "angylde" for his "ceap-gild": and let the lord moreover take half, half the hundred; and if either a kinsman or a stranger refuse the riding, let him pay to the king a hundred and twenty shillings and let a notorious thief seek whatever he may seek, or he who is found plotting against his lord, so that they never seek life; unless the king will grant them salvation of life.

OF MONEY AND MEASURES

And let one money pass thoughout the king's dominion; and that let no man refuse: and let one measure and one weight pass; such as is observed at London and at Winchester; and let the wey of wool go for CXXX. pence; and let no man sell it cheaper; and if any one sell it cheaper, either publicly or privately, let each pay XL. shillings to the king, both him who sells it, and him who buys it.

This then is what I will: that every man be under "borh,” both within the "burhs," and without the "burhs"; and let witness be appointed to every "burh" and to every hundred.

To every "burh," let there be chosen XXXIII. as witness. To small "burhs," and in every hundred, XII.; unless ye desire more.

And let every man, with their witness, buy and sell every of the chattels that he may buy or sell, either in a "burh" or in a wapentake; and let every of them, when he is first chosen as witness, give the oath that he never, neither for money, nor for love, nor for fear, will deny any of those things of which he was witness, nor declare any other thing in witness, save that alone which he saw or heard: and of such sworn men, let there be at every bargain two or three as witness.

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