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The Anglo-Saxon Dooms The Laws of Kings Hlothhære and Eadric, 673-686. These are the dooms which Hlothhære and Eadric, Kings of the Kentishmen, Established 673-686. Hlothhære and Eadric, kings of the Kentishmen, augmented the laws, which their elders had before made, by these dooms, which hereafter say: 1. If any one's esne slay a man of an Eorl's degree, whoever it be, let the owner pay with three hundred shillings, give up the slayer, and add three manwyrths thereto. 2. If the slayer escape, let him add a fourth manwyrth, and let him prove, with good aewdas, that he could not obtain the slayer. 3. If any one's esne slay a freeman, whoever it be, let the owner pay with a hundred shillings, give up the slayer, and a second manwyrth thereto. 4. If the slayer escape, let the owner pay for him with two manwyrths; and let him prove, with good aewdas, that he could not obtain the slayer. 5. If a freeman steal a man; if the man return, and denounce him before the stermelda; let him clear himself, if he be able, and let him have the number of free aewda-men, and one with (himself) in the oath, each at the tun to which he belongs; if he be unable, let him pay. . . 16. If any Kentish-man buy a chattel in Lundenwic, let him then have two or three true men to witness, or the king's wic-reeve. If it be afterwards claimed of the man in Kent, let him then vouch the man who sold it to him to warranty, in the wic at the king's hall, if he know him, and can bring him to the warranty; if he can not do that, let him prove at the altar, with one of his witnesses or with the king's wic-reeve, that he bought the chattel openly in the wic, with his own property, and then let him be paid its worth; but if he can not prove that by lawful averment, let him give it up, and let the owner take possession of it.
These are the Dooms of Wihtræd, King of the Kentish-Men. In the reign of the most clement king of the Kentish-men, Wihtræd, in the fifth year of his reign, the ninth indiction, the sixth day of Rugern, in the place which is called Berghamstyde, where was assembled a deliberative convention of the great men, there was Birhtwald, archbishop of Britain, and the forenamed king; also the bishop of Rochester, the same was called Gybmund, was present; and every degree of the church of that province spoke in unison with the obedient people. There the great men decreed, with the suffrages of all, these dooms, and added them to the lawful customs of the Kentishmen, as it hereafter said and declared. . . . 16. Let the word of a bishop and of the king be, without an oath, incontrovertible. 17. Let the aldor of a minster clear himself with a priest's canne. 18. Let a priest clear himself by his own sooth, in his holy garment before the altar, thus saying: "Veritatem dico in Christo, non mentior." In like manner, let a deacon clear himself. 19. Let a clerk clear himself with four of his fellows, and he alone with his hand on the altar, let the others stand by, make the oath. 20. Let a stranger (clear himself) with his own oath at the altar; in like manner, a king's thane. 21. Let a ceorlish man clear himself with four of his fellows at the altar; and let the oath of all these be incontrovertible; then is the church canne right.
The Lord spoke these words to Moses, and thus said: "I am the Lord your God. I led you out of the land of the Egyptians, and of their bondage.@ Of oaths and of weds. 1. At the first we teach, that it is most needful that every man warily keep his oath and his wed. If any one be constrained to either of these wrongfully, either to treason against his lord, or to any unlawful aid; then it is juster to belie than to fulfil. But if he pledge himself to that which it is lawful to fulfil, 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 tun; let him there suffer whatever the bishop may prescribe to him; and let his kinsmen feed him, if he himself have no food. If he have no kinsmen, or have no food, let the king's reeve feed him. If he must be forced to this, and he otherwise will not, if they bind him, let him forfeit his weapons and his property. If he be slain, let him lie uncompensated. If he flee thereout before the time, and he be taken, let him be in prison forty days, as he should before have been. But if he escape, let him be held a fugitive, and be excommunicate of all Christ's churches. If, however, there be another man's borh, let him make bot for the borhbryce, as the law may direct him, and the wedbryce, as his confessor may prescribe to him. Of churchsocns 2. If any one, for whatever crime, seek any of the mynsterhams to which the king's feorm is incident, or other freehired which is worthy of reverence, let him have a space of three days to protect himself, unless he be willing to come to terms. If during this space, any one harm him by blow, or by bond, or wound him, let him make bot for each of these according to regular usage, as well with wer as with wite: and to the brotherhood one hundred and twenty shillings, as bot for the churchfrith: and let him not have forlongen his own. Of borhbryce 3. If any one break the king's borh, let him make bot for the plaint, as the law shall direct him; and for the borhbryce with five pounds of maerra pence. For an archbishop's borhbryce, or his mundbyrd, let him make bot with three pounds: for any other bishop's or an earldormans borhbryce, or mundbyrd, let him make bot with two pounds. Of plotting against a lord. 4. If any one plot against the king's life, of himself, or by harbouring of exiles, or of his men; let him be liable with his life and in all that he has; or let him prove himself according to his lord's wer. Of churchfryth 5. We also ordain to every church which has been hallowed by a bishop, this fryth: if a fahman flee to or reach one, that for seven days no one drag him out. But if anyone do so, let him be liable in the king's mundbyrd and the churchfryth; more if he there commit more wrong, if, despite of hunger, he can live; unless he fight his way out. If the brethren have further need of their church, let them keep him in another house, and let not that have more doors than the church. Let the churchealdor take care that during this term no one give him food. If he himself be willing to deliver up his weapons to his foes, let them keep him thirty days, and then let them give notice of him to his kinsmen. It is also churchfryth: if any man seek a church for any of those offences, which had not been before revealed, and there confess himself ill God's name, be it half forgiven. He who steals on Sunday, or at Yule, or at Easter, or on Holy Thursday, and on Rogation days; for each of these we will that the bot be twofold, as during Lent-fast. Of stealing in a church. 6. If any one thieve aught in a church, let him pay the angylde, and the wite, such as shall belong to the angylde; and let the hand be struck off with which he did it. If he will redeem the hand, and that be allowed him, let him pay as may belong to his wer. In case a man fight in the king's hall. 7. 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 his wergeld, and make bot for the offence, as well wer as wite, according as he may have wrought. Of fornication with a nun. 8. If any one carry off a nun from a minster, without the king's or the bishop's leave, let him pay a hundred and twenty shillings, half to the king, half to the bishop and to the church-hlaford who owns the nun. If she live longer than he who carried her off, let her not have aught of his property. If she bear a child, let not that have of the property more than the mother. If any one slay her child, let him pay to the king the maternal kindred's share; to the paternal kindred let their share be given. . . . Of those men who lend their weapons for man-slaying. 19. If any one lend his weapon to another that he may kill some one therewith, they may join together if they will in the wer. If they will not join together, let him who lent the weapon pay of the wer a third part, and of the wite a third part. If he be willing to justify himself, that he knew of no ill-design in the loan; that he may do. If a sword-polisher receive another man's weapon to furbish, or a smith a man's material, let them both return it sound as either of them may have before received it: unless either of them had before agreed that he should not hold it angylde. . . . Of confession of debt. 22. If any one at the folk-mote make declaration of a debt, and afterwards wish to withdraw it, let him charge it on a righter person, if he can; if he cannot, let him forfeit his angylde [and take possession of the wite.] . . . Of kinless men. 27. If a man, kinless of paternal relatives, fight, and slay a man, and then if he have maternal relatives, let them pay a third of the wer; his guild-brethren a third part; for a third let him flee. If he have no maternal relatives, let his guild-brethren pay half, for half let him flee. Of slaying a man thus circumstanced. 28. If a man kill a man thus circumstanced, if he have no relatives, let half be paid to the king; half to his guild-brethren. Of hloth-slaying of a two-hynde man. 29. If any one with a hloth slay an unoffending twy-hynde man, let him who acknowledges the death-blow pay wer and wite; and let every one who was of the party pay thirty shillings as hloth-bot. Of a six-hynde man. 30. If it be a six-hynde man, let every man pay sixty shillings as hloth-bot; and the slayer, wer and full wite. Of a twelve-hynde man. 31. If he be a twelve-hynde man, let each of them pay one hundred and twenty shillings; and the slayer, wer and wite. If a hloth do this, and afterwards will deny it on oath, let them all be accused, and let them then all pay the wer in common; and all, one wite, such as shall belong to the wer. Of those who commit folk-leasing. 32. If a man commit folk-leasing, and it be fixed upon him, with no lighter thing let him make bot than that his tongue be cut out; which must not be redeemed at any cheaper rate than it is estimated at according to his wer. . . . Of a holdgetael. 37. If a man from one holdgetael wish to seek a lord in another holdgetael, let him do it with the knowledge of the ealdorman whom he before followed in his shire. If he do it without his knowledge, let him who entertains him as his man pay 120 shillings as wite; let him, however, deal the half to the king in the shire where he before followed, half in that into which he comes. If he has done anything wrong where he before was, let him make bot for it who has their received him as his man; and to the king 120 shillings as wite. In case a man fight before an ealdorman in the gemot. 38. If a man fight before a king's ealdorman in the gemot, let him make bot with wer and wite as it may be right; and before this 120 shillings to the ealdorman as wite. If he disturb the folkmote by drawing his weapon, one hundred and twenty shillings to the ealdorman as wite. If aught of this happen before a king's ealdorman's junior, or a king's priest, thirty shillings as wite. Of fighting in a ceorlish man's flet. 39. If any one fight in a ceorlish man's flet, with six shillings let him make bot to the ceorl. If he draw his weapon and fight not, let it be half of that. If, however, either of these happen to a six-hynde man, let it increase threefoldly, according to the ceorlish bot to a twelve-hynde man, twofoldly, according to the six-hynde's bot. Of burh-bryce. 40. The king's burh-bryce shall be 120 shillings. An archbishop's, ninety shillings. Any other bishop's, and an ealdorman's, sixty shillings. A twelve-hynde man's, thirty shillings. A six-hynde man's, fifteen shillings. A ceorl's edorbryce, five shillings. If aught of this happen when the fyrd is out, or in Lent fast, let the bot be twofold. If any one in Lent put down holy law among the people without leave, let him make bot with 120 shillings. Of boc-lands. 41. The man who has boc-land, and which his kindred left him, then ordain we that he must not give it from his maeg-burg, if there be writing or witness that it was forbidden by those men who at first acquired it, and by those who gave it to him, that he should do so; and then let that be declared in the presence of the king and of the bishop, before his kinsmen. Of feuds. 42. We also command: that the man who knows his foe be homesitting fight not before he demand justice of him. If he have such power that he can beset his foe, and besiege him within, let him keep him within for seven days, and attack him not, if he will remain within. And, then, after seven days, if he will surrender, and deliver up his weapons, let him be kept safe for thirty days, and let notice of him be given to his kinsmen and his friends. If, however, he flee to a church, then let it be according to the sanctity of the church; as we have before said above. But if he have not sufficient power to besiege him within, let him ride to the ealdorman, and beg aid of him. If he will not aid him, let him ride to the king before he fights. In like manner also, if a man come upon his foe, and he did not before know him to be homestaying; if he be willing to deliver up his weapons, let him be kept for thirty days, and let notice of him be given to his friends; if he will not deliver up his weapons, then he may attack him. If he be willing to surrender, and to deliver up his weapons, and any one after that attack him, let him pay as well wer as wound, as he may do, and wite, and let him have forfeited his maegship. We also declare, that with his lord a man may fight orwige, if any one attack the lord: thus may the lord fight for his man. After the same wise, a man may fight with his born kinsman, if a man attack him wrongfully, except against his lord; that we do not allow. And a man may fight orwige, if he find another with his lawful wife, within closed doors, or under one covering, or with his lawfully-born daughter, or with his lawfully-born sister, or with his mother, who was given to his father as his lawful wife. Of the celebration of mass-days. 43. To all freemen let these days be given, but not to theow-men and esne-workmen: twelve days at Yule, and the day on which Christ overcame the devil, and the commemoration day of St. Gregory, and seven days before Easter and seven days after, and one day at St. Peter's tide and St. Paul's, and in harvest the whole week before St. Mary-mass, and one day at the celebration of All-Hallows and the four Wednesdays in the four ember weeks. To all theow-men be given, to those whom it may be most desirable to give, whatever any man shall give them in God's name, or they at any of their moments may deserve.
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