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 "wer" belongs to the kindred, and the "cyne-bōt" 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" "wēr-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 1. 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 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 "bōt" 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 "bot"; 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 "bot" 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 "wēr." 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 |