Our Legal Heritage Part 7

9. Covet thou not thy neighbor's goods unjustly.

10. Make thou not to thyself golden or silver G.o.ds."

If any one fights in the king's hall, or draws 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 offense, as well wer as wite, according as he may have wrought.

If a man fights before a king's ealdorman in the gemot, let him make bot with wer and wite as it may be right; and before this 120s. to the ealdorman as wite. If he disturbs the folkmote by drawing his weapon, 120s. to the ealdorman as wite. If any of this happens before a king's ealdorman's junior, or a king's priest, 30s. as wite.

If any one fights in a ceorlish man's dwelling, let him make bot of 6s.

to the ceorl. If he draws his weapon but doesn't fight, let it be half of that. If, however, either of these happens to a man with a wergeld of 600s., let it increase threefold of the ceorlish bot; and if to a man with a wergeld of 1200s., let it increase twofold of the bot of the man with a wergeld of 600s. Breach of the king's dwelling [breaking and entering] shall be 120s.; an archbishop's, 90s.; any other bishop's, and an ealdorman's, 60s.;. a 1200s. wergeld man's, 30s.; a 600s. wergeld man's, 15s.; and a ceorl's 5s.

If any one plot against the king's life, of himself, or by harboring 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.

If any one with a band or gang of men slays an unoffending man, let him who acknowledges the deathblow pay wer and wite. If the slain man had a wergeld of 200s, let every one who was of the gang pay 30s. as gangbot.

If he had a wergeld of 600s., let every one pay 60s. as gangbot. If he had a wergeld of 1200s., let every one pay 120s. If a gang does this, and afterwards denies 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.

If any one lends his weapon to another so he may kill some one with it, 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.

With his lord a man may fight free of liability for homicide, if any one attack the lord: thus may the lord fight for his man. Likewise, a man may fight with his born kinsman, if a man attack him wrongfully, except against his lord. And a man may fight free of liability for homicide, if he finds 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. If a man knows his foe is sitting at his home, he may not fight with him before he demands justice of him. If he has such power that he can beset his foe, and besiege him within, let him keep him within for seven days, and not attack him if he will remains within.

And, then, after seven days, if he surrenders, and gives up his weapons, let him be kept safe for thirty days, and let notice of him be given to his kinsmen and his friends. But if he does not have 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 know beforehand that he was staying at his home; if he is willing to give up his weapons, let him be kept for thirty days, and let notice of him be given to his friends; if he will not give up his weapons, then he may attack him. If he is willing to surrender, and to give 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 compensation to his kin. Every church shall have this peace: if a fugitive flee to one for sanctuary, no one may drag him out for seven days. If he is willing to give up his weapons to his foes, let him stay thirty days, and then let notice of him be given to his kinsmen. If any man confess in church any offenses which had not been before revealed, let him be half forgiven.

If a man from one holdgetael wishes to seek a lord in another holdgetael, let him do it with the knowledge of the ealdorman whom he before followed in his s.h.i.+re. If he does it without his knowledge, let him who treats him as his man pay 120s. as wite, one-half to the king in the s.h.i.+re where he before followed and one-half in that into which he comes. If he has done anything wrong where he was before, let him make bot for it who has there received him as his man; and to the king 120s.

as wite.

"If any one steals so that his wife and children don't know it, he shall pay 60 s.h.i.+llings as wite. But if he steals with the knowledge of all his household, they shall all go into slavery. A boy of ten years may be privy to a theft."

"If one who takes a thief, or holds him for the person who took him, lets the thief go, or conceals the theft, he shall pay for the thief according to his wer. If he is an eorldormen, he shall forfeit his s.h.i.+re, unless the king is willing to be merciful to him."

If any one steal in a church, let him pay the lawful penalty and the wite, 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.

If a man slanders another, the penalty is no lighter thing 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.

If one deceives an unbetrothed woman and sleep with her, he must pay for her and have her afterwards to wife. But if her father not approve, he should pay money according to her dowry.

"If a man seize hold of the breast of a ceorlish woman, let him make bot to her with 5 s.h.i.+llings. If he throw her down and do not lie with her, let him make bot with 10 s.h.i.+llings. If he lie with her, let him make bot with 60 s.h.i.+llings. If another man had before lain with her, then let the bot be half that. If this befall a woman more n.o.bly born, let the bot increase according to the wer."

"If any one, with libidinous intent, seize a nun either by her raiment or by her breast without her leave, let the bot be twofold, as we have before ordained concerning a laywoman."

"If a man commit a rape upon a ceorl's female slave, he must pay bot to the ceorl of 5 s.h.i.+llings and a wite [fine to the King] of 60 s.h.i.+llings.

If a male theow rape a female theow, let him make bot with his t.e.s.t.i.c.l.es."

For the first dog bite, the owner pays 6 s.h.i.+llings, for the second, 12 s.h.i.+llings, for the third, 30 s.h.i.+llings.

An ox which gores someone to death shall be stoned.

If one steals or slays another's ox, he must give two oxen for it.

The man who has land left to him by his kindred must not give it away from his kindred, if there is a writing or witness that such was forbidden by those men who at first acquired it, and by those who gave it to him; and then let that be declared in the presence of the king and of the bishop, before his kinsmen.

- Judicial Procedure -

Cases were held at monthly meetings of the hundred court. The king or one of his reeves, conducted the trial by compurgation.