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These are the dooms which King Alfred and King Guthrum chose. And this is
the ordinance also which King Alfred and King Guthrum, and afterwards King
Edward and King Guthrum, chose and ordained, when the English and Danes
fully took to peace and to friendship; and the witan also, who were
afterwards, oft and unseldom that same renewed and increased with good.
This is the first which they ordained: that they would love one God, and
zealously renounce every kind of heathendom. And they established worldly
rules also for these reasons, that they knew that else they might not many
control, nor would many men else submit to divine bot as they should: and
the worldly bot they established in common to Christ and the king,
wheresoever a man would not lawfully submit to divine bot, by direction of
the bishops.
1. And this then is the first which they ordained: that
church-grith within the walls, and the king's hand-grith,
stand equally inviolate.
2. If any one violate Christianity, or reverence
heathenism, by word or by work, let him pay as well wer, as wite or lah-slit, according as the deed may be.
3. And if a man in orders steal, or fight, or forswear,
or fornicate, let him make bot for it according as the deed may be, as well
by wer, as by wite or by lah-slit; and, above all things, make bot before
God as the canon teaches, and find borh thereof, or yield to prison. And if
a mass-priest misdirect the people about a festival or about a fast, let him
pay thirty shillings among the English, and among the Danes three
half-marks. If a priest fetch not the chrism at the right term, or refuse
baptism to him who has need thereof, let him pay wite among the English, and
among the Danes lah-slit; that is, twelve ores.
Of incestuous persons.
4. And concerning incestuous persons, the witan have ordained that
the king shall have the upper, and the bishop the nether, unless bot be made
before God and before the world, according as the deed may be; so as the
bishop may teach. If two brothers or near kinsmen commit fornication with
the same woman, let them make bot very strictly, in such wise as it may be
allowed, as well by wer, as by wite or by lah-slit, according as the deed
may be. If a man in orders fordo himself with capital crime, let him be
seized and held to the bishop's doom.
5. If a man guilty of death desire confession, let it
never be denied him. And all God's dues let every one zealously further, by
God's mercy, and by the wites which the witan have annexed thereto.
6. If any one withhold tithes, let him pay lah-slit
among the Danes, wite among the English. If any one withhold Rom-feoh,
let him pay lah-slit among the Danes, wite among the English. If any one
discharge not light-scot, let him pay lah-slit among the Danes, wite
among the English. If any one give not plough-alms, let him pay lah-slit
among the Danes, wite among the English. If any one deny any divine dues,
let him pay lah-slit among the Danes, wite among the English. As if he fight
and wound any one, let him be liable in his wer. If he fell a man to death,
let him then be an outlaw, and let every one of those seize him with hearm who desire right. And if he so do that any one kill him, for that
he resisted God's law or the kings, if that be proved true, let him lie
uncompensated.
Of workings on a festival-day.
7. If any one engage in Sunday marketing, let him forfeit the
chattel, and twelve ores among the Danes, and thirty shillings among the
English. If a freeman work on a festival-day, let him forfeit his freedom,
or pay wite or lah-slit. Let a theow-man suffer in his hide or hide-gild. If
a lord oblige his theow to work on a festival-day, let him pay lah-slit
within the Danish law, and wite among the English.
Of feasts.
8. If a freeman break a lawful feast, let him pay wite or lahslit. If
a theowman do so, let him suffer in his hide or hide-gild.
Of ordeals and oaths.
9. Ordeal and oaths are forbidden on festival-days and lawful
fast-days; and he who shall break that, let him pay lah-slit among the
Danes, and wite among the English. If it can be so ordered, no one condemned
should ever be executed on the Sunday festival, but be secured and held till
the festival be gone by.
10. If a limb-maimed man who has been condemned or
forsaken, and he after that live three days then any one who is willing to
take care of sore and soul may help him, with the bishop's leave.
Of witches, diviners, perjurers, etc.
11. If witches or diviners, perjurers or morth-workers, or foul,
defiled, notorious adulteresses, be found anywhere within the land; let them
be driven from the country, and the people cleansed, or let them totally
perish within the country, unless they desist, and the more deeply make bot.
Of ecclesiastics and foreigners.
12. If any one wrong an ecclesiastic or a foreigner, through any
means, as to money or as to life, then shall the king or the eorl there in
the land, and the bishop of the people, be unto him in the place of a
kinsman and of a protector, unless he have another; and let bot be strictly
made, according as the deed may be, to Christ and to the king, as it is
fitting; or let him avenge the deeds very deeply who is king among the
people.
How a twelve-hynde man shall be paid for.
13. A twelve-hynde man's wer is twelve hundred shillings. A two-hynde
man's wer is two hundred shillings. If any one be slain, let him be paid for
according to his birth. And it is right that the slayer, after he has given
wed for the wer, find, in addition, wer-borh according as shall
thereto belong; that is, to a twelve-hynde's wer-borh, eight of the paternal
kins and four of the maternal kin. When that is done, then let the king's mund be established, that is, that they all of either kindred, with
their hands in common upon one weapon, engage to the mediator that the
king's mund shall stand. In twenty-one days from that day let 120 shillings
be paid as heals-fang at a twelve-hynde's wer. Heals-fang belongs to
no kinsman, except to those who are within the degrees of blood. In
twenty-one days from that day that the heals-fang is paid, let the manbot be
paid; in twenty-one days from this, the fight-wite; in twenty-one days from
this, the frum-gyld of the wer; and so forth, till it be fully paid,
within the time that the witan have appointed. After this they must depart
with love, if they desire to have full friendship. All men shall do with
regard to the wer of a ceorl that which belongs to his condition, like as we
have said about a twelve-hynde man.
Of Oaths.
Thus shall a man swear fealty oaths.
1. By the Lord, before whom this relic is holy, I will be to ____
faithful and true, and love all that he loves, and shun all that he shuns,
according to God's law, and according to the world s principles, and never,
by will nor by force, by word nor by work, do ought of what is loathful to
him; on condition that he keep me as I am willing to deserve, and all that
fulfil that our agreement was, when I to him submitted and chose his will.
Thus shall a man swear when he has discovered his property
and brings it in process.
2. By the Lord, before whom this relic is holy, so I my suit
prosecute with full folk-right, without fraud and without deceit, and
without any guile, as was stolen from me the cattle ____ that I claim, and
that I have attached with ____.
The other's oath with whom a man discovers his cattle.
3. By the Lord, I was not at rede nor at deed, neither counsellor nor
doer, where were unlawfully led away _____'s cattle. But as I cattle have,
so did I lawfully obtain it. And: as I vouch it to warranty, so did he sell
it to me into whose hand I now set it. And: as I cattle have, so did it come
to my own property and so it by folk-right my own possession is, and my
rearing.
The oath of him who discovers his property that he does it
not either for hatred or for envy.
4. By the Lord, I accuse not ____ either for hatred or for envy,
or for unlawful lust of gain; nor know I anything soother; but as my
informant to me said, and I myself in sooth believe, that he was the thief
of my property.
The other's oath that he is guiltless.
5. By the Lord, I am guiltless, both in deed and counsel, and of the
charge of which ____ accuses me.
His companion's oath who stands with him.
6. By the Lord, the oath is clean and unperjured which ____ has
sworn.
Oath if a man finds his property unsound after he has bought
it.
7. In the name of Almighty God, you did engage to me sound and clean
that which you sold to me, and full security against afterclaim, on the
witness of ____, who then was with us two.
How he shall swear who stands with another in witness.
8. In the name of Almighty God, as I here for ____ in true witness stand,
unbidden and unbought, so I with my eyes over-saw, and with my ears
over-heard, that which I with him say.
Oath that he knew not of foulness or fraud.
9. In the name of Almighty God, I knew not, in the things about which you
sued, foulness or fraud, or infirmity or blemish, up to that day's-tide that
I sold it to you: but it was both sound and clean, without any kind of
fraud.
10. In the name of the living God, as I money demand, so have I lack of
that which ____ promised me when I mine to him sold.
Denial.
11. In the name of the living God, I owe not to ____ sceatt or
shilling, or penny or penny's worth; but I have discharged to him all that I
owe him, so far as our verbal contracts were at first.
Of the oath and degree-bot of men in orders.
12. A mass-priest's oath, and a secular thane's, are in English law
reckoned of equal value; and by reason of the seven church-degrees that the
mass-priest, through the grace of God, has acquired, he is worthy of
thane-right.
Of the Mercian oath.
13. A twelve-hynde man's oath stands for six ceorls oaths: because,
if a man should avenge a twelve-hynde man, he will be fully avenged on six
ceorls, and his wer-gild will be six ceorls' wer-gilds. Bequeathed it and
died, he who it owned, with full folk-right, so as it his elders, with money
and with life, lawfully got, and let and left, in power of him, whom they
well gifted. And so it have, as he it gave, who had it to give, without
fraud and unforbidden; and I will possess it, as my own property, that that
I have; and ne'er for thee design, nor plot nor ploughland, nor turf nor
toft, nor furrow nor foot-mark, nor land nor leasowe, nor fresh nor marsh,
nor rough nor plain, by wood nor field, by land nor by strand, by weald nor
by water, but that will maintain, the while that I live; for there is no man
alive, who ever heard that any one made plaint against, or summoned him at
the hundred, or anywhere at gemot, in market-place, or among church-folk,
the while that he lived. Sackless he was in life, be he in the grave, so as
he may. Do as I teach: be you with yours, and leave me with mine: I covet
not yours, nor laeth nor land, nor sac nor socn: nor
need you mine; nor design I to you anything.
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