one accuse that man who is of less degree than the king's thegn, let him clear himself with xi. of his equals and with one king's thegn. And so in every suit which may be for more than iv. mancuses. And if he dare not, let him pay for it threefold, as it may be valued.

4. And that every man know his warrantor for men, and for horses, and for oxen.

5. And we all ordained on that day that the oaths were sworn, that neither bond nor free might go to the host without leave, no more than any of them to us. But if it happen that from necessity any of them will have traffic with us or we with them, with cattle and with goods, that is to be allowed in this wise that hostages be given in pledge of peace, and as evidence whereby it may be known that the party has a clean back.

A.D. cir. 920. Wessex. EDWARD; cap. 4. King Edward exhorted his witan, when they were at Exeter, that they should all search out how their 'frith' might be better than it had previously been; for it seemed to him that it was more indifferently observed than it should be, what he had formerly commanded. He then asked them who would apply to its amendment, and be in that fellowship that he was, and love that which he loved, and shun that which he shunned, both on sea and on land. That is, then, that no man deny justice to another; if any one so do, let him make 'bot' as it before is written for the first offence, with xxx. shillings; and for the second offence, the like; and for the third, with cxx. shillings to the king.

Cap. 11. I will that each reeve have a" gemot' always once in four weeks, and so do that every man be worthy of folk-right; and that every suit have an end, and a term when it shall be brought forward. If that any one disregard, let him make 'bot' as we before ordained.

Of Oaths.

Thus shall a man swear fealty oaths. By the Lord before whom this relic is holy, I will be to N. 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 aught of what is loathful to him; on condition that he me keep as I am willing to deserve, and all that fulfil that our agreement was, when I to him submitted and chose his will.

Of People's Ranks and Law.

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 throve, 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 thegn-right worthy.

3. And if a thegn throve, so that he served the king, and on his summons rode among his household; if he then had a thegn who him followed, who to the king's 'utware' 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 'foreoath' 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 thegn throve so that he became an eorl, then was he thenceforth of eorl-right worthy.

6. And if a merchant throve, so that he fared thrice over the wide sea by his own means, then was he thenceforth of thegnright worthy.

7. And if there a scholar were, who through learning throve, 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 bishop, that they that should make good as they soonest might.

Of Wergilds.

1. The north people's king's gild is 30,000 thrymsas; 15,000 are for the wergild, and 15,000 for the cynedom. The wer belongs to the kindred and the cynebot to the people.

2. An archbishop's and an aetheling's wergild is 15,000 thrymsas.

3. A bishop's and ealdorman's, 8000 thrymsas.

4. A hold's and a king's high reeve's, 4000 thrymsas.

F

5. A mass thegn's and a secular thegn's, 2000 thrymsas. 6. A ceorl's wergild is 266 thrymsas, that is 200 shillings by Mercian law. . . .

A.D. cir. 930.

ATHELSTAN. Conc. Greatanlea.

2. Of lordless men. And we have ordained, respecting those lordless men of whom no law can be got, that the kindred be commanded that they domicile him to folk-right, and find him a lord in the folk-mote; and if they then will not or cannot produce him at the term, then be he thenceforth a 'flyma,' and let him slay him for a thief who can come at him; and whoever after that shall harbour him, let him pay for him according to his 'wer,' or by it clear himself.

12. And we have ordained, that no man buy any property out of port over xx. pence; but let him buy there within, on the witness of the port-reeve, or of another unlying man; or further, on the witness of the reeves at the folk-mote.

20. If any one [when summoned] fail to attend the gemot thrice, let him pay the king's 'oferhyrnes,' and let it be announced seven days before the gemot is to be. But if he will

not do right, nor pay the 'oferhyrnes,' then let all the chief men belonging to the 'burh' ride to him, and take all that he has, and put him in 'borh.' But if any one will not ride with his

fellows, let him pay the king's'oferhyrnes.'

ATHELSTAN. Conc. Cant.; cap. 4. Quartum, ne aliquis recipiat alterius hominem sine licentia ejus cui ante folgavit, nec intra mercam nec extra. Et etiam ne dominus libero homini hlafordsoknam interdicat si eum recte custodierit.

Cap. 7. Septimum, ut omnis homo teneat homines suos in fidejussione sua contra omne furtum. Si tunc sit aliquis qui tot homines habeat quod non sufficiat omnes custodire, praeponat sibi singulis villis praepositum unum, qui credibilis sit ei, et qui concredat hominibus. Et si praepositus alicui eorum hominum concredere non audeat, inveniat xii. plegios cognationis suae qui ei stent in fidejussione. Et si dominus vel praepositus vel aliquis homo hoc infringat vel abhinc exeat, sit dignus eorum quae apud Greateleyam dicta sunt, nisi regi magis placeat alia justitia.

ATHELSTAN. Conc. Exon.; cap. 1. And let there be named in every reeve's 'manung' as many men as are known to be unlying, that they may be for witness in every suit. And be the oaths of these unlying men according to the worth of the property, without election.

ATHELSTAN. Judicia Civitatis Lundoniae; Preamble. This is the ordinance which the bishops and reeves belonging to London have ordained and with 'weds' confirmed, among our 'frith-gegildas' as well eorlish as ceorlish, in addition to the dooms which were fixed at Greatanlea and at Exeter and at Thunresfeld.

Cap. iii. That we count always x. men together, and the chief should direct the nine in each of those duties which we have all ordained; and [count] afterwards their 'hyndens' together, and one 'hynden man' who shall admonish the x. for our common benefit; and let these xi. hold the money of the 'hynden,' and decide what they shall disburse when aught is to pay, and what they shall receive, if money should arise to us at our common suit; and let them also know that every contribution be forthcoming which we have all ordained for our common benefit, after the rate of xxx. pence or one ox; so that all be fulfilled which we have ordained in our ordinances and which stands in our agreement.

Cap. viii. 1. That we gather to us once in every month, if we can and have leisure, the 'hynden-men' and those who direct the tithings, as well with 'bytt-fylling' as else it may concern us, and know what of our agreement has been executed and let these xii. men have their refection together, and feed themselves according as they may deem themselves worthy, and deal the remains of the meat for love of God.

2. And if it then should happen that any kin be so strong and so great, within land or without land, whether xii. 'hynde' or 'twy hynde;' that they refuse us our right, and stand up in defence of a thief; that we all of us ride thereto with the reeve within whose 'manung' it may be.

A.D. cir. 943. EDMUND. Conc. Culinton. Haec est Institutio quam Edmundus rex et episcopi sui, cum sapientibus suis, instituerunt apud Culintonam, de pace et juramento faciendo.

1. De Sacramento Fidelitatis Regi Edmundo faciendo. In primis ut omnes jurent in nomine Domini, pro quo sanctum illud sanctum est, fidelitatem Edmundo regi, sicut homo debet esse fidelis domino suo, sine omni controversia et seditione, in manifesto, in occulto, in amando quod amabit, nolendo quod nolet; et antequam juramentum hoc dabitur, ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo.

7. Ut quisque homines suos faciat credibiles, et de infamatis et haec praecepta negligentibus. Et omnis homo credibiles faciat homines suos et omnes qui in pace et terra sua sunt. Et omnes infamati et accusationibus ingravati sub plegio redigantur. Et

praepositus vel thaynus, comes vel villanus, qui hoc facere nolit, aut disperdet, emendet cxx. s. et sit dignus eorum quae supra dicta sunt.

A. D. 959-975.

EDGAR. Ordinance of the Hundred.

It cannot be determined without question what is the historical connexion between the system of the Hundred, as exemplified in the hundred warriors and the hundred counsellors of the Germania, and the later institution of police organisation and territorial division known under this name in England. The existence of a territorial subdivision intermediate between the vicus or township and the shire or under-kingdom, such as is known in various parts of England in the present day as the hundred, the wapontake, the lathe, or the rape, may be regarded as proved by numerous passages in Bede and the Chronicles; and this subdivision may be regarded as answering roughly to the pagus of Tacitus or the gau of Germany. But it is not equally clear when, how, or why the name of 'hundred' was first applied in the majority of the counties to this subdivision. It is sometimes stated that the hundred is a primitive subdivision consisting of a hundred hides of land, or apportioned to a hundred. families the great objection to which theory is the impossibility of reconciling the historical hundreds with any such computation. Another theory regards the use of the term as much more modern, and as arising from the police arrangement exemplified in the following document, and in two much earlier ones of Childebert and Clothaire, of the year 595, which exist among the Capitularies of the Frank kings. Upon this theory the hundred' was originally the association of a hundred persons for the conservation of peace and execution of law, parallel with the later institution of the tithing or association of ten freemen for a similar purpose. In process of time, the name of 'hundred' would naturally extend to the territory protected by this association, as the tithing itself became, in later times and in certain districts, a local division. This theory is