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he shall be sentenced to 15 shillings above the debt which he had promised.

2. If he then be unwilling to pay, he (the creditor) shall summon him before the "Thing" and thus accuse him: "I ask thee, 'Thunginus,' to bann my opponent who made me a promise to pay and owes me a debt." And he shall state how much he owes and promised to pay. Then the "Thunginus" shall say: “I bann thy opponent to what the Salic law decrees." Then he to whom the promise was made shall warn him (the debtor) to make no payment or pledge of payment to any body else until he have fulfilled his promise to him (the creditor). And straightway on that same day, before the sun sets, he shall go to the house of that man with witnesses, and shall ask if he will pay that debt. If he will not, he (the creditor) shall wait until after sunset; then, if he have waited until after sunset, 120 denars, which make 3 shillings shall be added on to the debt. And this shall be done up to 3 times in 3 weeks. And if at the third time he will not pay all this, it (the sum) shall increase to 360 denars, or 9 shillings: so, namely, that, after each admonition or waiting until after sunset, 3 shillings shall be added to the debt.

3. If any one be unwilling to fulfil his promise in the regular assembly, then he to whom the promise was made shall go to the count of that place, in whose district he lives, and shall take the stalk and shall say: oh count, that man made me a promise to pay, and I have lawfully summoned him before the court according to the Salic law on this matter; I pledge thee myself and my fortune that thou may'st safely seize his property. And he shall state the case to him, and shall tell how much he (the debtor) had agreed to pay. Then the count shall collect 7 suitable bailiffs, and shall go with them to the house of him who made the promise and shall say: "thou who art here present pay voluntarily to that man what thou didst promise, and choose any two of those bailiffs who shall appraise that from which thou shalt pay; and make good what thou dost owe, according to a just appraisal." But if he will not hear, or be absent, then the bailiffs shall take from his property the value of the debt which he owes. And, according to the law, the accuser shall take two thirds of that which the debtor owes, and the count shall collect for himself the other third as peace money; unless the peace money shall have been paid to him before in this same matter.

4. If the count have been appealed to, and no sufficient reason, and no duty of the king, have detained him and if he have put off going, and have sent no substitute to demand law and justice : he shall answer for it with his life, or shall redeem himself with his "wergeld."

TITLE LIV. CONCERNING THE SLAYING OF A COUNT

1. If any one slay a count, he shall be sentenced to 2400 denars, which make 600 shillings.

TITLE LV. CONCERNING THE PLUNDERING OF CORPSES

2. If any one shall have dug up and plundered a corpse already buried, and it shall have been proved on him, he shall be outlawed until the day when he comes to an agreement with the relatives of the dead man, and they ask for him that he be allowed to come among men. And whoever, before he come to an arrangement with the relative, shall give him bread or shelter - even if they are his relations or his own wife - shall be sentenced to 600 denars which make 15 shillings.

3. But he who is proved to have committed the crime shall be sentenced to 8000 denars, which make 200 shillings.

TITLE LVI. CONCERNING HIM WHO SHALL HAVE
SCORNED TO COME TO COURT

1. If any man shall have scorned to come to court, and shall have put off fulfilling the injunction of the bailiffs, and shall not have been willing to consent to undergo the fine, or the kettle ordeal, or anything prescribed by law: then he (the plaintiff) shall summon him to the presence of the king. And there shall be 12 witnesses who -3 at a time being sworn shall testify that they were present when the bailiff enjoined him (the accused) either to go to the kettle ordeal, or to agree concerning the fine; and that he had scorned the injunction. Then 3 others shall swear that they were there on the day when the bailiffs enjoined that he should free himself by the kettle ordeal or by composition; and that 40 days after that, in the "mallberg," he (the accuser) had again waited until after sunset, and that he (the accused) would not obey the law. Then he (the accuser) shall summon him before the king for a fortnight thence; and three witnesses shall swear that they were there when he summoned him and when he waited for sunset. If he does not then come, those 9, being

sworn, shall give testimony as we have above explained. On that day likewise, if he do not come, he (the accuser) shall let the sun go down on him, and shall have 3 witnesses who shall be there when • he waits till sunset. But if the accuser shall have fulfilled all this, and the accused shall not have been willing to come to any court, then the king, before whom he has been summoned, shall withdraw his protection from him. Then he shall be guilty, and all his goods shall belong to the fisc, or to him to whom the fisc may wish to give them. And whoever shall have fed or housed him - even if it were his own wife - shall be sentenced to 600 denars, which make 15 shillings; until he (the debtor) shall have made good all that has been laid to his charge.

TITLE LVII. CONCERNING THE "CHRENECRUDA"

1. If any one have killed a man, and, having given up all his property, has not enough to comply with the full terms of the law, he shall present 12 sworn witnesses to the effect that, neither above the earth nor under it, has he any more property than he has already given. And he shall afterwards go into his house, and shall collect in his hand dust from the four corners of it, and shall afterwards stand upon the threshold, looking inwards into the house. And then, with his left hand, he shall throw over his shoulder some of that dust on the nearest relative that he has. But if his father and (his father's) brothers have already paid, he shall then throw that dust on their (the brothers') children - that is, over three (relatives) who are nearest on the father's and three on the mother's side. And after that, in his shirt, without girdle and without shoes, a staff in his hand, he shall spring over the hedge. And then those three shall pay half of what is lacking of the compounding money or the legal fine; that is, those others who are descended in the paternal line shall do this.

2. But if there be one of those relatives who has not enough to pay his whole indebtedness, he, the poorer one, shall in turn throw the "chrenecruda" on him of them who has the most, so that he shall pay the whole fine.

3. But if he also have not enough to pay the whole, then he who has charge of the murderer shall bring him before the "Thing," and afterwards to 4 Things, in order that they (his friends) may take him under their protection. And if no one have taken him under his protection - that is so as to redeem him for what he can not pay - then he shall have to atone with his life.

TITLE LIX. CONCERNING PRIVATE PROPERTY

1. If any man die and leave no sons, if the father and mother survive, they shall inherit.

2. If the father and mother do not survive, and he leave brothers or sisters, they shall inherit.

3. But if there are none, the sisters of the father shall inherit. 4. But if there are no sisters of the father, the sisters of the mother shall claim that inheritance.

5. If there are none of these, the nearest relatives on the father's side shall succeed to that inheritance.

6. But of Salic land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex.

TITLE LXII. CONCERNING WERGELD

1. If any one's father have been killed, the sons shall have half the compounding money (wergeld); and the other half the nearest relatives, as well on the mother's as on the father's side, shall divide among themselves.

2. But if there are no relatives, paternal or maternal, that portion shall go to the fisc.

CHAPTER XXI

KING ÆTHELBIRHT'S DOOMS 1

These are the Dooms which King Æthelbirht established in the Days of Augustine.

1. The property of God and of the church, twelve-fold2; a bishop's property, eleven-fold; a priest's property, nine-fold; a deacon's property, six-fold; a clerk's property, three-fold; 'church-frith,'3 two-fold; 'm

frith,' two-fold.

2. If the king calls his 'leod' to him, and any one there do

1 [From BENJAMIN THORPE'S "Ancient Laws and Institutes of England" (vol. i, Secular Laws); (comprising Laws enacted under the Anglo-Saxon Kings from Æthelbirht to Cnut, with an English Translation of the Saxon; the Laws called Edward the Confessor's; the Laws of William the Conqueror, and those ascribed to Henry the First; also, Monumenta Ecclesiastica Anglicana, from the seventh to the tenth century; and the ancient Latin version of the Anglo-Saxon laws, with a compendious glossary, &c.), printed by command of King William IV under the direction of the Commissioners on the Public Records of the Kingdom (1840).]

Æthelbirht, king of Kent, fourth in succession after Hengist, was baptized by Augustine in the year 597, and died, according to Beda, after a reign of 56 years, on the 24th of February 616. "Hist. Eccles." ii. 5. The laws of Æthelbirht, as well as those of the other Kentish kings, are taken from the "Textus Roffensis," the only ancient Ms. in which they are found. In this copy, which is of the twelfth century, each series is written continuously; the several laws being distinguished, though not always accurately, by a large initial letter. The numbers prefixed to the different laws are from the edition published by Hickes in his "Thesaurus," and were probably added by J. a Laet; for the convenience of reference which they afford, they are here retained.

2 There is no verb in this law to fix the sense; but we learn from Beda that it is to be understood of the property of the church when stolen... "Hist. Eccl." ii. 5.

3 The Church-frith is what in the later documents is called the Churchgrith, or right of sanctuary and protection given to those within its precincts. By the present law, any infraction of this privilege subjected the offender to a two-fold penalty, or twice the amount of the fine payable for an invasion of the ordinary frith, or what in modern times has been termed a breach of the peace.

4 I have been unable to discover whether this meant a particular class of persons, such as the Leudes of France: or whether it is used in the ordinary sense of 'people.' . . .

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