have the fioh [her money and chattels] and the morgen-gyfe [morning gift: a gift made to the bride by her husband on the morning following the consummation of the marriage]. 82. If a man carry off a maiden by force, let him pay 50 shillings to her controller, and afterwards buy the consent of the controller [to the marriage]. 83. If she be betrothed to another man and money has changed hands, let him [who carried her off] make bot [to the intended bridegroom] with 20 shillings. 84. If restitution [of the girl] is made, bot of 35 shillings; and 15 shillings to the King. 85. If a man lie with an esne's [slave's]wife, her husband still living, let him make twofold bot. 86. If one esne [slave] slay another unoffending, let him pay for him at his full worth. 87. If an esne's [slave's] eye and foot be struck out or off, let him be paid for at his full worth. 88. If any one bind another man's esne [slave], let him make bot with 6 shillings. 89. Let [compensation for] weg-reaf [highway robbery] of a theow [slave] be 3 shillings. 90. If a theow steal, let him [the owner] make twofold bot [twice the value of the stolen goods]."

Judicial Procedure

The King and his freemen would hear and decide cases of wrongful behavior such as breach of the peace. Punishment would be given to the offender by the community. The bots, wers, and wites were high and often could not be paid. If a man could not or would not pay, he could be outlawed, to be killed by anyone with impunity or punished by hanging; beheading; burning; drowning; stoning; precipitation from a cliff; loss of ears, nose, upper-lip, hands and feet; castration; flogging; or sale into slavery.

There were occasional meetings of "hundreds", which were 100 households, to settle widespread disputes. The chief officer was "hundreder" or "constable". He was responsible for keeping the peace of the hundred.

The concept of a wrong to a person or his kindred is still primary and that of offense to the community secondary. Very slowly did the concept emerge that that members of the community must be content with legal remedies and must not seek private vengeance and that public offenses cannot be altered by private agreement.

The Druid priests decided all disputes of the Celts.

Chapter 2

The Times: 600-900

        The country was inhabited by Anglo-Saxons. The French called it
"Angleterre", which means the angle or end of the earth. It was called
"Angle land", which later became "England".

A community was usually an extended family. Its members lived a village in which a stone church was the most prominent building. They lived in one-room huts with walls and roofs made of wood, mud, and straw. Hangings covered the cracks in the walls to keep the wind out. Smoke from a fire in the middle of the room filtered out of cracks in the roof. Grain was ground at home by rotating by hand one stone disk on another stone disk. Some villages had a mill powered by the flow of water or by horses. All freeholders had the duty of watch [at night] and ward [during the day], of following the hue and cry to chase an offender, and of taking the oath of peace. These three duties were constant until 1195.

Farmland surrounded the villages and was farmed by the community as a whole under the direction of a lord. There was silver, copper, iron, tin, gold, and various types of stones from remote lead mines and quarries in the nation. Silver pennies replaced the smaller scaetts. Freemen paid "scot" and bore "lot" according to their means for local purposes.

Offa, the strongest of the Saxon kings, minted high-quality silver pennies. He traded woolen coats for lava grindstones with Emperor Charlemagne, who used a silver denarius coin. There were 12 denarii to the solidus and 20 soldi to the pound of silver. These denominations were taken by England as 12 pennies to the shilling and 20 shillings to the pound. The pound sign, an "L" with a hash mark derived from the word Libra, which meant weighing scales.

Everyone in the village went to church on Sunday and brought gifts such as grain to the priest. Later, contributions in the form of money became customary, and then expected. These "tithes" were spent for church repair, the clergy, and poor and needy laborers. The church fixed the amount to be one-tenth, but local custom determined the amount. There was also church-scot: a payment to the clergy in lieu of the first fruits of the land. There were also offerings, originally voluntary but afterwards compulsory, for sacraments. The priest was the chaplain of a landlord and his parish was coextensive with that landlord's holding and could include one to several villages. The priest and other men who helped him, lived in the church building. Some churches had lead roofs and iron hinges, latches, and locks on their doors. The land underneath had been given to the church by former kings and persons who wanted the church to say prayers to help their souls go from purgatory to heaven and who also selected the first priest. The priest conducted Christianized Easter ceremonies in the spring and (Christ's mass) ceremonies in winter in place of the pagan Yuletide festivities. Burning incense took the place of pagan burnt animal offerings, which were accompanied by incense to disguise the odor of burning flesh. Holy water replaced haunted wells and streams. Christian incantations replaced sorcerer's spells. Nuns assisted priests in celebrating mass and administering the sacraments. They alone consecrated new nuns. Vestry meetings were community meetings held for church purposes. The people said their prayers in English, and the priest conducted the services in English. A person joined his hands in prayer as if to offer them for binding together in submission.

The church baptized babies and officiated or gave blessings at marriage ceremonies. It also said prayers for the dying, gave them funerals, and buried them. There were burial service fees, candle dues, and plough alms. A piece of stone with the dead person's name marked his grave. It was thought that putting the name on the grave would assist identification of that person for being taken to heaven. The church heard the last wish or will of the person dying concerning who he wanted to have his property. The church taught that it was not necessary to bury possessions with the deceased. The church taught boys and girls.

Every man carried a horn slung on his shoulder as he went about his work so that he could at once send out a warning to his fellow villagers or call them in chasing a thief or other offender. The forests were full of outlaws, so strangers who did not blow a horn to announce themselves were presumed to be fugitive offenders who could be shot on sight with impunity. An eorl could call upon the ceorl farmers for about forty days to fight off an invading group.

There were several kingdoms, whose boundaries kept changing due to warfare, which was a sin according to the church. They were each governed by a king and witan of wise men who met at a witanegemot, which was usually held three times a year, mostly on great church festivals and at the end of the harvest. The king and witan chose the witan's members of bishops, eorldormen, and thegns [landholding farmers]. The king and hereditary claims played a major part in the selection of the eorldormen, who were the highest military leaders and often of the royal family. They were also chief magistrates of large jurisdictional areas of land. The witan included officers of the king's household and perhaps other of his retinue. There was little distinction then between his gesith, fighting men, guards,