firmed, for themselves and for their descendants, as well for born as for unborn, who reck of God's mercy or of ours. 1. First, concerning our land-boundaries: up on the Thames, and then up on the Lea, and along the Lea unto its source, then right to Bedford, then up the Ouse unto Watling-Street. 2. Then is this: if a man be slain, we estimate all equally dear, English and Danish, at VIII. half-marks of pure gold; except the "ceorl" who resides on "gafol-land," and their "liesings": they also are equally dear, either at CC. shillings. 3. And if a king's thane be accused of man-slaying, if he dare to clear himself, let him do that with XII. king's thanes. If any one accuse that man who is of less degree than the king's thane, let him clear himself with XI. of his equals, and with one king's thane. And so in every suit which may be for more than IV. "mancuses." And if he dare not, let him pay for it three-fold, as it may be valued. OF WARRANTORS 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. (Ancient Laws and Institutes of England, ed. cited. 40. The Second Period of Danish Invasion Anglo-Saxon Chronicle For many years after the peace between Alfred and Guthrum the Danes refrained from attacking England; this not so much because of the treaty, as because of the strong kings who succeeded Alfred. But with Ethelred the Redeless came the second series of invasions. These led to the overthrow of the English kings and the establishment of Canute upon the throne. A. 980. In this year abbat Ethelgar was consecrated bishop on the 6th before the Nones of May, to the episcopal seat at Selsey. And in the same year was Southampton ravaged by a ship-force, and the most part of the townsmen slain, and led captive. And that same year was Thanet-land ravaged by a ship-force, and the most part of the townsmen slain, and led captive. And that same year was Legecester-shire [Chester] ravaged by a northern ship-force. In this year St. Dunstan and Alfere the ealdorman fetched the holy king's body, St. Edward's, from Wareham, and bore it with much solemnity to Shaftsbury. A. 991. This year was Ipswich ravaged; and after that, very shortly, was Britnoth the ealdorman slain at Maldon. And in that year it was decreed that tribute, for the first time, should be given to the Danish-men, on account of the great terror which they caused by the sea-coast; that was at first ten thousand pounds: this counsel was first given by archbishop Siric. A. 994. In this year came Olave and Sweyn to London, on the nativity of St. Mary, with ninety-four ships; and they then continued fighting stoutly against the city, and would also have set fire to it. But they there sustained more harm and evil than they ever supposed that any citizens would be able to do unto them. But the holy mother of God, on that day, shewed her mercy to the citizens and delivered them from their foes. And they then went thence, and wrought the utmost evil that ever any army could do, by burning, and plundering, and by man-slaying, both by the sea-coast and among the East-Saxons, and in the land of Kent, and in Sussex, and in Hampshire. And at last they took to themselves horses, and rode as far as they would, and continued doing unspeakable evil. Then the king and his witan decreed that they should be sent to, and promised tribute and food, on condition that they should cease from their plundering: which terms they accepted. And then all the army came to Southampton, and there took up their winter-quarters: and there they were victualled from all the realm of the West-Saxons, and they were paid sixteen thousand pounds of money. Then the king sent bishop Elphege [II.] and Ethelwerd the ealdorman after king Olave, and the while, hostages were delivered to the ships; and they then led Olave with much worship to the king at Andover. And king Ethelred received him at the bishop's hands, and royally gifted him. And then Olave made a covenant with him, even as he also fulfilled, that he never again would come hostilely to the English nation. A. 1002. And in that year the king ordered all the Danish-men who were in England to be slain. This was done on St. Brice's mass-day... A. IOII. In this year sent the king and his witan to the army, and desired peace, and promised them tribute and food, on condition that they would cease from their plundering. They had then overrun, 1st, East-Anglia, and 2d, Essex, and 3d, Middlesex, and 4th, Oxfordshire, and 5th, Cambridgeshire, and 6th, Hertfordshire, and 7th, Buckinghamshire, and 8th, Bedfordshire, and 9th, half of Huntingdonshire, and 10th, much of Northamptonshire; and south of Thames, all Kent, and Sussex, and Hastings, and Surry, and Berkshire, and Hampshire, and much of Wiltshire. All these misfortunes befel us through unwise counsel, that they were not in time offered tribute, or fought against; but when they had done the most evil, then peace and truce were made with them. And nevertheless, for all the truce and tribute, they went everywhere in bands, and plundered our miserable people, and robbed and slew them... A. 1016. ... The army then went again up into Essex, and passed into Mercia, and destroyed whatever it over-ran. When the king learned that the army was upward, then assembled he, for the fifth time, all the English nation, and followed after them, and overtook them in Essex, at the down which is called Assingdon: and there they strenuously joined battle. Then did Edric the ealdorman, as he had oft before done, begin the flight first with the Maisevethians, and so betrayed his royal lord and the whole people of the English race. There Canute had the victory; and all the English nation fought against him... A. 1017. In this year king Canute obtained the whole realm of the English race, and divided it into four parts: Wessex to himself, and East-Anglia to Thurkill, and Mercia to Edric, and North-humbria to Eric. A. 1017. This year Canute was chosen king. (Anglo-Saxon Chronicle for years given, ed. cited.) 41. The Laws of Canute Ancient Laws and Institutes of England The examples of the laws of the Danish kings of England prove, among other things, the continuity of the legal principles developed in the days of the Anglo-Saxon kings. They also demonstrate the justice and equity of Canute, a king whose greatness endeared him, despite his alien birth, to that heterogeneous mass which was called the English People. THAT EVERY MAN SHALL BE IN A TITHING And we will, that every freeman be brought into a hundred, and into a tithing, who wishes to be entitled to "lad" or to "wēr," in case any one shall slay him after he is XII. years of age; or let him not afterwards be entitled to any free rights, be he "heorth-fæst," be he follower. And that every one be brought into a hundred and in "borh"; and let the "borh" hold and lead him to every plea. Many a powerful man will, if he can and may, defend his man in whatever way it seems to him that he may the more easily defend him; whether as a freeman or a "theow." But we will not allow that injustice. SECULAR DOOMS Cap. 17. And let no one apply to the king unless he may not be entitled to any justice within his hundred; and let the hundred gemot be applied to under penalty or the "wite," so as it is right to apply to it. Cap. 18. And thrice a year let there be a "burh-gemōt," and twice a "shire-gemōt"; under penalty of the "wite," as is right, unless there be need oftener. And let there be present the bishop of the shire and the ealdorman, and there let both expound as well the law of God as the secular law. Cap. 19. And let no man take any distress either in the shire or out of the shire, before he has twice demanded his right in the hundred. If at the third time he have no justice, then let him go at the fourth time to the "shire-gemōt,” and let the shire appoint him a fourth term. If that then fail, let him take leave either from hence or from thence, that he may seize his own. Cap. 20. And we will that every free man be brought into a hundred and a tithing... And that every one be brought into a hundred and in "borh"; and let the "borh" hold and lead him to every plea... Cap. 21. And we will that every man above XII. years make oath that he will neither be a thief nor cognisant of theft. Cap. 70. This then is the alleviation which it is my will to secure to all the people of that which they before this were too much oppressed with. That then is first; that I command all my reeves that they justly provide on my own, and maintain me therewith; and that no man need give them anything as "feorm-fultum" unless he himself be willing. And if any one after that demand a "wite," let him be liable in his "wer" to the king. Cap. 71. And if any one depart this life intestate, be it through his neglect, be it through sudden death; then let not the lord draw more from his property than his lawful heriot. And according to his direction, let the property be distributed very justly to the wife and children and relations, to every one according to the degree that belongs to him. Cap. 72. And let the heriots be as it is fitting to the degree. An elor's such as thereto belongs, that is, eight horses, four saddled and four unsaddled, and four helmets and four coats of mail, and eight spears and as many shields, and four swords and 200 mancuses of gold. And after that, a king's thegn's, of those who are nearest to him; four horses, two saddled and two unsaddled, and two swords and four spears and as many shields, and a helmet and a coat of mail and fifty mancuses of gold. And of the medial thegns, a horse and his trappings and his arms; or his "healsfang" in Wessex; and in Mercia two pounds; and in East Anglia two pounds. And the heriot of a king's thegn among the Danes, who has his soken, four pounds. And if he have further relation to the king, two horses, one saddled and the other unsaddled, and one sword and two spears and two shields and fifty mancuses of gold; and he who is of less means, two pounds. Cap. 81. And I will that every man be entitled to his hunting in wood and in field, on his own possession. And let every one forego my hunting: take notice where I will have it untrespassed on, under penalty of the full "wite." Cap. 83. And I will that every man be entitled to "grith" to the "gemōt" and from the "gemōt," except he be a notorious thief. (Ancient Laws and Institutes of England, ed. Thorpe.) 42. Charter of Canute York Gospel Book The Charter of Liberties given by Canute should be studied in connection with those later charters which render notable the reigns of Henry I. and John. The even-handed justice assured to all men, both English and Danes, finds a parallel in the laws enforced by William the Conqueror. Canute, the king, greets his archbishops and his suffragan bishops, and Thurcyl the earl, and all his earls and all his people, twelfhynde and twyhynde, clerk and lay, in England, friendly; and I do you to wit that I will be kind lord and unfailing to God's rights and to right secular law. I took to my remembrance the writing and the word that archbishop Lyfing brought me from Rome from the Pope, that I should |