What 'Danegeld' is, and under what emergency it was first levied.

"The payment of Danegeld was first exacted by reason of the pirates. For, harassing this country, they used their utmost endeavours to lay it waste. In order to check their ravages, it was enacted, that Danegeld should be paid yearly; namely, twelve pence for each hide of land throughout the whole country, for the purpose of hiring persons to resist the incursions of the pirates. From this Danegeld all the Church was free and exempt, and all the land which belonged to the Church as of its own demesne, wherever situate; it paying nothing whatever towards such a tax, because more trust was put in the prayers of the Church than in its defence by arms. [And the English church enjoyed this exemption down to the times of William the Younger, who was surnamed Rufus, when he required aid from the barons of England in order to regain Normandy and retain possession of it against his brother Robert, surnamed Curthose, who was setting out for Jerusalem. It was conceded to him, though not sanctioned or confirmed by law; but by reason of the necessity of the case, he caused four shillings to be paid to him for every hide of land, that of the Church not even excepted. While the collection of the tax was being made, the Holy Church protested against it, demanding her exemption, but she availed nothing thereby.]

Of the various kinds of the King's Protection, along the Four Streets or Royal Roads, and along rivers, by the navigation of which provisions are carried.

"The king's protection is of various kinds. One kind is given under his own hand, which is called by the English Cyninges hande sealde grith.' One kind is that which lasts for a period of eight days from the time of his coronation. There are also eight days at the Nativity of our Lord, eight days at Easter, and eight at Pentecost. Another protection is that given by his letters. Another, that which the Four public Roads possess, Watlingstrete,70 Fosse,"1 Ikenildestrete,"

69 This must be an interpolation, if these laws belong to the time of Edward the Confessor and William the Conqueror. The more general opinion now is, that they belong to the time of William II.

70 From Devonshire to Chester.

to Totnes, in Devonshire.

71 From Caithness, in Scotland, 72 It extended from Saint David's, in

Wales, to Tynemouth, in Northumberland.

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and Ermingstrete; 7 two of which extend along the length and two along the breadth of the kingdom. Another is that which the waters of certain rivers known by name possess, by the navigation of which provisions are carried from different places to cities or boroughs. This protection under the king's hand, on the day of his coronation, and under his letters, is to be observed under penalty of a fine: in like manner a breach of the protection on the four public roads and the principal rivers is to be deemed equal to assault. If any building is erected [on the said roads or rivers], the same shall be destroyed, and one half of the expenses of the repairs thereof shall be paid. And if a person shall knowingly have committed such breach, the fine is to be paid by the eighteen hundreds,75 in places subject to the Danish laws, 76 and his body shall be at the king's mercy. According to the law of the English, his were,77 that is to say, the price of his ransom is to be the same as the manbote payable to the lords for those of their men who have been slain. The manbote, according to the Danish laws, for a villein or a sokeman, is twelve oras ;79 but for free men, three marks. But manbote, according to the law of the English, is three marks to the king, and to the archbishop, for the men who belong to them; but to the bishop and to the earl of the same county, and to the king's seneschal it is twenty shillings; and to other barons, ten shillings. Also, a recompense is to be paid to the relations of the person slain, or the duel is to be waged with them, as to which the English proverb says, 'Bige spere of side other bere.' so Protection, however, upon the Four public Roads and the before-mentioned rivers lies under a higher jurisdiction than what we have mentioned as to assault. Also, if a mill, or fishery, or any other work that is an obstruction to them is in preparation, the said works must be immediately destroyed, and the public 73 Extending from the south of England towards Carlisle.

75 See page 554.

76 The Denelega,' or law established by the Danes for those parts inhabited by their own nation.

77 The were,' or 'wergeld,' was paid by a murderer, partly to the king for the loss of a subject, partly to the lord whose vassal he was, and partly to the next of kin of the person slain.

79 The "ora ""

value.

80.

was a Danish silver coin, probably about ten shillings in

Buy a spear for your side, or wield it yourself," meaning, "Either hire a person to wage the battle for you, or fight yourself."

Roads and rivers must be placed in their former state of repair, and a fine to the king must not be forgotten. The lesser roads, however, leading from one city to another, and from borough to borough, and along which merchandize is carried and other business done, are to be subject to the laws of the county; and if any person erects any work to their detriment, the same is to be levelled with the ground, and the roads are to be at once put in repair, and reparation is to be made, according to the law of the said county, to the earl and sheriff thereof. The same is to be done likewise as to the lesser rivers. As to the lesser rivers which carry vessels with the things that are necessary to boroughs and cities, wood, at least, and things of that nature, reparation of them is likewise to be made as prescribed by the law relative to the lesser roads.

Of the Divisions of the Shires.

"The divisions of the king's Shires properly belong to the same jurisdiction as the four Royal public Roads. The division into Hundreds and Wapentakes, with their jurisdiction, belong to the earls and sheriffs of the counties. Treasures found in the ground belong to our lord the king, unless they are found in a church or in a burial-ground. And even if found there, the gold belongs to the king, and a moiety of the silver, and the other moiety to the church where it is found, whatever church it is, whether rich or poor.

Of the Laws as to Murderers.

"If a person was murdered anywhere, the murderer was sought throughout the vill where the person murdered was found. If he was found, he was to be delivered up to the king's justice, within eight days after the murder. If he could not be found, then a period of a month and a day was given for making search for him; and if within the given period he could not be found, then six and forty marks were levied upon the vill. But if it was not able to make so great a payment, then the amount was to be paid by the hundred which the vill was unable to pay. But when the boundaries of the vill were utterly confused, then the barons were to see that it was collected throughout the hundred, and was sealed with the seal of some baron of the county, and then carried to the king's treasurer, who was to keep the same under seal for a year and a day. If the murderer could be found within that time,

then he was to be delivered up to the king's justice, on which they were to have back the forty-six marks that had been deposited with the king's treasurer. But if he could not be apprehended within the said time, then the relations of the murdered person were to have six marks and the king the remaining forty. If his relations could not be found, then his superior lord was to receive them, and if he had no lord, then his fellow, 83 that is

to say, the person who was tied to him by bonds of fidelity.

But if there were none of these, in such case, the king of the realm, under whose safeguard and protection they all live, was to take back the six marks together with his own forty.

"The law of murder was first enacted in the time of Canute, the Danish king, who, after gaining possession of England, and reducing it to a state of peace, at the request of the English barons, sent his army back to Denmark. The said barons, however, became surety to the king, that as many of his people as he should wish to retain with himself should enjoy assured protection in all respects; and that if any of the English should happen to slay one of them, and could not defend himself against the charge, by the judgment of God, that is to say, by judgment of water or of iron, justice should be executed upon him; and that if he should take to flight, then payment was to be made as mentioned above.

Of the Duties of the King.

"The king, as being the viceregent of the Supreme King, is appointed for the purpose of shewing due respect to and protecting the worldly kingdom, and the people of God, and, above all things, His Holy Church, and of ruling and defending it from those who would injure it, and of removing from it, and crushing and utterly dispersing all evil-doers; and if he does not do so, then the name of king will not belong to him, pope John truly testifying that he loses the name of king who does not act as king. [On Pepin31 and his son Charles, who were not yet kings, but only princes under the king of the Franks, hearing this definite opinion, pronounced as truthfully as prudently on the name of a king, quoted by William the Bastard, king of England, they foolishly wrote to the pope to enquire if on those terms the kings of the Franks 83" Felagus." 84 Probably an interpolation. It is more full in Hoveden than in the text of Wilkins.

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were to remain contented solely with the name of king. On which they received for answer that those ought to be called kings who watch, defend, and govern the Church of God and His people, in imitation of the Royal Psalmist, who says, 'He that worketh vanity shall not dwell in my house.' 66]

86

Of the guilty condemned by Law who have recourse to the king's mercy.

"If a person guilty of a capital offence shall ask the king's mercy for his crime, in his fear of death or of loss of limb, the king may, by the law of his dignity, pardon him if he pleases, even though he be deserving of death. The malefactor, however, shall make redress, so far as he shall be able, for the offence of which he has been guilty, and shall give sureties that he will keep the peace and observe the laws; and if such sureties shall not be forthcoming, he shall be banished the country.

What those are to do whom the king shall think proper to deliver from death.

"The king has also another prerogative of mercy as to those who are under arrest. For wherever he shall come, whether into city, borough, castle, vill, or even in the road, if a person shall be under arrest, it is in his power, by a single word, to release him from such arrest. The person released shall, however, make satisfaction to the person against whom the crime was committed. But as to a murderer, traitor, or criminal of that description, although the king shall pardon them as to life and limb, they shall on no account with the sanction of the law remain in the country; but shall immediately make oath that they will go to the sea-shore within a time prescribed to them by the justice, and will immediately, as soon as they find a ship and a fair wind, cross the seas. And if, being forsworn, they shall afterwards remain in this country, whoever shall be able to find them, may execute summary justice on them without judgment pronounced; and if any person shall gratuitously harbour them for a single night only he shall be fined according to the greater law of the English or of the Danes, on the second occasion twofold, and for the third offence he shall be adjudged to be the associate and accomplice of malefactors.

86 Psalm ci. 7. Our version has it, "He that worketh deceit."