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the thanes. It seems, however, that the latter kind of thaneship was of inferior dignity, and that a family that had acquired this distinction was not reckoned among the ethel-born until the third generation.

The sithcundmen were men of the Sith, or military profession, and, on account probably of holding land, many, if not all of these, became known as lesser thanes. The person of whom such lands were held was called the lord. If a sithcundman held lands of no one else, and therefore had no such lord, he was still obliged to chose one, and to render him some acknowledgment for his protection. This obligation resulted from the maxim, that every person who had no territorial jurisdiction was bound to have an acknowledged superior, and that every superior was, in return, to be responsible for his "man." The form required to make this connection legal, was brief but significant. The man placed his hands between those of his lord, and exclaimed, "By the Lord, I promise to be faithful and true, to love all that thou lovest, and to shun all that thou shunnest, conformably with the laws of God and man, and never, in will or weald, in word or work, to do that which thou loathest, provided thou hold me as I mean to serve, and fulfil the conditions to which we agreed." If the lord's protection was thus necessary during the life of the man, it was still more so after his death, in order that his family might retain the lands which he himself had held. Hence, when making his will, the most powerful nobleman was always anxious to obtain the confirmation of his superior, and to make provision for the payment of what was termed in the Saxon laws the heriot, in the Norman the relief. This payment is recorded in the laws of king Edgar as a custom of great antiquity. It was exacted on many occasions, but particularly on the vassal's death. If, however, the latter died fighting for his lord, no heriot was required. By the laws it was provided that the heriot should be paid within twelve months from the death of the last possessor, and was apportioned to the rank he bore in the state. That of the ealdorman was four horses saddled, four unsaddled, four helmets, four coats of mail, eight spears, eight shields, four swords, and one hundred mancuses of gold. The heriot of a royal thane was the gift of his horse and arms, and the offer of his hawks and hounds.

The foregoing were the ethel-born: the unethel, the tradesmen, mechanics, husbandmen, and labourers, were comprehended under the general designation of ceorls. These were divided into two classes-the socmen or free ceorls, who held lands by conventional services, or chose their own lords, or possessed the right of disposing of their real estates by sale, or will, or donation. The others were attached to the soil, as part and parcel of the manor, transferable with it from one proprietor to another, bound to give their personal labour in return for the land which they cultivated for their own use, and liable to be punished as runaways if they withdrew from the manorial jurisdiction under which they were born. They had indeed certain rights recognised by the law, and could not, in many places, be dispossessed as long as they performed their customary services; nor could higher rents, or a greater proportion of labour be exacted from them than what was accustomably due.

All the above classes were in the ranks of freemen. There was, however, amongst the Saxons a class of absolute slaves, called Theowes, consisting of persons who had forfeited their freedom according to the law. If any one could not discharge the penalty or "wite" imposed on an offence of which he had been convicted, he became what was called a "white theowe," and liable to the utter loss of his rights as a member of the free community. relations might redeem him within twelve months; but if they refused this

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office of kindness, he became a slave, and his degradation was inherited by his children. Traffic in slaves prevailed during the whole of the Anglo-Saxon period. These unhappy persons were sold like cattle in the market, and the price of a slave was usually estimated at four times the price of an ox. impediments were offered to the importation of foreign slaves, but the exportation of native slaves was forbidden under the severest penalties; yet hatred and the love of gain had taught the natives to bid defiance to the most stringent prohibitions. Like the savages of Africa, they are said to have carried off, not only their own countrymen, but even their friends and relatives, whom they sold as slaves in the ports of the continent.

In what way the land that had been wrested from the Britons was appropriated by the conquerors, what portion was reserved for the state, and what for individuals, are questions that can be answered only by conjecture-even the nature of the most common tenures, those of "Bocland," and "Folcland," aud "Lænland," has long tortured the ingenuity of the learned.

For the sake of national security all lands were subjected to a triple burden, viz.: the construction of bridges, the reparation of fortresses, and military service, in default of which, fines, or sometimes forfeiture, seems to have been inflicted. Both the grant and sale of land were unencumbered with the modern form of parchments, taxes, and lawyer's fees. It was accomplished by the simple delivery of a turf or spear, or some other emblem, in the presence of one of the customary public meetings. The following charter will give some idea of the almost Lacedæmonian brevity of the Anglo-Saxon deeds of gift: "I, king Athelstan giffys here to Paulan, Oddam, and Roddam, all gude and all fair as ever thei myn war, and thairto witness Mauld my wyf." How different from the strictness of construction which in modern times renders almost every word in an instrument a spare for the unwary.

Among a people but lately emerged from barbarism, the administration of justice is always rude and simple, and the proceedings before the Anglo-Saxon tribunals would not have suited a more advanced state of civilisation. They were ill calculated to elicit truth, or to produce conviction; and in many instances which have been handed down to us, our more correct or more artificial notions will be shocked by the credulity or the precipitancy of the judges. The subject, however, is curious and interesting. These ancient courts still exist under different names, and the intelligent observer may discover in their proceedings the origin of several institutions which now merk the administration of justice in the English tribunals.

The lowest and most limited jurisdiction known among the Anglo-Saxons was that of "Sac" and "Soc." It conferred the right of holding trials, and imposing fines within a certain district, and, with a few variations, was perpetuated in the manorial courts of the Norman dynasty. The power and right of these courts greatly varied, some took cognizance of all, some of a few offences; some of all persons, and others of none but their own tenants. From the custom of holding these courts in the hall of the lord, they were usually termed hall-motes. Superior to these was the court of the hundred, which assembled every month, and was composed of the ealdorman or his reeve, and of the clergymen and freeholders of each township within the hundred. Once in the year an extraordinary meeting was convened, when every male above the age of twelve years was obliged to attend. At these meetings the state of the guilds or tythings (or associations of ten families) was ascertained, and no man was permitted to remain at large who could not find bail for his peaceable behaviour. In these courts offenders were tried,

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and civil causes decided. When important payments, contracts, or exchanges, were to be made, it was done in the presence of the hundred, in order that the whole neighbourhood might bear witness to the fact. For, as reading and writing were but little known, men were obliged to depend upon the honesty of numerous witnesses. In the walled towns burgh-motes were held, which corresponded with the motes of the hundred, or meetings of the townships. Sometimes, when interests of great importance were at stake, or the parties belonged to different districts, and the authority of a single hundred was thought insufficient, the ealdorman summoned the neighbouring hundreds, or a third of the county; the meeting in the former case being termed the court of the "Lathe," and the latter that of the "Trything," or, as it was afterwards called, the Riding.

The shire-mote, or court of the county, was of still higher dignity and more extensive jurisdiction. It assembled twice in the year, in May and October, under the presidency of the bishop and ealdorman, who exercised equal authority, having for their assessors the sheriff and the most noble of the royal thanes. In this court ecclesiastical causes were first attended to, the rights of the crown were next enforced, then the laws and decisions of the Witenagemote were announced, and private grievances were examined and redressed. Kemble gives a remarkable instance of the simplicity with which even the most important affairs were transacted in these courts. A young man made his appearance before a shire-mote, and claimed some lands, which were possessed by his mother. A deputation was at once despatched from the court to receive her answer; her reply was, "There sitteth Leoflæd, my kinswoman, unto whom I grant both my land and my gold, both my gown and my dress, and all I have after my own day." This act, by which she disinherited her son, was communicated to the court, and judgment was immediately pronounced in favor of Leoflæd, and a record was made to testify the fact. Thus at once was the suit decided, the son disinherited, and the will in favour of Leoflæd recognised.

From these local courts, the hall-mote, the hundred-mote, and the shiremote, appeals were allowed to the superior authority of the monarch, who by his office was the supreme magistrate in the state; but he had other duties to perform, and it was forbidden to bring any cause before him till it had been previously submitted to the decision of the inferior judges. Wherever the king was present, a court might be speedily assembled. To the thanes and clergymen who attended on his person, he added the prelates and nobility of the neighbourhood, and with their assistance either pacified the parties or pronounced a definite judgment. But these occasional courts were eclipsed by the superior splendour and dignity of the Witenagemote, or assembly of sages; termed also the "mickle" or great synod. This council was composed at first of all the landed proprietors, and such it probably continued during the greater part of the Heptarchy. In course of time, when Wessex had gained the supremacy, and its Witenagemote became the great council of all England, the number of its members was gradually reduced; owing to distance, expense of travelling, and the troubles of the times, they were seldom as many as thirty, never sixty. The "folc," whose presence is often mentioned, are supposed by Palgrave to have been the representatives of towns, and the borsholders of the tythings; but this supposition is deemed gratuitous, both by Lingard and Hallam. The Witenagemote was convened at the festivals of Christmas, Easter, and Whitsuntide, and occasionally at other times, as difficult circumstances or sudden exigencies might require.

At these assemblies the state of the nation was examined, laws were enacted, appeals heard, and, on the vacancy of the crown, a new sovereign was elected.

The Saxons, bringing with them their native customs, punished injuries of ⚫ every kind by certain settled fines or penalties, which differed in amount according to the circumstances attending the wrong, but were not left to be imposed at the discretion of the judge. So far did the notion of compensation run through the whole criminal law of the Saxons, that every man's life had its value according to his rank, called a "were." This, by a law of King Athelstan, was two hundred shillings for a ceorl, for a sithcundman six hundred, and for a royal thane twelve hundred. The were of an ealdorman was twice, that of an etheling three times, and that of a king six times that of a thane. Although pecuniary compensation was thus extensively used, other punishments were occasionally imposed. Thus the frequent conviction of theft was punished by the loss of a hand or foot, while banishment or slavery was also sometimes inflicted. It was also enacted that house-breaking, arson, open robbery, manifest homicide, and treason against one's lord, should be inexpiable crimes, that is, not redeemable by pecuniary compensation, or by suffering mutilation, or the like.

With respect to the different sorts of crimes recognised by the Saxon laws, it seems that a person present at the death of any one was considered a participator in the crime; also the slayer of a thief, unless he forthwith purged himself by oath before the relations of the deceased, stating all the circumstances, was deemed guilty, and had to pay a fine. It does not appear that there was any distinction made in respect of degrees of homicide, except in one instance, which deserves particular notice, viz., where the fine called murdrum was to be paid. It is said that Canute, when about to leave the kingdom, being afraid that the English might take advantage of his absence to destroy his Danish subjects, passed a law, that when any person happened to be killed, and the slayer escaped, the person killed should, unless his friends or relations proved him to be an Englishman, be considered as a Dane, and that the vill in which the crime was committed should pay a fine of forty marks for his death, and if such fine could not be raised in the vill, then the hundred should be compelled to pay it. This provision was made in order to engage every one by the bond of interest in the prevention of secret homicides, and upon this sort of policy it was that presentments of Englishry, as they were afterwards called, were founded.

False swearing was at first only punished by a fine amounting to one hundred and twenty shillings, but afterwards perjurers were considered as no longer worthy of credit, and therefore were obliged to purge themselves, not as they would otherwise have done, on oath, but by the ordeal, and sometimes they were excommunicated. Breaches of the peace were severely punished, as leading generally to bloodshed and death, and the people being also much addicted to quarrelling and broils. If any one fought in the king's palace, his life was forfeited to the king, unless he redeemed it with a fine; and particular penalties were inflicted on those who fought in the presence of the bishop or ealdorman, or in the city or town where these happened to be holding their court.

After the conversion of the Saxons to Christianity, every consecrated church had the privilege of sanctuary, or of affording legal shelter to fugitives. At a time when sentiments of paganism still clung to the souls of men, when revenge was esteemed a sacred duty, and every man was armed and ready for battle, this regulation was not the less salutary from its being

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sometimes abused; it gave time for reason and religion to exert their influence, and often prevented the effusion of blood. For the traitor or the blasphemer there was no sanctuary, and he might at once be snatched from the altar. Resort was commonly had to this protection in order to avoid the instant resentment of the aggrieved party, and until the legal compensation was paid. Thus, the law of Ina declares, that the fugitive shall be protected as to his life, and make compensation as justice demands.

Having thus considered crimes and punishments, we will proceed to speak of the modes of trial, and the sorts of proof, which formed very remarkable parts of the Anglo-Saxon system of jurisprudence, and were as follows :The prosecutor made his charge, which, it seems, was of itself sufficient to put the person accused upon his defence. The answer or defence to such charge varied according to the circumstances of the case. If it was a matter not of great notoriety, and admitting of doubt, the party purged himself, as it was termed, by the oaths of himself and of certain persons vouching for his credit, and declaring their belief of his speaking the truth, who were thence called compurgators. If these compurgators all agreed in a declaration in favour of the accused, this was held to be a complete acquittal. But if the party had been before accused of larceny or perjury, or had been rendered infamous in any other way, and was not thought himself worthy of credit, he was then obliged to prove his innocence by the ordeal.

Among the German nations the ordeal was the common means of solving a difficulty, and when it was resorted to pledges were given, and the time was fixed by the court. As the decision was now left to God, three days were spent by the accused in fasting and prayer. On the third he went to mass, and was adjured by the priest not to go to the ordeal if he were conscious of guilt; he was then communicated with these words "May this body and blood of Christ be to thee a proof of innocence this day;" after which he again swore that he was guiltless of the crime of which he had been accused. The ordeals which were most practised were those of hot water and fire. In that of water, a fire was kindled beneath a cauldron, at the west end of the church. In a line on one side of the fire, stood twelve friends of the accused; and on the opposite side, twelve friends of the accuser, -all strangers being excluded. When it was agreed by all that the water boiled, the accused plunged in his arm, and brought up a stone which had been placed at a certain depth. The priest immediately wrapped a clean linen cloth around the part which was scalded, fixed on it the seal of the church, and opened it again on the third day. If the arm was perfectly healed, the accused was pronounced innocent; if not, he suffered the punishment of the offence with which he had been charged. In the ordeal by fire, the same precautions were employed in respect of the number and position of the attendants. Near the fire a space was measured equal to nine of the prisoner's feet, and divided by lines into three equal parts. By the first stood a small stone pillar. At the beginning of the mass a bar of iron, of the weight of one or three pounds, was laid on the fire; at the last prayers of the service it was taken off, and placed on the pillar. The prisoner immediately grasped it in his hand, made three steps on the lines marked on the floor, and then threw it down. His guilt or innocence was decided as in the former case.

Scarcely had the Anglo-Saxons settled in their adopted country, before dissensions broke out, and a long series of mutual quarrels commenced. Each petty kingdom strove for the mastery, and each monarch aimed at the Paramount authority in the island. The principal object of contention was