Paludes and from thence they annoyed and made Eruptions upon the Romans The old Germans retire into Woods and Bogs Lastly the English Saxons followed the practice of those in old Germany in holding their general Councils Conventions They held Councils as our English Saxons at Easter Whit-sunday and Christmas or Placita's at Christmas Easter and Whitsontide and that is the reason the old German Historians and Annalists as well as ours do constantly note in their Histories where their Kings or Emperors kept these Feasts because at those times were present also in Court all the Bishops and Temporal Nobility who were the only Body of such Councils Our Saxon and Danish Kings before the Conquest with the advice of the Clergy and Nobility in their great Councils and Conventions made divers Laws for the Government of the Church of England and regulating the Clergy And in them make Laws Ecclesiastick as well as Civil and directing them in their Offices and appointing what they should do and amongst all their Laws put out by Lambard there are some Ecclesiastical Laws to be found but more especially and the greatest number in Alfreds Edwards Edgar 's and Canute's Laws Some whereof are cited in the second part of this History And it appears by the antient Laws of the German people the Saxons Franc's English Burgundians Lombards c. and by the Capitularies of Charles the Great and Lewis his Son and by their antient Historians that the like usage and Custom was in old Germany and that theirs as well as our Princes called these Synods presided and determined in them or some Bishops by their appointment or permission in all things relating to the Order and Government of the National Church both there and here for ought that I could ever find although their Theological Articles and Opinions for the most part might be the same or not much different from the Doctrines of the general Christianity then received and practised Yet it cannot be denied but that the English Church received many things from the Roman by way of Commendation Advice and Direction as being that place from whence the Saxons in a great measure received their Conversion and Rome the most celebrious and famous place for the Profession of Christianity as it was then generally used and practised though from thence it received not in after-times the Ecclesiastical Laws and Rules made for the Government of it No Incroachments upon Regal Authority or Popes Legates here before the Conquest nor were the Pope's Incroachments upon Regal Authority or Usurpations and Exactions upon the Rights and Liberties of the Church and People or the Power and Authority of domineering Legates known here before the Conquest True it is that in the Saxons times before the Conquest at the request of Kings and other great Personages that Popes did confirm the Foundations Liberties and Priviledges of several Monasteries and strengthen them as the Founders in those ignorant Ages thought by their Benediction upon the Favorers and Anathema's upon the Infringers of them And these Applications to the Pope were no real Arguments of any just legal Authority he had in this Nation but only of the opinion men had in those times of and deference to the efficacy of his Blessings and Cursings Three Objections against that Assertion answered Against what is said there are three Instances which may be insisted on the first is of an Appeal to Rome by Wilfrid Bishop of York having been put from his Arch-bishoprick by Ecgfrid King of Northumberland and that he was restored by the Authority of Pope Agatho and being removed from his See the second time by King Alfrid Son of Ecgfrid he was restored by order and command of Pope John the Sixth This Story is related at large by [1.] Lib. 3. de gestis Pontif. fol. 147. b. n. 10. Malmesbury yet as he says it was but a Compendium of a larger written by one * See Actorum Benedictinorum Tom. 5. Edit Par. Per J. Mabillon Stephan a Priest but wanting an opportunity of perusing these Acts of the Benedictines shall relate the matter of fact from Bede who at the time of this Controversie was twenty years of Age and a Monk in the Monastery of Weremouth in the Bishoprick of Duresme but then and not long before in the Diocess of York who being a diligent observer of these things must give us the best account of this case The matter of Fact as 't is by him reported was this [2.] Bede Eccl. fol 443. Anno Dom. 680. Wilfrid put from his Bishoprick by Ecgfrid Wilfrid was forced from his Bishoprick by King Ecgfrid he appeals to Rome where in the presence of Pope Agatho and many Bishops by the judgment of them all he had been accused without fault and found worthy of his Bishoprick But at his return notwithstanding this Judgment he was [3.] Ibidem fol. 292. kept out of his Bishoprick by King Ecgfrid or as [4.] De gest pontif fol. 11â— b. n. 50. Malmesbury hath it both by the resistance of Ecgfrid and Theodore Arch-bishop of Canterbury who was a Greek sent from Rome and made Arch-bishop by the Pope This Wilfrid had his Education mostly at Rome and in France [5.] Ibidem fol. 148. a. n. 30 from whence he returned into England with the French Elegancy or Fineness and the Roman Pomp. And the Lux Splendor and Pomp he lived in were his only [6.] Ibid. 149. a. n. 40. Crimes if we believe that Author and he says not plainly that he was thrust out of his Bishoprick but that King Ecgfrid and Arch-bishop Theodore He was not restored by the Pope taking notice of his pompous way of living Theodore thought the largeness of his Diocess and profits of it sufficient to maintain four Bishops and therefore he ordained two other Bishops for [7.] Ibidem fol. 111. b. n. he placed and displaced Bishops where he pleased in that Diocess and for this cause he appealed to Rome After the death of Ecgfrid [8.] Bed uti supra fol. 444. An. Dom. 686. in the second year of the Reign of (Å¿) Alfrid began his Reign the first [3.] Floren. Wigorn. fol. 566. day of June Anno Dom. 685. when his Brother Ecgfrid was slain so that Wilfrid was restored to his Bishoprick Anno Domini 686. and to that of [4.] Ibidem Hagustald or Hexam in Northumberland only and put out again five years after Anno Domini 691. in the time of Pope Sergius who was created as [5.] Chron. Pontif. Rom. fol. 21. Onuphrius says December 17. 687. and died September 8. Anno Domini 701. to whom Pope John the Sixth succeeded 29 of October following and died the seventh of January Anno Domini 705. And if any Appeal was it must be to this John the Sixth above ten years after his last Expulsion by Alfrid which is scarce credible for probably he would not have had patience
to a Parliament in France f. 633. E. F. They summon three Knights of every County to meet them at St. Albans f. 637. F. They arm themselves and seize the Kings Towns f. 639. D. The Articles of Peace between them and the King f. 640. A. Their Letter and Offer to the King f. 641. A. C. They force the King to consent to a new Form of Government f. 643 644 645. They send to the Popes Legate and King of France to confirm their proceedings Ibid. C. They and Montfort overthrown by Prince Edward and the King set at Liberty f. 652. C. D. All of them that adhered to Montfort disinherited f. 653. E. A time set them to come in and make their Peace f. 656. B. They enter and possess themselves of the Isle of Ely f. 657. F. Their Forfeitures turned into Compositions f. 658. B. C. Their Answers to the Legates Admonitions f. 659. F. Their insolent Demands of the King f. 660. E. Gilbert Basset falls under the Kings Displeasure f. 555. A. He is received into the Kings Favour and Council f. 560. E. F. Bastardy no bar to inheritance of Princes f. 186. A. Batavians who they were and where they dwelt f. 26. B. Battel or Duel what it was and when granted f. 66. C. D. The manner of claiming by it f. 147. E. F. Bailiffs what they were in Normandy and their Power f. 162. A. Bailiwick what it anciently was f. 153. F. Thomas Becket His Birth Education and first Preferment f. 378. C. D. E. He is made Chancellor to Henry the Second his popular Entertainments f. 302. C. and 379. A. Kings and Noblemen Sons committed to his trust Ibid. B. Noblemen and Knights do him Homage Ibid. C. He Swears Homage to Prince Henry f. 304. C. His Great Bounty Liberality and Retinue f. 379. C. D. He is chosen Arch-Bishop of Canterbury f. 304. D. 379. E. F. He altered his manner of living f. 380. A. The Kings mind alienated from him Ibid. B. C. D. He mainteined the Exemption of Clercs from Secular Power and Jurisdiction f. 381. A. B. and 389. B. C. His Answer to the Kings Demands whether he would observe his Royal Customs f. 381. C. and 390. A. B. He consents to own the Kings ancient Laws f. 382. C. D. and 390. C. D. He repents of what he had done f. 382. F. 390. E. His attempt to go over Sea hindred f. 383. A. The Controversie between him and John Mareschal Ibid. B. C. He is cited into the Kings Court but did not appear Ibid. D. E. He is accused of Treason for refusing f. 384. C. Judgment demanded and pronounced against him and his submission to the Sentence Ibid. D. and 385. A. 390. F. He is Prosecuted in two other Cases f. 385. B. C. D. He was advised by the Bishops to compound with the King Ibid. E. He appeals to the Pope f. 386. C. E. His answer to the Kings demand whether he would stand to the judgment of his Court f. 393. A. He prohibited the Bishops from medling in his Case f. 387. A. He was minded of his Oath at Clarendon and his Answer Ibid. C. D. E. F. His Demeanor before the King f. 391 E. The Kings complaint against him Ibid. F. His Answer to the Barons f. 388. C. He took Ship at Sandwich and Landed at Graveling f. 389. A. He is owned and judged a perjured Traytor by the King Bishops and Great men f. 392. A. E. His obstinate Answer to the Earl of Leicester Ibid. F. He was kindly received by the French King f. 393. C. 397. A. The Pope would hear nothing against him Ibid. E. He is charged by the King with 30000 l. but pleads his Discharge Ibid. F. He asserted Kings received their power from the Church f. 395. A. 400. l. 2. His Speech or Epistle to the King Ibid. C. D. E. His reservations and Threats Ibid. F. He Nulls the Kings Laws and Excommunicates the Abettors of them f. 396. A. B. C. His Revenues and Possessions Seized Ibid. F. His Relations Banished f. 397. l. 2. The Pope writes in his behalf to the King and Bishops Ib. B. C. D. His Suffragan Bishops write to him in the Kings behalf f. 398. B. c. His Answer to their Letter f. 399. E. c. He Excommunicated such as adhered to the King f. 400. D. E. F. 406. B. C. And all that received Benefices from Lay-men f. 401. A. A meeting between the King and him Ibid. C. The Kings offer to him approved by the French King Ib. D. E. F. The great men of England and France against him f. 402. l. 1. He is reconciled to the King but soon breaks ff Ibid. E. He excites the Pope against the King f. 403. A. He suspended the Arch-Bishop of York for Crowning young Henry and the Bishop of Durham f. 404. E. F. He is again reconciled to the King f. 405. C. D. His return into England f. 406. B. He Excommunicated all the Bishops that were present at young Henry's Coronation Ibid. C. D. He was Murdred by 4 Knights while he was at Mass Ibid. E. He was Canonized for a Saint and famed for Miracles f. 413. A. B. C His Translation Ibid. D. E. The Riches of his Shrine f. 414. A. A Jubilee for him once in 50 years Ibid. B. C. Becket Fair why so called f. 413 F. Robert de Belismo Summoned to Tryal by Henry 1. His Crimes f. 237. E. He fled and fortified his Castles f. 238. A. B. His Estate and Honors taken from him in England Ibid. E. His great strength and possessions in Normandy Ibid. F. He burnt the Abby of Almanisca and beat Duke Robert f. 239. B. C. Duke Robert made a Peace with him without the Kings knowledge f. 240. A. B. His cruelty and inhumanity to such as favoured King Henry Ibid. F. He is impeached and imprisoned by the Kings Court f. 245. E. Beneficia the same with Feuda among the Germans f. 72. B. Stephen Berkstede Bishop of Chichester promised Heaven to such as dyed fighting for the Barons f. 645. B. Robert Fitz Bernard made Governor of Waterford and Wexford f. 360. F. Bibroci who they were f. 10. l. 2. Hugh Bigot Burned Norwich f. 318. B. Roger made Earl Mareschal f. 596. l. 1 Hugh chosen Justiciary by the Baron f. 628. E. Margaret Biset discovered a Plot against the Life of Hen. 3. f. 571. D. Bishoprics when first removed from Villages to Cities f. 215. A. B. Bishops Chief Justices of England f. 151. B. c. They oppose Augustin and refuse Subjection to Rome f. 103. D. Their complaint to King Hen. 3. of Injuries offered to the Church f. 574. B. They are Seconded by the Chapters Ibid. C. They are imposed on by the Pope in the Council at Lyons f. 595. E. A new oppression put upon them by the Pope Ibid. F. They absent themselves from a Council at London f. 597. C. They are forced to make large Contributions to the
or à Negative or Privative and Dal which signifies Distinction or Difference that is without Distinction or Difference and imports a just impartial Judgment it was of two sorts by Fire or Water by Fire when the Person accused carried in his bare-hand a red-hot Iron some few steps which if it weighed but One Pound was called Single Ordal if Three Pound Treble Ordal or when he walked bare-foot and blind-fold over and between certain red-hot Plough-shares placed at a certain distance if in doing this the Party was Burnt he was pronounced Guilty if not he was accounted Innocent Water Ordal was either when they cast the Accused into Water Water Ordeal What. and if they did Swim were Judged Guilty if they Sunk Innocent or their hands and armes were put sometimes up to the Wrist sometimes up to the Elbow in Boyling hot Water if they were Scalt they were esteemed Guilty if not Innocent [2.] Ll. Longob lib. 1. Tit. 9. c. 39. Glanv lib. 14. c. 1. in fine The Forms Exorcisms c. used in these Tryals The Noble and Freemen were Tryed by Fire Ordal the Peasants and Servants by Water Ordal The Forms Exorcisms Conjurations Offices Litanies Lessons Gospels and Celebration of the Communion used in all sorts of Ordal may be seen in the latter end of Marculphs Formulae where they are the most exact and ample I have seen Also some part of them in Aethelstanes Laws Spelman's Glossary fol. 436. and Origin Jurid fol. 86. The Judgment or Tryal by Cold-Water [3.] Marcul form 1301. Instituted to prevent Perjury Marculph reports was instituted instead of Swearing at the Request of Lud. Pius by Pope Eugenius the Second who obtained the Papacy Anno Dom. 824. and was Pope only three years commanding all Bishops Earls Abbots and all Christian People â—ithin his Empire to defend the Innocent and examine the Nocent by it lest being perjured upon the Reliques of Saints they should destroy their Souls See more in Olaus Wormius Monument Dan. lib. 1. c. 11. de Ordalia Ordeal (b) This way of Purgation or Clearing of themselves from Crimes Debts nay some times Heirs Swearing themselves [4.] Ll. Alaman Tit. 2. §. 2. How and how many Sware antiently Ewa from the Saxon word aew or aewe Jus or Lex in the Preface to Ina's Laws in Lambard See Somners Sax. Dict. in the word aewe Into Estates when the Chart of Donation was lost or burnt is very frequently mentioned in all the German-Laws thus expressed Tertiâ quintâ sextâ duodecimâ manu c. jurare And in the Alaman Laws Tit. 6. being de juratoribus Quales quantos secundum ewa homo habere debet of what condition and how many sacramentales sive conjuratores fellow-Swearers according to the Law a Man ought to have the number of which always varied according to the degrees of the Crime or Matter objected after several cases noted wherein the accused person was to Swear cum uno Sacramentali one only to Swear with him or Tertiâ vel Sextâ manu or with Three or Six The manner of their Swearing is prescribed Ibid. §. 7. Ista Sacramenta debent esse jurata referring to the Cases before-mentioned Vt illi conjuratores manus suas super Capsam ponant ille solus cui causa requiritur tantum dicat super omnium manus manum suam ponat ut sic illi Deus adjuvet vel illa reliquiae ad illas manus quas comprehensas habet ut de illâ causâ unde interpellatus est culpabilis non sit That is those Oathes referring to the Cases before-mention'd ought to be so Sworn that the Fellow-Swearers may put their hands upon the Case of the Reliques and he alone that Prosecuted shall say the words and shall put his hand upon all their hands that so God may help him or those Reliques to which he holds their hands as he is not Guilty of that Cause for which he is prosecuted Some shaddow of this practice we have yet in our Nation in Wager of Law in Actions of Debt without Specialty where the Proof is not clear on the Plaintiffs side the Defendant is admitted to wage his Law That is [5.] Nomothet verb. Law to take his own Oath that he Oweth nothing at all to the Plaintiffe and to bring as many credible persons as the Court shall Assigne to make Oath that they believe he Swears true Oath and (c) Battel or Duel called Wehadine by the Boioarians Decret Tassilon §. 10. Ll. Boioar. Tit. de leg populari §. 5 6. Camfroic decret Tassilon §. 6. he that had his Land taken from him by another might prove it to be his by due Witnesses but if the Invader or Occupier contradicted that Proofe Judgment by Battel it was to be determined by Battel campo adjudicetur Ll. Saxonum c. 15. Siquis Adalingum occiderit 600 Solid componat si negaverit cum 12 juret aut in Campum exeat Ll. Angl. Werin Tit. 1. §. 1 3. That is if any one kills a Noble Man he shall pay 600 Shillings if he denies it he shall clear himself by 12 Compurgators or go into the Field id est Trie it by Battel Si mulier maritum veneficio dicatur occidisse c. If it be said a Woman Poyson'd her Husband her next Relation may Right her by Battel but if she hath no Champion let her be Tryed by Nine red-hot Plough-shares ibid. Tit. 14. All cases of Theft and Wounding which deserve a Mulct of 2 Shillings and upward to the highest Mulct or Composition are to be judged by Battel if the Fact was denyed Ibid. Tit. 15. This way of Judgment by Battel was so prevalent and frequent amongst the Lombards in Italy in the time of King Rotharis who began his Reign about the Year 640 according to Helvicus that although as he sayes they were uncertain concerning the Judgment of God And that they had heard many had by Duel or Battel lost their causes without reason yet such was the Custom of his Nation the Lombards and so pertinacious they were in it that he could not prohibit that wicked Law Ll. Long. lib. 1. Tit. 9. c. 23. More of this and the manner and circumstances of Battel or Duel see in Ll. Alaman Tit. 84. and in my Preface to the Norman History or in the words Battel or Duel in my Glossary There was besides these another way of Examination and finding out Guilt and Innocency Tryal by a Decretory Morsel or Eucharist in some Criminal Causes mentioned by Lambard in his Glossary by a Judicial or Decretory Morsel called by the Saxons Corsned which according to his Interpretation signifies Execrated Bread But Mr. [6.] Glossary in verbo Somner better derives it from the same Cors a Curse and Snaed or Snid a Snidan to cut so that it signifies an Execrated Particle Morsel or Peice This is mentioned in the Purgation of Regular and Secular Priests who if accused
the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5â— Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend
38 40. German Laws Ll. Saxon. c. 1. Anglor and Werin Tit. 1 2 3 4 5. Ll. Boioar. Tit. 3. Addit Ll. Fris Tit. 3. throughout Trespasses ibid. Tit. 4 5 7. Boioar. Tit. 9 10 11. throughout Ll. Inae c. 42. Injuries Ll. Anglor Werin Tit. 12. Ll. Wisigoth lib. 8. Tit. 3 and 4. Salic Tit. 18. Alam Tit. 81. Ll. Longobard lib. 1. Tit. 17. § 1. in ours Ll. Canut c. 16. Ll. Inae c. 9. and in many other English Saxon Laws in all these the Laws were the same though different in the Mulcts or Penalties From these we proceed to a parallel between the possessionary Laws of the English-Saxons and the Germans that is The Law for entring upon and taking away another Mans Estate was Restitution and Punishment Theoderic began his Reign An. 495. Taking away another Mans Goods was Theft the Laws by which they held what they possessed either Lands or Goods or the Laws of meum and tuum If any Man seized or took away anothers Goods or Estate he commonly made restitution and suffered a Mulct for breach of Peace Ll. Alured c. 16. Edict Theoder c. 10. Capit. Car. lib. 5. c. 204. Ll. Wisigoth lib. 8. Tit. 3 and 4. but seizing taking or deteining other Mens Goods was in these Ages reputed a sort of theft and the Law was accordingly These Mulcts were paid in Cattel and other Goods valued at a certain rate both here and in Germany Ll. Alured c. 10. Ll. Saxon. Tit. 18. The Rates how the Germans valued their Good do here follow as expressed in their Laws Solidus est duplex unus habet duos tremisses qui est bos Anniculus 12 Mensium vel ovis cum agno Alter solidus 3 tremisses id est bos 16 mensium The Rates of the German-Cattel and Grain majori solido aliae compositiones minori homicidia componuntur Westfalaiorum Angrariorum Ostfalaiorum solidus est secalis * Lindenbrogius Interprets this Word no otherwise then that he sayes it was an usual Measure amongst the Germans and certainly was no more if so much as our Bushell Sceffila 30 Ordei 40 Avenae 60 quadrinius bos 2 solid 2 boves quibus arari potest 5 Solid Bos bonus 3 Solid Vacca cum vitali Solid duo semis That is there is a two-fold Shilling one of two Tremisses or Thirds that is eight pence which is a yearling Steer of 12 Moneths the other Shilling of Three Tremisses or three thirds which was Twelve pence that is Solid 12. dena capit lib. 8. a Steer 16 Moneths old other Mulcts or Compositions were paid by the Great shilling those for Homicide or Mankilling by the Less The Shilling of the Westfalians Angrarians and Ostfalians was * Lindenbrogius Interprets this Word no otherwise then that he sayes it was an usual Measure amongst the Germans and certainly was no more if so much as our Bushell 30 Scheffils of Rie 40 of Barley and 60 of Oates A Steer 4 years old 2 Shillings 2 Plough-Steers 5 Shillings a good Oxe 3 Shillings a Cow with her Calfe 2 Shillings and halfe And more clearly in the Ripuarian Laws Tit. 26. § 11. Si quis Weregildum solvere debet bovem cornutum videntem sanum pro duobus solid tribuat vaccam cornutam videntem sanam pro uno solido tribuat The Rates of Horses Of Armes equum videntem sanum pro 6 solid tribuat Equam videntem sanam pro tribus solid tribuat Spatham cum scogilo pro 7 solid tribuat spatham absque scogilo pro tribus solid tribuat Bruniam bonam pro 12 Solid tribuat Helmum cum directo pro 6 solid tribuat Banibergas bonas pro 6 Solid tribuat scutum cum Lanceâ pro duobus solid tribuat Of Hawks Acceptorem non domitum pro 3 solid tribuat Commorsum gruarium pro 6 solid tribuat Acceptorem mutatum pro 12 s. tribuat That is he who ought to pay his Weregild may give a horned sound and seeing Steer for 2 s. a horned sound and seeing Cow for 1 s. a seeing and sound Horse for 6 s. A Mare of like condition for 3 s. a Sword with a Hilt or Handle for 7 s. a Sword without a handle for 3 s. a good Coat of Mail for 12 s. An Helmet without a Beauvoir or Belvoir for 6 s. Armor for the Thighs for 6 s. a shield or Buckler with a Lance for 2 s. an untrained Hawk for 3 s. a Crane-Hawk for 6 s. a Mewed-Hawk he may give for 12 s. An Insolvent Freeman entred into Servitude An Insolvent Servant or Slave was Whipt c. If a Freeman had not wherewithal to satisfie he entred into servitude while he had given satisfaction Ll. Longobard lib. 1. Tit. 14. c. 10.13 Capit. 3. Tit. 67. Ll. Alured cap. 10. Ibid. Tit. 25. c. 60. Faed Ed. Guth c. 7. If a servant or slave and could not pay or his Patron would not pay for him he was Whipt Cudgelled or Beaten with so many lashes blowes and stripes as the Law directed Ll. Inae c. 49. Faedus Ed. and Guthrini c. 7 8. Ll. Ethelstani c. 19. and in the German Laws in places sans number Every where The Punishments and Rates for all Faults were set down in a Book kept by the Magistrate The Germans had a Doom-Book wherein was noted the Composition every Man was to make to the Person Injured and to the Emperor for Breach of Peace These Mulcts for all these Offences were set down in a Book which was the rule or standard of the Judges Sentence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ll. Edovar in praefat and as it stands in their Dome or Judgment-Books again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let them compound or give satisfaction as the Judicial or Doom-Book says Ib. c. 8. So in the German-Laws Comes secum habeat librum legis ut semper rectum judicium judicet de omni causâ quae componenda sunt qui contra legem fecit componat sicut lex habet donet comiti illi Wadium de fredo sicut lex est Ll. Boioar. Tit. 15. § 2 3. that is the Earl Count or Governor of the County Comitatus in the former Paragraph shall have the Law-Book with him that he may always Judge right Judgment That in every case he that doth contrary to the Law may compound for such things as are to be compounded for according to the Law as the Law hath it or as it is in the Law-Book and let him give to the Earl Security or Pledge for the Peace as the Law is And as there was the same design and contrivance in their Laws and Punishments so was there the same ways of Purgation or Clearing themselves from supposed false Accusations or such where the proof was not evident or no◠thought sufficient or in dubious Cases and Titles By (a) Somn. Glossar in verbo Ordeal What. And what the Tryal was Ordeal from