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Title LVI. Concerning him who shall have scorned to come to Court.

1. If any man shall have scorned to come to court, and shall have put off fulfilling the injunction of the bailiffs, and shall not have been willing to consent to undergo the fine, or the kettle ordeal, or anything prescribed by law: then he (the plaintiff) shall summon him to the presence of the king. And there shall be 12 witnesses who-3 at a time being sworn-shall testify that they were present when the bailiff enjoined him (the accused) either to go to the kettle ordeal, or to agree concerning the fine; and that he had scorned the injunction. Then 3 others shall swear that they were there on the day when the bailiffs enjoined that he should free himself by the kettle ordeal or by composition; and that 40 days after that, in the mallberg," he (the accuser) had again waited until after sunset, and that he (the accused) would not obey the law. Then he (the accuser) shall summon him before the king for a fortnight thence; and three witnesses shall swear that they were there when he summoned him and when he waited for sunset. If he does not then come, those 9, being sworn, shall give testimony as we have above explained. On that day likewise, if he do not come, he (the accuser) shall let the sun go down on him, and shall have 3 witnesses who shall be there when he waits till sunset. But if the accuser shall have fulfilled all this, and the accused shall not have been willing to come to any court, then the king, before whom he has been summoned, shall withdraw his protection from him. Then he shall be guilty, and all his goods shall belong to the fisc, or to him to whom the fisc may wish to give them. And whoever shall have fed or housed him-even if it were his own wife-shall be sentenced to 600 denars, which make 15 shillings; until he (the debtor) shall have made good all that has been laid to his charge.

Title LVII. Concerning the "Chrenecruda."

1. If any one have killed a man, and, having given up all his property, has not enough to comply with the full

terms of the law, he shall present 12 sworn witnesses to the effect that, neither above the earth nor under it, has he any more property than he has already given. And he shall afterwards go into his house, and shall collect in his hand dust from the four corners of it, and shall afterwards stand upon the threshold, looking inwards into the house. And then, with his left hand, he shall throw over his shoulder some of that dust on the nearest relative that he has. But if his father and (his father's) brothers have already paid, he shall then throw that dust on their (the brothers') children-that is, over three (relatives) who are nearest on the father's and three on the mother's side. And after that, in his shirt, without girdle and without shoes, a staff in his hand, he shall spring over the hedge. And then those three shall pay half of what is lacking of the compounding money or the legal fine; that is, those others who are descended in the paternal line shall do this.

2. But if there be one of those relatives who has not enough to pay his whole indebtedness, he, the poorer one, shall in turn throw the "chrenecruda" on him of them who has the most, so that he shall pay the whole fine.

3. But if he also have not enough to pay the whole, then he who has charge of the murderer shall bring him before the " Thing," and afterwards to 4 Things, in order that they (his friends) may take him under their protection. And if no one have taken him under his protection -that is, so as to redeem him for what he can not paythen he shall have to atone with his life.

Title LIX. Concerning private Property.

1. If any man die and leave no sons, if the father and mother survive, they shall inherit.

3. If the father and mother do not survive, and he leave brothers or sisters, they shall inherit.

3. But if there are none, the sisters of the father shall inherit.

4. But if there are no sisters of the father, the sisters of the mother shall claim that inheritance.

5. If there are none of these, the nearest relatives on the father's side shall succeed to that inheritance.

6. But of Salic land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex.

Title LXII. Concerning Wergeld.

1. If any one's father have been killed, the sons shall have half the compounding money (wergeld); and the other half the nearest relatives, as well on the mother's as on the father's side, shall divide among themselves.

2. But if there are no relatives, paternal or maternal, that portion shall go to the fisc.

II.

CAPITULARY OF CHARLEMAGNE ISSUED IN THE YEAR 802.

(From "Mon. Germ. hist." [Quarto Series] LL. II., p. 9199; also to be found in Altmann u. Bernheim,” p. 4.)

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CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.

The most serene and most Christian emperor Charles did choose from among his nobles the most prudent and the wisest men-archbishops as well as other bishops, and venerable abbots, and pious laymen-and did send them over his whole kingdom; and did grant through them, by means of all the following provisions, that men should live according to law and right. He did order them, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to him: and he, God granting, hopes to better it. And let no one, through his cleverness or astuteness-as many are accustomed to do-dare to oppose the written law, or the sentence

passed upon him, or to prevail against the churches of God, or the poor, or widows, or minors, or any Christian man. But all should live together according to the precept of God, in a just manner and under just judgment; and each one should be admonished to live in unity with the others in his occupation or calling. The monastic clergy should altogether observe in their actions a canonical mode of living, far removed from turpid gains; nuns should keep diligent guard over their lives; laymen and secular clergy should make proper use of their privileges without malicious fraud; all should live together in mutual charity and perfect peace. And let the messengers diligently investigate all cases where any man claims that injustice has been done to him by any one, according as they themselves hope to retain for themselves the grace of omnipotent God, and to preserve the fidelity promised to Him. And thus, altogether and everywhere and in all cases, whether the matter concerns the holy churches of God, or the poor, or wards and widows, or the whole people, let them fully administer law and justice according to the will and to the fear of God. And if there should be any matter such that they themselves, with the counts of the province, could not better it and render justice with regard to it: without any ambiguity they shall refer it, together with their reports, to the emperor's court. Nor should anyone be kept back from the right path of justice by the adulation or the reward of any man, by the obstacle of any relationship, or by the fear of powerful persons.

2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.

And he ordained that every man in his whole kingdom ecclesiastic or layman, each according to his vow and calling-who had previously promised fealty to him as king should now make this promise to him as emperor; and that those who had hitherto not made this promise should all, down to those under 12 years of age, do likewise. And he ordained that it should be publicly told to all—so that each one should understand it—what important things and how many things are comprehended in

that oath not alone, as many have hitherto believed, fidelity to the emperor as regards his life, or the not introducing an enemy into his kingdom for a hostile purpose, or the not consenting to the infidelity of another, or the not keeping silent about it. But all should know that the oath comprises in itself the following meaning:

3. Firstly, that every one of his own accord should strive, according to his intelligence and strength, wholly to keep himself in the holy service of God according to the precept of God and to his own promise-inasmuch as the emperor can not exhibit the necessary care and discipline to each man singly.

4. Secondly, that no one, either through perjury or through any other wile or fraud, or on account of the flattery or gift of any one, shall refuse to give back, or dare to abstract or conceal a slave of the emperor, or a district or territory or anything that belongs to his proprietary right; and that no one shall presume to conceal or abstract, through perjury or any other wile, fugitive fiscaline slaves who unjustly and fraudulently call themselves free.

5. That no one shall presume through fraud to plunder or do any injury to the holy churches of God, or to widows, orphans or strangers; for the emperor himself, after God and his saints, has been constituted their protector and defender.

6. That no one shall dare to devastate a fief of the emperor or to take possession of it.

7. That no one shall presume to neglect a summons to arms of the emperor; and that no count be so presumptuous as to dare to release-out of regard for any relationship, or on account of flattery or of any one's gift-any one of those who owe military service.

8. That no one at all shall dare in any way to impede a bann or precept of the emperor, or delay or oppose or damage any undertaking of his, or in any way act contrary to his will and precepts. And that no one shall dare to

interfere with his taxes and with what is due to him.

9. That no man shall make a practice of unjustly carrying on the defence of another in court, whether from any cupidity, being not a very great pleader; or in order, by