Page images
PDF
EPUB

Laws of Æthelbirht, K. of Kent, fourth in succession after Hengist; was baptised by Augustine A.D. 597 (sed quære A.D. 600), and died, according to Bede, after a reign of fifty-six years, on the 24th of February, A.D. 616 (relating to marriage.)

CAP. LXXVII. Lip man mægð zebized ceapi zeceapod fý. Z1F hit unfacne r. gif hit þonne Facne г. ef þær ætham gebrenze. him man his scæt azere..

CAP. LXXVIII. Li ho cpic beann gebýɲeð. healfne scæt agegif ceorl ær spýlteð!·

CAP. LXXIX. Li mid beannum buzan pille. healfne scæt aze:

CAP. LXXX. Li ceol agan pile. jpa an beaɲn.·

[blocks in formation]

C. LXXVII. "If a man buy a maiden with cattle, let the bargain stand, if it be without guile; but if there be guile, let him bring her home again, and let his property be restored to him.

C. LXXVIII. "If she bear a live child, let her have half the property, if the husband die first.

C. LXXIX. "If she wish to go away with her children, let her have half the property.

C. LXXX. "If the husband wish to have them (let her portion be) as one child.

C. LXXXI. "If she bear no child, let her paternal kindred have the 'fioh,' and the morgen-gyfe.'"

Laws of Hlothhare and Eadric, kings of the Kentishmen. The

former succeeded his brother Ecgberct in July, A.D. 673, and died 6th February, A.D. 685, of wounds received in battle against his nephew Eadric, who then obtained the kingdom, and reigned during a year and a half.

CAP. VI. LIF ceoɲl acpýle be libbendum pife beanne. piht is hit. þ beaɲn. medder Folgize. him man an hir fædering-mazum piljumne bepizean zefelle. hir reoh to healdenne oppæt he x pintɲa

rie

C. VI. "If a husband die, wife and child yet living, it is right that the child follow the mother; and let there be sufficient 'borh' given to him from among his paternal kinsmen to keep his property till he be x years of age."

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Laws of K. Ethelred (son of Edgar); succeeded to the throne on the murder of his brother Edward, A.D. 978, died A.D. 1016.

V. "In nomine Domini Anno Dominicæ Incarnationis M.VIII.

CAP. XXI. And ɲ ælc pýdepe. pe hi rylfe mid juhte zehealde. on Loder gride 7 on þær cynger. J sitte æle XII mona pepleár. ceóre rÿþþan pheo rylf pille : ·

''

"C. XXI. "And let every widow who conducts herself lawfully, be in God's 'grith' and the king's; and let every one continue XII months husbandless; afterwards let her choose what she herself will."

VI. Laws of the same King at the council of Enham.
CAP. XII. The same as to forbidden marriages as in
K. Cnut's law, c. VII, ante p. 188.

CAP. XXVI. A repetition of the above law, c. xxi, that widows remain single twelve months.

Laws of K. Cnut.

"Be pudepan dæt heo ritte XII mondar ceopl-lær. Viduæ non nubant nisi post bis senos menses.

[ocr errors]

"Of a widow, that she continue XII months husbandless.

CAP. LXXIV. And sitte ælc pudupe penlear pelf-monað. ceore rýppan þ heo rýly pille. J zi heo binnan geaɲer fæce per zeceore ponne polize heo pæne morgen-gyfe ealɲa þæɲa æhta þe heo puɲh æpɲan pen hærde. Fon pa nehɲtan frýnd to þam lande to þam æhtan þe heo æn hærde. And rỷ he hir pener scyldig pið þone cyning oppe pið þone pe he hit geunnen hæbbe. And peah heo nyd-numen peopde polize

[ocr errors]

C. LXXIV. "And let every widow continue husbandless a twelvemonth. Let her then choose what she herself will; and if she, within the space of a year, choose a husband, then let her forfeit her morgengyfu' and all the possessions which she had through her first husband. And let the nearest kinsmen take the land and the possessions that she had before. And let him (the husband) be liable in his 'wer' to the king, or to him to whom he

pæna æhta. buton heo Ƒnam pam ceople pille ert ham ongeannæfre eft heo his ne peopde. And ne hadige man æfɲe pudepan to hɲædlice. And gelærte ælc pudupe pa heregeata binnan tpelf-monðum buton hine æn to onhazize pitelear..

may have granted it. And though she be taken forcibly, let her forfeit the possessions, unless she be willing to go home again from the man, and never again be his. And let not a widow take the veil too precipitately. And let every widow pay the heriots 'wite-less' within twelve months, except it be convenient to her earlier."

We now offer to our fair readers some observations the laws of our Saxon monarchs relating to marriage.

[ocr errors]

upon

The expressions in Cnut's law, cap. LXXV, "Let no man for money sell her;" and in that of Ine, cap. XXXI, "If a man buy a wife;" and in that of Ethelbirht, cap. LXXVII, "If a man buy a maiden with cattle," may somewhat alarm the delicacy and sensibility of the fair daughters of Kent, and may induce them to imagine that our Anglo-Saxon ancestors actually bought and sold their daughters. There is however no foundation for a charge of so gross a nature. It arises entirely from our imperfect acquaintance with the A.-Saxon language. Indeed, the scrupulous care and anxiety with which the A.-Saxon laws, as we have seen, watched over and protected the interests of females in the article of marriage, must dispel every doubt upon the subject.

Our Saxon ancestors did not use the words buy and sell in the modern sense of a purchase and sale for money only. The A.-S. verb Byczan, zebigan, or gebiczan, to buy, to purchase, signifies also to procure, to obtain; and the A.S. verb Syllan, jellan, jelan, gerÿllan, signifies primarily to give, bestow, deliver, render, give up; its secondary, and more modern signification, is to sell, to deliver for gain.

Throughout the A.-Saxon laws relating to marriage the verbs Byczan and Syllan are used in their primary significa

tion, to procure, and to give. and to give. As in the law of Ethelbirht, "If a man buy a maiden with cattle" (c. LXXvij), and in that of K. Ine, "If a man buy a wife, and the marriage take not place" (c. XXXI.) This is amply shown by the law of K. Cnut : "Let no man marry a woman against her will;" and, "Let no man compel either woman or maiden to him whom she herself misliketh, nor for money sell her, unless he is willing to give anything voluntarily" (c. LXXV.) Again, in the laws of K. Edmund, 'Of Betrothing a Woman'-" If a man desire to betroth a maiden or a woman, and it so be agreeable to her and her friends, then it is right," &c. (c. 1.)

That we may leave no doubt on the minds of our fair readers upon this important point, we will show a few instances of this use of the Saxon verbs.

And, firstly, of the verb Syllan, to give, to sell.

Unne dæzhpanlıcan hlaƑ

fylle us to dæg.

(From the Saxon Gospels, circ. A.D. 890.)

Again-play urerne dægpamlicu jel ur to dæg.

[blocks in formation]

"Our daily loaf sell us to-day;"

but according to our present translation, "Give us this day our daily bread."

"Our daily loaf sell us to-day." (From the Dano-Sax. Gospels, circ. A.D. 930.)

"God loved the world so, that he gave [sold] his only begotten Son, &c." (4.-S. Gospels, John, iii, 16.)

I to you give [sell] a new commandment, that ye love between you." (John, xiii, 34.)

"What exchange shall man give [sell] for his soul?" (Mark, viii, 37.)

"God gave [sold] a soul neither to beasts nor fish," &c. (Elfric's Sermon on Creation.)

« PreviousContinue »