An important feature in the administration of criminal law was the recognition of the right of Sanctuary to the house of the king and the churches, which had probably been introduced from the imperial law by the influence of the missionaries. The laws of Ine recognize the right of sanctuary to a church; a murderer taking sanctuary is to have his life but to make bôt, according to law, a theowe who has incurred scourging shall be excused the penalty.
The laws of Alfred allow three days’ sanctuary in the “mynsterham,” which is free from the king’s farm, or any other free community, with a bôt of 120s. for its violation, to be paid to the brotherhood; and seven days in every church hallowed by the bishop, with the penalty of the king’s “mund and byrd” and the church’s “frith” for its violation. The Church ealdor is to take care that no one give food to the refugee. If he be willing to give up his weapons to his foes, then let them keep him thirty days, and give notice to his kinsmen (that they may arrange the legal bôt[67]). King Athelstan’s laws further modify the right of sanctuary; a thief or robber fleeing to the king or to any church, or to the bishop, is to have a term of nine days; if he flee to an ealdorman, or an abbot, or a thane, three days; and he who harbours him longer is to be worthy of the same penalty as the thief. The king’s grith (protection) is to extend from his burhgate where he is dwelling, on its four sides three miles three furlongs and three acres breadth, and nine feet nine palms and nine barley-corns. A law of Canute already quoted (p. 53) assigns different values of grith (protection) to the different kinds of churches, the grith bryce (penalty for violation of grith) of a chief minster is £5; of a minster of the middle class, 120s., and of one yet less where there is a small parish (lytel þeoþðom, in the laws of Henry I.), provided there be a burial-place, 60s., and of a field-church, where there is no burial-place, 30s.
Akin to this privilege of sanctuary is the penalty for acts of violence in certain places and before certain persons. By the laws of King Ine, if any man fight in a king’s house he shall forfeit all his property; if in a minster, make bôt of 120s. By the laws of King Alfred, if a man fight or draw his weapon before an archbishop he shall make bôt of 150s.; if before a bishop or an ealdorman, 100s. The laws of Alfred enact that if any man steal from a church he shall restore it and lose his hand, or redeem his hand at the amount of his “wergild;” it is to be remembered that churches were used as places of deposit for valuables, and the law probably is intended to protect these as well as the movables belonging to the church itself.
The laws of Wihtred of Kent make the word of a king or a bishop incontrovertible without an oath; a priest, like a king’s thane, is to clear himself with his own oath at the altar; he is to stand before the altar in his vestments, and laying his hand upon the altar, to say, “Veritatem dico in Christo, non mentior;”[68] the superior of a monastery is to make oath like a priest; a clerk, like a “ceorlish man,” to make like oath at the altar, but to have four compurgators. The rank of a priest as equal to that of a thane is frequently recognized.[69] The laws of Ine (15 and 19), make the oath of a man who is a communicant worth twice as much as that of a man who is not.
It is convenient to gather into one view what the laws say about the Tithe and other Payments which the people made to the church. The laws did not then for the first time enact these payments. The first missionaries had no doubt taught the people that it was the duty of Christian men to maintain the church and the clergy by tithes and offerings. If the assertion be true that the people had been accustomed to pay tithe to their heathen priests, and there is evidence in favour of the probability, then it came the easier to them.[70] The kings and their witans, in this as in many other matters, recognized and gave the sanction of law to existing custom. The payment of tithe was recognized as obligatory in the Legatine Council of Cealchythe in 785, which being attended and confirmed by the Kings of Kent, Mercia, Wessex, and Northumbria, and their ealdormen, had the authority of a Witenagemot, just at the time that similar measures were being taken in the Frank dominions. From that time the payment was frequently mentioned in the laws. The laws of King Alfred define the tithe as of “moving and growing things.” The laws of King Edmund enact that every man pay tithe, church scot, Rome fee, and plough-alms on pain of excommunication. The laws of Edgar define to whom the payment shall be made, viz. to the old minster to which the district belongs; a thane who has a church at which there is a burial-place, may pay a third of his tithe to his own priest; if the thane’s church is without a burial-place, he is to pay his tithe to the minster, and church scot and plough-alms are also to be paid to the minster, and the thane may pay to his priest what he will. They also recite the times at which these payments are to be made on penalty of the full “wite” (fine to the king) which the Doom-book specifies. They also prescribe a process for the recovery of tithe; the king’s reeve and the bishop’s reeve, with the priest of the minster to whom it is due, are to take the tithe by force, and the rest is to be forfeited half to the king and half to the bishop, whether the defaulter be a king’s man or a thane’s. The payment of the “hearth penny” (St. Peter’s penny) is to be enforced by a very curious process: the defaulter is to be taken to Rome—perhaps it means to the house of the pope’s agent, for the collection of Peter pence—and, in addition to what is due, is to pay 30d., and bring a certificate of the payment, and then is to forfeit 120s. to the king; if he refuse, he is to be taken again to Rome, and on his return to forfeit 200s.; and if he still refuse, he is to forfeit all that he has. The severity of the enactment suggests the question whether there was at that time on the part of some persons a special unwillingness to pay the “penny of St. Peter.”
The religious observance of Sunday was the subject of frequent enactments. The third of the laws of Ine enacts that if a theow work on Sunday by his lord’s command, the theow shall be exempt from penalty, but his lord shall pay 30s.; if the theow work of his own accord (since he has no money), he shall “pay with his skin,” i.e. shall be scourged. If a free man work on that day without his lord’s command, he shall forfeit his freedom or pay 60s.; a priest offending shall be liable to a double penalty. The laws of Wihtred of Kent contain enactments to the same effect. The laws of Alfred encourage the observance of other holy days by the enactment that “to all free men these days be given” (i.e. free men are not to be required by their lords to work on these days): twelve days at the Nativity, Good Friday—“the day on which Christ conquered the devil,” St. Gregory’s day, seven days before Easter and seven days after, St. Peter’s day and St. Paul’s day, in autumn a full week before the festival of St. Brice (Nov. 13), one day before All Saints, and the four Wednesdays in the four fasting (Ember) weeks. The law does not free theowes from work on these days, but suggests to their masters to give them, in God’s name, such relaxation from work on such of these days as they shall deserve. The laws of Edgar define that Sunday is to be kept from noontide of Saturday till dawn of Monday. At the Council of Eynsham (1009), it was further enjoined that there be no markets or folk motes (the laws of Canute also forbid hunting) on Sundays; that all St. Mary’s feast tides be honoured with those of every apostle, and Fridays be kept as a fast. Festivals of English saints were from time to time added to the Kalendar. We have seen that the Council of Clovesho (747), decreed the observance of days in honour of St. Gregory and St. Augustine. In the decrees of the Council of Enysham we find: “The witan have chosen that St. Edward’s mass day shall be celebrated all over England on the XV. Kal. Apr.” (March 18). The laws of Canute repeat the obligation of the previous holy days, and after mention of the witan’s appointment of a festival of St. Edward, add a festival of St. Dunstan on XIV. Kal. Junias (May 19).
Slavery was a recognized institution of the society of those times. The class of “theowmen” was probably made up partly of conquered Britons and their descendants, partly of captives taken in the mutual wars of the heptarchic kingdoms, partly of freemen who had been condemned to this penalty for their crimes or incurred it by poverty. A prominent feature of the influence of Christianity was the encouragement it gave to masters to treat their theowes with kindness, and its success in promoting their manumission as an action well-pleasing to God. Several of the codes of law deal with the subject. We have seen already how the legislation on the observance of Sundays and holy days did not go so far as to interfere with the right of the masters, but did invite them, for the love of God, to give their theowes some relaxation of labour on the great festivals of the Church. A law of Wihtred, King of Kent, defines that if any one give freedom to his man at the altar, he shall be folk-free, though it retains to the freedom-giver the heritage and wergild and mund of his family. A law of Ine enacts that he who sells over sea his own countryman, bond or free, though he be guilty, shall pay according to his wēr.
A law of Alfred enacts that if any man buy a Christian slave, he shall serve for six years, and on the seventh he shall go out as he came in, with the same clothes, etc.; if he came in with a wife he shall go out with her, but if the lord have given him a wife, she and her children shall still belong to the lord. A law of Ethelred (978-1016) enacts that a slave (uncondemned) shall not be sold out of the country.