The Laws of William the Conqueror

There are two principal sources for the laws of Wil­1iam the Conqueror. The first and largest body consists of the laws of his predecessors that he confirmed. The sec­ond is contained in the document below and is his actual enactment. The manuscript from which they are taken was written in the reign of his son, Henry I, and seems to be a compilation of sonic ten laws. The sixth paragraph con­tains the first mention of trial by battle, which the Normans introduced to England.

Here is shown that William, king of the English, to­gether with his princes, established after the Conquest of England.

1. Firstly, above everything, he wishes one God to be worshipped throughout all his kingdom, one faith in Christ always to be kept inviolate, peace and tranquility to be preserved between the English anti Normans.

2. We ordain furthermore that every free man shall assert by a covenant and an oath that, within and without England, they wish to be loyal to king William, to protect with him his lands and his honor with all faithfulness, and to defend him against his enemies.

3. I will, moreover, that all the men whom I have brought with me, or who have come after me, may live in my peace anti quiet. And if one of them is killed, his murderer’s lord shall capture the slayer within five days if he can; but if not, he shall start to pay to me forty-six marks of silver so long as his possessions last. But when they are exhausted, the whole hundred in which the slay­ing occurred shall pay in common what remains.

4. And every Frenchman who, in the time of my rela­tive king Edward, partook in England of the customs of the English, shall pay according to the law of the English what they call “scot and lot.” This decree was confirmed in the city of Gloucester.

5. We forbid also that any live cattle be sold or bought for money except within the cities, and before three faith­ful witnesses; nor even anything old without a surety and warrant. But if anyone does otherwise he shall pay and afterwards pay a fine.

6. It was also decreed there that if a Frenchman ac­cuses an Englishman of perjury or murder, theft, homicide, “ran,” as the English call open pillaging which can not be denied, the Englishman may defend himself as he prefers, either through the ordeal of hot water or through trial by battle. But if the Englishman is infirm, he shall find someone else who will do it for him. If one of them shall be defeated he shall pay a fine of forty shillings to the king. If an Englishman accuses a Frenchman, and is unwilling to prove his charge by ordeal or trial by battle, I will, nevertheless, that the Frenchman purge himself by a strong oath.

7. This also I command and will, that all shall have and keep the law of king Edward with regard to their lands and all their possessions, together with those addi­tions which I have established for the benefit of the English people.

8. Every man who wishes to be considered a freeman shall have a surety, in order that his surety may hold him and hand him over to justice it he gives offence in any way. And if any such one escape, his sureties shall directly see to it that they pay what is charged against him, and clear themselves of knowledge of any deceit in his escape. The hundred and county court shall be required as our predecessors decreed. And those who ought of right to come, and are unwilling to come, shall be summoned once; and if a second time they do not wish to come, one ox shall be taken from them and they shall be sum­moned a third time. And if they do not come the third time, another ox shall be taken. Moreover, if they do not come the fourth time there shall be handed over from the goods of that man who was unwilling to come, the amount of the charge against him, which is called “ceapgeld”; and additionally a fine to the king.

9. I prohibit any man to sell another outside the coun­try under penalty of a fine paid in full to me.

10. I also forbid that any one be killed or hung for any crime, but his eyes shall be torn out and his testicles cut off. And this command shall not be violated under penalty of a fine paid in full to me.