Page:Select historical documents of the Middle Ages.djvu/232

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SELECT HISTORICAL DOCUMENTS.

and hitherto necessary to the whole earth, to be observed throughout all parts of our kingdom. In what manner, moreover, this same peace is to be kept and observed, will be clearly shown from what follows.

1. If any one, within the term fixed for the peace, shall slay a man, he shall be sentenced to death, unless by wager of battle he can prove this, that he slew him in defending his own life. But if this shall be manifest to all, that he slew him not of necessity but voluntarily, then neither through wager of battle nor in any other manner shall he keep himself from being condemned to death. But if a violator of the peace shall flee the face of the judge, his movable possessions shall be confiscated by the judge and dispensed among the people; but his heirs shall receive the heritage which he held; this condition being imposed, that a promise shall be given under oath to the effect that that violator of the peace shall never, henceforth, by their will or consent receive any emolument from it. But if later the heirs, neglecting the rigour of the law, shall allow him to have his heritage, the count shall hand over that same heritage to the rule of the king and shall receive it from the king under the name of a benefice.

2. If any one wound another after the proclamation of the peace, unless he prove by wager of battle that he did this while defending his life, his hand shall be amputated and he shall be sentenced as has been explained above: the judge shall most strictly prosecute him and his possessions according to the rigour of justice.

3. If any one take another and without shedding blood beat him with rods, or pull out his hair or beard, he shall pay by way of composition 10 pounds to him on whom the injury is seen to have been inflicted, and 30 pounds to the judge. But if without striking him he shall boldly attack him "asteros hant," as it is vulgarly called, viz., with hot hand, and shall maltreat him with contumelious words, he shall compound with 10 pounds for such excess and shall pay 10 to the judge. And whoever, for an excess, shall engage to pay 20 pounds to his judge, shall hand over his estate to him as a pledge, and within four weeks shall pay the money required; and if within four weeks he neglect