HKB
was generally taken on the spot, and the robber or murderer was either hanged upon the nearest tree, or slain where he was captured--no evidence was required,--no defence was allowed.
There were two other forms of ordeal, called the cross and the corsned; the former consisted of two pieces of wood, which were covered over, one bearing the mark of the cross; if the accused drew this, he was considered innocent; if the piece that was unmarked, guilty. The other consisted in swallowing a piece of bread which the priest had blessed; if it stuck in the throat, or the culprit turned pale, or trembled, or had a difficulty in swallowing it, he stood condemned. Besides fines, many of the punishments they inflicted were severe; they used the whip and the heated brand, mutilated the face, imprisoned, banished, sentenced the guilty to slavery, or doomed them to suffer imprisonment, while their capital punishments appear to have been hanging and stoning to death. The land was divided into what was called "folkland" and "bocland." The folkland was such as belonged to the king and the people; that which was held by agreement or charter was called "bocland," or land made over by agreement of the book, or some written instrument, though conveyances of land were sometimes made by the delivery of an arrow, a spear, or any other object. The king had, however, his bocland or private property, as is proved by the will of king Alfred; and the word folkland in time was changed to crownland, which, no doubt, means that the wastes and commons which the people were allowed to make use of, and were not private property, were considered to belong to the king or the state. Boclands appear originally only to have been granted during the life of the holder. It was the work of time and the change of events which caused them to become hereditary. The Saxons were divided into many classes or ranks; first stood the king, then the earls, nobles, or chiefs; then came the other class of small landed proprietors; and below these another grade, whom we may term freemen; the theows, ceorls, or villains, came last, and were slaves of the soil; if the estate changed hands, the theow went to the next owner; on no account could he remove from the land; he was, however, protected, and, so long as he did his duty, could not be removed by the owner; neither could more than a regular portion of labour be exacted from him; but we have before alluded to his privileges in the laws of Ina. The ceremonies used at their witenagemotes, guilds, moots, and other courts, are matters of law rather than subjects suited to a narrative and picturesque history of England.
LITERATURE.
We have no proof that the early pagan Saxons possessed an alphabet, or had any acquaintance with a written language, until the introduction of Christianity; for, unlike the Britons, they had not the enlightened Romans to instruct them. Even as late as Alfred's time, we have shown that but few of the English chiefs could either read or write; and we find Wihtred, king of Kent, as long after the Saxon invasion as the year 700, unable to affix his signature to a charter, but causing some scribe, who had probably drawn up the document, to add as an explanation to the royal mark, that "I, Wihtred, king of Kent, have put this sign of the holy cross to the charter, on account of my ignorance of writing." As the Saxons were the avowed enemies of the ancient Cymry, and came amongst them only to slay, destroy, and take possession of the land, it is easy to account for the length of time that must have elapsed before the Britons would impart the knowledge they had gathered from the Romans to their Saxon conquerors.