hfest,[A]) or pedissequa, (folghere,[B]) must enter into the
hundred and tithing, and all above twelve to swear he will not be a
thief or consenting to a thief.--Leges Cnuti, 19.

[A] Heorthfeste,--the same with Husfastene, i.e. the master of a family,
from the Saxon, Hearthfaest, i.e. fixed to the house or hearth.

[B] The Folgheres, or Folgeres, were the menial servants or followers of
the Husfastene, or Housekeepers.--Bracton, Lib. III., Tract. 2, cap. 10.
Leges Hen. I. cap. 8.

[68] Si quis terram defenderit testimonio provinciae, &c.--Leges Cnuti,
76: And sethe land gewerod hebbe be scyre gewitnesse.

[69] See, in Madox, the case in Bishop of Bathes Court See also Brady,
272, where the witnesses on one side offer to swear, or join battle with
the other.

[70] Parentibus occisi fiat emendatio, vel guerra eorum portetur; unde
Anglice proverbium habetur, Bige spere of side, oththe baer; id est, Eme
lanceam a latere, aut fer.--Leges Ed. 12.

The fines on the town or hundred.

Parentes murdrati sex marcas haberent, rex quadraginta. [This different
from the ancient usage, where the king had half.] Si parentes deessent,
dominus ejus reciperet. Si dominum non haberet, felagus ejus, id est,
fide cum eo ligatus.--Leges Ed. 15.

[71] Purveyance. Vide Leges Cnuti, 67.

Si quis intestatus ex hac vita decedat, sive sit per negligentiam ejus,
sive per mortem subitaneam, tunc non assumat sibi dominus plus
possessionis (aehta) ipsius quam justum armamentum; sed post mortem
possessio (aehtgescyft) ejus quam justissime distribuatur uxori et
liberis, et propinquis cognatis, cuilibet pro dignitate quae ad cum
pertinet.--Leges Cnuti, 68.

BOOK III.

CHAPTER I.

VIEW OF THE STATE OF EUROPE AT THE TIME OF THE NORMAN INVASION.

Before the period of which we are going to treat, England was little
known or considered in Europe. Their situation, their domestic
calamities, and their ignorance circumscribed the views and politics of
the English within the bounds of their own island. But the Norman
conqueror threw down all these barriers. The English laws, manners, and
maxims were suddenly changed; the scene was enlarged; and the
communication with the rest of Europe, being thus opened, has been
preserved ever since in a continued series of wars and negotiations.
That we may, therefore, enter more fully into the matters which lie
before us, it is necessary that we understand the state of the
neighboring continent a