Arrival on Canadian soil often had a powerful impact on fugitive slaves reaching the end of a dangerous journey to freedom. One observer reported that "they seemed to be transformed; a new light shone in their eyes...." Letters written by black refugees back to American friends reflect Canada's transforming effect. Fugitive Thomas H. Jones offered his reaction in a letter to Daniel Foster, his Massachusetts benefactor. Jones, who had escaped from slavery two years earlier, was forced by slave catchers to flee to the Maritime Provinces, leaving his wife nand children with friends in Salem, Massachusetts. Even so, Jones confided to Foster that, upon arriving in Canada, he felt for the first tim, "that my bones are a property bequeathed to me for my own use." Hill, Freedom-Seekers, 59; Lib[ The Liberator], 30 May 1851.
St. John, N[ew] B[runswick]
May 5, 1851
DEAR BROTHER: (1)
From my knowledge of your generous nature and kind Christian hospitality, I know it will be a source of pleasure to you to be informed of my safe arrival here on British ground. Quite free from terror, I now feel that my bones are a property bequeathed to me for my own use, and not for the servitude or gratification of the white man, in that gloomy and sultry region, where the hue of the skin has left my race in thraldom and misery for ages.
O, my dear friend! how good it is to live on the poorest fare, where the mind may apply its immortal powers to the contemplation of heaven and heavenly things, unawed by the monsters who would tie us to a tree and scourge us in our nakedness for attempting to worship the Creator in spirit and in truth!
The atrocity of the hideous system under which I groaned for more than forty years was never so strikingly demonstrated to my mind as it has been by breathing under the auspices and protection of a Government that allows all its children to go abroad in the true liberty of nature, every person free to frequent the altar or the sanctuary to which Conscience would lead him; no cause for degradation but vice, and no lever of promotion but virtue and intelligence.
I begin to see clearly, and to hope with reason, that the Refugee Law has or will awaken the world to a sense of our deep wrongs; and I feel warranted in saying, that the nations of the earth will soon give an expression of opinion upon our cause which will shame the southern white man out of his cruelty, and cause him to unchain his sable victims. The Ethiopian will ere long be redeemed from his bondage, (2) for Jehovah will be his Emancipator, as he is his King, Creator and Judge.
As to this Province, I have found a home of refuge, full of true, warm, generous Christians, whose hearts, abounding with the love of God, are full of sympathy for the slave, whom they will help to free in due time, as far as human means can extend. The citizens of St. John have received me in the spirit of brotherhood, and only that my mission calls me beyond the seas, I might remain here, and be an instrument of good for many years to come.
In a few days, I proceed to Halifax, and thence to England, as soon as circumstances will permit. (3) Hoping that you will remember me to every kind friend taking an interest in my destinies, I am, Your brother in Christ,
THOMAS H. JONES (4)
P.S. Wherever I preach or lecture, I am followed by enthusiastic houses.
T. H. J.
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Scholarly and bibliographic notes from The Black Abolitionist Papers.
Some bibliographic citations reference the microform edition of the The Black Abolitionist Papers which was published by Microfilming Corporation of America. Square brackets contain the reel number, a colon, and then the frame number, of the microfilm edition where there citation can be found: [reel #: frame #]
1. Daniel Foster (?-1864), a Massachusetts minister, studied at Dartmouth and Andover. He embraced Garrisonian abolitionism in 1848 and served as an agent for the Massachusetts Anti-Slavery Society in the early 1850s but broke with the Garrisonians in 1853. He taught at a black school in Boston for a time, served briefly as chaplain of the state house of representatives (1857), and joined the free settlers struggle in Kansas. Foster enlisted in the Union army in 1862 as a chaplain and received a captain's commission before he was killed in action at Chapin's Bluff, Virginia. Lib [The Liberator], 21 June 1861, 25 March, 17 August 1862, 29 November 1863, 21 October 1864; WAA [Weekly Anglo-African], 29 October 1864; NASS [National Anti-Slavery Standard], 6 June 1863.
2. Jones refers to members of the black race, particularly New World slaves.
3. Jones intended to leave for London during the month in order to be an anti-slavery representative at the Great Exhibition of 1851. In July 1852, he was still planning to visit England to solicit funds to purchase his wife's son out of slavery in North Carolina. No evidence exists to suggest that Jones ever crossed the Atlantic to Britain. Lib [The Liberator], 30 May 1851, 13 August 1852 [7: 0697].
4. Thomas H. Jones (1806-?) was born to slave parents near Wilmington, North Carolina. He lived on the plantation of John Hawes until about 1815, when he was sold to a Wilmington storekeeper from whom the slave obtained his surname. While working as a house servant, then a store clerk, Jones obtained a rudimentary education. Upon reaching adulthood, he married a slave named Lucilla Smith, and they produced three children before being separated several years later when her mistress moved to Alabama. Following his master's death in 1829, Jones was sold to Owen Holmes of Wilmington, who hired him out as a stevedore. By the mid-1830s, convinced that he would never see his family again, Jones remarried, this time to a slave named Mary R. Moore. She bore several children before Jones purchased her out of slavery. They lived in the free black community of Wilmington until 1849, when a white lawyer friend warned Jones about plans to reenslave his children, who were technically still slaves. The lawyer attempted to maneuver a special act for their emancipation through the North Carolina legislature. When this effort failed, Jones sent his wife and children—except a son, Edward, who remained in slavery—to safety in the free states. In August 1849, Jones stowed away on the brig Bell until it reached New York, where he rejoined his family. He was quickly drawn into the antislavery movement, and lectured for several months in Connecticut and western Massachusetts before settling in Salem, where he preached regularly at the local Wesleyan Church. At the 1850 meeting of the Massachusetts Anti-Slavery Society, he defended William Lloyd Garrison against clerical critics, which gained him the attention of Garrisonians and earned him the friendship and support of Massachusetts clergyman-abolitionist Daniel Foster. In May 1851, the threat of slave catchers forced Jones to flee to the Maritime Provinces, leaving his family behind in Salem. Basing himself in St. John, he gave antislavery lectures throughout New Brunswick and Nova Scotia, frequently attracting sizable audiences. He also enlisted subscribers for the Liberator. Word reached Jones in 1852 that he could purchase his eldest son Edward for $850. His wife raised $324 in the Boston area, but the remainder came in slowly, so Jones turned his full attention toward redeeming his son from slavery. He solicited contributions throughout the Maritimes and considered a fund-raising tour of England that never materialized. Jones returned to Massachusetts in August 1853. His treatment on the steamer Eastern City during the trip back briefly made him an antislavery cause célèbre; a clerk who had assaulted Jones during the voyage to Boston and forced him to pass the night on deck was eventually arrested for his actions. After arriving in Boston, Jones toured New England and penned his narrative, The Experience of Thomas Jones (1854), to raise funds to free his son. Although Jones's narrative sold well, it remains unclear when (or if) he completed his son's purchase. But by 1859 he had settled in Worcester, Massachusetts, and reemerged as a minor figure in the antislavery movement. He attracted considerable attention with a speech given before the August 1859 New England Colored Citizens' Convention in Boston, in which he urged black Americans to militantly "strike for liberty." He also became a vocal critic of black emigration projects, particularly those advocated by the African Civilization Society. Jones continued to reside in Worcester through 1862. Thomas H. Jones, The Experience of Thomas Jones, Who was a Slave for Forty-Three Years (Springfield, Mass., 1854); Massachusetts Anti-Slavery Society, Eighteenth Annual Report (1850), 98 [6:0364]; Lib [The Liberator], 30 May 1851, 13 August 1852, 19 August, 2 September 1853, 18 August 1854 [6:0949, 7:0697, 8:0430]; Thomas H. Jones to William Lloyd Garrison, 10 February 1854, Anti-Slavery Collection, MB [Boston Public Library and Easter Massachusetts Regional Library System, Boston, Massachusetts] [8:0650-51]; Foner and Walker, Proceedings of Black State Conventions, 2: 216, 223; Worcester City Directory, 1860-62.
from: http://docsouth.unc.edu/fpn/jones/support1.html
Saturday, July 5, 2008
To Aleanor, Queen of England. From [Rotrou] the Archbishop of Rouen & his Suffragens:
Greetings in the search for peace --
Marriage is a firm and indissoluble union. This is public knowledge and no Christian can take the liberty to ignore it. From the beginning biblical truth has verified that marriage once entered into cannot be separated. Truth cannot deceive: it says, "What God has joined let us not put asunder [Matt 19]." Truly, whoever separates a married couple becomes a transgressor of the divine commandment.
So the woman is at fault who leaves her husband and fails to keep the trust of this social bond. When a married couple becomes one flesh, it is necessary that the union of bodies be accompanied by a unity and equality of spirit through mutual consent. A woman who is not under the headship of the husband violates the condition of nature, the mandate of the Apostle, and the law of Scripture: "The head of the woman is the man [Ephes 5]." She is created from him, she is united to him, and she is subject to his power.
We deplore publicly and regretfully that, while you are a most prudent woman, you have left your husband. The body tears at itself. The body did not sever itself from the head, but what is worse, you have opened the way for the lord king's, and your own, children to rise up against the father. Deservedly the prophet says, "The sons I have nurtured and raised, they now have spurned me [Isaiah 1]." As another prophet calls to mind, "If only the final hour of our life would come and the earth's surface crack open so that we might not see this evil"!
We know that unless you return to your husband, you will be the cause of widespread disaster. While you alone are now the delinquent one, your actions will result in ruin for everyone in the kingdom. Therefore, illustrious queen, return to your husband and our king. In your reconciliation, peace will be restored from distress, and in your return, joy may return to all. If our pleadings do not move you to this, at least let the affliction of the people, the imminent pressure of the church and the desolation of the kingdom stir you. For either truth deceives, or "every kingdom divided against itself will be destroyed [Luke 11]." Truly, this desolation cannot be stopped by the lord king but by his sons and their allies.
Against all women and out of childish counsel, you provoke disaster for the lord king, to whom powerful kings bow the neck. And so, before this matter reaches a bad end, you should return with your sons to your husband, whom you have promised to obey and live with. Turn back so that neither you nor your sons become suspect. We are certain that he will show you every possible kindness and the surest guarantee of safety.
I beg you, advise your sons to be obedient and respectful to their father. He has suffered many anxieties, offenses and grievances. Yet, so that imprudence might not demolish and scatter good will (which is acquired at such toil!), we say these things to you, most pious queen, in the zeal of God and the disposition of sincere love.
Truly, you are our parishioner as much as your husband. We cannot fall short in justice: Either you will return to your husband, or we must call upon canon law and use ecclesiastical censures against you. We say this reluctantly, but unless you come back to your senses, with sorrow and tears, we will do so.
From:http://www.fordham.edu/halsall/source/eleanor.html
Greetings in the search for peace --
Marriage is a firm and indissoluble union. This is public knowledge and no Christian can take the liberty to ignore it. From the beginning biblical truth has verified that marriage once entered into cannot be separated. Truth cannot deceive: it says, "What God has joined let us not put asunder [Matt 19]." Truly, whoever separates a married couple becomes a transgressor of the divine commandment.
So the woman is at fault who leaves her husband and fails to keep the trust of this social bond. When a married couple becomes one flesh, it is necessary that the union of bodies be accompanied by a unity and equality of spirit through mutual consent. A woman who is not under the headship of the husband violates the condition of nature, the mandate of the Apostle, and the law of Scripture: "The head of the woman is the man [Ephes 5]." She is created from him, she is united to him, and she is subject to his power.
We deplore publicly and regretfully that, while you are a most prudent woman, you have left your husband. The body tears at itself. The body did not sever itself from the head, but what is worse, you have opened the way for the lord king's, and your own, children to rise up against the father. Deservedly the prophet says, "The sons I have nurtured and raised, they now have spurned me [Isaiah 1]." As another prophet calls to mind, "If only the final hour of our life would come and the earth's surface crack open so that we might not see this evil"!
We know that unless you return to your husband, you will be the cause of widespread disaster. While you alone are now the delinquent one, your actions will result in ruin for everyone in the kingdom. Therefore, illustrious queen, return to your husband and our king. In your reconciliation, peace will be restored from distress, and in your return, joy may return to all. If our pleadings do not move you to this, at least let the affliction of the people, the imminent pressure of the church and the desolation of the kingdom stir you. For either truth deceives, or "every kingdom divided against itself will be destroyed [Luke 11]." Truly, this desolation cannot be stopped by the lord king but by his sons and their allies.
Against all women and out of childish counsel, you provoke disaster for the lord king, to whom powerful kings bow the neck. And so, before this matter reaches a bad end, you should return with your sons to your husband, whom you have promised to obey and live with. Turn back so that neither you nor your sons become suspect. We are certain that he will show you every possible kindness and the surest guarantee of safety.
I beg you, advise your sons to be obedient and respectful to their father. He has suffered many anxieties, offenses and grievances. Yet, so that imprudence might not demolish and scatter good will (which is acquired at such toil!), we say these things to you, most pious queen, in the zeal of God and the disposition of sincere love.
Truly, you are our parishioner as much as your husband. We cannot fall short in justice: Either you will return to your husband, or we must call upon canon law and use ecclesiastical censures against you. We say this reluctantly, but unless you come back to your senses, with sorrow and tears, we will do so.
From:http://www.fordham.edu/halsall/source/eleanor.html
Leif the Lucky Baptized
After the sixteen winters had lapsed, from the time when Eric the Red went to colonize Greenland, Leif, Eric's son, sailed out from Greenland to Norway. He arrived in Drontheim in the autumn, when King Olaf Tryggvason was come down from the North, out of Halagoland. Leif put into Nidaros with his ship, and set out at once to visit the king. King Olaf expounded the faith to him, as he did to other heathen men who came to visit him. It proved easy for the king to persuade Leif, and he was accordingly baptized, together with all of his shipmates. Leif remained throughout the winter with the king, by whom he was well entertained.
Biarni Goes in Quest of Greenland
Heriulf was a son of Bard Heriulfsson. He was a kinsman of Ingolf, the first colonist. Ingolf allotted land to Heriulf between Vag and Reykianess, and he dwelt at first at Drepstokk. Heriulf's wife's name was Thorgerd, and their son, whose name was Biarni, was a most promising man. He formed an inclination for voyaging while he was still young, and he prospered both in property and public esteem. It was his custom to pass his winters alternately abroad and with his father. Biarni soon became the owner of a trading-ship; and during the last winter that he spent in Norway [his father] Heriulf determined to accompany Eric on his voyage to Greenland, and made his preparations to give up his farm. Upon the ship with Heriulf was a Christian man from the Hebrides; he it was who composed the Sea-Roller's Song, which contains this stave:
"Mine adventure to the Meek One, Monk-heart-searcher, I commit now; He, who heaven's halls doth govern, Hold the hawk's-seat ever o'er me!"
Heriulf settled at Heriulfsness, and was a most distinguished man. Eric the Red dwelt at Brattahlid, where he was held in the highest esteem, and all men paid him homage. These were Eric's children: Leif, Thorvald, and Thorstein, and a daughter whose name was Freydis; she was wedded to a man named Thorvard, and they dwelt at Gardar, where the episcopal seat now is. She was a very haughty woman, while Thorvard was a man of little force of character, and Freydis had been wedded to him chiefly because of his wealth. At that time the people of Greenland were heathen.
Biarni arrived with his ship at Eyrar [in Iceland] in the summer of the same year, in the spring of which his father had sailed away. Biarni was much surprised when he heard this news, and would not discharge his cargo. His shipmates inquired of him what he intended to do, and he replied that it was his purpose to keep to his custom, and make his home for the winter with his father; "and I will take the ship to Greenland, if you will bear me company." They all replied that they would abide by his decision. Then said Biarni, "Our voyage must be regarded as foolhardy, seeing that no one of us has ever been in the Greenland Sea." Nevertheless, they put out to sea when they were equipped for the voyage, and sailed for three days, until the land was hidden by the water, and then the fair wind died out, and north winds arose, and fogs, and they knew not whither they were drifting, and thus it lasted for many "doegr." Then they saw the sun again, and were able to determine the quarters of the heavens; they hoisted sail, and sailed that "doegr" through before they saw land. They discussed among themselves what land it could be, and Biarni said that he did not believe that it could be Greenland. They asked whether he wished to sail to this land or not. "It is my counsel" [said he] "to sail close to the land." They did so, and soon saw that the land was level, and covered with woods, and that there were small hillocks upon it. They left the land on their larboard, and let the sheet turn toward the land. They sailed for two "doegr" before they saw another land. They asked whether Biarni thought this was Greenland yet. He replied that he did not think this any more like Greenland than the former, "because in Greenland there are said to be many great ice mountains." They soon approached this land, and saw that it was a flat and wooded country. The fair wind failed them then, and the crew took counsel together, and concluded that it would be wise to land there, but Biarni would not consent to this. They alleged that they were in need of both wood and water. "Ye have no lack of either of these," says Biarni¬a course, forsooth, which won him blame among his shipmates. He bade them hoist sail, which they did, and turning the prow from the land they sailed out upon the high seas, with south-westerly gales, for three "doegr," when they saw the third land; this land was high and mountainous, with ice mountains upon it. They asked Biarni then whether he would land there, and he replied that he was not disposed to do so, "because this land does not appear to me to offer any attractions." Nor did they lower their sail, but held their course off the land, and saw that it was an island. They left this land astern, and held out to sea with the same fair wind. The wind waxed amain, and Biarni directed them to reef, and not to sail at a speed unbefitting their ship and rigging. They sailed now for four "doegr," when they saw the fourth land. Again they asked Biarni whether he thought this could be Greenland or not. Biarni answers, "This is likest Greenland, according to that which has been reported to me concerning it, and here we will steer to the land." They directed their course thither, and landed in the evening, below a cape upon which there was a boat, and there, upon this cape, dwelt Heriulf, Biarni's father, whence the cape took its name, and was afterward called Heriulfsness. Biarni now went to his father, gave up his voyaging, and remained with his father while Heriulf lived, and continued to live there after his father.
Here Begins the Brief History of the Greenlanders
Next to this is now to be told how Biarni Heriulfsson came out from Greenland on a visit to Earl Eric, by whom he was well received. Biarni gave an account of his travels [upon the occasion] when he saw the lands, and the people though that he had been lacking in enterprise, since he had no report to give concerning these countries; and the fact brought him reproach. Biarni was appointed one of the Earl's men, and went out to Greenland the following summer. There was now much talk about voyages of discovery. Leif, the son of Eric the Red, of Brattahlid, visited Biarni Heriulfsson and bought a ship of him, and collected a crew, until they formed altogether a company of thirty-five men. Leif invited his father, Eric, to become the leader of the expedition, but Eric declined, saying that he was then stricken in years, and adding that he was less able to endure the exposure of sea life than he had been. Leif replied that he would nevertheless be the one who would be most apt to bring good luck and Eric yielded to Leif's solicitation, and rode from home when they were ready to sail. When he was but a short distance from the ship, the horse which Eric was riding stumbled, and he was thrown from his back and wounded his foot, whereupon he exclaimed, "It is not designed for me to discover more lands than the one in which we are now living, nor can we now continue longer together." Eric returned home to Brattahlid, and Leif pursued his way to the ship with his companions, thirty-five men. One of the company was a German, named Tyrker. They put the ship in order; and, when they were ready, they sailed out to sea, and found first that land which Biarni and his shipmates found last. They sailed up to the land, and cast anchor, and launched a boat, and went ashore, and saw no grass there. Great ice mountains lay inland back from the sea, and it was as a [tableland of] flat rock all the way from the sea to the ice mountains; and the country seemed to them to be entirely devoid of good qualities. Then said, Leif "It has not come to pass with us in regard to this land as with Biarni, that we have not gone upon it. To this country I will now give a name, and call it Helluland." They returned to the ship, put out to sea, and found a second land. They sailed again to the land, and came to anchor, and launched the boat, and went ashore. This was a level wooded land; and there were broad stretches of white sand where they went, and the land was level by the sea. Then said Leif, "This land shall have a name after its nature; and we will call it Markland." They returned to the ship forthwith, and sailed away upon the main with north-east winds, and were out two "doegr" before they sighted land. They sailed toward this land, and came to an island which lay to the northward off the land. There they went ashore and looked about them, the weather being fine, and they observed that there was dew upon the grass, and it so happened that they touched the dew with their hands, and touched their hands to their mouths, and it seemed to them that they had never before tasted anything so sweet as this. They went aboard their ship again and sailed into a certain sound, which lay between the island and a cape, which jutted out from the land on the north, and they stood in westering past the cape. At ebb-tide, there were broad reaches of shallow water there, and they ran their ship aground there, and it was a long distance from the ship to the ocean; yet were they so anxious to go ashore that they could not wait until the tide should rise under their ship, but hastened to the land, where a certain river flows out from a lake. As soon as the tide rose beneath their ship, however, they took the boat and rowed to the ship, which they conveyed up the river, and so into the lake, where they cast anchor and carried their hammocks ashore from the ship, and built themselves booths there. They afterward determined to establish themselves there for the winter, and they accordingly built a large house. There was no lack of salmon there either in the river or in the lake, and larger salmon than they had ever seen before. The country thereabouts seemed to be possessed of such good qualities that cattle would need no fodder there during the winters. There was no frost there in the winters, and the grass withered but little. The days and nights there were of more nearly equal length than in Greenland or Iceland. On the shortest day of winter, the sun was up between "eykarstad" and "dagmalastad." When they had completed their house, Leif said to his companions, "I propose now to divide our company into two groups, and to set about an exploration of the country. One-half of our party shall remain at home at the house, while the other half shall investigate the land; and they must not go beyond a point from which they can return home the same evening, and are not to separate [from each other]. Thus they did for a time. Leif, himself, by turns joined the exploring party, or remained behind at the house. Leif was a large a powerful man, and of a most imposing bearing¬a man of sagacity, and a very just man in all things.
Leif the Lucky Finds Men Upon a Skerry at Sea
It was discovered one evening that one of their company was missing; and this proved to be Tyrker, the German. Leif was sorely troubled by this, for Tyrker had lived with Leif and his father for a long time, and had been very devoted to Leif when he was a child. Leif severely reprimanded his companions, and prepared to go in search of him, taking twelve men with him. They had proceeded but a short distance from the house, when they were met by Tyrker, whom they received most cordially. Leif observed at once that his foster-father was in lively spirits. Tyrker had a prominent forehead, restless eyes, small features, was diminutive in stature, and rather a sorry-looking individual withal, but was, nevertheless, a most capable handicraftsman. Leif addressed him, and asked, "Wherefore art thou so belated, foster-father mine, and astray from the others?" In the beginning Tyrker spoke for some time in German, rolling his eyes and grinning, and they could not understand him; but after a time he addressed them in the Northern tongue: "I did not go much further [than you], and yet I have something of novelty to relate. I have found vines and grapes." "Is this indeed true, foster-father?" said Leif. "Of a certainty it is true," quoth he, "for I was born where there is no lack of either grapes or vines." They slept the night through, and on the morrow Leif said to his shipmates, "We will now divide our labors, and each day will either gather grapes or cut vines and fell trees, so as to obtain a cargo of these for my ship." They acted upon this advice, and it is said that their after-boat was filled with grapes. A cargo sufficient for the ship was cut, and when the spring came they made their ship ready, and sailed away; and from its products Leif gave the land a name, and called it Wineland. They sailed out to sea, and had fair winds until they sighted Greenland and the fells below the glaciers. Then one of the men spoke up and said, "Why do you steer the ship so much into the wind?" Leif answers: "I have my mind upon my steering, but on other matters as well. Do ye not see anything out of the common?" They replied that they saw nothing strange. "I do not know," says Leif, "whether it is a ship or a skerry that I see." Now they saw it, and said that it must be a skerry; but he was so much keener of sight than they that he was able to discern men upon the skerry. "I think it best to tack," says Leif, "so that we may draw near to them, that we may be able to render them assistance if they should stand in need of it; and, if they should not be peaceably disposed, we shall still have better command of the situation than they." They approached the skerry, and, lowering their sail, cast anchor, and launched a second small boat, which they had brought with them. Tyrker inquired who was the leader of the party. He replied that his name was Thori, and that he was a Norseman; "but what is thy name?" Leif gave his name. "Art thou a son of Eric the Red of Brattahlid?" says he. Leif responded that he was. "It is now my wish," says Leif, "to take you all into my ship, and likewise so much of your possessions as the ship will hold." This offer was accepted, and [with their ship] thus laden they held away to Ericsfirth, and sailed until they arrived at Brattahlid. Having discharged the cargo, Leif invited Thori, with his wife, Gudrid, and three others, to make their home with him, and procured quarters for the other members of the crew, both for his own and Thori's men. Leif rescued fifteen persons from the skerry. He was afterwards called Leif the Lucky. Leif had now goodly store both of property and honor. There was serious illness that winter in Thori's party, and Thori and a great number of his people died. Eric the Red also died that winter. There was now much talk about Leif's Wineland journey; and his brother, Thorvald, held that the country had not been sufficiently explored. Thereupon Leif said to Thorvald, "If it be thy will, brother, thou mayest go to Wineland with my ship; but I wish the ship first to fetch the wood which Thori had upon the skerry." And so it was done.
Thorvald Goes to Wineland
Now Thorvald, with the advice of his brother, Leif, prepared to make this voyage with thirty men. They put their ship in order, and sailed out to sea; and there is no account of their voyage before their arrival at Leifs-booths in Wineland. They laid up their ship there, and remained there quietly during the winter, supplying themselves with food by fishing. In the spring, however, Thorvald said that they should put their ship in order, and that a few men should take the after-boat, and proceed along the western coast, and explore [the region] thereabouts during the summer. They found it a fair, well-wooded country. It was but a short distance from the woods to the sea, and [there were] white sands, as well as great numbers of islands and shallows. They found neither dwelling of man nor lair of beast; but in one of the westerly islands they found a wooden building for the shelter of grain. They found no other trace of human handiwork; and they turned back, and arrived at Leifs-booths in the autumn. The following summer Thorvald set out toward the east with the ship, and along the northern coast. They were met by a high wind off a certain promontory, and were driven ashore there, and damaged the keel of their ship, and were compelled to remain there for a long time and repair the injury to their vessel. Then said Thorvald to his companions, "I propose that we raise the keel upon this cape, and call it "Keelness"; and so they did. Then they sailed away to the eastward off the land and into the mouth of the adjoining firth and to a headland, which projected into the sea there, and which was entirely covered with woods. They found an anchorage for their ship, and put out the gangway to the land; and Thorvald and all of his companions went ashore. "It is a fair region here, said he; "and here I should like to make my home." They then returned to the ship, and discovered on the sands, in beyond the headland, three mounds: they went up to these, and saw that they were three skin canoes with three men under each. They thereupon divided their party, and succeeded in seizing all of the men but one, who escaped with his canoe. They killed the eight men, and then ascended the headland again, and looked about them, and discovered within the firth certain hillocks, which they concluded must be habitations. They were then so overpowered with sleep that they could not keep awake, and all fell into a [heavy] slumber from which they were awakened by the sound of a cry uttered above them; and the words of the cry were these: "Awake, Thorvald, thou and all thy company, if thou wouldst save thy life; and board thy ship with all thy men, and sail with all speed from the land!" A countless number of skin canoes then advanced toward them from the inner part of the firth, whereupon Thorvald exclaimed, "We must put out the war-boards on both sides of the ship, and defend ourselves to the best of our ability, but offer little attack." This they did; and the Skrellings, after they had shot at them for a time, fled precipitately, each as best he could. Thorvald then inquired of his men whether any of them had been wounded, and they informed him that no one of them had received a wound. "I have been wounded in my armpit," says he. "An arrow flew in between the gunwale and the shield, below my arm. Here is the shaft, and it will bring me to my end. I counsel you now to retrace your way with the utmost speed. But me ye shall convey to that headland which seemed to me to offer so pleasant a dwelling-place: thus it may be fulfilled that the truth sprang to my lips when I expressed the wish to abide there for a time. Ye shall bury me there, and place a cross at my head, and another at my feet, and call it Crossness forever after." At that time Christianity had obtained in Greenland: Eric the Red died, however, before [the introduction of] Christianity.
Thorvald died; and, when they had carried out his injunctions, they took their departure, and rejoined their companions, and they told each other of the experiences which had befallen them. They remained there during the winter, and gathered grapes and wood with which to freight the ship. In the following spring they returned to Greenland, and arrived with their ship in Ericsfirth, where they were able to recount great tidings to Leif.
Thorstein Ericsson Dies In The Western Settlement
In the mean time it had come to pass in Greenland that Thorstein of Ericsfirth had married, and taken to wife Gudrid, Thorbrion's daughter, [she] who had been the spouse of Thori Eastman, as has been already related. Now Thorstein Ericsson, being minded to make the voyage to Wineland after the body of his brother, Thorvald, equipped the same ship, and selected a crew of twenty-five men of good size and strength, and taking with him his wife, Gudrid, when all was in readiness, they sailed out into the open ocean, and out of sight of land. They were driven hither and thither over the sea all that summer, and lost all reckoning; and at the end of the first week of winter they made the land at Lysufirth in Greenland, in the Western settlement. Thorstein set out in search of quarters for his crew, and succeeded in procuring homes for all of his shipmates; but he and his wife were unprovided for, and remained together upon the ship for two or more days. At this time Christianity was still in its infancy in Greenland. [Here follows the account of Thorstein's sickness and death in the winter.] ... When he had thus spoken, Thorstein sank back again; and his body was laid out for burial, and borne to the ship. Thorstein, the master, faithfully performed all his promises to Gudrid. He sold his lands and live stock in the spring, and accompanied Gudrid to the ship, with all his possessions. He put the ship in order, procured a crew, and then sailed for Ericsfirth. The bodies of the dead were now buried at the church; and Gudrid then went home to Leif at Brattahlid, while Thorstein the Swarthy made a home for himself on Ericsfirth, and remained there as long as he lived, and was looked upon as a very superior man.
Of the Wineland Voyages of Thorfinn and His Companions
That same summer a ship came from Norway to Greenland. The skipper's name was Thorfinn Karlsefni. He was a son of Thord Horsehead, and a grandson of Snorri, the son of Thord of Hofdi. Thorfinn Karlsefni, who was a very wealthy man, passed the winter at Brattahlid with Leif Ericsson. He very soon set his heart upon Gudrid, and sought her hand in marriage. She referred him to Leif for her answer, and was subsequently betrothed to him; and their marriage was celebrated that same winter. A renewed discussion arose concerning a Wineland voyage; and the folk urged Karlsefni to make the venture, Gudrid joining with the others. He determined to undertake the voyage, and assembled a company of sixty men and five women, and entered into an agreement with his shipmates that they should each share equally in all the spoils of the enterprise. They took with them all kinds of cattle, as it was their intention to settle the country, if they could. Karlsefni asked Leif for the house in Wineland; and he replied that he would lend it, but not give it. They sailed out to sea with the ship, and arrived safe and sound at Leifs-booths, and carried their hammocks ashore there. They were soon provided with an abundant and goodly supply of food; for a whale of good size and quality was driven ashore there, and they secured it, and flensed it, and had then no lack of provisions. The cattle were turned out upon the land, and the males soon became very restless and vicious: they had brought a bull with them. Karlsefni caused trees to be felled and to be hewed into timbers wherewith to load his ship, and the wood was placed upon a cliff to dry. They gathered somewhat of all of the valuable products of the land¬grapes, and all kinds of game and fish, and other good things. In the summer succeeding the first winter Skrellings were discovered. A great troop of men came forth from out the woods. The cattle were hard by, and the bull began to bellow and roar with a great noise, whereat the Skrellings were frightened, and ran away with their packs, wherein were gray furs, sables, and all kinds of peltries. They fled towards Karlsefni's dwelling, and sought to effect an entrance into the house; but Karlsefni caused the doors to be defended [against them]. Neither [people] could understand the other's language. The Skrellings put down their bundles then, and loosed them, and offered their wares [for barter], and were especially anxious to exchange these for weapons; but Karlsefni forbade his men to sell their weapons, and, taking counsel with himself, he bade the women carry out milk to the Skrellings, which they no sooner saw than they wanted to buy it, and nothing else. Now the outcome of the Skrellings' trading was that they carried their wares away in their stomachs, while they left their packs and peltries behind with Karlsefni and his companions, and, having accomplished this [exchange], they went away. Now it is to be told that Karlsefni caused a strong wooden palisade to be constructed and set up around the house. It was at this time that Gudrid, Karlsefni's wife, gave birth to a male child, and the boy was called Snorri. In the early part of the second winter the Skrellings came to them again, and these were now much more numerous than before, and brought with them the same wares as at first. Then said Karlsefni to the women, "Do ye carry out now the same food which proved so profitable before, and nought else." When they saw this, they cast their packs in over the palisade. Gudrid was sitting within, in the doorway, beside the cradle of her infant son, Snorri, when a shadow fell upon the door, and a woman in a black namkirtle entered. She was short in stature, and wore a fillet about her head; her hair was of a light chestnut color, and she was pale of hue, and so big-eyed that never before had eyes so large been seen in a human skull. She went up to where Gudrid was seated, and said, "What is thy name?" "My name is Gudrid, but what is thy name?" "My name is Gudrid," says she. The housewife Gudrid motioned her with her hand to a seat beside her; but it so happened that at that very instant Gudrid heard a great crash, whereupon the woman vanished, and at that same moment one of the Skrellings, who had tried to seize their weapons, was killed by one of Karlsefni's followers. At this the Skrellings fled precipitately, leaving their garments and wares behind them; and not a soul, save Gudrid alone, beheld this woman. "Now we must needs takes counsel together," says Karlsefni; "for that I believe they will visit us a third time in great numbers, and attack us. Let us now adopt this plan. Ten of our number shall go out upon the cape, and show themselves there; while the remainder of our company shall go into the woods and hew a clearing for our cattle, when the troop approaches from the forest. We will also take our bull, and let him go in advance of us." The lie of the land was such that the proposed meeting-place had the lake upon the one side and the forest upon the other. Karlsefni's advice was now carried into execution. The Skrellings advanced to the spot which Karlsefni had selected for the encounter; and a battle was fought there, in which great numbers of the band of the Skrellings were slain. There was one man among the Skrellings, of large size and fine bearing, whom Karlsefni concluded must be their chief. One of the Skrellings picked up an axe; and, having looked at it for a time, he brandished it about one of his companions, and hewed at him, and on the instant the man fell dead. Thereupon the big man seized the axe; and, after examining it for a moment, he hurled it as far as he could out into the sea. Then they fled helter skelter into the woods, and thus their intercourse came to an end. Karlsefni and his party remained there throughout the winter; but in the spring Karlsefni announces that he is not minded to remain there longer, but will return to Greenland. They now made ready for the voyage, and carried away with them much booty in vines and grapes and peltries. They sailed out upon the high seas, and brought their ship safely to Ericsfirth, where they remained during the winter.
Freydis Causes the Brothers to be Put to Death
There was now much talk about a Wineland voyage, for this was reckoned both a profitable and an honorable enterprise. The same summer that Karlsefni arrived from Wineland a ship from Norway arrived in Greenland. This ship was commanded by two brothers, Helgi and Finnbogi, who passed the winter in Greenland. They were descended from an Icelandic family of the East-firths. It is now to be added that Freydis, Eric's daughter, set out from her home at Gardar, and waited upon the brothers, Helgi and Finnbogi, and invited them to sail with their vessel to Wineland, and to share with her equally all of the good things which they might succeed in obtaining there. To this they agreed, and she departed thence to visit her brother, Leif, and ask him to give her the house which he had caused to be erected in Wineland; but he made her the same answer [as that which he had given Karlsefni], saying that he would lend the house, but not give it. It was stipulated between Karlsefni and Freydis that each should have on ship-board thirty able-bodied men, besides the women; nut Freydis immediately violated this compact by concealing five men more [than this number], and this the brothers did not discover before they arrived in Wineland, they now put out to sea, having agreed beforehand that they would sail in company, if possible, and, although they were not far apart from each other, the brothers, arrived somewhat in advance, and carried their belongings up to Leif's house. Now, when Freydis arrived, her ship was discharged and the baggage carried up to the house, whereupon Freydis exclaimed, "Why did you carry your baggage in here?" "Since we believed," said they, "that all promises made to us would be kept." "It was to me that Leif loaned the house," says she, "and not to you." Whereupon Helgi exclaimed, "We brothers cannot hope to rival thee in wrong dealing." They thereupon carried their baggage forth, and built a hut, above the sea, on the bank of the lake, and put all in order about it; while Freydis caused wood to be felled, with which to load her ship. The winter now set in, and the brothers suggested that they should amuse themselves by playing games. This they did for a time, until the folk began to disagree, when dissensions arose between them, and the games came to an end, and the visits between the houses ceased; and thus it continued far into the winter. One morning early Freydis arose from her bed and dressed herself, but did not put on her shoes and stockings. A heavy dew had fallen, and she took her husband's cloak, and wrapped it about her, and then walked to the brothers' house, and up to the door, which had been only partly closed by one of the men, who had gone out a short time before. She pushed the door open, and stood silently in the doorway for a time. Finnbogi, who was lying on the innermost side of the room, was awake, and said, "What dost thou wish here, Freydis?" She answers, "I wish thee to rise and go out with me, for I would speak with thee." He did so; and they walked to a tree, which lay close by the wall of the house, and seated themselves upon it. "How art thou pleased here?" says she. He answers, "I am well pleased with the fruitfulness of the land; but I am ill-content with the breach which has come between us, for, methinks, there has been no cause for it." "It is even as thou sayest," says she, "and so it seems to me; but my errand to thee is that I wish to exchange ships with you brothers, for that ye have a larger ship than I, and I wish to depart from here." "To this I must accede," says he, "if it is thy pleasure." Therewith they parted; and she returned home and Finnbogi to his bed. She climbed up into bed, and awakened Thorvard with her cold feet; and he asked her why she was so cold and wet. She answered with great passion: "I have been to the brothers," says she, "to try to buy their ship, for I wished to have a larger vessel; but they received my overtures so ill that they struck me and handled me very roughly; what time thou, poor wretch, wilt neither avenge my shame nor thy own; and I find, perforce, that I am no longer in Greenland. Moreover I shall part from thee unless thou wreakest vengeance for this." And now he could stand her taunts no longer, and ordered the men to rise at once and take their weapons; and this they yield. And they then proceeded directly to the house of the brothers, and entered it while the folk were asleep, and seized and bound them, and led each one out when he was bound; and, as they came out, Freydis caused each one to be slain. In this wise all of the men were put to death, and only the women were left; and these no one would kill. At this Freydis exclaimed, "Hand me an axe." This was done; and she fell upon the five women, and left them dead. They returned home after this dreadful deed; and it was very evident that Freydis was well content with her work. She addressed her companions, saying, "If it be ordained for us to come again to Greenland, I shall contrive the death of any man who shall speak of these events. We must give it out that we left them living here when we came away." Early in the spring they equipped the ship which had belonged to the brothers, and freighted it with all of the products of the land which they could obtain, and which the ship would carry. Then they put out to sea, and after a prosperous voyage arrived with their ship in Ericsfirth early in the summer. Karlsefni was there, with his ship all ready to sail, and was awaiting a fair wind; and people say that a ship richer laden than that which he commanded never left Greenland.
Concerning Freydis
Freydis now went to her home, since it had remained unharmed during her absence. She bestowed liberal gifts upon all of her companions, for she was anxious to screen her guilt. She now established herself at her home; but her companions were not all so close-mouthed concerning their misdeeds and wickedness that rumors did not get abroad at last. These finally reached her brother, Leif, and he thought it a most shameful story. He thereupon took three of the men, who had been of Freydis' party, and forced them all at the same time to a confession of the affair, and their stories entirely agreed. "I have no heart," says Leif, "to punish my sister, Freydis, as she deserves, but this I predict of them, that there is little prosperity in store for their offspring." Hence it came to pass that no one from that time forward thought them worthy of aught but evil. It now remains to take up the story from the time when Karlsefni made his ship ready, and sailed out to sea. He had a successful voyage, and arrived in Norway safe and sound. He remained there during the winter, and sold his wares; and both he and his wife were received with great favor by the most distinguished men of Norway. The following spring he put his ship in order for the voyage to Iceland; and when all his preparations had been made, and his ship was lying at the wharf, awaiting favorable winds, there came to him a Southerner, a native of Bremen in the Saxonland, who wished to buy his "house-neat." "I do not wish to sell it," says he. "I will give thee half a 'mork' in gold for it," says the Southerner. This Karlsefni thought a good offer, and accordingly closed the bargain. The Southerner went his way with the "house-neat," and Karlsefni knew not what wood it was, but it was "mosur," come from Wineland.
Karlsefni sailed away, and arrived with his ship in the north of Iceland, in Skagafirth. His vessel was beached there during the winter, and in the spring he bought Glaumboeiar-land, and made his home there, and dwelt there as long as he lived, and was a man of the greatest prominence. From his and his wife, Gudrid, a numerous and goodly lineage is descended. After Karlsefni's death Gudrid, together with her son Snorri, who was born in Wineland, took charge of the farmstead; and, when Snorri was married, Gudrid went abroad, and made a pilgrimage to the South, after which she returned again to the home of her son Snorri, who had caused a church to be built at Glaumboeiar. Gudrid then took the veil and became an anchorite, and lived there the rest of her days. Snorri had a son, named Thorgeir, who was the father of Ingveld, the mother of Bishop Brand. Hallfrid was the name of the daughter of Snorri, Karlsefni's son: she was the mother of Runolf, Bishop Thorlak's father. Biorn was the name of [another] son of Karlsefni and Gudrid: he was the father of Thorunn, the mother of Bishop Biorn. Many men are descended from Karlsefni, and he has been blessed with a numerous and famous posterity; and of all men Karlsefni has given the most exact accounts of all these voyages, of which something has now been recounted.
from: http://www.fordham.edu/halsall/mod/1000Vinland.html
After the sixteen winters had lapsed, from the time when Eric the Red went to colonize Greenland, Leif, Eric's son, sailed out from Greenland to Norway. He arrived in Drontheim in the autumn, when King Olaf Tryggvason was come down from the North, out of Halagoland. Leif put into Nidaros with his ship, and set out at once to visit the king. King Olaf expounded the faith to him, as he did to other heathen men who came to visit him. It proved easy for the king to persuade Leif, and he was accordingly baptized, together with all of his shipmates. Leif remained throughout the winter with the king, by whom he was well entertained.
Biarni Goes in Quest of Greenland
Heriulf was a son of Bard Heriulfsson. He was a kinsman of Ingolf, the first colonist. Ingolf allotted land to Heriulf between Vag and Reykianess, and he dwelt at first at Drepstokk. Heriulf's wife's name was Thorgerd, and their son, whose name was Biarni, was a most promising man. He formed an inclination for voyaging while he was still young, and he prospered both in property and public esteem. It was his custom to pass his winters alternately abroad and with his father. Biarni soon became the owner of a trading-ship; and during the last winter that he spent in Norway [his father] Heriulf determined to accompany Eric on his voyage to Greenland, and made his preparations to give up his farm. Upon the ship with Heriulf was a Christian man from the Hebrides; he it was who composed the Sea-Roller's Song, which contains this stave:
"Mine adventure to the Meek One, Monk-heart-searcher, I commit now; He, who heaven's halls doth govern, Hold the hawk's-seat ever o'er me!"
Heriulf settled at Heriulfsness, and was a most distinguished man. Eric the Red dwelt at Brattahlid, where he was held in the highest esteem, and all men paid him homage. These were Eric's children: Leif, Thorvald, and Thorstein, and a daughter whose name was Freydis; she was wedded to a man named Thorvard, and they dwelt at Gardar, where the episcopal seat now is. She was a very haughty woman, while Thorvard was a man of little force of character, and Freydis had been wedded to him chiefly because of his wealth. At that time the people of Greenland were heathen.
Biarni arrived with his ship at Eyrar [in Iceland] in the summer of the same year, in the spring of which his father had sailed away. Biarni was much surprised when he heard this news, and would not discharge his cargo. His shipmates inquired of him what he intended to do, and he replied that it was his purpose to keep to his custom, and make his home for the winter with his father; "and I will take the ship to Greenland, if you will bear me company." They all replied that they would abide by his decision. Then said Biarni, "Our voyage must be regarded as foolhardy, seeing that no one of us has ever been in the Greenland Sea." Nevertheless, they put out to sea when they were equipped for the voyage, and sailed for three days, until the land was hidden by the water, and then the fair wind died out, and north winds arose, and fogs, and they knew not whither they were drifting, and thus it lasted for many "doegr." Then they saw the sun again, and were able to determine the quarters of the heavens; they hoisted sail, and sailed that "doegr" through before they saw land. They discussed among themselves what land it could be, and Biarni said that he did not believe that it could be Greenland. They asked whether he wished to sail to this land or not. "It is my counsel" [said he] "to sail close to the land." They did so, and soon saw that the land was level, and covered with woods, and that there were small hillocks upon it. They left the land on their larboard, and let the sheet turn toward the land. They sailed for two "doegr" before they saw another land. They asked whether Biarni thought this was Greenland yet. He replied that he did not think this any more like Greenland than the former, "because in Greenland there are said to be many great ice mountains." They soon approached this land, and saw that it was a flat and wooded country. The fair wind failed them then, and the crew took counsel together, and concluded that it would be wise to land there, but Biarni would not consent to this. They alleged that they were in need of both wood and water. "Ye have no lack of either of these," says Biarni¬a course, forsooth, which won him blame among his shipmates. He bade them hoist sail, which they did, and turning the prow from the land they sailed out upon the high seas, with south-westerly gales, for three "doegr," when they saw the third land; this land was high and mountainous, with ice mountains upon it. They asked Biarni then whether he would land there, and he replied that he was not disposed to do so, "because this land does not appear to me to offer any attractions." Nor did they lower their sail, but held their course off the land, and saw that it was an island. They left this land astern, and held out to sea with the same fair wind. The wind waxed amain, and Biarni directed them to reef, and not to sail at a speed unbefitting their ship and rigging. They sailed now for four "doegr," when they saw the fourth land. Again they asked Biarni whether he thought this could be Greenland or not. Biarni answers, "This is likest Greenland, according to that which has been reported to me concerning it, and here we will steer to the land." They directed their course thither, and landed in the evening, below a cape upon which there was a boat, and there, upon this cape, dwelt Heriulf, Biarni's father, whence the cape took its name, and was afterward called Heriulfsness. Biarni now went to his father, gave up his voyaging, and remained with his father while Heriulf lived, and continued to live there after his father.
Here Begins the Brief History of the Greenlanders
Next to this is now to be told how Biarni Heriulfsson came out from Greenland on a visit to Earl Eric, by whom he was well received. Biarni gave an account of his travels [upon the occasion] when he saw the lands, and the people though that he had been lacking in enterprise, since he had no report to give concerning these countries; and the fact brought him reproach. Biarni was appointed one of the Earl's men, and went out to Greenland the following summer. There was now much talk about voyages of discovery. Leif, the son of Eric the Red, of Brattahlid, visited Biarni Heriulfsson and bought a ship of him, and collected a crew, until they formed altogether a company of thirty-five men. Leif invited his father, Eric, to become the leader of the expedition, but Eric declined, saying that he was then stricken in years, and adding that he was less able to endure the exposure of sea life than he had been. Leif replied that he would nevertheless be the one who would be most apt to bring good luck and Eric yielded to Leif's solicitation, and rode from home when they were ready to sail. When he was but a short distance from the ship, the horse which Eric was riding stumbled, and he was thrown from his back and wounded his foot, whereupon he exclaimed, "It is not designed for me to discover more lands than the one in which we are now living, nor can we now continue longer together." Eric returned home to Brattahlid, and Leif pursued his way to the ship with his companions, thirty-five men. One of the company was a German, named Tyrker. They put the ship in order; and, when they were ready, they sailed out to sea, and found first that land which Biarni and his shipmates found last. They sailed up to the land, and cast anchor, and launched a boat, and went ashore, and saw no grass there. Great ice mountains lay inland back from the sea, and it was as a [tableland of] flat rock all the way from the sea to the ice mountains; and the country seemed to them to be entirely devoid of good qualities. Then said, Leif "It has not come to pass with us in regard to this land as with Biarni, that we have not gone upon it. To this country I will now give a name, and call it Helluland." They returned to the ship, put out to sea, and found a second land. They sailed again to the land, and came to anchor, and launched the boat, and went ashore. This was a level wooded land; and there were broad stretches of white sand where they went, and the land was level by the sea. Then said Leif, "This land shall have a name after its nature; and we will call it Markland." They returned to the ship forthwith, and sailed away upon the main with north-east winds, and were out two "doegr" before they sighted land. They sailed toward this land, and came to an island which lay to the northward off the land. There they went ashore and looked about them, the weather being fine, and they observed that there was dew upon the grass, and it so happened that they touched the dew with their hands, and touched their hands to their mouths, and it seemed to them that they had never before tasted anything so sweet as this. They went aboard their ship again and sailed into a certain sound, which lay between the island and a cape, which jutted out from the land on the north, and they stood in westering past the cape. At ebb-tide, there were broad reaches of shallow water there, and they ran their ship aground there, and it was a long distance from the ship to the ocean; yet were they so anxious to go ashore that they could not wait until the tide should rise under their ship, but hastened to the land, where a certain river flows out from a lake. As soon as the tide rose beneath their ship, however, they took the boat and rowed to the ship, which they conveyed up the river, and so into the lake, where they cast anchor and carried their hammocks ashore from the ship, and built themselves booths there. They afterward determined to establish themselves there for the winter, and they accordingly built a large house. There was no lack of salmon there either in the river or in the lake, and larger salmon than they had ever seen before. The country thereabouts seemed to be possessed of such good qualities that cattle would need no fodder there during the winters. There was no frost there in the winters, and the grass withered but little. The days and nights there were of more nearly equal length than in Greenland or Iceland. On the shortest day of winter, the sun was up between "eykarstad" and "dagmalastad." When they had completed their house, Leif said to his companions, "I propose now to divide our company into two groups, and to set about an exploration of the country. One-half of our party shall remain at home at the house, while the other half shall investigate the land; and they must not go beyond a point from which they can return home the same evening, and are not to separate [from each other]. Thus they did for a time. Leif, himself, by turns joined the exploring party, or remained behind at the house. Leif was a large a powerful man, and of a most imposing bearing¬a man of sagacity, and a very just man in all things.
Leif the Lucky Finds Men Upon a Skerry at Sea
It was discovered one evening that one of their company was missing; and this proved to be Tyrker, the German. Leif was sorely troubled by this, for Tyrker had lived with Leif and his father for a long time, and had been very devoted to Leif when he was a child. Leif severely reprimanded his companions, and prepared to go in search of him, taking twelve men with him. They had proceeded but a short distance from the house, when they were met by Tyrker, whom they received most cordially. Leif observed at once that his foster-father was in lively spirits. Tyrker had a prominent forehead, restless eyes, small features, was diminutive in stature, and rather a sorry-looking individual withal, but was, nevertheless, a most capable handicraftsman. Leif addressed him, and asked, "Wherefore art thou so belated, foster-father mine, and astray from the others?" In the beginning Tyrker spoke for some time in German, rolling his eyes and grinning, and they could not understand him; but after a time he addressed them in the Northern tongue: "I did not go much further [than you], and yet I have something of novelty to relate. I have found vines and grapes." "Is this indeed true, foster-father?" said Leif. "Of a certainty it is true," quoth he, "for I was born where there is no lack of either grapes or vines." They slept the night through, and on the morrow Leif said to his shipmates, "We will now divide our labors, and each day will either gather grapes or cut vines and fell trees, so as to obtain a cargo of these for my ship." They acted upon this advice, and it is said that their after-boat was filled with grapes. A cargo sufficient for the ship was cut, and when the spring came they made their ship ready, and sailed away; and from its products Leif gave the land a name, and called it Wineland. They sailed out to sea, and had fair winds until they sighted Greenland and the fells below the glaciers. Then one of the men spoke up and said, "Why do you steer the ship so much into the wind?" Leif answers: "I have my mind upon my steering, but on other matters as well. Do ye not see anything out of the common?" They replied that they saw nothing strange. "I do not know," says Leif, "whether it is a ship or a skerry that I see." Now they saw it, and said that it must be a skerry; but he was so much keener of sight than they that he was able to discern men upon the skerry. "I think it best to tack," says Leif, "so that we may draw near to them, that we may be able to render them assistance if they should stand in need of it; and, if they should not be peaceably disposed, we shall still have better command of the situation than they." They approached the skerry, and, lowering their sail, cast anchor, and launched a second small boat, which they had brought with them. Tyrker inquired who was the leader of the party. He replied that his name was Thori, and that he was a Norseman; "but what is thy name?" Leif gave his name. "Art thou a son of Eric the Red of Brattahlid?" says he. Leif responded that he was. "It is now my wish," says Leif, "to take you all into my ship, and likewise so much of your possessions as the ship will hold." This offer was accepted, and [with their ship] thus laden they held away to Ericsfirth, and sailed until they arrived at Brattahlid. Having discharged the cargo, Leif invited Thori, with his wife, Gudrid, and three others, to make their home with him, and procured quarters for the other members of the crew, both for his own and Thori's men. Leif rescued fifteen persons from the skerry. He was afterwards called Leif the Lucky. Leif had now goodly store both of property and honor. There was serious illness that winter in Thori's party, and Thori and a great number of his people died. Eric the Red also died that winter. There was now much talk about Leif's Wineland journey; and his brother, Thorvald, held that the country had not been sufficiently explored. Thereupon Leif said to Thorvald, "If it be thy will, brother, thou mayest go to Wineland with my ship; but I wish the ship first to fetch the wood which Thori had upon the skerry." And so it was done.
Thorvald Goes to Wineland
Now Thorvald, with the advice of his brother, Leif, prepared to make this voyage with thirty men. They put their ship in order, and sailed out to sea; and there is no account of their voyage before their arrival at Leifs-booths in Wineland. They laid up their ship there, and remained there quietly during the winter, supplying themselves with food by fishing. In the spring, however, Thorvald said that they should put their ship in order, and that a few men should take the after-boat, and proceed along the western coast, and explore [the region] thereabouts during the summer. They found it a fair, well-wooded country. It was but a short distance from the woods to the sea, and [there were] white sands, as well as great numbers of islands and shallows. They found neither dwelling of man nor lair of beast; but in one of the westerly islands they found a wooden building for the shelter of grain. They found no other trace of human handiwork; and they turned back, and arrived at Leifs-booths in the autumn. The following summer Thorvald set out toward the east with the ship, and along the northern coast. They were met by a high wind off a certain promontory, and were driven ashore there, and damaged the keel of their ship, and were compelled to remain there for a long time and repair the injury to their vessel. Then said Thorvald to his companions, "I propose that we raise the keel upon this cape, and call it "Keelness"; and so they did. Then they sailed away to the eastward off the land and into the mouth of the adjoining firth and to a headland, which projected into the sea there, and which was entirely covered with woods. They found an anchorage for their ship, and put out the gangway to the land; and Thorvald and all of his companions went ashore. "It is a fair region here, said he; "and here I should like to make my home." They then returned to the ship, and discovered on the sands, in beyond the headland, three mounds: they went up to these, and saw that they were three skin canoes with three men under each. They thereupon divided their party, and succeeded in seizing all of the men but one, who escaped with his canoe. They killed the eight men, and then ascended the headland again, and looked about them, and discovered within the firth certain hillocks, which they concluded must be habitations. They were then so overpowered with sleep that they could not keep awake, and all fell into a [heavy] slumber from which they were awakened by the sound of a cry uttered above them; and the words of the cry were these: "Awake, Thorvald, thou and all thy company, if thou wouldst save thy life; and board thy ship with all thy men, and sail with all speed from the land!" A countless number of skin canoes then advanced toward them from the inner part of the firth, whereupon Thorvald exclaimed, "We must put out the war-boards on both sides of the ship, and defend ourselves to the best of our ability, but offer little attack." This they did; and the Skrellings, after they had shot at them for a time, fled precipitately, each as best he could. Thorvald then inquired of his men whether any of them had been wounded, and they informed him that no one of them had received a wound. "I have been wounded in my armpit," says he. "An arrow flew in between the gunwale and the shield, below my arm. Here is the shaft, and it will bring me to my end. I counsel you now to retrace your way with the utmost speed. But me ye shall convey to that headland which seemed to me to offer so pleasant a dwelling-place: thus it may be fulfilled that the truth sprang to my lips when I expressed the wish to abide there for a time. Ye shall bury me there, and place a cross at my head, and another at my feet, and call it Crossness forever after." At that time Christianity had obtained in Greenland: Eric the Red died, however, before [the introduction of] Christianity.
Thorvald died; and, when they had carried out his injunctions, they took their departure, and rejoined their companions, and they told each other of the experiences which had befallen them. They remained there during the winter, and gathered grapes and wood with which to freight the ship. In the following spring they returned to Greenland, and arrived with their ship in Ericsfirth, where they were able to recount great tidings to Leif.
Thorstein Ericsson Dies In The Western Settlement
In the mean time it had come to pass in Greenland that Thorstein of Ericsfirth had married, and taken to wife Gudrid, Thorbrion's daughter, [she] who had been the spouse of Thori Eastman, as has been already related. Now Thorstein Ericsson, being minded to make the voyage to Wineland after the body of his brother, Thorvald, equipped the same ship, and selected a crew of twenty-five men of good size and strength, and taking with him his wife, Gudrid, when all was in readiness, they sailed out into the open ocean, and out of sight of land. They were driven hither and thither over the sea all that summer, and lost all reckoning; and at the end of the first week of winter they made the land at Lysufirth in Greenland, in the Western settlement. Thorstein set out in search of quarters for his crew, and succeeded in procuring homes for all of his shipmates; but he and his wife were unprovided for, and remained together upon the ship for two or more days. At this time Christianity was still in its infancy in Greenland. [Here follows the account of Thorstein's sickness and death in the winter.] ... When he had thus spoken, Thorstein sank back again; and his body was laid out for burial, and borne to the ship. Thorstein, the master, faithfully performed all his promises to Gudrid. He sold his lands and live stock in the spring, and accompanied Gudrid to the ship, with all his possessions. He put the ship in order, procured a crew, and then sailed for Ericsfirth. The bodies of the dead were now buried at the church; and Gudrid then went home to Leif at Brattahlid, while Thorstein the Swarthy made a home for himself on Ericsfirth, and remained there as long as he lived, and was looked upon as a very superior man.
Of the Wineland Voyages of Thorfinn and His Companions
That same summer a ship came from Norway to Greenland. The skipper's name was Thorfinn Karlsefni. He was a son of Thord Horsehead, and a grandson of Snorri, the son of Thord of Hofdi. Thorfinn Karlsefni, who was a very wealthy man, passed the winter at Brattahlid with Leif Ericsson. He very soon set his heart upon Gudrid, and sought her hand in marriage. She referred him to Leif for her answer, and was subsequently betrothed to him; and their marriage was celebrated that same winter. A renewed discussion arose concerning a Wineland voyage; and the folk urged Karlsefni to make the venture, Gudrid joining with the others. He determined to undertake the voyage, and assembled a company of sixty men and five women, and entered into an agreement with his shipmates that they should each share equally in all the spoils of the enterprise. They took with them all kinds of cattle, as it was their intention to settle the country, if they could. Karlsefni asked Leif for the house in Wineland; and he replied that he would lend it, but not give it. They sailed out to sea with the ship, and arrived safe and sound at Leifs-booths, and carried their hammocks ashore there. They were soon provided with an abundant and goodly supply of food; for a whale of good size and quality was driven ashore there, and they secured it, and flensed it, and had then no lack of provisions. The cattle were turned out upon the land, and the males soon became very restless and vicious: they had brought a bull with them. Karlsefni caused trees to be felled and to be hewed into timbers wherewith to load his ship, and the wood was placed upon a cliff to dry. They gathered somewhat of all of the valuable products of the land¬grapes, and all kinds of game and fish, and other good things. In the summer succeeding the first winter Skrellings were discovered. A great troop of men came forth from out the woods. The cattle were hard by, and the bull began to bellow and roar with a great noise, whereat the Skrellings were frightened, and ran away with their packs, wherein were gray furs, sables, and all kinds of peltries. They fled towards Karlsefni's dwelling, and sought to effect an entrance into the house; but Karlsefni caused the doors to be defended [against them]. Neither [people] could understand the other's language. The Skrellings put down their bundles then, and loosed them, and offered their wares [for barter], and were especially anxious to exchange these for weapons; but Karlsefni forbade his men to sell their weapons, and, taking counsel with himself, he bade the women carry out milk to the Skrellings, which they no sooner saw than they wanted to buy it, and nothing else. Now the outcome of the Skrellings' trading was that they carried their wares away in their stomachs, while they left their packs and peltries behind with Karlsefni and his companions, and, having accomplished this [exchange], they went away. Now it is to be told that Karlsefni caused a strong wooden palisade to be constructed and set up around the house. It was at this time that Gudrid, Karlsefni's wife, gave birth to a male child, and the boy was called Snorri. In the early part of the second winter the Skrellings came to them again, and these were now much more numerous than before, and brought with them the same wares as at first. Then said Karlsefni to the women, "Do ye carry out now the same food which proved so profitable before, and nought else." When they saw this, they cast their packs in over the palisade. Gudrid was sitting within, in the doorway, beside the cradle of her infant son, Snorri, when a shadow fell upon the door, and a woman in a black namkirtle entered. She was short in stature, and wore a fillet about her head; her hair was of a light chestnut color, and she was pale of hue, and so big-eyed that never before had eyes so large been seen in a human skull. She went up to where Gudrid was seated, and said, "What is thy name?" "My name is Gudrid, but what is thy name?" "My name is Gudrid," says she. The housewife Gudrid motioned her with her hand to a seat beside her; but it so happened that at that very instant Gudrid heard a great crash, whereupon the woman vanished, and at that same moment one of the Skrellings, who had tried to seize their weapons, was killed by one of Karlsefni's followers. At this the Skrellings fled precipitately, leaving their garments and wares behind them; and not a soul, save Gudrid alone, beheld this woman. "Now we must needs takes counsel together," says Karlsefni; "for that I believe they will visit us a third time in great numbers, and attack us. Let us now adopt this plan. Ten of our number shall go out upon the cape, and show themselves there; while the remainder of our company shall go into the woods and hew a clearing for our cattle, when the troop approaches from the forest. We will also take our bull, and let him go in advance of us." The lie of the land was such that the proposed meeting-place had the lake upon the one side and the forest upon the other. Karlsefni's advice was now carried into execution. The Skrellings advanced to the spot which Karlsefni had selected for the encounter; and a battle was fought there, in which great numbers of the band of the Skrellings were slain. There was one man among the Skrellings, of large size and fine bearing, whom Karlsefni concluded must be their chief. One of the Skrellings picked up an axe; and, having looked at it for a time, he brandished it about one of his companions, and hewed at him, and on the instant the man fell dead. Thereupon the big man seized the axe; and, after examining it for a moment, he hurled it as far as he could out into the sea. Then they fled helter skelter into the woods, and thus their intercourse came to an end. Karlsefni and his party remained there throughout the winter; but in the spring Karlsefni announces that he is not minded to remain there longer, but will return to Greenland. They now made ready for the voyage, and carried away with them much booty in vines and grapes and peltries. They sailed out upon the high seas, and brought their ship safely to Ericsfirth, where they remained during the winter.
Freydis Causes the Brothers to be Put to Death
There was now much talk about a Wineland voyage, for this was reckoned both a profitable and an honorable enterprise. The same summer that Karlsefni arrived from Wineland a ship from Norway arrived in Greenland. This ship was commanded by two brothers, Helgi and Finnbogi, who passed the winter in Greenland. They were descended from an Icelandic family of the East-firths. It is now to be added that Freydis, Eric's daughter, set out from her home at Gardar, and waited upon the brothers, Helgi and Finnbogi, and invited them to sail with their vessel to Wineland, and to share with her equally all of the good things which they might succeed in obtaining there. To this they agreed, and she departed thence to visit her brother, Leif, and ask him to give her the house which he had caused to be erected in Wineland; but he made her the same answer [as that which he had given Karlsefni], saying that he would lend the house, but not give it. It was stipulated between Karlsefni and Freydis that each should have on ship-board thirty able-bodied men, besides the women; nut Freydis immediately violated this compact by concealing five men more [than this number], and this the brothers did not discover before they arrived in Wineland, they now put out to sea, having agreed beforehand that they would sail in company, if possible, and, although they were not far apart from each other, the brothers, arrived somewhat in advance, and carried their belongings up to Leif's house. Now, when Freydis arrived, her ship was discharged and the baggage carried up to the house, whereupon Freydis exclaimed, "Why did you carry your baggage in here?" "Since we believed," said they, "that all promises made to us would be kept." "It was to me that Leif loaned the house," says she, "and not to you." Whereupon Helgi exclaimed, "We brothers cannot hope to rival thee in wrong dealing." They thereupon carried their baggage forth, and built a hut, above the sea, on the bank of the lake, and put all in order about it; while Freydis caused wood to be felled, with which to load her ship. The winter now set in, and the brothers suggested that they should amuse themselves by playing games. This they did for a time, until the folk began to disagree, when dissensions arose between them, and the games came to an end, and the visits between the houses ceased; and thus it continued far into the winter. One morning early Freydis arose from her bed and dressed herself, but did not put on her shoes and stockings. A heavy dew had fallen, and she took her husband's cloak, and wrapped it about her, and then walked to the brothers' house, and up to the door, which had been only partly closed by one of the men, who had gone out a short time before. She pushed the door open, and stood silently in the doorway for a time. Finnbogi, who was lying on the innermost side of the room, was awake, and said, "What dost thou wish here, Freydis?" She answers, "I wish thee to rise and go out with me, for I would speak with thee." He did so; and they walked to a tree, which lay close by the wall of the house, and seated themselves upon it. "How art thou pleased here?" says she. He answers, "I am well pleased with the fruitfulness of the land; but I am ill-content with the breach which has come between us, for, methinks, there has been no cause for it." "It is even as thou sayest," says she, "and so it seems to me; but my errand to thee is that I wish to exchange ships with you brothers, for that ye have a larger ship than I, and I wish to depart from here." "To this I must accede," says he, "if it is thy pleasure." Therewith they parted; and she returned home and Finnbogi to his bed. She climbed up into bed, and awakened Thorvard with her cold feet; and he asked her why she was so cold and wet. She answered with great passion: "I have been to the brothers," says she, "to try to buy their ship, for I wished to have a larger vessel; but they received my overtures so ill that they struck me and handled me very roughly; what time thou, poor wretch, wilt neither avenge my shame nor thy own; and I find, perforce, that I am no longer in Greenland. Moreover I shall part from thee unless thou wreakest vengeance for this." And now he could stand her taunts no longer, and ordered the men to rise at once and take their weapons; and this they yield. And they then proceeded directly to the house of the brothers, and entered it while the folk were asleep, and seized and bound them, and led each one out when he was bound; and, as they came out, Freydis caused each one to be slain. In this wise all of the men were put to death, and only the women were left; and these no one would kill. At this Freydis exclaimed, "Hand me an axe." This was done; and she fell upon the five women, and left them dead. They returned home after this dreadful deed; and it was very evident that Freydis was well content with her work. She addressed her companions, saying, "If it be ordained for us to come again to Greenland, I shall contrive the death of any man who shall speak of these events. We must give it out that we left them living here when we came away." Early in the spring they equipped the ship which had belonged to the brothers, and freighted it with all of the products of the land which they could obtain, and which the ship would carry. Then they put out to sea, and after a prosperous voyage arrived with their ship in Ericsfirth early in the summer. Karlsefni was there, with his ship all ready to sail, and was awaiting a fair wind; and people say that a ship richer laden than that which he commanded never left Greenland.
Concerning Freydis
Freydis now went to her home, since it had remained unharmed during her absence. She bestowed liberal gifts upon all of her companions, for she was anxious to screen her guilt. She now established herself at her home; but her companions were not all so close-mouthed concerning their misdeeds and wickedness that rumors did not get abroad at last. These finally reached her brother, Leif, and he thought it a most shameful story. He thereupon took three of the men, who had been of Freydis' party, and forced them all at the same time to a confession of the affair, and their stories entirely agreed. "I have no heart," says Leif, "to punish my sister, Freydis, as she deserves, but this I predict of them, that there is little prosperity in store for their offspring." Hence it came to pass that no one from that time forward thought them worthy of aught but evil. It now remains to take up the story from the time when Karlsefni made his ship ready, and sailed out to sea. He had a successful voyage, and arrived in Norway safe and sound. He remained there during the winter, and sold his wares; and both he and his wife were received with great favor by the most distinguished men of Norway. The following spring he put his ship in order for the voyage to Iceland; and when all his preparations had been made, and his ship was lying at the wharf, awaiting favorable winds, there came to him a Southerner, a native of Bremen in the Saxonland, who wished to buy his "house-neat." "I do not wish to sell it," says he. "I will give thee half a 'mork' in gold for it," says the Southerner. This Karlsefni thought a good offer, and accordingly closed the bargain. The Southerner went his way with the "house-neat," and Karlsefni knew not what wood it was, but it was "mosur," come from Wineland.
Karlsefni sailed away, and arrived with his ship in the north of Iceland, in Skagafirth. His vessel was beached there during the winter, and in the spring he bought Glaumboeiar-land, and made his home there, and dwelt there as long as he lived, and was a man of the greatest prominence. From his and his wife, Gudrid, a numerous and goodly lineage is descended. After Karlsefni's death Gudrid, together with her son Snorri, who was born in Wineland, took charge of the farmstead; and, when Snorri was married, Gudrid went abroad, and made a pilgrimage to the South, after which she returned again to the home of her son Snorri, who had caused a church to be built at Glaumboeiar. Gudrid then took the veil and became an anchorite, and lived there the rest of her days. Snorri had a son, named Thorgeir, who was the father of Ingveld, the mother of Bishop Brand. Hallfrid was the name of the daughter of Snorri, Karlsefni's son: she was the mother of Runolf, Bishop Thorlak's father. Biorn was the name of [another] son of Karlsefni and Gudrid: he was the father of Thorunn, the mother of Bishop Biorn. Many men are descended from Karlsefni, and he has been blessed with a numerous and famous posterity; and of all men Karlsefni has given the most exact accounts of all these voyages, of which something has now been recounted.
from: http://www.fordham.edu/halsall/mod/1000Vinland.html
Thursday, July 3, 2008
Annals of Inisfallen
p.57
AI433.1
Kl. The first feria [Sunday]. Conversion of the Scotti to the Christian Faith.
AI434.1
Kl. The first prey by the Saxon from Ireland.[AU 434].
AI435.1
Kl. The third feria [Tuesday]. Orosius and Cyril flourished in the doctrine. [AU 435, 436].
AI435.2
Great snow.
AI436.1
Kl. Death of king Bresal Brec. [AU 435, 436].
AI437.1
Kl. The ninth of the moon. Beginning of the Great Circle.
AI438.1
Kl. The twentieth of the moon.
AI439.1
K. The first feria [Sunday]. Secundinus, Auxilius, and Isserninus are sent to help Patrick; nevertheless, not they, but Patrick alone held the apostleship. [AU 439].
AI440.1
Kl. The second feria [Monday], twelfth of the moon.
AI440.2
Repose of Augustine, a learned man. [AU 440].
AI440.3
Death of Maine, son of Niall [Naígiallach], and ... [AU 440].
AI441.1
Kl. The approval of Saint Patrick in the Catholic Faith. [AU 441].
AI442.1
Kl. The fourth of the moon. A comet appeared.
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p.59
AI443.1
Kl. Patrick flourished in the doctrine of Christ. [AU 443].
AI444.1
Kl. An eclipse of the sun in the ninth hour.
AI445.1
Kl. The third [feria]. Theodosius, who reigned twenty-six years.
AI445.2
Nath Í, son of Fiachra, [died]. [AU 444].
AI446.1
Kl.
AI447.1
Kl. The battle of Mag Feimin between the Munstermen and the Laigin, in which fell Mac Cáirthinn son of Caelub, who ...(?) [AU 447].
AI448.1
Kl. Repose of Saint Secundinus. [AU 47].
AI449.1
Kl.
AI450.1
Kl.
AI451.1
Kl. The synod of Chalcedon assembles. [AU 457].
AI452.1
Kl.
AI453.1
The death of Marcian, who reigned seven years. [AU 456].
AI453.2
Leo reigned, and the head of John the Baptist was discovered.
AI454.1
Kl. The twenty-sixth of the moon. Easter on the eighth of the Kalends of May [April 24].
AI455.1
Kl. Destruction of the Laigin. [AU 452, 453].
AI455.2
Here some place the birth of Saint Brigit [AU 452, 456].
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p.61
Kl. The Festival of Temuir [celebrated] by Laegaire, son of Niall. [AU 454].
AI457.1
Kl. Victorius composed the Paschal cycle.
AI458.1
Kl. Death of Énna, son of Cathub. [AU 456].
AI459.1
Kl. The battle of Áth Dara [gained] against Laegaire by the Laigin. [AU 458, 459, 467].
AI460.1
Kl. Auxilius fell asleep. [AU 459].
AI461.1
Kl. The repose of Pope Leo, and the ordination of bishop Hilary. [AU 460, 461].
AI462.1
Kl.
AI463.1
Kl. The death of Laegaire, son of Niall, at Grellach Dabaill between two hills, namely Ériu and Alba. [AU 462].
AI464.1
Kl. Ailill Molt reigned. [AU 463].
AI465.1
Kl. Isserninus fell asleep. [AU 468].
AI466.1
Kl. The battle of Ard Corainn. [AU 464].
AI467.1
Kl.
AI468.1
Kl. Repose of bishop Benignus ... dies in Rome.
AI468.2
Death of Leo the Minor who reigned sixteen years, and Eman (Zeno) becomes emperor.
AI469.2
Kl. The Festival of Temuir [celebrated] by Ailill Molt. [AU 467, 469, 470].
AI470.1
Kl. The battle of Duma Aichir [gained] against Ailill Molt. Illann was victor. [AU 468, 474, 476].
--------------------------------------------------------------------------------
p.63
AI471.1
Kl. The second prey of the Saxon from Ireland. [AU 471].
AI472.1
Kl.
AI473.1
Kl.
AI480.1
Kl. The son of Conall, son of Cremthann, son of Niall dies. [AU 480].
AI481.1
Kl. Repose of Iarlaithe, the third abbot of Ard Macha [AU 481].
AI482.1
Kl. The battle of Uchbath [gained] over the Laigin by Crimthann, or by Fiachra Glomrach, son of Caelub, son of Crund, of Dál Araide. [AU 482, 483].
AI485.1
Kl. The battle of Granard (Mac Erce victor), in which Finnchad, king of the Laigin, fell; and Cairpre [was] victor, as others say. [AU 485, 486].
485.2
The mortal wounding of Crimthann Ceinnselach, king of Laigin, whom Echaid Glúinech slays. [AU 483, 485].
AI486.1
Kl. Birth of Brénainn, son of Finnlug.
AI487.1
Kl. Death of Crimthann Ceinnselach. [AU 483, 485].
AI488.1
Kl.
AI489.1
Kl.
AI491.1
Kl. Repose of Cianán of Dam Liac. [AU 489].
AI491.2
Death of Zeno, who reigned seventeen years.
AI491.3
Anastasius becomes emperor. [AU 491].
--------------------------------------------------------------------------------
p.65
AI492.1
Kl. Repose of bishop Mac Caille. [AU 490].
AI492.2
The battle of Cenn Losnada, in which fell Aengus, son of Nad Fraích, and Eithne Uathach his wife. [AU 490, 491].
AI493.1
Kl. The battle of Srath Echaill, in which Fraech son of Finnchad, king of Laigin, fell, and Eochu, son of Cairpre, was victor.
AI494.1
K.
AI495.1
K.
AI496.1
Kl. Repose of Patrick on the 16th of the Kalends of April in the 432nd year from the Passion of the Lord.
AI496.2
Repose of Mac Cuilinn of Lusca. [AU 496, 498].
AI497.1
Repose of Cormac, bishop of Ard Macha. [AU 497].
AI498.1
Kl. Repose of Mo-Chóe of Naendruim. [AU 497, 499].
AI499.1
Kl. Repose of bishop Ibar [AU 500,501].
AI500.1
Kl. The battle of Inne Mór. Mac Erce victor ... [AU 498, CS 500].
AI501.1
Kl.
AI502.1
Kl. The battle of Segais, in which Tenga Uma fell. Mac Erce was victor. [AU 502].
AI503.1
Kl. Repose of Domangart of Cenn Tíre.
AI504.1
Kl.
AI505.1
Kl. Repose of bishop Cerpán in Ferta Cerpáin. [AU 504].
--------------------------------------------------------------------------------
p.67
AI506.1
Kl. The battle of Ard Corainn. [AU 507, 508].
AI507.1
Kl.
AI508.1
Kl. The battle of Frémann of Mide. Rus Failge was victor. [AU 510, CS 505].
AI509.1
Kl. Repose of Mac Nise of Connere. [AU 507, 514].
AI511.1
Kl. Birth of Ciaran, son of the wright. [AU 512, 517].
AI512.1
Kl. Repose of Dubthach, bishop of Ard Macha. [AU 513].
AI512.2
Repose of Erc of Sláine. [AU 513].
AI513.1
Kl. The battle of Druim Derga [gained] against Failge.
AI513.2
Fiacha, son of Niall, was victor. Thereupon the plain of Mide was taken from the Laigin. [AU 516, 517].
AI514.1
Kl.
AI515.1
Kl. Birth of Comgall of Bennchor. [AU 516, 520].
AI516.1
Kl. Repose of bishop Conlaed, and repose of Dar Erca. [AU 520; AU 517, 519].
AI517.1
Kl.
AI518.1
Kl. Death of Anastasius, who reigned twenty-five years.
AI518.2
Iustinus becomes emperor [AU 518].
AI519.1
Kl.
AI521.1
Kl. Birth of Colum Cille and the falling asleep of Buite, son of Brónach. [AU 519, 523].
AI522.1
Kl.
AI523.1
Kl.
--------------------------------------------------------------------------------
p.69
AI524.1
Kl. Repose of Saint Brigit [AU 524, 526, 528].
AI525.1
from
AI433.1
Kl. The first feria [Sunday]. Conversion of the Scotti to the Christian Faith.
AI434.1
Kl. The first prey by the Saxon from Ireland.[AU 434].
AI435.1
Kl. The third feria [Tuesday]. Orosius and Cyril flourished in the doctrine. [AU 435, 436].
AI435.2
Great snow.
AI436.1
Kl. Death of king Bresal Brec. [AU 435, 436].
AI437.1
Kl. The ninth of the moon. Beginning of the Great Circle.
AI438.1
Kl. The twentieth of the moon.
AI439.1
K. The first feria [Sunday]. Secundinus, Auxilius, and Isserninus are sent to help Patrick; nevertheless, not they, but Patrick alone held the apostleship. [AU 439].
AI440.1
Kl. The second feria [Monday], twelfth of the moon.
AI440.2
Repose of Augustine, a learned man. [AU 440].
AI440.3
Death of Maine, son of Niall [Naígiallach], and ... [AU 440].
AI441.1
Kl. The approval of Saint Patrick in the Catholic Faith. [AU 441].
AI442.1
Kl. The fourth of the moon. A comet appeared.
--------------------------------------------------------------------------------
p.59
AI443.1
Kl. Patrick flourished in the doctrine of Christ. [AU 443].
AI444.1
Kl. An eclipse of the sun in the ninth hour.
AI445.1
Kl. The third [feria]. Theodosius, who reigned twenty-six years.
AI445.2
Nath Í, son of Fiachra, [died]. [AU 444].
AI446.1
Kl.
AI447.1
Kl. The battle of Mag Feimin between the Munstermen and the Laigin, in which fell Mac Cáirthinn son of Caelub, who ...(?) [AU 447].
AI448.1
Kl. Repose of Saint Secundinus. [AU 47].
AI449.1
Kl.
AI450.1
Kl.
AI451.1
Kl. The synod of Chalcedon assembles. [AU 457].
AI452.1
Kl.
AI453.1
The death of Marcian, who reigned seven years. [AU 456].
AI453.2
Leo reigned, and the head of John the Baptist was discovered.
AI454.1
Kl. The twenty-sixth of the moon. Easter on the eighth of the Kalends of May [April 24].
AI455.1
Kl. Destruction of the Laigin. [AU 452, 453].
AI455.2
Here some place the birth of Saint Brigit [AU 452, 456].
--------------------------------------------------------------------------------
p.61
Kl. The Festival of Temuir [celebrated] by Laegaire, son of Niall. [AU 454].
AI457.1
Kl. Victorius composed the Paschal cycle.
AI458.1
Kl. Death of Énna, son of Cathub. [AU 456].
AI459.1
Kl. The battle of Áth Dara [gained] against Laegaire by the Laigin. [AU 458, 459, 467].
AI460.1
Kl. Auxilius fell asleep. [AU 459].
AI461.1
Kl. The repose of Pope Leo, and the ordination of bishop Hilary. [AU 460, 461].
AI462.1
Kl.
AI463.1
Kl. The death of Laegaire, son of Niall, at Grellach Dabaill between two hills, namely Ériu and Alba. [AU 462].
AI464.1
Kl. Ailill Molt reigned. [AU 463].
AI465.1
Kl. Isserninus fell asleep. [AU 468].
AI466.1
Kl. The battle of Ard Corainn. [AU 464].
AI467.1
Kl.
AI468.1
Kl. Repose of bishop Benignus ... dies in Rome.
AI468.2
Death of Leo the Minor who reigned sixteen years, and Eman (Zeno) becomes emperor.
AI469.2
Kl. The Festival of Temuir [celebrated] by Ailill Molt. [AU 467, 469, 470].
AI470.1
Kl. The battle of Duma Aichir [gained] against Ailill Molt. Illann was victor. [AU 468, 474, 476].
--------------------------------------------------------------------------------
p.63
AI471.1
Kl. The second prey of the Saxon from Ireland. [AU 471].
AI472.1
Kl.
AI473.1
Kl.
AI480.1
Kl. The son of Conall, son of Cremthann, son of Niall dies. [AU 480].
AI481.1
Kl. Repose of Iarlaithe, the third abbot of Ard Macha [AU 481].
AI482.1
Kl. The battle of Uchbath [gained] over the Laigin by Crimthann, or by Fiachra Glomrach, son of Caelub, son of Crund, of Dál Araide. [AU 482, 483].
AI485.1
Kl. The battle of Granard (Mac Erce victor), in which Finnchad, king of the Laigin, fell; and Cairpre [was] victor, as others say. [AU 485, 486].
485.2
The mortal wounding of Crimthann Ceinnselach, king of Laigin, whom Echaid Glúinech slays. [AU 483, 485].
AI486.1
Kl. Birth of Brénainn, son of Finnlug.
AI487.1
Kl. Death of Crimthann Ceinnselach. [AU 483, 485].
AI488.1
Kl.
AI489.1
Kl.
AI491.1
Kl. Repose of Cianán of Dam Liac. [AU 489].
AI491.2
Death of Zeno, who reigned seventeen years.
AI491.3
Anastasius becomes emperor. [AU 491].
--------------------------------------------------------------------------------
p.65
AI492.1
Kl. Repose of bishop Mac Caille. [AU 490].
AI492.2
The battle of Cenn Losnada, in which fell Aengus, son of Nad Fraích, and Eithne Uathach his wife. [AU 490, 491].
AI493.1
Kl. The battle of Srath Echaill, in which Fraech son of Finnchad, king of Laigin, fell, and Eochu, son of Cairpre, was victor.
AI494.1
K.
AI495.1
K.
AI496.1
Kl. Repose of Patrick on the 16th of the Kalends of April in the 432nd year from the Passion of the Lord.
AI496.2
Repose of Mac Cuilinn of Lusca. [AU 496, 498].
AI497.1
Repose of Cormac, bishop of Ard Macha. [AU 497].
AI498.1
Kl. Repose of Mo-Chóe of Naendruim. [AU 497, 499].
AI499.1
Kl. Repose of bishop Ibar [AU 500,501].
AI500.1
Kl. The battle of Inne Mór. Mac Erce victor ... [AU 498, CS 500].
AI501.1
Kl.
AI502.1
Kl. The battle of Segais, in which Tenga Uma fell. Mac Erce was victor. [AU 502].
AI503.1
Kl. Repose of Domangart of Cenn Tíre.
AI504.1
Kl.
AI505.1
Kl. Repose of bishop Cerpán in Ferta Cerpáin. [AU 504].
--------------------------------------------------------------------------------
p.67
AI506.1
Kl. The battle of Ard Corainn. [AU 507, 508].
AI507.1
Kl.
AI508.1
Kl. The battle of Frémann of Mide. Rus Failge was victor. [AU 510, CS 505].
AI509.1
Kl. Repose of Mac Nise of Connere. [AU 507, 514].
AI511.1
Kl. Birth of Ciaran, son of the wright. [AU 512, 517].
AI512.1
Kl. Repose of Dubthach, bishop of Ard Macha. [AU 513].
AI512.2
Repose of Erc of Sláine. [AU 513].
AI513.1
Kl. The battle of Druim Derga [gained] against Failge.
AI513.2
Fiacha, son of Niall, was victor. Thereupon the plain of Mide was taken from the Laigin. [AU 516, 517].
AI514.1
Kl.
AI515.1
Kl. Birth of Comgall of Bennchor. [AU 516, 520].
AI516.1
Kl. Repose of bishop Conlaed, and repose of Dar Erca. [AU 520; AU 517, 519].
AI517.1
Kl.
AI518.1
Kl. Death of Anastasius, who reigned twenty-five years.
AI518.2
Iustinus becomes emperor [AU 518].
AI519.1
Kl.
AI521.1
Kl. Birth of Colum Cille and the falling asleep of Buite, son of Brónach. [AU 519, 523].
AI522.1
Kl.
AI523.1
Kl.
--------------------------------------------------------------------------------
p.69
AI524.1
Kl. Repose of Saint Brigit [AU 524, 526, 528].
AI525.1
from
Wednesday, July 2, 2008
Capitulary of Charlemagne Issued in the Year 802
(From "Mon. Germ. hiss." [Quarto Series] LL. IL., p. 91 99; also to be found in " Altmann u. Bernheim," p. 4.)
CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.
The most serene and most Christian emperor Charles, did choose from among his nobles the most prudent and the wisest men archbishops as well as other bishops, and venerable abbots, and pious laymen and did send them over his whole kingdom; and did grant through them, by means of all the following provisions, that men should live according to law and right. He did order them, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to him: and he, God granting, hopes to better it. And let no one, through his cleverness or astuteness-as many are accustomed to do-dare to oppose the written law, or the sentence passed upon him, or to prevail against the churches of God or the poor, or widows, or minors, or any Christian man. But all should live together according to the precept of God in a just manner and under just judgment, and each one should be admonished to live in unity with the others in his occupation or calling. The monastic clergy should altogether observe in their actions a canonical mode of living, far removed from turpid gains; nuns should keep diligent guard over their lives; laymen and secular clergy should make proper use of their privileges without malicious fraud; all should live together in mutual charity and perfect peace. And let the messengers diligently investigate all cases where any man claims that injustice has been done to him by any one, according as they themselves hope to retain for themselves the grace of omnipotent God, and to preserve the fidelity promised to him. And thus, altogether and everywhere and in all cases, whether the matter concerns the holy churches of God, or the poor, or wards and widows, or the whole people, let them fully administer law and justice according to the will and to the fear of God. And if there should be any matter such that they themselves, with the counts of the province, could not better it and render justice with regard to it: without any ambiguity they shall refer it, together with their reports, to the emperor's court. Nor should anyone be kept back from the right path of justice by the adulation or the reward of any man, by the obstacle of any relationship, or by the fear of powerful persons.
2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.
And he ordained that every man in his whole kingdom -ecclesiastic or layman, each according to his vow and calling-who had previously promised fealty to him as king should now make this promise to him as emperor; and that those who had hitherto not made this promise should all, down to those under 12 years of age, do likewise. And he ordained that it should be publicly told to all-so that each one should understand it-what important things and how many things are comprehended in that oath: not alone, as many have hitherto believed, fidelity to the emperor as regards his life, or the not introducing an enemy into his kingdom for a hostile purpose, or the not consenting to the infidelity of another, or the not keeping silent about it. But all should know that the oath comprises in itself the following meaning:
3. Firstly, that every one of his own accord should strive, according to his intelligence and strength, wholly to keep himself in the holy service of God according to the precept of God and to his own promise-inasmuch as the emperor can not exhibit the necessary care and discipline to each man singly.
4. Secondly, that no one, either through perjury or through any other wile or fraud, or on account of the flattery or gift of any one, shall refuse to give back, or dare to abstract or conceal a slave of the emperor, or a district or territory or anything that belongs to his proprietary right; and that no one shall presume to conceal or abstract, through perjury or any other wile, fugitive fiscaline slaves who unjustly and fraudulently call themselves free.
5. That no one shall presume through fraud to plunder or do any injury to the holy churches of God, or to widows, orphans or strangers; for the emperor himself, after God and his saints, has been constituted their protector and defender.
6. That no one shall dare to devastate a fief of the emperor or to take possession of it.
7. That no one shall presume to neglect a summons to arms of the emperor; and that no count be so presumptuous as to dare to release out of regard for any relationship, or on account of flattery or of any one's gift-any one of those who owe military service.
8. That no one at all shall dare in any way to impede a bann or precept of the emperor, or delay or oppose or damage any undertaking of his, or in any way act contrary to his will and precepts. And that no one shall dare to interfere with his taxes and with what is due to him.
9. That no man shall make a practice of unjustly carrying on the defence of another in court, whether from any cupidity, being not a very great pleader; or in order, by the cleverness of his defence, to impede a just judgment or, his case being a weak one, by a desire of oppressing. but each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading-for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. Or, if necessary, such a person may be granted for the defence as shall be approved by all, and well versed in that case. This, however, shall be done altogether according to the pleasure of those who preside, or of the "missi" who are present. And all this shall be done in every way according to law, so that justice shall be in no way impeded by any gift, payment, or by any wile of evil adulation, or out of regard for any relationship. And that no man shall make any unjust agreement with another, but that all shall be prepared, with all zeal and good will to carry out justice.
For all these things here mentioned should be observed as being comprised in the oath to the emperor.
10. That bishops and priests should live according to the canons and should teach others to do likewise.
11. That bishops, abbots and abbesses, who are placed in power over others, should strive to surpass in veneration and diligence those subject to them; that they should not oppress them with severe and tyrannous rule, but should carefully guard the flock committed to them, with simple love, with mercy and charity, and by the example of good works.
12. That abbots should live where the monks are, and wholly with the monks, according to the rule; and that they should diligently teach and observe the canons; and that abbesses shall do the same.
13. That bishops, abbots and abbesses, shall have bailiffs and sheriffs and judges skilled in the law, lovers of justice, peaceful and merciful: so that, through them, more profit and gain may accrue to the holy church of God. For on no account do we wish to have harmful or greedy provosts or bailiffs in a monastery; for, from them, the greatest blasphemies or evils may arise for us. But let them be such as the decree of the canons or of the rule bids them to be,-submissive to the will of God, and always ready to do justice in every way, wholly observing the law without malice or fraud, always exercising a just judgment in all things: such provosts, in short, as the holy rule recommends. And they shall altogether observe this, that they shall on no account(1) .... depart from the model of the canons or the rule, but shall practice humility in all things. If they presume to act otherwise they shall feel the discipline prescribed in the rule; and, if they be unwilling to amend their ways, they shall be removed from their prevostship, and others who are worthy shall be chosen in their stead.
14. That bishops, abbots and abbesses, and counts shall be mutually in accord, agreeing, with all charity and unity of peace, in wielding the law and in finding a right judgment; and that they shall faithfully live according to the will of God, so that everywhere and always, through them and among them, just judgments may be carried out. The poor, widows, orphans and pilgrims shall have consolation and protection from them; so that we, through their good will, may merit, rather than punishment, the rewards of eternal life.
15. We will, moreover, and decree, that abbots and all monks shall be subject in all obedience to their bishops, as the canonical institutions require. And all churches and chapels shall remain in the protection and power of the church. And no one shall presume to divide or cast lots for the property of the church. And what is once offered (for sale ?) shall go no further, but shall be sanctified and reclaimed. And if ally one presume to act counter to this, he shall pay and make good our royal fine. And the monks of that province shall be admonished by the bishop; and, if they do not amend their ways, then the archbishop shall call them before the synod; and, if they do not thus better themselves, then they, together with the bishop, shall come to our presence.
16. In the matter of choosing candidates for ordination, the emperor has confirmed this now to the bishops and abbots just as he formerly conceded it to them under the Frankish law. With this restriction, however, that a bishop or abbot shall not prefer the more worthless men in a monastery to the better ones; nor endeavour, on account of relationship, or through any flattery, to advance them over the better ones; nor bring such a one before us to be ordained, when he has a better man whom he conceals and oppresses. We absolutely will not allow this for it seems to be done out of derision and deceitfulness towards us. But let there be prepared for ordination in the monasteries men of such kind that, through them, gain and profit will accrue to us and to those who recommend them.
17. That the monks, moreover, shall live firmly and strictly according to the rule; since we know that whoever is lukewarm in carrying out His will, is displeasing to God. As John, in the Apocalypse, bears witness: "I would that thou wert cold or hot. So then, because thou art lukewarm, I will spue thee out of my mouth." They shall on no account take upon themselves secular occupations. They shall not be permitted to go outside of the monastery unless great necessity compels them; and the bishop in whose diocese they are shall take great care that they do not gain the habit of wandering round outside of the monastery. But if it be necessary for any one, as an act of obedience, to go outside, this shall be done by the advice and with the consent of the bishop; and such persons shall be sent out, provided with a certificate of character, who are not evil-minded, and about whom no evil opinion is held. As to the outlying estates or property of the monastery, the abbot by the advice and with the permission of the bishop, shall decree who shall look after them; not a monk, unless subject to another monastery. They shall in every way avoid earthly pursuit of gain, or a desire for worldly things. For avarice and concupiscence are to be avoided by all Christians in this world, but chiefly by those who have renounced the world and its desires. Let no one presume to start a quarrel or dissension either within or without the monastery. Whoever shall have presumed to do so, shall be punished by the most severe discipline of the rule, so that others shall have fear of doing likewise. Let them altogether avoid drunkenness and feasting; for it is known to all that chiefly through them one comes to be polluted by lust. For the very pernicious rumour has come to our ears that many, in the monasteries, have been taken in fornication in abomination and uncleanness. And most of all it saddens and disturbs us that it can be said without error that from those things whence the greatest hope of salvation for all Christians is believed to arise-namely, the manner of living and the chastity of the monks-the evil has arisen that some of the monks are found to be sodomites.
18. Monasteries for women shall be firmly ruled, and the nuns shall by no means be permitted to wander about, but shall be kept with all diligence. For shall they be permitted to quarrel or contend among themselves, or in any way to be disobedient and refractory towards their masters and abbesses. Where they live under the rule, they shall observe all things altogether according to the rule. They shall not be given to fornication, drunkenness, or cupidity; but in all ways they shall live justly and soberly. And let no man enter into their cloister or monastery, unless a priest, with testimonials, enter it for the sake of visiting the sick, or for the mass alone; and straightway thereafter he shall go out again. And let no one enroll his daughter among the congregation of the nuns without the knowledge and consideration of the bishop to whose diocese that place pertains; and let the latter himself diligently ascertain that she is desirous of remaining in the holy service of God, and there confirm the stability of her vow. Moreover, the handmaids of other men, and such women as are not willing to live according to the manner of life in the holy congregation, shall all be altogether ejected from the congregation.
19. That no bishops, abbots, priests, deacons-no one in short, belonging to the clergy-shall presume to have hunting dogs or hawks, falcons or sparrow-hawks; but each one shall keep himself wholly in his proper sphere, according to the canons, or according to the rule. Any one who presumes to do this (have hunting dogs, etc.) shall know that he loses his standing. Furthermore he shall suffer such punishment for this, that others shall fear to wrongfully do likewise.
20. That abbesses and their nuns shall, with one mind and diligently, keep themselves within their cloister-walls' and by no means presume to go outside of their cloisterwalls. But the abbesses, when they propose to send out any of the nuns, shall by no means do this without the permission and advice of their bishop. Likewise when any ordinations are to take place in the monasteries, or any persons to be received into the monasteries, this also they shall first fully talk over with their bishops. And the bishops shall announce to the archbishop what they consider the best and most advantageous course of proceeding; and with his advice they shall carry out what is to be done.
21. That priests and the other lesser clergy, whom they have to help them in their ministry, shall altogether show themselves subject to their bishops, as the canons demand. As they desire our favour and their own advancement, let them consent fully to be taught in sacred subjects by these their bishops.
22. The secular clergy, moreover, ought to lead a completely canonical life, and be educated in the episcopal palace, or also in a monastery, with all diligence according to the discipline of the canons. They shall by no means be permitted to wander at large, but shall live altogether apart, not given to disgraceful gain, not fornicators, not thieves, not homicides, not ropers, not quarrelsome, not wrathful, not proud, not drunken; but chaste in heart and body, humble, modest, sober, merciful, peaceful; that, as. sons of God they may be worthy to be promoted to sacred orders: not, like those who are called sarabaites, living in towns and villages near or adjoining the church, without master and without discipline, revelling and fornicating, and also doing other wicked deeds the consenting to which is unheard of.
23. Priests shall carefully pay heed to the clergy Shone they have with them, that they live according to the canons; that they be not given to vain sports or worldly feastings, or songs or luxuries, but that they live chastely and healthfully.
24. Moreover, any priest or deacon who after this shall presume to have women in his house without permission of the canons, shall be deprived at once of his position and of his inheritance until he shall be brought into our presence.
25. That counts and centenars shall see to it that justice is done in full; and they shall have younger men in their service in whom they can securely trust, who will faithfully observe law and justice, and by no means oppress the poor; who will not, under any pretext, induced by reward or flattery, dare to conceal thieves, robbers, or murderers, adulterers, magicians and wizards or witches, or any godless men,-but will rather give them up that they may be bettered and chastised by the law: so that, God permitting, all these evils may be removed from the Christian people.
26. That judges shall judge justly, according to the written law and not according to their own judgment.
27. We decree that throughout our whole realm no one shall dare to deny hospitality to the rich, or to the poor, or to pilgrims: that is, no one shall refuse shelter and fire and water to pilgrims going through the land in God's service, or to any one travelling for the love of God and the safety of his soul. If any one shall wish to do further kindness to them, he shall know that his best reward will be from God, who said Himself: " And who so shall receive one such little child in my name, receiveth me." And again: " I was a stranger and ye took me in."
28. Concerning embassies coming from the lord emperor.-That the counts and centenars, as they desire to obtain the emperor's favour, shall provide with all care for the envoys sent, so that they may go through their districts without delay. And he altogether recommends to all to arrange all that shall be required, in such manner that there shall nowhere be delay; but they shall speed them on their way with all haste, and shall provide for them as they, our envoys, may arrange.
29. That our judges, counts, or envoys shall not have a right to extort payment of the remitted fine, on their own behalf, from those destitute persons to whom the emperor has, in his mercy, forgiven what they ought to pay by reason of his balm.
30. As to those whom the emperor wishes by Christ's favour to have peace and defence in his kingdom-that is those who, whether Christians or pagans, hasten to his. presence desiring to announce something, or those who seek alms on account of indigence or hunger-let no none dare to constrain them to do him service, or take possession of them, or alienate or sell them: but where they remain of their own will, there they, under the protection of the emperor, shall have alms from his bounty. If any one shall presume to transgress this, he shall know that he shall atone for it with his life, for having so presumptuously despised the commands of the emperor.
31. And let no one presume to contrive injuries or in. suits against those who announce a judgment of the emperor, or to show hostility to them in any way. Whoever shall have presumed to do this shall pay the king's bann; or, if he deserve a greater punishment, it is ordered that he be brought into the king's presence.
32. With every kind of protestation we command that men leave off and shun murders, through which many of the Christian people perish. If God forbids hatred and enmity to his followers, much more does he forbid murders. For how can any one hope to be pleasing to God who has slain His son who is nearest to Him? Or how can any one believe that Christ will be gracious to him who has slain his brother. It is a great and inevitable risk to arouse the hatred of men besides incurring that of God the Father and of Christ the ruler of Heaven. By hiding, one can escape them for a time; but, nevertheless, one falls by some chance into the hands of his enemies. And where can one flee God to whom all secrets are manifest ? by what rashness can any one hope to evade His wrath? Therefore we have taken care to avoid, by every possible regulation, that the people committed to us to be ruled over perish by this evil. For he who has not feared that God will be angry with him, will by no means find us gentle and gracious; we wish rather to punish with the greatest severity him who dares to commit the crime of murder. Lest, then, crime increase, and in order that very great discord may not arise among men,-wherever under the devil's suasion, a murder has occurred, the guilty one shall straightway hasten to make his amends, and shall, with all celerity, compound worthily with the relatives of the dead man for the evil done. And this we firmly decree under fur bane, that the relatives of the dead man shall by no means dare to carry further their enmity on account or the evil inflicted, or refuse to make peace with him who seeks it; but, pledging their faith, they shall make a lasting peace, and the guilty man shall make no delay in paying the wergeld. When, moreover, through the influence of sin, this shall have happened, that any one shall have slain his brothers or his relative, he shall straightway submit himself to the penance imposed, according as his bishop decides, and without any circumvention. But by the help of God he shall strive to work out his atonement; and he shall pay the fine for the slain man according to the law, and shall fully be reconciled to his relatives. And, having pledged their faith, let no one thenceforth dare to start hostilities. And whoever shall scorn to make proper amends shall be deprived of his inheritance until we shall have rendered our judgment.
33. We altogether prohibit the crime of incest. If any one be contaminated by sinful adultery, he shall not be released without grave severity, but shall so be punished for this that others may have fear of doing the same: so that uncleanness may be altogether removed from the Christian people, and that the guilty man may fully atone by such penance as shall be imposed on him by his bishop. And that woman shall be placed in the hands of her relatives until we pass sentence. But if the man be unwilling to submit to the sentence of the bishop concerning what amends he shall make, then let him be brought before our presence, mindful of the example which was made in the case of the incest committed by Fricco in the temple.
34. That all shall be fully and well prepared whenever our order or announcement shall come. If any one then say that he be not prepared, and avoid our mandate, let him be brought to the palace; and not only he, but likewise all who presume to transgress our bann or command.
36. That all men shall at all times, in the service and will of God, venerate with all honour their bishops and priests. Inlet them not dare to pollute themselves and others by incestuous nuptials; let them not presume to be wedded until the bishops and priests, together with the elders of the people, shall diligently inquire into the degree of blood-relationship between those being joined together. And then, with a benediction, let them be wedded. Let them avoid drunkenness, shun greed, commit no theft. Let strife and contentions and blasphemy whether at feasts or assemblies, be altogether avoided but let them live in charity and concord
36. Also that, in carrying out every sentence, all shall be altogether of one mind with our envoys. And they shall not at all permit the practice of perjury, which most evil crime must be removed from Christian people. If any one henceforth shall be proved a perjurer. he shall know that he shall lose his right hand; and he shall, in addition be deprived of his inheritance until we have judged his case.
37. As to patricides or fratricides, or those who have slain their mother's or their father's brother, or any relation,-if they have been unwilling to obey and agree to the sentence of the bishops and other priests: for the safety of their souls and that they may pay a just penalty-. let our envoys and counts keep them in such custody until they are brought into our presence, that they may be safe and may not infect other people. And they shall, in the meantime, be deprived of their property.
38. And let the like be done to those who have been reprimanded and corrected for unlawful and incestuous unions, and who art not willing to obey their bishops and priests, and who presume to despise our bann.
39. Let no one in our forests dare to rob our game which we have already many times forbidden to be done And now again we firmly decree that no one shall do this any more. Each one shall keep guard on himself as he hopes to keep the fealty sworn to us. But if any count or centenar or lower official of ours, or any one of our serving-men, shall have stolen our game, he shall without fail be brought to our presence and called to account. Any other common man who may have stolen our game, shall compound for it to the full extent of the law; and by no means shall any allowance be made for such persons in this matter. If any one knows that this evil deed has been perpetrated by another, let him not, by the fealty which he has promised and must now promise to us, dare to conceal it.
40. Lastly, then, we wish our decrees to be known, through the envoys whom we now send, by everyone in our whole realm-by ecclesiastics, viz.: bishops, abbots, priests, deacons, canons, all monks and nuns;-so that they, each one in his office or calling, may keep our bean and decree either in cases where it shall be necessary to thank those subject to them for their good will, or to lend them aid, or in cases where there may be need of applying a remedy. Likewise we wish our decrees to be known by laymen and in all places-whether they concern the protection of churches or widows, or orphans or the weak; or the plundering of them, or the fixing of the assembling of the army, or any other matters: in order that they may be obedient to our command to our will, and that each one may strive in all things to keep himself in the sacred service of God. And thus may all these things be good and to the praise of omnipotent God, and may we give thanks where they are due; but when we think that any thing needs vengeance, may we strive with all our will and all our zeal to better it,-so that, with God's aid, we may succeed in bettering it, to the eternal gain of ourselves and all our followers. Likewise we wish that all the above decrees be made known to our counts and centenars and officials.
(1) The MS. is here defective. Back
Henderson's Note
The Capitulary of 802, is, in reality, nothing more nor less than the foundation charter of that longlived institution, the Holy Roman Empire. The latter, as will be remembered, began its existence on Christmas-day, 800, and ended it on August 6th, 1806. Already in Voltaire's time it had ceased to be " either holy, or Roman, or an empire," but its pretensions were kept up until all Germany fell asunder before the wars and the wiles of Napoleon.
This capitulary of Charlemagne is the programme, so to speak, of the young empire. It is the ideal-an ideal never once to be fulfilled-of what that empire should have been. At the head of all things stands the emperor, whose greatest duty it is to provide for the welfare of his subjects. Every male being in his realm who is over twelve years of age has to plight his troth to him. In his hands are justice, morality, and religion. His realm is to be a haven of rest where all discords are to cease and no one to infringe on the rights of another. In his care are all the churches of God, all widows, orphans, and strangers, "for the emperor himself, after God and His saints, has been constituted their protector and defender."
Quite new, in the present document, is the introduction of the "missi dominici"-regular envoys who were to radiate from the emperor as a centre, and bring peace and justice to all parts of the realm. They were to overlook all the different officials, and to listen to complaints against them. So excellent was the institution that one similar to it was adopted in England, where in the time of Henry II. the itinerant justices formed an important feature of the administration.
It is worth while to notice how completely, at this time, the clergy were under the rule of the emperor. The new empire was to be as much of a theocracy as the kingdom of that David whose name Charlemagne bore in the intimate circle of his learned friends. But too soon, alas, the elements of disruption were to make themselves felt. The clergy were to assert their allegiance to a King higher than any earthly monarch, whose commands, as issued and tampered with by His representative on earth, were to be at variance with all the best interests of the emperor. Nationality was to war with universalism, the accepted principles of heredity with the desire for the necessary unity; and with the death of the last Carolingian emperor the empire itself was irretrievably to be cleft and riven.
From: http://www.yale.edu/lawweb/avalon/medieval/capitula.htm
(From "Mon. Germ. hiss." [Quarto Series] LL. IL., p. 91 99; also to be found in " Altmann u. Bernheim," p. 4.)
CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.
The most serene and most Christian emperor Charles, did choose from among his nobles the most prudent and the wisest men archbishops as well as other bishops, and venerable abbots, and pious laymen and did send them over his whole kingdom; and did grant through them, by means of all the following provisions, that men should live according to law and right. He did order them, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to him: and he, God granting, hopes to better it. And let no one, through his cleverness or astuteness-as many are accustomed to do-dare to oppose the written law, or the sentence passed upon him, or to prevail against the churches of God or the poor, or widows, or minors, or any Christian man. But all should live together according to the precept of God in a just manner and under just judgment, and each one should be admonished to live in unity with the others in his occupation or calling. The monastic clergy should altogether observe in their actions a canonical mode of living, far removed from turpid gains; nuns should keep diligent guard over their lives; laymen and secular clergy should make proper use of their privileges without malicious fraud; all should live together in mutual charity and perfect peace. And let the messengers diligently investigate all cases where any man claims that injustice has been done to him by any one, according as they themselves hope to retain for themselves the grace of omnipotent God, and to preserve the fidelity promised to him. And thus, altogether and everywhere and in all cases, whether the matter concerns the holy churches of God, or the poor, or wards and widows, or the whole people, let them fully administer law and justice according to the will and to the fear of God. And if there should be any matter such that they themselves, with the counts of the province, could not better it and render justice with regard to it: without any ambiguity they shall refer it, together with their reports, to the emperor's court. Nor should anyone be kept back from the right path of justice by the adulation or the reward of any man, by the obstacle of any relationship, or by the fear of powerful persons.
2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.
And he ordained that every man in his whole kingdom -ecclesiastic or layman, each according to his vow and calling-who had previously promised fealty to him as king should now make this promise to him as emperor; and that those who had hitherto not made this promise should all, down to those under 12 years of age, do likewise. And he ordained that it should be publicly told to all-so that each one should understand it-what important things and how many things are comprehended in that oath: not alone, as many have hitherto believed, fidelity to the emperor as regards his life, or the not introducing an enemy into his kingdom for a hostile purpose, or the not consenting to the infidelity of another, or the not keeping silent about it. But all should know that the oath comprises in itself the following meaning:
3. Firstly, that every one of his own accord should strive, according to his intelligence and strength, wholly to keep himself in the holy service of God according to the precept of God and to his own promise-inasmuch as the emperor can not exhibit the necessary care and discipline to each man singly.
4. Secondly, that no one, either through perjury or through any other wile or fraud, or on account of the flattery or gift of any one, shall refuse to give back, or dare to abstract or conceal a slave of the emperor, or a district or territory or anything that belongs to his proprietary right; and that no one shall presume to conceal or abstract, through perjury or any other wile, fugitive fiscaline slaves who unjustly and fraudulently call themselves free.
5. That no one shall presume through fraud to plunder or do any injury to the holy churches of God, or to widows, orphans or strangers; for the emperor himself, after God and his saints, has been constituted their protector and defender.
6. That no one shall dare to devastate a fief of the emperor or to take possession of it.
7. That no one shall presume to neglect a summons to arms of the emperor; and that no count be so presumptuous as to dare to release out of regard for any relationship, or on account of flattery or of any one's gift-any one of those who owe military service.
8. That no one at all shall dare in any way to impede a bann or precept of the emperor, or delay or oppose or damage any undertaking of his, or in any way act contrary to his will and precepts. And that no one shall dare to interfere with his taxes and with what is due to him.
9. That no man shall make a practice of unjustly carrying on the defence of another in court, whether from any cupidity, being not a very great pleader; or in order, by the cleverness of his defence, to impede a just judgment or, his case being a weak one, by a desire of oppressing. but each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading-for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. Or, if necessary, such a person may be granted for the defence as shall be approved by all, and well versed in that case. This, however, shall be done altogether according to the pleasure of those who preside, or of the "missi" who are present. And all this shall be done in every way according to law, so that justice shall be in no way impeded by any gift, payment, or by any wile of evil adulation, or out of regard for any relationship. And that no man shall make any unjust agreement with another, but that all shall be prepared, with all zeal and good will to carry out justice.
For all these things here mentioned should be observed as being comprised in the oath to the emperor.
10. That bishops and priests should live according to the canons and should teach others to do likewise.
11. That bishops, abbots and abbesses, who are placed in power over others, should strive to surpass in veneration and diligence those subject to them; that they should not oppress them with severe and tyrannous rule, but should carefully guard the flock committed to them, with simple love, with mercy and charity, and by the example of good works.
12. That abbots should live where the monks are, and wholly with the monks, according to the rule; and that they should diligently teach and observe the canons; and that abbesses shall do the same.
13. That bishops, abbots and abbesses, shall have bailiffs and sheriffs and judges skilled in the law, lovers of justice, peaceful and merciful: so that, through them, more profit and gain may accrue to the holy church of God. For on no account do we wish to have harmful or greedy provosts or bailiffs in a monastery; for, from them, the greatest blasphemies or evils may arise for us. But let them be such as the decree of the canons or of the rule bids them to be,-submissive to the will of God, and always ready to do justice in every way, wholly observing the law without malice or fraud, always exercising a just judgment in all things: such provosts, in short, as the holy rule recommends. And they shall altogether observe this, that they shall on no account(1) .... depart from the model of the canons or the rule, but shall practice humility in all things. If they presume to act otherwise they shall feel the discipline prescribed in the rule; and, if they be unwilling to amend their ways, they shall be removed from their prevostship, and others who are worthy shall be chosen in their stead.
14. That bishops, abbots and abbesses, and counts shall be mutually in accord, agreeing, with all charity and unity of peace, in wielding the law and in finding a right judgment; and that they shall faithfully live according to the will of God, so that everywhere and always, through them and among them, just judgments may be carried out. The poor, widows, orphans and pilgrims shall have consolation and protection from them; so that we, through their good will, may merit, rather than punishment, the rewards of eternal life.
15. We will, moreover, and decree, that abbots and all monks shall be subject in all obedience to their bishops, as the canonical institutions require. And all churches and chapels shall remain in the protection and power of the church. And no one shall presume to divide or cast lots for the property of the church. And what is once offered (for sale ?) shall go no further, but shall be sanctified and reclaimed. And if ally one presume to act counter to this, he shall pay and make good our royal fine. And the monks of that province shall be admonished by the bishop; and, if they do not amend their ways, then the archbishop shall call them before the synod; and, if they do not thus better themselves, then they, together with the bishop, shall come to our presence.
16. In the matter of choosing candidates for ordination, the emperor has confirmed this now to the bishops and abbots just as he formerly conceded it to them under the Frankish law. With this restriction, however, that a bishop or abbot shall not prefer the more worthless men in a monastery to the better ones; nor endeavour, on account of relationship, or through any flattery, to advance them over the better ones; nor bring such a one before us to be ordained, when he has a better man whom he conceals and oppresses. We absolutely will not allow this for it seems to be done out of derision and deceitfulness towards us. But let there be prepared for ordination in the monasteries men of such kind that, through them, gain and profit will accrue to us and to those who recommend them.
17. That the monks, moreover, shall live firmly and strictly according to the rule; since we know that whoever is lukewarm in carrying out His will, is displeasing to God. As John, in the Apocalypse, bears witness: "I would that thou wert cold or hot. So then, because thou art lukewarm, I will spue thee out of my mouth." They shall on no account take upon themselves secular occupations. They shall not be permitted to go outside of the monastery unless great necessity compels them; and the bishop in whose diocese they are shall take great care that they do not gain the habit of wandering round outside of the monastery. But if it be necessary for any one, as an act of obedience, to go outside, this shall be done by the advice and with the consent of the bishop; and such persons shall be sent out, provided with a certificate of character, who are not evil-minded, and about whom no evil opinion is held. As to the outlying estates or property of the monastery, the abbot by the advice and with the permission of the bishop, shall decree who shall look after them; not a monk, unless subject to another monastery. They shall in every way avoid earthly pursuit of gain, or a desire for worldly things. For avarice and concupiscence are to be avoided by all Christians in this world, but chiefly by those who have renounced the world and its desires. Let no one presume to start a quarrel or dissension either within or without the monastery. Whoever shall have presumed to do so, shall be punished by the most severe discipline of the rule, so that others shall have fear of doing likewise. Let them altogether avoid drunkenness and feasting; for it is known to all that chiefly through them one comes to be polluted by lust. For the very pernicious rumour has come to our ears that many, in the monasteries, have been taken in fornication in abomination and uncleanness. And most of all it saddens and disturbs us that it can be said without error that from those things whence the greatest hope of salvation for all Christians is believed to arise-namely, the manner of living and the chastity of the monks-the evil has arisen that some of the monks are found to be sodomites.
18. Monasteries for women shall be firmly ruled, and the nuns shall by no means be permitted to wander about, but shall be kept with all diligence. For shall they be permitted to quarrel or contend among themselves, or in any way to be disobedient and refractory towards their masters and abbesses. Where they live under the rule, they shall observe all things altogether according to the rule. They shall not be given to fornication, drunkenness, or cupidity; but in all ways they shall live justly and soberly. And let no man enter into their cloister or monastery, unless a priest, with testimonials, enter it for the sake of visiting the sick, or for the mass alone; and straightway thereafter he shall go out again. And let no one enroll his daughter among the congregation of the nuns without the knowledge and consideration of the bishop to whose diocese that place pertains; and let the latter himself diligently ascertain that she is desirous of remaining in the holy service of God, and there confirm the stability of her vow. Moreover, the handmaids of other men, and such women as are not willing to live according to the manner of life in the holy congregation, shall all be altogether ejected from the congregation.
19. That no bishops, abbots, priests, deacons-no one in short, belonging to the clergy-shall presume to have hunting dogs or hawks, falcons or sparrow-hawks; but each one shall keep himself wholly in his proper sphere, according to the canons, or according to the rule. Any one who presumes to do this (have hunting dogs, etc.) shall know that he loses his standing. Furthermore he shall suffer such punishment for this, that others shall fear to wrongfully do likewise.
20. That abbesses and their nuns shall, with one mind and diligently, keep themselves within their cloister-walls' and by no means presume to go outside of their cloisterwalls. But the abbesses, when they propose to send out any of the nuns, shall by no means do this without the permission and advice of their bishop. Likewise when any ordinations are to take place in the monasteries, or any persons to be received into the monasteries, this also they shall first fully talk over with their bishops. And the bishops shall announce to the archbishop what they consider the best and most advantageous course of proceeding; and with his advice they shall carry out what is to be done.
21. That priests and the other lesser clergy, whom they have to help them in their ministry, shall altogether show themselves subject to their bishops, as the canons demand. As they desire our favour and their own advancement, let them consent fully to be taught in sacred subjects by these their bishops.
22. The secular clergy, moreover, ought to lead a completely canonical life, and be educated in the episcopal palace, or also in a monastery, with all diligence according to the discipline of the canons. They shall by no means be permitted to wander at large, but shall live altogether apart, not given to disgraceful gain, not fornicators, not thieves, not homicides, not ropers, not quarrelsome, not wrathful, not proud, not drunken; but chaste in heart and body, humble, modest, sober, merciful, peaceful; that, as. sons of God they may be worthy to be promoted to sacred orders: not, like those who are called sarabaites, living in towns and villages near or adjoining the church, without master and without discipline, revelling and fornicating, and also doing other wicked deeds the consenting to which is unheard of.
23. Priests shall carefully pay heed to the clergy Shone they have with them, that they live according to the canons; that they be not given to vain sports or worldly feastings, or songs or luxuries, but that they live chastely and healthfully.
24. Moreover, any priest or deacon who after this shall presume to have women in his house without permission of the canons, shall be deprived at once of his position and of his inheritance until he shall be brought into our presence.
25. That counts and centenars shall see to it that justice is done in full; and they shall have younger men in their service in whom they can securely trust, who will faithfully observe law and justice, and by no means oppress the poor; who will not, under any pretext, induced by reward or flattery, dare to conceal thieves, robbers, or murderers, adulterers, magicians and wizards or witches, or any godless men,-but will rather give them up that they may be bettered and chastised by the law: so that, God permitting, all these evils may be removed from the Christian people.
26. That judges shall judge justly, according to the written law and not according to their own judgment.
27. We decree that throughout our whole realm no one shall dare to deny hospitality to the rich, or to the poor, or to pilgrims: that is, no one shall refuse shelter and fire and water to pilgrims going through the land in God's service, or to any one travelling for the love of God and the safety of his soul. If any one shall wish to do further kindness to them, he shall know that his best reward will be from God, who said Himself: " And who so shall receive one such little child in my name, receiveth me." And again: " I was a stranger and ye took me in."
28. Concerning embassies coming from the lord emperor.-That the counts and centenars, as they desire to obtain the emperor's favour, shall provide with all care for the envoys sent, so that they may go through their districts without delay. And he altogether recommends to all to arrange all that shall be required, in such manner that there shall nowhere be delay; but they shall speed them on their way with all haste, and shall provide for them as they, our envoys, may arrange.
29. That our judges, counts, or envoys shall not have a right to extort payment of the remitted fine, on their own behalf, from those destitute persons to whom the emperor has, in his mercy, forgiven what they ought to pay by reason of his balm.
30. As to those whom the emperor wishes by Christ's favour to have peace and defence in his kingdom-that is those who, whether Christians or pagans, hasten to his. presence desiring to announce something, or those who seek alms on account of indigence or hunger-let no none dare to constrain them to do him service, or take possession of them, or alienate or sell them: but where they remain of their own will, there they, under the protection of the emperor, shall have alms from his bounty. If any one shall presume to transgress this, he shall know that he shall atone for it with his life, for having so presumptuously despised the commands of the emperor.
31. And let no one presume to contrive injuries or in. suits against those who announce a judgment of the emperor, or to show hostility to them in any way. Whoever shall have presumed to do this shall pay the king's bann; or, if he deserve a greater punishment, it is ordered that he be brought into the king's presence.
32. With every kind of protestation we command that men leave off and shun murders, through which many of the Christian people perish. If God forbids hatred and enmity to his followers, much more does he forbid murders. For how can any one hope to be pleasing to God who has slain His son who is nearest to Him? Or how can any one believe that Christ will be gracious to him who has slain his brother. It is a great and inevitable risk to arouse the hatred of men besides incurring that of God the Father and of Christ the ruler of Heaven. By hiding, one can escape them for a time; but, nevertheless, one falls by some chance into the hands of his enemies. And where can one flee God to whom all secrets are manifest ? by what rashness can any one hope to evade His wrath? Therefore we have taken care to avoid, by every possible regulation, that the people committed to us to be ruled over perish by this evil. For he who has not feared that God will be angry with him, will by no means find us gentle and gracious; we wish rather to punish with the greatest severity him who dares to commit the crime of murder. Lest, then, crime increase, and in order that very great discord may not arise among men,-wherever under the devil's suasion, a murder has occurred, the guilty one shall straightway hasten to make his amends, and shall, with all celerity, compound worthily with the relatives of the dead man for the evil done. And this we firmly decree under fur bane, that the relatives of the dead man shall by no means dare to carry further their enmity on account or the evil inflicted, or refuse to make peace with him who seeks it; but, pledging their faith, they shall make a lasting peace, and the guilty man shall make no delay in paying the wergeld. When, moreover, through the influence of sin, this shall have happened, that any one shall have slain his brothers or his relative, he shall straightway submit himself to the penance imposed, according as his bishop decides, and without any circumvention. But by the help of God he shall strive to work out his atonement; and he shall pay the fine for the slain man according to the law, and shall fully be reconciled to his relatives. And, having pledged their faith, let no one thenceforth dare to start hostilities. And whoever shall scorn to make proper amends shall be deprived of his inheritance until we shall have rendered our judgment.
33. We altogether prohibit the crime of incest. If any one be contaminated by sinful adultery, he shall not be released without grave severity, but shall so be punished for this that others may have fear of doing the same: so that uncleanness may be altogether removed from the Christian people, and that the guilty man may fully atone by such penance as shall be imposed on him by his bishop. And that woman shall be placed in the hands of her relatives until we pass sentence. But if the man be unwilling to submit to the sentence of the bishop concerning what amends he shall make, then let him be brought before our presence, mindful of the example which was made in the case of the incest committed by Fricco in the temple.
34. That all shall be fully and well prepared whenever our order or announcement shall come. If any one then say that he be not prepared, and avoid our mandate, let him be brought to the palace; and not only he, but likewise all who presume to transgress our bann or command.
36. That all men shall at all times, in the service and will of God, venerate with all honour their bishops and priests. Inlet them not dare to pollute themselves and others by incestuous nuptials; let them not presume to be wedded until the bishops and priests, together with the elders of the people, shall diligently inquire into the degree of blood-relationship between those being joined together. And then, with a benediction, let them be wedded. Let them avoid drunkenness, shun greed, commit no theft. Let strife and contentions and blasphemy whether at feasts or assemblies, be altogether avoided but let them live in charity and concord
36. Also that, in carrying out every sentence, all shall be altogether of one mind with our envoys. And they shall not at all permit the practice of perjury, which most evil crime must be removed from Christian people. If any one henceforth shall be proved a perjurer. he shall know that he shall lose his right hand; and he shall, in addition be deprived of his inheritance until we have judged his case.
37. As to patricides or fratricides, or those who have slain their mother's or their father's brother, or any relation,-if they have been unwilling to obey and agree to the sentence of the bishops and other priests: for the safety of their souls and that they may pay a just penalty-. let our envoys and counts keep them in such custody until they are brought into our presence, that they may be safe and may not infect other people. And they shall, in the meantime, be deprived of their property.
38. And let the like be done to those who have been reprimanded and corrected for unlawful and incestuous unions, and who art not willing to obey their bishops and priests, and who presume to despise our bann.
39. Let no one in our forests dare to rob our game which we have already many times forbidden to be done And now again we firmly decree that no one shall do this any more. Each one shall keep guard on himself as he hopes to keep the fealty sworn to us. But if any count or centenar or lower official of ours, or any one of our serving-men, shall have stolen our game, he shall without fail be brought to our presence and called to account. Any other common man who may have stolen our game, shall compound for it to the full extent of the law; and by no means shall any allowance be made for such persons in this matter. If any one knows that this evil deed has been perpetrated by another, let him not, by the fealty which he has promised and must now promise to us, dare to conceal it.
40. Lastly, then, we wish our decrees to be known, through the envoys whom we now send, by everyone in our whole realm-by ecclesiastics, viz.: bishops, abbots, priests, deacons, canons, all monks and nuns;-so that they, each one in his office or calling, may keep our bean and decree either in cases where it shall be necessary to thank those subject to them for their good will, or to lend them aid, or in cases where there may be need of applying a remedy. Likewise we wish our decrees to be known by laymen and in all places-whether they concern the protection of churches or widows, or orphans or the weak; or the plundering of them, or the fixing of the assembling of the army, or any other matters: in order that they may be obedient to our command to our will, and that each one may strive in all things to keep himself in the sacred service of God. And thus may all these things be good and to the praise of omnipotent God, and may we give thanks where they are due; but when we think that any thing needs vengeance, may we strive with all our will and all our zeal to better it,-so that, with God's aid, we may succeed in bettering it, to the eternal gain of ourselves and all our followers. Likewise we wish that all the above decrees be made known to our counts and centenars and officials.
(1) The MS. is here defective. Back
Henderson's Note
The Capitulary of 802, is, in reality, nothing more nor less than the foundation charter of that longlived institution, the Holy Roman Empire. The latter, as will be remembered, began its existence on Christmas-day, 800, and ended it on August 6th, 1806. Already in Voltaire's time it had ceased to be " either holy, or Roman, or an empire," but its pretensions were kept up until all Germany fell asunder before the wars and the wiles of Napoleon.
This capitulary of Charlemagne is the programme, so to speak, of the young empire. It is the ideal-an ideal never once to be fulfilled-of what that empire should have been. At the head of all things stands the emperor, whose greatest duty it is to provide for the welfare of his subjects. Every male being in his realm who is over twelve years of age has to plight his troth to him. In his hands are justice, morality, and religion. His realm is to be a haven of rest where all discords are to cease and no one to infringe on the rights of another. In his care are all the churches of God, all widows, orphans, and strangers, "for the emperor himself, after God and His saints, has been constituted their protector and defender."
Quite new, in the present document, is the introduction of the "missi dominici"-regular envoys who were to radiate from the emperor as a centre, and bring peace and justice to all parts of the realm. They were to overlook all the different officials, and to listen to complaints against them. So excellent was the institution that one similar to it was adopted in England, where in the time of Henry II. the itinerant justices formed an important feature of the administration.
It is worth while to notice how completely, at this time, the clergy were under the rule of the emperor. The new empire was to be as much of a theocracy as the kingdom of that David whose name Charlemagne bore in the intimate circle of his learned friends. But too soon, alas, the elements of disruption were to make themselves felt. The clergy were to assert their allegiance to a King higher than any earthly monarch, whose commands, as issued and tampered with by His representative on earth, were to be at variance with all the best interests of the emperor. Nationality was to war with universalism, the accepted principles of heredity with the desire for the necessary unity; and with the death of the last Carolingian emperor the empire itself was irretrievably to be cleft and riven.
From: http://www.yale.edu/lawweb/avalon/medieval/capitula.htm
Monday, June 30, 2008
Law of the couple
Exempt from legal suit for each is what each may have used or have consumed as against the other, except what . lien, obligation or loan may have imposed, or what one of them may have mis-appropriated from the other. Exempt from legal suit is everything useful to the partnership, everything done in good faith; liable to legal claim is everything done in bad faith in the law of the couple.
Question. How many pairings are there in Irish law? Answer. Eight: a lord and his base clients, a church and its tenantry, a father and his daughter, a girl and her brother, a son and his mother, a foster-son and his foster-mother, a teacher and his pupil, a man and his wife.
Equally exempt from legal suit for each is whatever one of them may have given the other, whatever one of them may have used as against the other, without violent crime, without stealth. Everything taken without permission, that is complained about, is repaid by simple replacement of the object until the matter goes as far as the legal remedy of fasting,1 except in the case of the church. Repayment, by simple replacement, of what is taken without permission and complained about is all that is required until there is evasion of the legal obligations that arise from fasting, or legal default. Anything taken by stealth, by violent crime, anything taken without permission, that is complained about and ignored, is levied with its penalty fine.
Question: how many couples of cohabitation and procreation are there in Irish law? Answer: ten-(1) union of common contribution; (2) union of a woman on a man's contribution; (3) union of a man on a woman's contribution with service; (4) union of a woman who accepts a man's solicitation; (5) union of a man who visits the woman, without work, without solicitation, without provision, without material contribution; (6) union by abduction; (7) union of wandering mercenaries; (8) union by criminal seduction; (9) union by rape; (10) union of mockery.
(1) Union of common contribution: if it is a union with land and stock and household equipment, and if their marital relationship is one of equal status and equal propriety-and such a woman is called a woman of joint dominion-no contract of either is valid without the consent of the other, except for contracts that benefit their establishment. These are: an agreement for common ploughing with proper kinsmen when they do not themselves have a full ploughing team; paying for the leasing of land; getting together food for a coshering;2 getting food for feast-days; paying stud fees; fitting out the household; making an agreement for joint husbandry; the purchase of any essentials that they lack. Every contract shall be without neglect, an advantageous contract, conscientious, in accordance with right and propriety, with acknowledgement on both sides that the ownership of what is acquired belongs to the person whose property was alienated to acquire it.
Anything, the lack of which brings loss on the household, cannot be sold without common counsel, consultation, and mutual concession. For the impairment of the joint economy in a union of common contribution is not proper without mutual concession.
Putting children in a well-befriended and good fosterage is a contract in accord with all propriety that brings well-being into the community of their common household.
Every contract shall be without cheating. Either of them may dissolve the bad contracts of the other. The one does not dissolve the good contracts of the other in the case of those matters that have been listed, if the joint husbandry is without mutual friction, without mutual inculpation, in good partnership, in good faith.
If they divorce, each divorce shall be without mutual defrauding. If they divorce by mutual consent, let them divide their property in accordance with legal propriety.
A third of all proceeds belongs to the owner of the land, except for handiwork;3 a third of the cattle dropped during the union belongs to the owner of the stock from which they are sprung; a third to whoever did the labour. Division is made in proportion to the entitlement of each in regard to land, stock and labour. If the conduct of each is equally good or equally bad, this is the way they divide their thirds.
The third assigned to labour of the proceeds of the cattle is further divided into thirds: a third to the master of the house, a third to the mistress of the house, a third to the workers, that is, the herders.4 .
Likewise dairy produce: it is divided in three between land 12/36, stock 12/36 and labour 12/36. The labour third: half goes to the woman who does the work 6/36; a twelfth goes to dairy vessels 3/36;5 two-thirds of the remaining half go to the master of the house 2/36, a third to the dairy workers 1/36.6
If one of them is ill-behaved, the labour portion of the ill-behaved falls to the well-behaved, but the portions due to land and stock are not diminished
The labour third of the fodder corn and salt meat:7 let it be divided in three i.e. a third 1/9 to the wife who is responsible for ploughing and reaping8 and for looking after the pig-sties, for feeding and for fattening the pigs, unless they are fattened on milk. In that case, the wife gets two-thirds 2/9. For only spring-work in regard to ploughing and looking after the sties, the wife is entitled to two-thirds of a third 2/27.
The wife takes a half of clothing and of woven fabric, a third of fibre combed and ready for spinning; a sixth of fleeces and sheaves of flax; a third of woad in steeping vats, half if it is caked.
Anything that either of them may consume that belongs to the other is exempt from liability if it is by mutual consent. Whence is said: Without penalty is anything mutually discussed, mutually conceded.
Every defrauding is paid off by replacement in kind unless the person entitled waives claim, or else compensation is paid on the day of parting.
Anything taken by stealth, or despite mild or forceful protest, or by violent seizure, is repaid with its interest and with double its replacement if dry goods; if it is livestock, it is repaid with milk and young,9 with double replacement, and with interest.
Exempt from liability is every loan, every lease, every sale, every purchase, without mutual defrauding by either, made with the private property of each up to the amount of the honour-price of each, in accordance with the contracting rights of each.
Hospitality and refection is a duty of each of them according to rank. [...] Each of them gives hospitality to his/her own lord, to his/her own church and friends and relations.
Union on man's contribution: (2) Union of a woman on a man's contribution: the man's contract is a valid contract without the wife's consent, except for the sale of clothing and food; and the sale of cattle and sheep, if she is a duly contracted wife who is not a cétmuinter.10
If she is a woman who is a proper cétmuinter, equally good and equally well-bred — for everyone of equal goodness is of equal birth — she impugns all his contracts if they are foolish — for immunity from suit does not attach to defrauding and to what is forcefully protested against — and her sureties annul them.11
If he gives bridewealth to acquire another woman, even from his own private property, that bridewealth is forfeit to his cétmuinter if she carries out her marital obligations. Every secondary wife12 who comes 'over the head' of a cétmuinter is liable to penalty: she pays the honour-price of the cétmuinter.
The wife gives hospitality to half as many people as her husband, in accordance with the social status of her husband.
[...]Everybody is fed and hospitality is not refused up to the legal number of his/her retinue. Refusal of hospitality in the case of a guest accompanied by a excessive retinue does not damage one's honour for, though one refuse, this is not deemed refusal of hospitality if the retinue is excessive.
If they divorce and the divorce is by mutual consent and their behaviour is equally good at the time of parting, what the one may have freely consumed as against the other is without penalty at the time of parting if it is done without bad faith and with consent, so that they may not defraud each other. Every replacement in kind shall be as that consumed, with milk and young and dung and with interest. Everything taken by stealth, by force, by secret removal, without consent, without recompense, without asking pardon, is levied with its penalty fine.
The wife receives half the handiwork, as we said in the first type of union we discussed; a sixth of the dairy produce with the same proportions as previously between land and cows and vessels and servants. She receives ~a ninth of the cattle dropped during the union, a ninth of the corn, and a ninth of the salt meat, if she is a great worker.
She receives a sack of corn for every month that remains until the year end i.e. until the first of May next, following the time they part.13
Union of an heiress: (3) Union of a man on a woman's contribution: in that case, the husband goes in the track of the wife and wife in the track of the husband. If he is a man of service he receives a ninth of the corn; and of the salt meat, if he is a 'head of counsel' who controls the people of the household with advice of equal standing. The sixth of milk produce is divided in two: one half (1/12) goes to the vessels; of the other half, the husband receives two-thirds (1/18). He receives a ninth of the handicraft when they divorce. If they divorce by mutual consent, they part in this way.
If either of them is badly behaved, the labour third of the badly-behaved partner is forfeit to the well-behaved one. In the case of a cétmuinter, everything is forfeit to the party that carries out his/her marital duties, apart from what the other is entitled to in respect of land and breeding stock.14 But they part as they came together: what survives of what each brought in to the other, that is what each brings away on parting, or its replacement out of the profits if it no longer survives.
But he is a husband who is paid honour-price in accordance with his wife's status if she holds all the property, unless he has higher property qualifications in his own right than his wife or is more godly, more high-born or more estimable than she.
Other Unions: (5) Union of a man who visits the woman, without provision without work: a fifth of the handiwork is the portion of the man (i.e. of the partner) when they part if the handiwork is hers to dispose of-for a fifth is the proportion of the compensation due to him for her being dishonoured;15 if an offence is committed against her, that is the compensation he is paid for it.
(4) Union on accepting the inducement of the man: in that case the man receives a quarter of her handiwork. If it is a union with stock on land, let them divide by the proportions of land, labour and breeding stock, in accordance with what each owns.
(6/8) Union by abduction and union in secret: they have no stock or dry goods to divide on parting, only offspring. If a woman abducted from her family grants property to her partner who has abducted her, that grant is invalid from the point of view of her family and it is thus repaid: it is paid off with half penalty-fine if what was given belonged to the woman; if a third party owns a share in it, it is paid off with full penalty-fine. The same holds good for union by criminal seduction in secret.
(9) Union by rape or by stealth: they the partners possess nothing but offspring. Full éraic is paid for a virgin, for a young nun who does not reject her veil,16 and for a cétmuinter; half éraic for secondary wives— all this is without the cooperation of the woman— together with the full honour price of the man of highest rank who has authority over her of those to whom she specially belongs.
(10) Union of mockery: union of a lunatic or madman with a deranged woman or madwoman. Neither of them is bound to take or to make payments. The person who brings them together for fun and the responsible person in whose presence this takes place, theirs is the offspring, if offspring there be; its rearing, compensation for its offences, and its suretyship falls on both of them. The éraic and the legacy of such persons is divided between the king, the church and the family.
From:http://www.ucc.ie/celt/published/T102030/index.html
Question. How many pairings are there in Irish law? Answer. Eight: a lord and his base clients, a church and its tenantry, a father and his daughter, a girl and her brother, a son and his mother, a foster-son and his foster-mother, a teacher and his pupil, a man and his wife.
Equally exempt from legal suit for each is whatever one of them may have given the other, whatever one of them may have used as against the other, without violent crime, without stealth. Everything taken without permission, that is complained about, is repaid by simple replacement of the object until the matter goes as far as the legal remedy of fasting,1 except in the case of the church. Repayment, by simple replacement, of what is taken without permission and complained about is all that is required until there is evasion of the legal obligations that arise from fasting, or legal default. Anything taken by stealth, by violent crime, anything taken without permission, that is complained about and ignored, is levied with its penalty fine.
Question: how many couples of cohabitation and procreation are there in Irish law? Answer: ten-(1) union of common contribution; (2) union of a woman on a man's contribution; (3) union of a man on a woman's contribution with service; (4) union of a woman who accepts a man's solicitation; (5) union of a man who visits the woman, without work, without solicitation, without provision, without material contribution; (6) union by abduction; (7) union of wandering mercenaries; (8) union by criminal seduction; (9) union by rape; (10) union of mockery.
(1) Union of common contribution: if it is a union with land and stock and household equipment, and if their marital relationship is one of equal status and equal propriety-and such a woman is called a woman of joint dominion-no contract of either is valid without the consent of the other, except for contracts that benefit their establishment. These are: an agreement for common ploughing with proper kinsmen when they do not themselves have a full ploughing team; paying for the leasing of land; getting together food for a coshering;2 getting food for feast-days; paying stud fees; fitting out the household; making an agreement for joint husbandry; the purchase of any essentials that they lack. Every contract shall be without neglect, an advantageous contract, conscientious, in accordance with right and propriety, with acknowledgement on both sides that the ownership of what is acquired belongs to the person whose property was alienated to acquire it.
Anything, the lack of which brings loss on the household, cannot be sold without common counsel, consultation, and mutual concession. For the impairment of the joint economy in a union of common contribution is not proper without mutual concession.
Putting children in a well-befriended and good fosterage is a contract in accord with all propriety that brings well-being into the community of their common household.
Every contract shall be without cheating. Either of them may dissolve the bad contracts of the other. The one does not dissolve the good contracts of the other in the case of those matters that have been listed, if the joint husbandry is without mutual friction, without mutual inculpation, in good partnership, in good faith.
If they divorce, each divorce shall be without mutual defrauding. If they divorce by mutual consent, let them divide their property in accordance with legal propriety.
A third of all proceeds belongs to the owner of the land, except for handiwork;3 a third of the cattle dropped during the union belongs to the owner of the stock from which they are sprung; a third to whoever did the labour. Division is made in proportion to the entitlement of each in regard to land, stock and labour. If the conduct of each is equally good or equally bad, this is the way they divide their thirds.
The third assigned to labour of the proceeds of the cattle is further divided into thirds: a third to the master of the house, a third to the mistress of the house, a third to the workers, that is, the herders.4 .
Likewise dairy produce: it is divided in three between land 12/36, stock 12/36 and labour 12/36. The labour third: half goes to the woman who does the work 6/36; a twelfth goes to dairy vessels 3/36;5 two-thirds of the remaining half go to the master of the house 2/36, a third to the dairy workers 1/36.6
If one of them is ill-behaved, the labour portion of the ill-behaved falls to the well-behaved, but the portions due to land and stock are not diminished
The labour third of the fodder corn and salt meat:7 let it be divided in three i.e. a third 1/9 to the wife who is responsible for ploughing and reaping8 and for looking after the pig-sties, for feeding and for fattening the pigs, unless they are fattened on milk. In that case, the wife gets two-thirds 2/9. For only spring-work in regard to ploughing and looking after the sties, the wife is entitled to two-thirds of a third 2/27.
The wife takes a half of clothing and of woven fabric, a third of fibre combed and ready for spinning; a sixth of fleeces and sheaves of flax; a third of woad in steeping vats, half if it is caked.
Anything that either of them may consume that belongs to the other is exempt from liability if it is by mutual consent. Whence is said: Without penalty is anything mutually discussed, mutually conceded.
Every defrauding is paid off by replacement in kind unless the person entitled waives claim, or else compensation is paid on the day of parting.
Anything taken by stealth, or despite mild or forceful protest, or by violent seizure, is repaid with its interest and with double its replacement if dry goods; if it is livestock, it is repaid with milk and young,9 with double replacement, and with interest.
Exempt from liability is every loan, every lease, every sale, every purchase, without mutual defrauding by either, made with the private property of each up to the amount of the honour-price of each, in accordance with the contracting rights of each.
Hospitality and refection is a duty of each of them according to rank. [...] Each of them gives hospitality to his/her own lord, to his/her own church and friends and relations.
Union on man's contribution: (2) Union of a woman on a man's contribution: the man's contract is a valid contract without the wife's consent, except for the sale of clothing and food; and the sale of cattle and sheep, if she is a duly contracted wife who is not a cétmuinter.10
If she is a woman who is a proper cétmuinter, equally good and equally well-bred — for everyone of equal goodness is of equal birth — she impugns all his contracts if they are foolish — for immunity from suit does not attach to defrauding and to what is forcefully protested against — and her sureties annul them.11
If he gives bridewealth to acquire another woman, even from his own private property, that bridewealth is forfeit to his cétmuinter if she carries out her marital obligations. Every secondary wife12 who comes 'over the head' of a cétmuinter is liable to penalty: she pays the honour-price of the cétmuinter.
The wife gives hospitality to half as many people as her husband, in accordance with the social status of her husband.
[...]Everybody is fed and hospitality is not refused up to the legal number of his/her retinue. Refusal of hospitality in the case of a guest accompanied by a excessive retinue does not damage one's honour for, though one refuse, this is not deemed refusal of hospitality if the retinue is excessive.
If they divorce and the divorce is by mutual consent and their behaviour is equally good at the time of parting, what the one may have freely consumed as against the other is without penalty at the time of parting if it is done without bad faith and with consent, so that they may not defraud each other. Every replacement in kind shall be as that consumed, with milk and young and dung and with interest. Everything taken by stealth, by force, by secret removal, without consent, without recompense, without asking pardon, is levied with its penalty fine.
The wife receives half the handiwork, as we said in the first type of union we discussed; a sixth of the dairy produce with the same proportions as previously between land and cows and vessels and servants. She receives ~a ninth of the cattle dropped during the union, a ninth of the corn, and a ninth of the salt meat, if she is a great worker.
She receives a sack of corn for every month that remains until the year end i.e. until the first of May next, following the time they part.13
Union of an heiress: (3) Union of a man on a woman's contribution: in that case, the husband goes in the track of the wife and wife in the track of the husband. If he is a man of service he receives a ninth of the corn; and of the salt meat, if he is a 'head of counsel' who controls the people of the household with advice of equal standing. The sixth of milk produce is divided in two: one half (1/12) goes to the vessels; of the other half, the husband receives two-thirds (1/18). He receives a ninth of the handicraft when they divorce. If they divorce by mutual consent, they part in this way.
If either of them is badly behaved, the labour third of the badly-behaved partner is forfeit to the well-behaved one. In the case of a cétmuinter, everything is forfeit to the party that carries out his/her marital duties, apart from what the other is entitled to in respect of land and breeding stock.14 But they part as they came together: what survives of what each brought in to the other, that is what each brings away on parting, or its replacement out of the profits if it no longer survives.
But he is a husband who is paid honour-price in accordance with his wife's status if she holds all the property, unless he has higher property qualifications in his own right than his wife or is more godly, more high-born or more estimable than she.
Other Unions: (5) Union of a man who visits the woman, without provision without work: a fifth of the handiwork is the portion of the man (i.e. of the partner) when they part if the handiwork is hers to dispose of-for a fifth is the proportion of the compensation due to him for her being dishonoured;15 if an offence is committed against her, that is the compensation he is paid for it.
(4) Union on accepting the inducement of the man: in that case the man receives a quarter of her handiwork. If it is a union with stock on land, let them divide by the proportions of land, labour and breeding stock, in accordance with what each owns.
(6/8) Union by abduction and union in secret: they have no stock or dry goods to divide on parting, only offspring. If a woman abducted from her family grants property to her partner who has abducted her, that grant is invalid from the point of view of her family and it is thus repaid: it is paid off with half penalty-fine if what was given belonged to the woman; if a third party owns a share in it, it is paid off with full penalty-fine. The same holds good for union by criminal seduction in secret.
(9) Union by rape or by stealth: they the partners possess nothing but offspring. Full éraic is paid for a virgin, for a young nun who does not reject her veil,16 and for a cétmuinter; half éraic for secondary wives— all this is without the cooperation of the woman— together with the full honour price of the man of highest rank who has authority over her of those to whom she specially belongs.
(10) Union of mockery: union of a lunatic or madman with a deranged woman or madwoman. Neither of them is bound to take or to make payments. The person who brings them together for fun and the responsible person in whose presence this takes place, theirs is the offspring, if offspring there be; its rearing, compensation for its offences, and its suretyship falls on both of them. The éraic and the legacy of such persons is divided between the king, the church and the family.
From:http://www.ucc.ie/celt/published/T102030/index.html
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