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The Saxons in England, Volume 1 (of 2)

Note 81 — Chapter II · THE MARK.

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If a stranger come through the wood, he shall blow his horn and shout: this will be evidence that his intentions are just and peaceful. But if he attempt to slink through in secret, he may be slain, and shall lie unavenged. Leg. Ini. § 20, 21. Thorpe, i. 114, 116. If the deathblow under such circumstances be publicly avouched, his kindred or lord shall not even be allowed to prove that he was not a thief: otherwise, if the manslaughter be concealed. This raises a presumption in law against the slayer, and the dead man’s kindred shall be admitted to their oath that he was guiltless.

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