The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
dead man might claim the third; but if there were no relatives, the king
claimed half, the count half[479]. Besides a provision for a surviving
child, similar to that of Hloðhere[480], the law of Ini contains no
further regulation with regard to the mǽgas of the freeman. Four several
chapters referring to serfs who are guilty of theft, rest upon the
principle that his kin have renounced the mǽgburh by suffering him to
remain in serfage, and together with the obligations of kinsman have
relinquished their own right of avenging his injuries or making pursuit
for his wrongs[481].
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Footnote 474:
“And if any one charge a person in holy orders with feud (fǽhðe) and
say that he was a perpetrator or adviser of homicide, let him clear
himself with his kinsmen, who must bear the feud with him, or make
compensation for it. And if he have no kin, let him clear himself with
his associates or fast for the ordeal by bread, and so fare as God may
ordain.” Æðelr. ix. § 23, 24. Thorpe, i. 344. Cnut, i. § 5. Thorpe, i.
362. The associates or _geferan_ here are probably his fellows in
orders. But a monk being released from all family relations could not
be implicated in the responsibilities of the mǽgburh (ibid. § 25);
“for he forsakes his law of kin (mǽgðlage) when he submits to monastic
law.” Cnut, i. § 5. Thorpe, i. 362.
Footnote 475:
“Gif bana of lande gewíteð, ða mǽgas healfne leód forgylden.” Æðelb. §
23. Thorpe, i. 8.
Footnote 476:
“Gif heó bearn ne gebyreð, fæderingmǽgas feoh ágen and morgengyfe.”
Æðelb. § 81. Thorpe, i. 24.
Footnote 477:
“Gif ceorl ácwyle be libbendum wífe and bearne, riht is ðæt hit, ðæt
bearn, médder folgige; and him man an his fæderingmǽgum wilsumne
berigean geselle, his feoh tó healdenne oððǽt he tynwintre síe.”
Hloðh. § 6. Thorpe, i. 30.
Footnote 478:
“Gif feorcund man oððe fremde bútan wege geond wudu gonge, and ne
hrýme né horn bláwe, for þæóf he bið tó prófianne, oððe tó sleánne
oððe tó álýsanne. Gif mon ðæs ofslægenan weres bidde, he mót gecýðan
ðæt he hine for þeóf ofslóge, nalles ðæs ofslægenan gegildan né his
hláford. Gif he hit ðonne dyrneð, and weorðeð ymb lang yppe, ðonne
rýmeð he ðám deádan tó ðám áðe, ðæt hine móton his mǽgas unscyldigne
gedón.” Ini, § 20, 21. The collocation of gegyldan and mǽgas in this
law seems to show clearly that Ini looked upon them as the same thing:
hence that in the original institution the gyld and the family were
identical, though afterwards, for convenience' sake, the number and
nature of the gyld were otherwise regulated, when the kinsmen had
become more dispersed.
Footnote 479:
“Gif mon ælþeódigne ofslea, se cyning áh twǽdne dǽl weres, þriddan
dǽll sunu oððe mǽgas. Gif he ðonne mǽgleás síe, healf cyninge, healf
se gesíð.” Ini, § 23.
Footnote 480:
Ini, § 38.
Footnote 481:
Ini, § 24, 28, 35, 74. Thorpe, i. 118, 120, 124, 148.
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