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
The duties of the mǽgsceaft or kinship are developed with considerable
detail in the law of Ælfred: the most general regulation is that which
acknowledges the right of a man to have the aid of his kindred in all
those excepted cases where the custom and the law still permitted the
waging of fǽhðe or private war: “After the same fashion, may a man fight
on behalf of his born kinsman, if any wrongfully attack him; except
indeed against his lord: that we permit not[482].” Other clauses provide
that where a wrongdoer is taken into custody, and agrees peaceably to
abide the decision of the law, his relatives shall have due notice[483]:
“If he pledge himself to a lawful act, and belie himself therein, let
him humbly surrender his arms and his goods to his friends, to hold for
him, and let him remain for forty days in prison in a king’s tún; let
him there suffer as the bishop may direct him; and let his kinsmen feed
him, if he have himself no food; but if he have no kinsmen, or no food,
let the king’s reeve feed him.” Again if a man is accidentally slain
while hewing wood with others, his kinsmen are to have the tree, and
remove it from the land within thirty days, otherwise it shall go to the
owner of the wood[484]. The most important case of all, however, is that
of a divided responsibility between the kinsmen and the gegyldan, which
Ælfred thus regulates: “If one that hath no paternal kindred fight and
slay a man, if then he have maternal relatives, let them pay a third
part of the _wer_, his gyldbrethren a third part, and for a third part
let him flee. If he have no maternal relatives, let his gyldbrethren pay
half, and for half let him flee. And if any one slay such a man, having
no relatives, let half be paid to the king, half to the
gyldbrethren[485].” It was also the principle of Ælfred’s law,
recognized but not introduced by him, that no man should have the power
of alienating from his mǽgsceaft, booklands whose first acquirer had
entailed them upon the family,—a principle which tends, as far as human
means seem capable of ensuring it, to ensure its permanent
maintenance[486].
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Footnote 482:
“Æfter ðǽre ylcan wísan mót mon feohtan mid his geborenum mǽge, gif
hine mon on woh onfeohtað; búton wíð his hláford, ðæt we ne lýfað.”
Ælf. § 42. Thorpe, i. 90.
Footnote 483:
“Gif he ðonne ðæs weddie ðe him riht sý tó gelǽstanne and ðæt áleóge,
selle mid eádmédum his wæpn und his ǽhta his freóndum tó gehealdanne,
and beó feowertig nihta on carcerne on cyninges túne; þrowige ðǽr swá
biscop him scrífe, and his mǽgas hine féden gif he self mete næbbe;
gif he mǽgas næbbe, oððe ðone mete næbbe, féde cyninges geréfa hine.”
Ælf. § 1. Thorpe, i. 60. There is a similar provision in Ælf. § 5.
Thorpe, i. 64. Ælf. § 42. Thorpe, i. 90.
Footnote 484:
Ælf. § 13. Thorpe, i. 70.
Footnote 485:
Public-domain text, read in full here on John Shaqi.
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