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
“Gif fæderenmǽga mǽgleás mon gefeohte and mon ofsleá, and ðonne gif he
médrenmǽgas hæbbe, gylden ðá ðæs weres þriddan dǽl, þriddan dǽl ða
gegyldan, for þriddan dǽl he fleó. Gif he médrenmǽgas náge, gylden ða
gegyldan healfne, for healfne he fleó. Gif mon swá gerádne mon ofsleá,
gif he mǽgas náge, gylde mon healfne cyninge, healfne ðám gegyldan.”
Ælfr. § 27, 28. Thorpe, i. 78, 80.
Footnote 486:
Ælfr. § 41. Thorpe, i. 88.
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The reciprocal rights and duties of the mǽgburh were similarly
understood by Eádweard: he enacted that if a malefactor were deserted by
his relatives, and they refused to make compensation for him, he should
be reduced to serfage; but in this case his wergyld was to abate from
the kindred[487]. And Æðelstan distinctly holds the mǽgð responsible for
their kinsman. He says, “If a thief be put into prison, let him remain
there forty days, and then let him be ransomed for 120 shillings, and
let the kindred go surety for him that he shall cease from theft for the
future. And if after that he steal, let them pay for him with his
wergyld, or replace him in prison[488].” But he goes further than this,
and imposes upon them the duty of finding a lord for him, or exposing
him to the penalty of outlawry: “And we have ordained respecting those
lordless men of whom no law can be got, that the kindred be commanded to
domicile him to folkright, and find him a lord in the folkmote; and if
then they will not or cannot produce him at the term, let him
thenceforth be an outlaw, and let whoso cometh at him slay him[489]:” a
provision which obviously cannot apply to free landowners, who would
have been included in a tithing, and could not have been thus
compulsorily commended to a lord. Where a man is slain as a thief, the
relatives are to clear him, if they can[490], inasmuch as they would
have a right to pursue the slayer and claim the compensation for their
kinsman’s death. Again it is provided that if a lord has so many
dependents that he cannot personally exercise a due supervision over
them, he shall appoint efficient reeves or bailiffs in his several
manors, to be answerable to him. And if need be, the bailiff shall cause
twelve relatives of any man whom he cannot trust, to enter into sureties
for him[491].
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Footnote 487:
Eadw. ii. § 9. Æðelst. v. cap. 12, § 2. Thorpe, i. 164, 242.
Footnote 488:
Æðelst. i. § 1, 6; v. cap. 1, § 4, cap. 9. Thorpe, i. 198, 202, 228,
238.
Footnote 489:
Æðelst. i. § 2. Thorpe, i. 200. Upon the just principle that “He may
die without law who refuseth to live by law.” “Utlagatus et weyviata
capita gerunt lupina [wolves’ heads] quae ab omnibus impune poterunt
amputari: merito enim sine lege perire debent, qui secundum legem
vivere recusant.” Flet. lib. i. cap. 27, § 12, etc.
Footnote 490:
Æðelst. i. § 11. Thorpe, i. 204.
Footnote 491:
Public-domain text, read in full here on John Shaqi.
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