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 law of Eádweard the elder (about A.D. 900 to 915), regulates the
mode of proceeding when both parties are willing to forego the feud,
upon the established principles of compensation. He says[509]: “The
wergyld of a twelfhynde man is twelve hundred shillings. The wergyld of
a twýhynde man is two hundred shillings. If any one be slain, let him be
paid for according to his birth. And it is the law, that, after the
slayer has given pledge for the wergyld, he should find in addition a
_werborh_, according to the circumstances of the case; that is, for the
wergyld of a twelfhynde man, the werborh must consist of twelve men,
eight by the father’s, four by the mother’s side. When that is done, let
the king’s protection be set up; that is, all, of either kindred, laying
their hands together upon one weapon, shall pledge themselves to the
mediator, that the king’s protection shall stand. In twenty-one days
from that day let one hundred and twenty shillings be paid as
_healsfang_, at a twelfhynde man’s wergyld. The healsfang belongs to the
children, brothers and paternal uncles: that money belongs to no kinsman
except such as are within the degrees of blood. Twenty-one days after
the healsfang is paid, let the _manbót_ be paid; twenty-one days later,
the _fight-fine_; in twenty-one days from this, the _frumgyld_ or first
instalment of the wergyld; and so forth until the whole sum be
discharged at such fixed time as the Witan have agreed. After this they
may depart with love, if they desire to have full friendship. And with
respect to the wergyld of a ceorl, all that belongs in his condition
shall be done in like manner as we have said respecting the twelfhynde
man.”
-----
Footnote 509:
Eád. and Guð. § 13. Thorpe, i. 174.
-----
The law of Eádmund contains similar provisions[510]. “The Witan shall
appease feud. First, according to folkright, the slayer shall give
pledge to his advocate, and the advocate to the kindred of the slain,
that the slayer will make compensation to the kin. Then it is necessary
that security be given to the slayer’s advocate, that the slayer may
draw nigh in peace, and himself give pledge for the wergyld. When he has
given his wed for this, let him further find a werborh, or security for
the payment of the wer. When that is done let the king’s protection be
set up: within twenty-one days from that, let the healsfang be paid;
within other twenty-one days, the manbót; and twenty-one days from that,
the first instalment of the wergyld.”
-----
Footnote 510:
Eádm. Sec. Leg. § 7. Thorpe, i. 250.
-----
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account