Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
Leysing before freedom’s
ale 4 ores
Leysing 6 ores Leysing after freedom’s
ale 6 ores
Leysing’s son 8 ” Leysing’s son 8 ores or 1 mark
Bónde 12 ” Reks-thane[175] 12 ores
Árborinn man[176] 16 ores or 2 marks
Hauldman[177] 24 ” Hauldman 24 ores or 3 ”
Lendman and Stallare 48 ”
The chief difference is that the Frostathing law divides the leysings
into two classes, a significant point on which important considerations
turn.
The things for which full rett was paid may be described as insults. If a
man were knocked down, even if he fell on his knees, or if his moustache
were ‘seized with hostile hand’ (195), or if a man were called ‘a mare or
bitch,’ these were insults for which full rett was to be paid (196).
The payments for inflicting serious wounds (sár) were regulated in the
same gradations according to rank as the rett, but were threefold in
amount. These payments were made in ‘baugs’ or rings, each of twelve ores
of silver.
_Gulathing Law_ (185) _Frostathing Law_ (IV. 53)
Leysing 1 ring
Leysing’s son 2 rings Leysing 2 rings
Bónde 3 ” Reks-thane 3 ”
Ár-borinn man 4 ”
Odal-born man[178] 6 ” Hauld 6 ”
Lend-man and Stallare 12 ” Lend-man 12 ”
Jarl 24 ” Jarl 24 ”
King 48 ” King 48 ”
These were the penalties paid by the person inflicting the wound--_i.e._
_three times his own rett_--and besides this he had to pay _sár-bót_
according to the extent and character of the wound, as in other laws. He
also had to pay the healing fee (185) of the injured person.
[Sidenote: The hauld or odal-man the typical tribesman.]
Passing from insults and wounds to homicide, throughout the Gulathing
law the hauld, or odal-born man, is taken as the typical tribesman. His
wergeld is described, and then the wergelds of other classes are said to
vary according to the rett.
But before we consider the wergelds it must be remarked that here, as
elsewhere, there is no wergeld for a murder within the family.
In clause 164 under the heading of ‘A madman’s manslaying’ is the
following:[179]
Nu hever maðr óðz mannz víg vigit, vigr sunr faður, æða faðer
sun, æða bróðer bróðor, æða systkin eitthvert, æða vigr barn
móðor sína, æða móðer barn sitt, þá firi-vigr hann arve þeim
er hann átti at taca. Scal sá þann arf taca er nestr er þá, oc
helldr scal konongr hava en hann. En hann være í lande, oc gange
til skrifta, oc have sitt allt.
Public-domain text, read in full here on John Shaqi.
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