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
Ordene est que l’usages de Scots et de Brets desorendroit soit
defendu si que mes ne soient usez.
Here we have the usages of the Brets and Scots distinctly recognised as
still lingering on so late as the beginning of the fourteenth century in
some parts of Scotland.
[Sidenote: Laws of King David.]
In the laws of King David[196] there are distinct traces of ancient
custom as regards wergelds and the connection of the kindred with their
payment and receipt. In section XIV. it is enacted:[197]--
If in any place within the peace of the King any one shall
attempt to strike another, he shall pay to the King 4 cows and to
the other 1 cow. If he shall really strike, but without drawing
blood, 6 cows to the King and 2 cows to the other. If blood be
drawn, 9 cows to the King and 3 to the person struck. If he slay
the other, he shall give to the King ‘_XXIX ky and a colpindach_’
(juvenca).[198] And he shall assyth to the kin of him slain after
the assyse of the land.
Clause XV. deals with violence done in the king’s court:--
If any one draws a knife to another in the King’s Court it shall
be stricken through the middle of his hand. If he draws blood,
the hand shall be cut off. And if he slay any man, he shall give
to the King _XX ky and a colpindach_ [ixˣˣ, Ayr MS.] and he shall
make peace with the kin of him slain and with the King ‘after the
assyse of the kynrik.’
In both these clauses the wergeld to the kin is additional to the payment
to the king (of 180 cows?) for breach of his peace.
Clause XVI. forbids the letting off of a thief for money or friendship.
An earl or any one having the freedom and custom of an earl who does this
is to pay to the king 100 cows, and other great men not of earl’s rank 34
cows. The thief is to be ‘outlawed through all the king’s land.’
It is clear, then, that in the time of King David the system of wergelds
payable to the kindred of the person slain was generally in force, though
no amount is mentioned, and that payments were made at this date mostly
in cows.
[Sidenote: Assize of King William.]
In the ‘Assize of King William’ under date A.D. 1180 is the following
mention of the _wergeld_ to be paid evidently for a thief who has been
allowed to escape as above.
XIV. _Of the law which is called weregylt._
Of every thief through all Scotland whether that he be bondman or
freeman the wergeld is XXXIV ky and a half.
The following clause is further evidence of the continued right of
vengeance on the part of the kin of a person slain.
XV. _Of a man slain in the King’s vengeance._
Public-domain text, read in full here on John Shaqi.
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