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
If any one for theft or rapin dies by law of iron or water, and
of him right be done, or if he were slain with theft found with
him and afterwards if his kin in vengeance of him slew him that
brought him to the law, the King shall have as fully right of
such men slayers for the death of him, as of his peace fully
broken, without concord or relaxation; unless it be through the
counsel or the assent of his kin.
And if it happen by chance that the King grant peace to the
adverse party unknown to the kin of him that was slain,
nevertheless the kin of him shall take vengeance of them that
slew their kin.
[Sidenote: Laws of Alexander II.]
Among the Statutes of Alexander II. under date A.D. 1220 the following
fines were imposed upon persons who held land of the king and who
absented themselves from the army. (Clause II., p. 68.)
From a thane, 6 cows and a gillot [_juvenca_].
From an _ochtyern_, 15 sheep or 6_s._ (half to King and half to
the thane or the knight).
From a carl [_rusticus_], a cow and a sheep to be divided between
the King and the thane or knight, but if with the leave of the
thane or the knight, then all to the King.
This clause reveals a social division of classes into thanes,
_ochtyerns_,[199] and carls or rustics; to which another clause (IV.,
A.D. 1230) enables us to add the nativus or ‘_kind-born bondman_.’
It is not needful to pursue the inquiry into the laws of the later
kings of Scotland. But among the ‘Fragmenta’ in App. V. (p. 375) of the
collection there is one which must not be overlooked, although it may be
difficult to fix its date. It seems to be made up of two fragments united
and is interesting as containing two very different statements of the
payment ‘for the life of a man.’
Put into modern English, the first part is as follows:--
All laws either are man’s law or God’s law. By the law of God, a
head for a head, a hand for a hand, an eye for an eye, a foot for
a foot.
By the law of man _for the life of a man ixˣˣ cows_, for a foot a
mark, for a hand as much, for an eye half a mark, for an ear as
much, for a tooth 12 pence, for each inch of length of the wound
12 pence, for each inch of breadth of the wound 12 pence. For a
stroke under the ear 16 pence, for a stroke with a staff 8 pence,
and if he fall with the stroke 16 pence. For a wound in the face
he shall give an image of gold [? a coin with the King’s head
upon it].
The other part is as follows:--
And by man’s law for breaking of bones 5 ores, for a wound under
the clothes 12 pence. For a wound before the sleeve 16 pence, and
for each visible wound except the face 15 pence. _For a man’s
life 12 marks_; for a wound above the chest 6 solidi, and under
the chest 60 pence; for a foot stroke 60 pence; for blood drawn
25 shillings, and beyond the sea 6 cows.
[Sidenote: Amount of the wergeld doubtful.]
Public-domain text, read in full here on John Shaqi.
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