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
(8) If he who is killed has no _parentes_ on his father’s side
and he has on his mother’s side, let what appertains to her, viz.
one-third of his wergeld, be paid.
These clauses show that when a Norman or stranger was slain, in a certain
way the king was to stand in the place of the absent kindred to see that
justice was done.
The maternal kindred of the slain, if such were at hand, should receive
the third of the wergeld which pertained to them, and so presumably the
paternal kindred, if they alone were present, should take the two thirds
pertaining to them, the king taking the share of the maternal kindred.
In any case the right of the _parentes_ was recognised when they were
present.
[Sidenote: When the slayer was a Norman.]
Next with regard to the payment of the wergeld in the case of the slayer
being a Norman or a stranger:--
Si quis hujusmodi faciat homicidium, parentes ejus tantum were
reddant, quantum pro ea reciperent, si occideretur.
(8) If any one commit homicide of this kind let his _parentes_
pay so much wergeld as they would have received if he [the
slayer] had been killed.
Si ex parte patris parentes habeat, et ex parte matris non
habeat, et hominem occideret, reddant pertinentes ei quantum de
ejus interfeccione reciperent, i. duas partes weregildi sui.
(9) If he [the slayer] have _parentes_ on his father’s side and
not on his mother’s and kills a man, they pay for him as much as
they would have received had he been killed, _i.e._ two thirds of
the wergeld.
Si quis autem paterna cognacione carens male pugnet ut hominem
occidat, si tunc cognacionem maternam habeat, reddat ipsa terciam
partem were, terciam congildones, pro tercia fugiat.
(10) If any one who has no paternal relations shall fight so
wrongly as to kill a man and if he has maternal relations they
shall pay one-third of the wer, the _congildones_ one-third, and
for the other third let him flee.
Si nec maternam cognacionem habeat, reddant congildones dimidiam
weram, pro dimidia fugiat vel componat.
If he has no maternal relations the _congildones_ shall pay half,
and for half he shall flee or pay.
Si quis occidatur ejusmodi secundum legem pristinam, si parentela
careat, reddatur dimidium regi, dimidium congildonibus.
If any such person is killed, then _according to ancient law_, if
he have no kindred half shall be paid to the King and half to the
_congildones_.
[Sidenote: Recurrence to Anglo-Saxon custom.]
These clauses are valuable as showing that to meet the circumstances
arising upon the Norman Conquest there was a recurrence as far as
possible to ancient law and Anglo-Saxon custom.
[Sidenote: Protection of the kinless stranger.]
Public-domain text, read in full here on John Shaqi.
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