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
The Anglo-Saxon and Norman lb. of silver was 240_d._, and thus the
twelve-hyndeman’s wergeld of 25 lbs. was the same thing as the ancient
Wessex wergeld of 1200 Wessex scillings of 5_d._ Four pounds was a rough
equivalent of the twyhyndeman’s wergeld of 200 Wessex scillings.
A little further on in the same clause is the following quotation from
Ethelred II.’s compact with Olaf.
Si Anglicus homo Dacum occidat, liber liberum, persolvat eum xxv
lib. vel ipse malefactor reddatur, et tantundem reddat Dacus de
Anglico si eum occidat.
(lxx. s. 6.) If an Englishman kill a Dane--a freeman a
freeman--let him pay for him 25 lbs. or the criminal himself
shall be delivered up. And let the Dane do the same if he kill an
Englishman.
The English and Danish typical freeman of this clause with his 25
lb. wergeld is clearly recognised in these so-called laws as the
twelve-hyndeman and not the twyhynde man, who, though free, is identified
with the ‘villanus.’
[Sidenote: Wife still belongs to her own kindred in respect of wergeld.]
In further sections of this clause regarding Wessex customs very
important statements are made with regard to the position of the wife
in case of homicide, showing (1) that if she committed homicide her
own kindred were responsible for her crime and not her husband or his
kindred; and (2) that in case of the murder of a wife the wergeld went
to _her_ kindred and not to the husband or his kindred. In s. 12 of this
clause is the following statement:--
Similiter, si mulier homicidium faciat, in eam vel in progeniem
vel parentes ejus vindicetur, vel inde componat: non in virum
suum, seu clientelam innocentem.
Likewise if a woman commits homicide let it be avenged on her or
on her children or _parentes_ or paid for from that side, not on
her husband, or innocent connections.
And in s. 13:--
Si mulier occidatur, sicut weregildum ejus est reddatur, ex parte
patris, sicut observamus in aliis. (14) Si pregnans occidatur et
puer in ea vivat, uterque plena wera reddatur. Si nondum vivus
sit, dimidia wera solvatur parentibus ex parte patris.
If a woman be killed, whatever be her wergeld, let it be paid
_ex parte patris_ just as we have said in other cases. (14) If
a pregnant woman be killed and her child be living let the full
wergeld of both be paid. If not yet living let half a wergeld be
paid [for it] to the _parentes ex parte patris_, [of the child].
The position of the wife under Wessex custom is further shown by the
following:--
Si sponsa virum suum supervixerit, dotem et maritacionem suam,
cartarum instrumentis vel testium exhibicionibus ei traditam,
perpetualiter habeat, et morgangivam suam et terciam partem de
omni collaboracione sua, preter vestes et lectum suum; et si quid
ex eis in elemosinis vel communi necessitate consumpserit, nichil
inde recipiat.
Public-domain text, read in full here on John Shaqi.
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