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
(ss. 22-23). If the wife survive her husband let her have
permanently her dower and her ‘maritagium’ given to her by
written instruments or production of witnesses, and her
‘morgengift’ and a third part of all joint acquisition, besides
clothes and her bed, and let her receive nothing in respect of
what has been consumed in charity or common necessity.
Si mulier absque liberis moriatur, parentes ejus cum marito suo
partem suam dividant.
If a woman die without children her _parentes_ divide her share
with the husband.
These statements are valuable evidence that, in regard to the position of
a wife, Anglo-Saxon custom was very nearly the same as Cymric custom and
that of the Bretts and Scots. And they are the more important as stating
in black and white what is only to be inferred from isolated statements
in earlier laws.
We now pass to c. LXXVI., _De precio cujuslibet_, containing information
as to the mode of procedure in the payment of wergeld.
After stating that if a man be slain he is to be paid for according to
his birth, the clause proceeds thus:--
[Sidenote: Sureties for wergeld 8 of paternal and 4 of maternal kindred.]
Et rectum est ut homicida, postquam weregildum vadiaverit
inveniat wereplegios, sicut ad eam pertinebit, i. de thaino
debent dari xii wereplegii, viii de parte patris, et iiii de
cognacione matris; et cum hoc factum erit, elevetur inter eos pax
regis in omni weregildo, et debet halsfang primo reddi, sicut
were modus erit.
And it is right that the homicide after having given pledge for
the wergeld should find the wer-pledges pertaining to it.
From the thane: 12 were-pledges 8 _exparte patris_ and 4 _de
cognatione matris_, and this done shall be raised among them the
peace of the king in every wergeld. And first the _halsfang_
should be paid according to the nature of the wergeld.
Following the case of the twelve-hyndeman a little further we learn
that:--
[Sidenote: Twelve-hyndeman’s halsfang.]
Twelf-hindus est homo plene nobilis, i. thainus cujus wera est
duodecies c sol. qui faciunt libras xxv, cujus halsfang sunt cxx
sol. qui faciunt hodie sol. l. Et non pertinet alii cognacioni
pecunia ista, nisi illis qui sunt intra genu.
The twelve-hyndeman is the man _plene nobilis_, _i.e._ the thane
whose wergeld is 1200 scillings which make 25_l._ His halsfang is
120_s._ which today equals 50_s._[211] [Norman], and it belongs to
no other relations than those who are _intra genu_.
This halsfang had to be paid on the 21st day from the giving of the
pledge, and it seems to have been a token in recognition of guilt or
earnest money to show that the wergeld would be paid.
[Sidenote: Manbot and fightwite and then wergeld.]
Public-domain text, read in full here on John Shaqi.
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