Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
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
Inde componat qui weram solvit, terminum de xx sol.: inde ponant
terminum suum parentes mortui de xl ovibus, que pro xx sol.
computantur: sint autem oves videntes et cornute, nulla parte
corporis diminute: ultimo termino reddatur equus, qui pro xx
sol. numerandus est. Hoc secundum legem et nostram consuetudinem
diximus: differentia tamen weregildi multa est in Cancia
villanorum et baronum.
After that he who pays the wergeld pays at another term 20_s._
Then the _parentes_ of the dead fix a term for 40 sheep which are
reckoned as 20_s._, but they must be sheep seeing and horned and
deficient in no part of the body. At the last term a horse is
given reckoned at 20_s._ This we have said according to law and
our custom. There is, however, great difference in the wergeld of
both _villani_ and _barones_ in Kent.
Thus both in the case of the twelve-hynde and the twy-hyndeman the
halsfang is the first beginning of the wergeld, and whatever may be the
exact meaning of the word, it is pretty evident that it was regarded as
an admission of the wrong done and as a kind of earnest money that the
rest of the wergeld would be paid.
But between the halsfang or earnest money and the making up of the first
full instalment of the wergeld were the two other payments, the _manbot_
and the _fightwite_.
They have already been mentioned, but it is important to recognise what
these two payments outside the wergeld mean.
We learn from c. LXXX. s. 6 what the fightwite was:--
[Sidenote: Fightwite was for breach of precinct.]
In cujuscumque terra fiat homicidium, qui socam et sacam suam
habeat, si homicida divadietur ibi vel cravetur, fihtwytam
recipiat.… Si occisus et locus unius domini sint, qui socnam suam
habeat manbotam et fihtwytam.
On whosesoever land the homicide may be committed, he who has
soc and sac shall if the homicide there be pledged or remanded
receive fightwite.… If the person killed and the place are of one
lord, let him who has the soc have [both] manbot and fightwite.
[Sidenote: Manbot was value to lord of person slain.]
It is clear from this that the fightwite was the payment due to the
lord who had the ‘soc’ of the place where the homicide occurred and the
wergeld was pledged. The manbot, on the other hand, was the payment to
the lord whose man the person slain was. The lord of the soc might also
be the lord of the man slain, in which case both fightwite and manbot
were payable to him.
In c. LXIX. the manbot of the twy-hyndeman is stated to be 30_s._ (of
5_d._, _i.e._ 150_d._), and that of the twelve-hyndeman 120_s._ (600_d._)
as in the Laws of Ine, s. 70.
In the so-called ‘Laws of Edward the Confessor’ c. XII. is the
following:--
Public-domain text, read in full here on John Shaqi.
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