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
However this may be, these considerations confirm the importance of the
distinction between the _manbot_ which varies according to the value or
loss to the lord of the person slain, and is therefore payable to him,
and the wergeld payable to the _parentes_ of the person slain which
varied according to the grade in social rank in which he was born or to
which he may have sometimes risen.
Further, this distinction between the wergeld and the manbot becomes all
the clearer when we turn to the evidence given in the Laws of Henry I.
regarding the custom of Wessex in respect of the homicide of slaves.
[Sidenote: When a slave is killed, or kills an Englishman.]
In c. LXX. the custom of Wessex is stated thus:--
Si servus servum occidat, domino reddantur xx sol. pro manbota,
parentibus interfecti servi xl den.
(s. 2) If a slave (_servus_) kills a slave xx_s._ [? of 5_d._]
is paid to the lord for _manbot_, to the _parentes_ of the dead
slave xl_d._
Si dominus occisoris nec pro eo reddit, nec servus habet unde
reddat, dimittere potest eum dominus, ut sibi caveat, nisi forte
cravetur dum secum est; quod si eveniat, eum repetentibus reddat
vel inde componat.
(s. 3) If the lord of the slayer pays nothing for him and the
slave has nothing to pay with, the lord can dismiss him so that
he [the lord] may protect himself from having the slave seized
while with him. But if this happen he shall hand him over to the
prosecutors or pay for him.
Si liber servum occidat, similiter reddat parentibus xl den. et
duas mufflas, et unum pullum mutilatum, domini servi xx sol. pro
manbota blodwitam vel fihtwitam sicut acciderit.
If a freeman kill a slave let him likewise pay to the _parentes_
xl pence and two ‘muffles’ and a capon. To the lord of the slave
xx_s._ [? of 5_d._] for manbot, [also] bloodwite or fightwite as
it happens.
Si servus Waliscus Anglicum hominem occidat, debet ille cujus
servus est reddere eum domino et parentibus, vel dare xl sol.
pro vita sua. Si hoc capitale nolit dare pro eo, dimittat eum
liberum, solvant postea parentes ejus weram illam, si cognacionem
habeat liberam. Si non habeat, observent eum inimici. Non cogitur
liber cum servo meggildare, nisi velit ei satisfaccionem facere,
nec servus cum libero.
If a _slave Waliscus_ kills an Englishman he whose slave he is
ought to give him up to the lord and the _parentes_ or pay
xl_s._ [? of 5_d._] for his life. If he does not choose to pay
this for his head let him set him free; then afterwards let his
_parentes_ pay his wergeld if he has free relations. If not
let them regard him as an enemy. No freeman is to be compelled
to join in payment with a slave unless he wishes to make
satisfaction for him nor a slave with a freeman.[214]
[Sidenote: Manbot of Wessex slave.]
Public-domain text, read in full here on John Shaqi.
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