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
Thus while under the Danelaga the equal manbot of the villanus and of the
socheman was 12 ores or 240_d._, we learn from these clauses that the
manbot of the ordinary slave under Wessex custom was 20_s._ _i.e._ (if of
5_d._) 100 pence, while that of the twy-hyndeman was, as we have seen,
only 150 pence.
At first sight it may seem strange that the manbot or value to the lord
of his villanus or socheman should be no greater, or even less, than
that of his theow or slave. But a moment’s consideration will show that
the value of the villanus and the socheman to the lord was mainly their
week-work and services amounting to perhaps half their whole time, while
that of the slave or theow was the value of his whole time and also that
of a marketable chattel.
It may be noticed, too, how in the statements of Wessex custom some
slight recognition is made of the _kindred_ of the slave, but the amount
(40 pence) is so very small that it hardly can be reckoned as any real
approach to recognition of family rights or rights of kindred belonging
to the relatives of the slave.
In the ‘Laws of William the Conqueror’ the manbot of the slave is stated
(perhaps in error) to be twice that of the freeman, and in the case of
freemen a concession is made of 10_s._ of the wergeld to the _widow_ of
the slain, who otherwise, not being of the same blood or kindred with her
husband, would under tribal custom have received no part of the wergeld.
Si quis convictus vel confessus fuerit in jure, alium occidisse,
dat were suum, et insuper domino occisi, manbote, scilicet, pro
homine libero x sol. pro servo xx solid.
(s. vii.) If any one shall have been convicted of or have
confessed the slaying of another, let him give his wergeld and
over and above to the lord of the person slain, _manbote_: that
is, for a freeman x_s._ [? of 5_d._ or 12_d._] for a _servus_ xx
shillings.
Est autem were theni in Merchenelahe xx libr.; in Westsaxenelahe
xxv libr.; rustici autem c solid. in Merchenelahe, et similiter
in Westsaxenelahe.
(viii.) The wergeld, however, of the thane under Mercian law is
xx lb. [_i.e._ 1200_s._ of 4_d._], under West Saxon law xxv lb.
[_i.e._ 1200_s._ of 5_d._]; of the rustic c_s._ [? of 5_d._ or
12_d._] in Mercia and the same in Wessex.
De were ergo pro occiso soluto, primo vidue x sol. dentur, et
residuum liberi et consanguinei inter se dividant.
(ix) Of the wergeld thus paid for the slain person, first let x
shillings be given to the widow, and the rest let the children
and relations divide between them.
[Sidenote: Homicide of a kinsman.]
Finally, it is interesting to observe that according to the so-called
‘Laws of Henry I.’ tribal custom was still partly recognised in the
method of dealing with the homicide of a kinsman.
In clause LXXV. is the following:--
Public-domain text, read in full here on John Shaqi.
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