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
The first clauses of Cnut’s Church laws refer to the maintenance of the
rights of the Church as to ‘grith and frith.’[222] ‘Because God’s grith
is of all griths the best, and next thereto the king’s, it is very right
that God’s church-grith within walls and a Christian king’s hand-grith
stand equally inviolate,’ so that anyone infringing either ‘shall forfeit
land and life unless the king be merciful to him.’[223] A homicide within
church walls was to be ‘botless,’ unless the king ‘granted life against
full bot.’ In this case the homicide must pay his full _wer_ to Christ or
the king, as the case might be, and so ‘inlaw himself to bot.’ Then the
bot was to be the same as the king’s ‘mund-bryce’ of five pounds.
These clauses seem to be taken from another document of this period,[224]
headed ‘Of Church grith,’ which is printed by Thorpe among the Laws of
Ethelred.
Again, the laws decreed by Ethelred and his witan at Wantage[225]
respecting ‘frith-bot’ commence with the decree that ‘grith should
stand henceforth as it originally stood in the days of his [the king’s]
forefathers.’ So that again ancient custom is confirmed rather than new
law enacted.
[Sidenote: The grith of various moots.]
This decree of Wantage relates, not, like Cnut’s law, to the grith of
the Church, but to the grith of various assemblies or courts. Crimes
committed within the grith or peace given by the king’s own hand (that
is, the king’s ‘hand-grith’ of the other documents) is again _botless_.
The grith which the ealdorman and the king’s reeve give in the assembly
of the ‘five-burgs’ if broken involves a bot of 1200 (scillings?),
that given by a burh-assembly 600, that by a wapentake 100, that in an
alehouse ‘for a dead man vi half-marks and for a living one xii ores.’
In a further clause (s. 12) it is stated that in a king’s suit the
deposit or ‘wed’ was to be of vi half-marks, in an eorl’s and a bishop’s
of xii ores, and in a thane’s of vi ores. Here both English and Danish
currencies are used. The law is common to both peoples.
* * * * *
The principle of the ‘grith’ or ‘frith’ is alike for both English and
Danes, and it does not seem that Cnut had any intention of altering what
had been law in this respect under his English predecessor.
[Sidenote: Grith-bryce and mund-bryce the same thing.]
In s. 3 of Cnut’s Church laws, dealing with crimes less than homicide, he
seems to treat the ‘grith’ of his new law and the ‘mund-bryce’ of old law
as practically the same thing, and this clause according to the text of
MS. G.[226] contains an interesting allusion to Kentish as well as other
English law.
Public-domain text, read in full here on John Shaqi.
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