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
In s. 59 of the secular laws of Cnut under the heading ‘Of Borh-bryce’
is a statement that if any one break the king’s ‘borh’ the bot is
five pounds; an archbishop’s or ætheling’s ‘borh’ three pounds; a
leod-bishop’s or ealdorman’s ‘borh’ two pounds. This is a re-enactment
of clause 3 of King Alfred’s dooms. In the latter the words ‘borh-bryce’
and ‘mund-byrd’ appear to be interchangeable. Both mean the breach of
protection or _mund_.
[Sidenote: Extent of the area of the grith.]
There is finally a fragment[230] which fixes the extent of the king’s
‘grith’ to be ‘three miles and three furlongs and three acre breadths and
nine feet and nine hand breadths and nine barleycorns from the “burhgeat”
where the king is.’
Within this area the ‘grith’ or protection of the king extends, and
the use of the word ‘grith’ seems to place this fragment among those
belonging to the Danish group.
In this ‘grith’ or _area_ of protection, taken together with the grith of
various persons in regard to the _duration_ of the protection, and the
grith of the various assemblies or courts, and, finally, in the _mund_ of
various persons marked by the amount of the _mund-bryce_, there is surely
a foundation in ancient custom for the jurisdiction involved in the sac
and soc of the later period.
[Sidenote: The soc and sac of later laws.]
We have seen in the clauses of the so-called Laws of Henry I. allusion
to the ‘sac and soc’ of the lord on whose land a homicide has been
perpetrated and under whose jurisdiction the wed or pledge has been given
for the payment of wergeld. According to earlier phraseology, the lord’s
grith or peace has been broken. He has a territorial jurisdiction over
the giving of the wed by which it is to be restored, and he is entitled
to fightwite accordingly. If his own man has been slain, whether on his
own land or not, his _mund_ has been broken and the manbot of his man
is payable to him. The phrase ‘soc and sac’ is probably of Scandinavian
origin. It does not seem to go back earlier than the time of Cnut.[231]
It is not found in his laws. But the principle at the root of the ‘grith’
and the ‘mund’ was not one newly introduced at this period. We shall find
it again in the earliest laws, and we have already found it at work under
Irish custom. The Irish chieftain’s ‘precinct’ or area of protection
extended on his ‘green’ as far as he could throw his hammer, and the
value of his protection varied, as we have seen, with his ‘honour price.’
III. THE ‘FRITH’ BETWEEN ETHELRED II. AND OLAF TRYGGVASON, A.D. 993.
[Sidenote: Frith of A.D. 993.]
The real Danish invasion of England, which ended in the accession of
Cnut to the kingdom of all England, commenced with the arrival of Olaf
(Tryggvason), afterwards King of Norway, in A.D. 991. The fatal battle of
Malden had been fought and 10,000 pounds of silver paid for a temporary
peace. At length the treaty was made between Ethelred and Olaf on the
latter embracing Christianity.
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