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
[Sidenote: Freeman’s wergeld 25 pounds of silver. Slave valued at one
pound.]
The article on homicide in this ‘_frith-mal_’ is the only one which need
be quoted here:--
Gif Englisc man Deniscne ofslea, frigman frigne, gylde hine mid
xxv pundum oþþon mon þone hand-dædan agyfe, ⁊ do se Denisca þone
Engliscan eal swa gif [he] hine ofslea. Gif Englisc man Deniscne
þræl ofslea gylde hine mid punde ⁊ se Denisca Engliscne eal swa
gif he hine ofslea.
If an Englishman slay a Dane, a freeman a freeman, let him pay
for him with xxv[232] pounds, or let the slayer be delivered up.
And let the Dane do the same by an Englishman if he slay him. If
an Englishman slay a Danish thrall let him pay for him with a
pound; and so a Dane in like manner, by an Englishman if he slay
him.
[Sidenote: The freeman is the twelve-hyndeman.]
The points to be noted here are these. It is for the crime of a freeman
slaying a freeman that the wergeld of twenty-five pounds is to be
paid. And this wergeld of twenty-five pounds of silver is the wergeld
of 1200 Wessex scillings. So that the freeman of this clause is the
twelve-hyndeman.[233]
For the purpose of this ‘frith’ between Ethelred and Olaf the
twelve-hyndeman and not the twy-hyndeman is the typical freeman. And the
Dane also is to be paid for by a twelve-hyndeman’s wergeld.
The twy-hyndeman escapes without notice. No class is mentioned between
the twelve-hynde freeman and the thrall; and the thrall whether Danish or
English is paid for with a pound of silver.
Finally, the compact is described in Anglo-Saxon pounds, not in Danish
marks and ores.
It is an English statement of the ‘frith’ between the English king and
‘the army that Anlaf (Olaf) and Justin and Guthmund, Stegita’s son, were
with.’ And accordingly at the end of clause 7 is recorded the humiliating
admission that ‘twenty-two thousand pounds of gold and silver were given
to “the army in England for the frith.”’
[Illustration]
CHAPTER XII.
_ANGLO-SAXON CUSTOM FROM THE VIKING OR NORTHMEN’S POINT OF VIEW._
I. THE COMPACT BETWEEN KING ALFRED AND GUTHRUM, A.D. 886.
[Sidenote: The earlier Danish or Viking invasions.]
At the date of the compact between Ethelred II. and Olaf Tryggvason more
than a century had passed since the earlier compact between Alfred and
Guthrum. And during that century the successors of Alfred had gradually
succeeded in recovering their hold upon the English nation. During the
whole of this time, following Continental tribal usage, both English and
Danes had presumably lived under their own laws and customs.
But whether it be right to speak of the Northmen of the time of King
Alfred as Danes or not, it is necessary to distinguish the difference
between the two invasions.
Public-domain text, read in full here on John Shaqi.
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