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
The equation was therefore well within the range of reasonable
compromise. And behind both these wergelds--that of the hauld and of the
twelve-hyndeman--there seems to be the curious traditional (conscious or
unconscious) reference so often repeated to the ancient normal wergeld of
200 gold solidi and the heavy gold mina. At this normal wergeld Dane and
Englishman were to be held equally dear.
[Sidenote: English ceorl on gafol land put on a level with the Norse
leysing.]
Turning now to the other class, the wergeld is described in English
scillings and the wergeld is that of the twy-hyndeman--two hundred
scillings--_i.e._ one sixth of the wergeld of the other class. On the
Danish side the equivalent of the twy-hyndeman was the lysing, _i.e._ the
‘leysing’ or newly made freedman of the Gulathing law, who had not yet
made his freedom-ale and whose wergeld was one sixth of that of the hauld
‘according to his rett.’
Here again the correspondence is complete. The English twy-hyndeman is
put by this compact on the same standing as to wergeld as the Norse
leysing or newly made freedman who had not yet made his freedom-ale.
But we gain another point from this remarkable clause. We are warned by
it not to be drawn too easily into a rash generalisation from the use of
the Saxon word _ceorl_.
It is not the ‘ceorl’ _as such_ who is the twy-hyndeman and put upon the
same social level as the Danish lysing. It is clearly only the ‘ceorl
_who sits on gafol land_.’ It is on the last words that the distinctive
emphasis must be put. If we had nothing but this clause to guide us we
might conclude that all above the ‘ceorl who sits on gafol land’ were
twelve-hynde.
II. THE COURSE OF PROCEDURE IN PAYMENT OF WERGELD.
There are two statements of the course of procedure in the payment of
wergelds which may conveniently be mentioned at this point. The first
occurs in the ‘Laws of King Edmund,’ who reigned A.D. 940-946. And the
other is contained in a fragment belonging probably to the time following
soon after the Compact between Alfred and Guthrum.
[Sidenote: King Edmund makes payment of wergeld voluntary.]
King Edmund, in order to abate the ‘manifold fightings’ resulting from
the system of feud and wergeld, made stringent regulations under which
wergelds were to be claimed, making it voluntary on the part of the
kindred to join in payment of the wergeld.
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