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
Gif hwa heonan-forð ænigne man ofslea ꝥ he wege sylf þa fæhðe
butan he hy mid freonda fylste binnan twelf monðum forgylde be
fullan were sy swa boren swa he sy. Gif hine þonne seo mægð
forlæte & him foregyldan nellen þonne wille ic ꝥ eall seo mægð
sy unfah. butan þam hand-dædan, gif hy him syþþan ne doð mete ne
munde. Gif þonne syþþan hwilc his maga hine feormige þonne beo he
scyldig ealles þæs þe he age wið þone cyning ⁊ wege þa fæhðe wið
þa mægðe forþam hi hine forsocan ær. Gif þonne of þære oðre mægðe
hwa wrace do on ænigum oðrum men butan on þam riht hand-dædan sy
he gefah wið þone cyning ⁊ wið ealle his frynd & þolige ealles
þæs þe he age.
(Edmund Secular Laws, s. 1.) If any one henceforth slay any man
that he himself bear the feud unless with the aid of his friends
and within 12 months he compensate it with the full wer; be he
born as he may be. But if his mægd forsake him and will not pay
for him, then I will that all the kindred be _unfah_ [free from
the feud] except the perpetrator, if afterwards they do not give
him either food or mund [protection]. But if any one of his
kindred feed him, then be he liable in all that he possesses to
the king and bear the feud with the kindred because they had
previously forsaken him. But if anyone of the other kindred take
vengeance upon any other man than the real perpetrator, let him
be foe to the king and to all his friends and forfeit all that
he owns.
Gif hwa cyrican gesece oþþe mine burh ⁊ hine man þær sece oþþe
yflige þa þe ꝥ deð syn þær ylcan scyldige þe hit her beforan cwæð.
(2) If any one take refuge in a church or in my burh, and one
there seek him or do him evil, be those who do that liable in the
same that is heretofore ordained.
And ic nelle ꝥ ænig fyhtewite oþþe man-bote forgifen sy.
(3) And I will not that any _fightwite_ or _manbot_ be forgiven.
This relaxation of the rules as to payment of wergeld seems to leave
matters very much as they were, with the one exception that for the sake
of peace and to lessen the risk of ‘manifold fightings,’ a year was
given to the slayer’s kindred to save his life by helping him to pay the
wergeld if they chose, while if they chose to forsake him and did not
harbour or help him in any way _they_ were free. The kindred of the slain
in the meantime were left to pursue their feud but only upon the slayer.
This of course was another instance of the partial breaking down of the
ancient tribal solidarity of the kindred in favour of the principle, long
before adopted in some of the Continental codes, limiting the punishment
of crime to the criminal himself.
Public-domain text, read in full here on John Shaqi.
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