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
Whether this innovation of King Edmund’s was adhered to the evidence
of the Laws of Henry I. may lead us to doubt, but for our purpose the
law making the innovation is evidence of the ancient solidarity of the
kindred, the attempt to loosen which had become necessary in the tenth
century.
[Sidenote: How wergelds were to be paid.]
A clause which follows shows that it was expected that wergelds would
still be paid:--
Witan scylon fæhðe settan ærest æfter folc-rihte slaga sceal
his for-specan on hand syllan ⁊ se for-speca magum ꝥ se slaga
wille betan wið mægðe. þonne syþþan gebyred ꝥ man sylle þæs
slagan for-specan on hand ꝥ se slaga mote mid griðe nyr ⁊ sylf
wæres weddian. Ðonne he þæs beweddod hæbbe þonne finde he þærto
wær-borh, þonne ꝥ gedon sy þonne rære man cyninges munde of þam
dæge on xxi niht gylde man heals-fang. þæs on xxi niht manbote.
þæs on xxi niht þæs weres ꝥ frum-gyld.
(7) The Witan shall appease feuds. First according to folkright
the slayer shall give pledge to his _forespeca_ and the forespeca
to the kindred that the slayer will make bot to the kindred. Then
after that it is requisite that security be given to the slayer’s
forespeca that the slayer may in peace come near and himself
give wed for the wer. When he has given wed for this let him find
thereto a werborh. When that is done let the King’s mund be levied.
Within 21 days from that day let the _halsfang_ be paid. 21 days
from that the manbot. 21 days from that the frumgeld of the wer.
[Sidenote: Earlier statement of how wergelds were to be paid.]
The further course of procedure is best given in the earlier fragment
alluded to.
[Sidenote: The werborh.]
The fragment[235] is headed ‘How a twelve-hyndeman shall be paid for.’
It opens with the statement, ‘A twelve-hyndeman’s wer is twelve hundred
scillings. A twy-hyndeman’s wer is two hundred scillings.’ And then it
proceeds:--
Gif man ofslægen weorðe gylde hine man swa he geboren sy. And
riht is ꝥ se slaga siþþan he weres beweddod hæbbe finde þærto
wær-borh be þam þe þærto gebyrige ꝥ is æt twelf-hyndum were
gebyriað twelf men to werborge, viii fæderen-mægðe ⁊ iiii
medren-mægðe.
If any one be slain let him be paid for according to his birth.
And it is right that the slayer after he has given wed for the
wer find in addition a _werborh_ according as shall thereto
belong, that is to a twelve-hynde’s wer twelve men are necessary
as _werborh_, viii of the paternal kin and iv of the maternal kin.
This is in accordance with the clause in Alfred and Guthrum’s compact,
which, however, makes the additional provision by way of precaution
that one of the twelve co-swearers must be a king’s-thane. The clause
continues:--
[Sidenote: The king’s mund.]
Ðonne ꝥ gedon sy þonne rære man cyninges munde, ꝥ is ꝥ hy ealle
gemænum handum of ægðere mægðe on anum wæpne þam semende syllan ꝥ
cyninges mund stande.
Public-domain text, read in full here on John Shaqi.
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