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
When this is done, then let the king’s mund be established, that
is, that they all of either kindred, with their hands in common
upon one weapon, engage to the mediator that the king’s mund
shall stand.
The king’s mund-byrd, as we have seen, was equal to five pounds according
to both English and Kentish custom.
[Sidenote: The heals-fang.]
Of þam dæge on xxi nihtan gylde man cxx scill. to heals-fange æt
twelf-hyndum were. Heals-fang gebyreð bearnum broðrum ⁊ fæderan
ne gebyreð nanum mæge ꝥ [feoh] bute þam þe sy binnan cneowe.
In xxi days from that day let cxx shillings be paid as heals-fang
at a twelve-hynde’s wer. Heals-fang belongs to the children,
brothers and paternal uncles: that money belongs to no kinsman
except to those that be within the knee.
[Sidenote: The manbot and fightwite and then the wergeld.]
Of þam dæge þe ꝥ heals-fang agolden sy on xxi nihtan gylde man
þa man-bote þæs on xxi nihtan ꝥ fyht-wite þæs on xxi nihtan þæs
weres ꝥ frumgyld ⁊ swa forð ꝥ fulgolden sy on þam fyrste þe witan
geræden. Siþþan man mot mid lufe ofgan gif man [wille] fulle
freondrædene habban.
In xxi days from the day that the heals-fang is paid let the
manbot be paid. In xxi days from this the fightwite. In xxi
days from this the ‘frumgyld’ of the wer; and so forth till it
be fully paid within the time that the witan have appointed.
After this they may depart with love if they desire to have full
friendship.
Eal man sceal æt cyrliscum were be þære mæðe don þe him
to-gebyreð swa we be twelf-hyndum tealdan.
All men shall do with regard to the wer of a ceorl that
which belongs to his condition like as we have said about a
twelve-hyndeman.
These steps in the procedure are very nearly the same as those quoted in
the so-called ‘Laws of Henry I.’ and these clauses may probably be looked
upon as more or less repeating for the benefit of both peoples what
Anglo-Saxon custom may have been before the Viking invasions of England.
But of this we cannot be certain.
III. FRAGMENTS OF MERCIAN AND THE NORTH PEOPLE’S LAW.
[Sidenote: Fragments preserved of ancient custom.]
We now have to consider a group of fragments of uncertain date which seem
to belong to the period of the Northmen’s settlement in Northumbria and
invasions in Mercia.
The settlement of the Viking invaders made it necessary to fix the
relation of their wergelds to those of the conquered English, and also to
gather up fragments of Mercian custom. As the Dooms of Mercian kings have
not come down to us, these fragments have a special value.
The importance of Mercia in King Offa’s time gives a special interest to
any information on Mercian custom. And in other respects, scanty though
it be, the retrospect of early Anglo-Saxon custom from the invaders’
point of view could ill be spared.
[Sidenote: Under Mercian law the oath of twelve-hyndeman = that of six
ceorls.]
Public-domain text, read in full here on John Shaqi.
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