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
There are two valuable fragments on Mercian law.
The first is as follows:--
_Be Merciscan Aðe_
_Of the Mercian Oath_
Twelf-hyndes mannes að forstent vi ceorla að forþam gif man þone
twelf-hyndan man wrecan sceolde he bið full-wrecan on syx ceorlan
⁊ his wer-gyld bið six ceorla wer-gyld.
A twelve-hyndeman’s oath stands for six ceorls’ oaths; because if
a man should avenge a twelve-hyndeman he will be fully avenged on
six ceorls and his wergild will be six ceorls’ wergilds.
This fragment of Mercian law is preceded in the group of fragments ‘on
oaths’ in Thorpe’s edition of the Laws by the following, which may or
may not be of Mercian origin:--
[Sidenote: Mass-priest’s oath = that of the thane.]
Mæsse-preostes að ⁊ woruld-þegenes is on Engla-laga geteald
efen-dyre ⁊ for þam seofon ciric-hadan þe se mæsse-preost þurh
Godes gif geþeah ꝥ he hæfde he bið þegen-rihtes wyrðe.
A mass-priest’s oath and a secular thane’s are in English-law
reckoned of equal value; and by reason of the seven
church-degrees that the mass-priest through the grace of God has
acquired he is worthy of thane-right.
The other fragment of Mercian law is as follows:--
[Sidenote: Mercian wergelds.]
Ceorles wer-gild is on Myrcna lage cc scill. Ðegnes wer-gild is
syx swa micel ꝥ bið xii hund scill. Ðonne bið cynges anfeald
wer-gild vi þegna wer be Myrcna lage ꝥ is xxx þusend sceatta ⁊
ꝥ bið ealles cxx punda. Swa micel is þæs wer-gildes on folces
folc-rihtes be Myrcna lage. And for þam cyne-dome geborað oðer
swilc to bote on cyne-gilde. Se wer gebirað magum ⁊ seo cyne-bot
þam leodum.
A ceorl’s wergeld is by Mercian law cc scillings. A thane’s
wergeld is six times as much, _i.e._ xii hundred scillings.
Then is a king’s simple wergeld vi thanes’ wer by Mercian law,
_i.e._ xxx thousand sceatts, and that is altogether cxx pounds.
So much is the wergeld in the people’s folkright by Mercian law.
And for the ‘Cynedom’ there is due another such sum as _bot_ for
_cyne-gild_. The wer belongs to the kindred and the cynebot to
the people.
The Mercian wergeld of both twy-hynde and twelve-hynde men is thus
stated in scillings, as usual, and the king’s wergeld--six times the
thane’s--would equal 7200 scillings. The Mercian scilling was 4_d._,
and thus, as stated in the text, the king’s wergeld would equal exactly
120_l._ or 28,800 pence or sceatts (in round numbers 30,000 sceatts).
This is useful as evidence that the sceatt of this Mercian wergeld was
the silver penny of the Anglo-Saxon currency of 28·8 wheat-grains--_i.e._
of the _Sceatt series_--before Offa and Alfred, following the example of
Charlemagne, superseded the ‘sceatt’ by the ‘penny’ of 32 wheat-grains.
[Sidenote: Fragment of North People’s Law.]
Public-domain text, read in full here on John Shaqi.
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