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
The fragments printed by Thorpe under the heading ‘North People’s Law’
and by Schmid in his ‘Anhang VII.’ seem to belong to Northumbria or
more generally to the Danelaga. Schmid suggests that the ‘North people’
were the North folk of East Anglia. This, however, is perhaps more than
doubtful, especially when it is considered that the Viking ‘armies’ had
established themselves, not only in East Anglia and Mercia, but still
more completely in Northumbria, many years before the struggle with
Wessex had ended in the compact between Alfred and Guthrum.
The fragment of ‘North People’s Law’[236] opens with the statement that
the king’s gild is 30,000 _thrymsas_--15,000 for the wergeld and 15,000
for the people (_leodum_).
In another MS. the wording follows the statement of Mercian law very
closely, and agrees with the above in describing the amount in thrymsas.
[Sidenote: Wergelds paid in thrymsas of threepence.]
Ðæs cyninges wer-gyld sie mid Engla cynne on folc-riht þryttig
þusend þrimsa ⁊ þæra xv .M. sien þæs wæres ⁊ oðra xv .M. þæs
cynedomes. Se wære belympað to þam mægðe þæs cyne-cynnes ⁊ ꝥ
cynebot to þam land-leod.
Let the king’s wergeld be with the English race by folkright,
30,000 thrymsas, and of these let 15,000 be for the wer and the
other 15,000 for the _cynedom_. The wer belongs to the kindred of
the king and the cynebot to the people.
Now, in the first place, what was the _thrymsa_, which occurs in these
clauses for the first time?
A statement a little further on in one of the two texts of the same
fragment fixes the value of the thrymsa at three pence.[237]
The statement of ‘North People’s Law’ proceeds as follows:[238]--
Arces ⁊ æðelinges wer-gyld is xv þusend þrymsa.
(2) An archbishop’s and an ætheling’s wergeld is xv thousand
thrymsas.
Biscopes ⁊ ealdormannes viii þusend þrymsa.
(3) A bishop’s and an ealdorman’s viii thousand thrymsas.
Holdes ⁊ cyninges heah-gerefan iiii þusend þrymsa.
(4) A hold’s and a king’s high-reeve’s iv thousand thrymsas.
Mæsse-þegnes ⁊ woruld-þegnes ii þusend þrymsa.
(5) A mass thane’s and a secular thane’s ii thousand thrymsas.
Ceorles wer-gild is cc. ⁊ lxvi þrim. ꝥ bið ii hund scill be
Myrcna lage.
(6) A ceorl’s wergeld is cc and lxvi thrymsas, that is cc
scillings by Mercian law.
Put into tabular form these wergelds would be as follows in thrymsas and
Wessex and Mercian scillings:--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account