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
Wessex Mercian
Thrymsas shillings shillings
of 5_d._ of 4_d._
King’s wergeld 15,000, cynebot 15,000 30000 = 18000 22500
Archbishop’s and Ætheling’s 15000 = 9000 11250
Bishop’s and Ealdorman’s 8000 = 4800 6000
Holdr’s and King’s high-reeve’s 4000 = 2400 3000
Mass thane’s and secular thane’s 2000 = 1200 1500
Ceorl’s 266⅔ = 160 200
The ceorl has a twyhynde wergeld in Mercian shillings and the thane a
twelve-hynde wergeld in Wessex shillings. There seems to be so far some
confusion. But on the whole this reckoning seems to justify the opinion
generally held that the Northmen coming as conquerors into Northumbria or
the Danelaga had, at the date of these fragments, doubled the wergeld of
the hold or hauld as compared with that of the English thane.
[Sidenote: Wergeld of hauld double that of the thane, but after Alfred’s
victory both equally dear.]
If, as seems reasonable, these fragments may be referred to the period
following upon the Viking conquest and settlement in Northumbria and the
foundation of Halfdan’s kingdom of York (A.D. 876), then the doubled
wergeld of the hauld may be perhaps the high-water mark as it were of the
invasion--the point of vantage at which it was natural for the conquerors
to treat the conquered as a tributary race. And if it may rightly be so
regarded, then it gives an added interest to the compact between King
Alfred and Guthrum in 886. For then, the tide of battle having turned,
the two kings at length met on equal terms and, undoing the earlier
unequal settlement, now agreed to make Dane and Englishman equally dear.
A still more interesting point than the doubling of the conquering Hold’s
wergeld as compared with the conquered thane’s is found in the subsequent
clauses of this fragment, which seem to refer back to ancient tradition
as regards the position of the non-Saxon subjects of Anglo-Saxon
kings.[239]
[Sidenote: Chance given to the Wiliscman to rise as in the laws of Ine.]
And gif Wilisc man geþeo ꝥ he hæbbe hiwisc landes ⁊ mæge cyninges
gafol forð-bringan, þonne bið his wergild cxx scill. And gif he
ne geþeo buton to healfne hide þonne si his wer lxx scill.
(7) And if a Wiliscman thrive so that he have _hiwisc landes_ and
can bring forth the king’s gafol, then his wergeld shall be cxx
scillings. And if he only comes up to a half hide then shall his
wer be lxxx scillings.
And gif he ænig land næbbe ⁊ þeah freoh sy forgilde hine man mid
lxx scill.
(8) And if he have not any land and yet be free, let him be paid
for with lxx scillings.
The other version is practically the same:--
Public-domain text, read in full here on John Shaqi.
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