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
Under King Alfred’s laws, as we have seen, the penalties for breaking
into this precinct and committing crimes in it were payable to the person
whose ‘peace’ was thus broken, and were not confined to the official
classes as the mund-byrd and borh-bryce were. They went back to the
tribal root-idea of the sanctity of the hearth and homestead of every
tribesman. They extended from the king to the ceorl through all grades.
The penalties for fighting within the precinct were practically the same
in amount as those for the breaking into it. The penalty for fighting in
the ceorlisc-man’s ‘flet’ was practically the same as that for breaking
through his ‘edor’ into it.
When all these penalties are put side by side in the form of a table two
points become evident.
First, how far removed the social position of the twelve-hyndeman was
from that of the ealdorman. The penalty for fighting within his precinct
is not much more than a third of that of the bishop and ealdorman, the
inference being that his official position was much lower than the
ealdorman’s.
Secondly, when we compare the figures in the three columns, while the
burh-bryce and fightwite of the twelve-hynde, six-hynde, and twy-hynde
classes are both graduated in proportion to their wergelds and very
closely resemble one another, it is curious to notice that the fightwite
is based upon a duodecimal and the burh-bryce on a decimal system of
reckoning, as if they had been derived from different original sources.
If King Alfred had originated them he would probably have made them alike.
In the following statement, collected from the several sections of King
Alfred’s Laws for purposes of comparison and future reference, the
amounts are stated in Wessex scillings of five pence.
Public-domain text, read in full here on John Shaqi.
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