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
The _burg_-bryce is the same thing as the _burh_-bryce--the breaking
into the _burh_. And if we compare the ‘bots’ of this clause with the
_burh_-bryce of King Alfred’s s. 40 (_supra_, p. 372) we see that he was
not merely copying King Ine’s clause. Nearly as they may resemble one
another, there are marked differences between the two clauses.
The king’s burh-bryce in King Ine’s Laws is the same as King Alfred’s.
The ealdorman’s is eighty scillings instead of sixty. The king’s thane
takes the ealdorman’s place with sixty, and the gesithcund-man’s
burh-bryce in King Ine’s Laws is practically the same as the
twelve-hyndeman’s in King Alfred’s laws.
[Sidenote: The gesithcund-man’s judicial position.]
The gesithcund-man we have met before in one of the fragments of early
English law, but so far as relates to Wessex he appears in the Dooms of
Ine for the first and last time, and we shall have to consider by-and-by
how far he is the same person as the twelve-hyndeman. But for the present
it is sufficient to note that he is mentioned along with the king’s thane
and the ealdorman apparently in order to state the extent to which his
oath was to be taken as valid in judicial evidence, or whatever is meant
by the words ‘and according to this make legal denial.’
[Sidenote: Laws as to theft.]
The chief obstacle to the maintenance of the peace seems to have been the
frequency of thefts and homicide of all kinds. The connection between
homicide and theft is the subject of several clauses in the Laws of Ine.
And as they bring into notice the liability of the kindred it may be well
to consider them in order.
These are some of the clauses in the Laws of King Ine with reference to
the slaying of a thief:--
Gif þeof sie gefongen swelte he deaðe oþþe his lif be his were
man aliese.
(12) If a thief be seized let him perish by death or let his life
be redeemed according to his wer.
Cierlisc mon gif he oft betygen wære gif he æt siþestan sie
gefongen slea mon hond [of] oþþe fot.
(18) A ceorlisc man, if he have often been accused, if he at last
be seized, let his hand or foot be cut off.
Gif feorcund mon oþþe fremde butan wege geond wudu gonge & ne
hrieme ne horn blawe, for þeof he bið to profianne oþþe to
sleanne oþþe to aliesanne.
(20) If a far-coming man or a stranger journey through a wood
out of the highway and neither shout nor blow his horn he is to
be held for a thief either to be slain or redeemed.
[Sidenote: The ge-geldas and kindred of the thief.]
Public-domain text, read in full here on John Shaqi.
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