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
Then comes the question what happens if a man should seize a thief and
slay him as a thief. The next clause goes on to state that in the case
of the thief slain in the wood the slayer must declare that he slew the
man for a thief, and then neither the lord nor the _ge-gildas_ of the
slain could demand a wergeld. But if he should conceal the slaying and
it became known after a time, the way was open for the kindred of the
supposed thief to exculpate him by oath and so claim his wergeld, from
the slayer.
Where there is no concealment, the kindred of the thief must swear that
there shall be no vengeance on him for delivering up the thief.
Se [þe] þeof gefehð [he] ah x. scill. ⁊ se cyning þone þeof ⁊ þa
mægas him swerian aðas unfæhða.
(28) He who seizes a thief shall have ten scillings and the king
the thief; and let the kindred [of the thief] swear to him oaths
of ‘unfæhthe.’
If the man who had seized the thief let him go he was liable to pay
‘wite’--and if, as we have seen, an ‘ealdorman’ did so it was at the risk
of losing his ‘shire.’
Theft seems to have been an increasing crime, for further on in Ine’s
Laws there are repetitions of some of these clauses, with slight
additions, showing that the Dooms of Ine were added to from time to time
(s. 35 and s. 27).
[Sidenote: The ceorlisc and the gesithcund classes.]
We have seen how severe a penalty was attached to the crime against
the king’s peace of letting a thief once seized escape. The following
clause is still more severe upon any one harbouring a fugitive thief
or other outlaw, and it introduces again the division of classes as
regards wergelds into gesithcund and ceorlisc, but without mentioning the
wergelds of each class.
Gif mon cierliscne monnan flieman-feorme teo be his agnum were
geladige he hine. Gif he ne mæge gielde hine [be] his agenum were
⁊ se gesiðmon [eac] swa be his were.
(30) If a man accuse a ceorlisc-man of harbouring a fugitive
[thief?] let him clear himself according to his own wer. If he
cannot, let him pay for him according to his own wer, and the
gesith-man in like manner according to his wer.
This ‘clearing himself according to his own wer’ alludes evidently to the
oath of himself and his oath-helpers and shows that the oath required
to clear the gesithcund-man from the charge was a greater one than that
required to clear a ceorlisc-man. This was doubtless the case throughout,
but apparently it had become needful to strengthen the oath of both
classes. The following clause required that in the oath of both the
gesithcund and ceorlisc-man in denial of homicide there should be among
the oath-helpers ‘a King’s oath of 30 hides.’
[Sidenote: The oaths to be in their hyndens of co-swearers.]
Public-domain text, read in full here on John Shaqi.
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