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
These strangers may some of them have had land and some of them not.
Certainly not all of them were regarded as theows or thralls.
To what class, then, did they belong? And how were they treated? What
degree of freedom was granted them, and what was their wergeld, if they
had any?
It is to the Laws of Ine that we must go for the answers to these
questions. And we start on the inquiry seeking light also upon the
position of the as yet unexplained six-hynde class so often mentioned in
the Laws of King Alfred but never in the later laws.
The only hint we have had as yet as to the meaning of the six-hynde class
is whether gesithcund-men not having land may not have belonged to it.
[Sidenote: The _wealh_ or _Wilisc-man_ with five hides was six-hynde.]
The wergelds of the ordinary classes of tribesmen were doubtless too well
known to require more than incidental mention in King Ine’s Dooms, but
there are several clauses or fragments of clauses specially mentioning
the wergelds of the _wealh_ and of the _Wilisc_-man.
Wealh gif he hafað fif hyda he bið syx hynde.
(24) A _wealh_ if he have five hides ‘he shall be six-hynde.’
Gif Wylisc mon hæbbe hide londes his wer bið c.xx scill. gif he
þonne hæbbe healfe lxxx scill. gif he nænig hæbbe lx scillinga.
(32) If a Wylisc-man have a hide of land his wer shall be cxx
scillings, but if he have half a hide lxxx scillings, if he have
none lx scillings.
Cyninges hors-wealh seþe him mæge geærendian þæs wer-gield bið cc
scill.
(33) The king’s ‘horse-wealh’ who can do his errands, his wergeld
shall be cc scillings.
It will be noticed that the wergeld of the _Wilisc_ man with one hide of
land is one fifth of the wergeld of the _wealh_ with five hides, so that
wealhs and Wilisc men seem to be treated on the same lines--as if the two
words meant the same thing.
[Sidenote: The Gallo-Roman ‘_wala_.’]
It is not easy to draw a distinction between the ‘wealh’ and the
‘Wilisc’ man. ‘Wilisc’ is certainly used as the adjective corresponding
to ‘wealh,’ though sometimes (as _e.g._ in ‘Wilisc ale’) for something
specially Welsh. In the Lex Salica, as we have seen, the Gallo-Roman
living under Roman law, according to the Malberg gloss was a ‘_Wala_’
with a wergeld half that of the ‘ingenuus’ living under Salic law. And,
without pushing this meaning so far as Mr. Coote was inclined to do, we
may fairly, I think, look upon the word ‘wealh’ as generally embracing
not only natives of Wales and West Wales, but also the wider class
of persons of the conquered populations, whether Welsh or Britons or
Romano-Britons, who were not recognised as of Anglo-Saxon blood.
[Sidenote: The _Wallerwente_ of Yorkshire.]
Public-domain text, read in full here on John Shaqi.
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