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
We may call in the later evidence of the Northumbrian Priest-law[250] in
illustration. The use of ores and half-marks in this document and its
being, so to speak, domiciled in York, seem to connect it with the period
of the Northmen’s conquest of Northumbria, when York was its capital and
as yet the tide of battle had not been turned--_i.e._ shortly before
the date of the Compact between Alfred and Guthrum. In this Priest-law
the penalty for the practice of heathen rites on the part of a king’s
thane was ten half-marks, and if he wished to deny the charge it must
be with ten named by himself, ten named by his kindred (_maga_), and
ten _Wallerwente_, and if he failed in the denial he had to pay the ten
half-marks, half of which went to the church and half to the king.
And so also in the case of the ‘landagende man’ who had to pay six
half-marks: he too must deny with as many of his like (_gelicena_) and as
many _wente_ as the king’s thane. And so also in the case of a ‘cyrlisc’
man.
It is quite clear that these _Wallerwente_ were _free_ inhabitants of
the district, for their oaths were taken in evidence, which would not
have been done had they been theows. The Wallerwente were, on the other
hand, not recognised as ‘ceorlisc’ Saxons. They were obviously the native
Celtic inhabitants of the great plain of York[251]--the _gwent_ or basin
of the Derwent and the Ouse. The locality is fixed by the clause which
restricts the Sabbath day’s journey on necessity to six miles out of
York.
[Sidenote: Under Frankish law the Gallo-Romans had half-wergelds.]
Now, we have seen that under Frankish laws the Gallo-Roman population
living under Roman law had _half_-wergelds. If the freeman living
under Salic law had a wergeld of 200 solidi the ‘Romanus possessor’
had a wergeld of 100 solidi. And so in the same way, returning to the
Laws of Ine, while the gesithcund or other landed Wessex freeman was a
twelve-hyndeman, the wealh who had five hides was reckoned as six-hynde.
[Sidenote: The wealh with five hides had a half-wergeld.]
We have seen that the English ceorl who rose to the possession of five
hides and paid gafol to the king, and with coat of mail and over-gilded
sword followed to the fyrd, became gesithcund with a wergeld of 1200
scillings. It is quite in accordance with tribal feeling as shown
in Continental usage that the stranger in blood, whether Welsh or
Romano-British, who had risen in the same way to the possession or
occupation of five hides should be six-hynde with a half-wergeld of 600
scillings.
Public-domain text, read in full here on John Shaqi.
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