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
We have quoted the Northumbrian Priest-law and noted that its penalties
in half-marks and ores suggest that it belongs to the period before King
Alfred’s Compact with Guthrum, during which York was the capital of the
Northmen’s kingdom. It is interesting to see that in the fragment of
North People’s Law quoted in the previous chapter, belonging probably
to the same district and to the same period, some of the clauses with
reference to the Wilisc man are evidently copied from the Laws of Ine
though with some additional matter and perhaps some slight errors in the
figures.
And if a Wilisc-man thrive so that he have a hide of land and can
bring forth the King’s gafol, then is his wergeld 120 scillings.
And if he thrive not except to half a hide, then let his wer be
80 scillings. And if he have not any land, let him be paid for
with 70 scillings [? 60].
[Sidenote: The conquering Northmen gave the hauld a wergeld twice that of
the thane.]
And it is worth notice that it was in this very document that the
Northmen as conquerors, while leaving the English wergeld of the thane
at 2000 thrymsas or 1200 scillings, gave to their own ‘hold’ a double
wergeld of 4000 thrymsas.
[Sidenote: The six-hynde class died out.]
We may therefore regard the six-hyndeman of King Ine and King Alfred’s
Laws as probably the Wilisc man with five hides or more. There does not
appear to be anything in King Alfred’s Laws to lead us away from this
conclusion. Any other would leave the complete silence of King Alfred’s
laws with regard to the Wilisc class unexplained, unless it could be
considered that in the turmoil of the Northmen’s invasions and the stress
of war the Wilisc class had already become more or less amalgamated with
the Saxon population by the force of their common interests against the
invaders.
The silence of the later laws as to a six-hynde class may probably be
explained by the same considerations.
[Sidenote: The Wilisc man under Ine’s law only half as worthy as the
Englishman.]
Passing from the Wilisc man who was six-hynde in consequence of his
landed position to the Wilisc man viewed simply as a stranger in blood,
there is further evidence that as a stranger he was regarded as only half
as ‘worthy’ as an Englishman. In s. 46 of Ine’s Laws it is stated that an
oath-worthy person charged with theft is to deny the charge with an oath
of 120 hides if the accuser be an Englishman, but with only 60 hides if
the accuser be a Wilisc man.
Ðonne mon monnan betyhð ꝥ he ceap forstele oþþe forstolenne
gefeormie þonne sceal he be lx hyda onsacan þære þiefðe gif he
að-wyrðe bið.
(46) When a man charges another that he steals, or harbours
stolen cattle, then shall he deny the theft with lx hides if he
be oath-worthy.
Gif þonne Englisc onstal ga forð onsace þonne be twy-fealdum.
If, however, an English charge of theft[252] come forward, let
him then deny it with twice as many.
Public-domain text, read in full here on John Shaqi.
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