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
In this document the wealh is treated according to tribal principle
as a stranger in blood, both as regards recourse to the ordeal, and
the half-wergeld. And the word ‘wyliscne’ is used as the appropriate
adjective distinguishing the wealh from the Englishman. So that in this
case ‘wealh’ and ‘wylisc’ mean the same thing. Further, this evidence,
though later in date probably than King Alfred’s Laws, is practically
Wessex evidence, because, though the geographical position of the
Dun-setas is not accurately known, their connection with the West Saxons
is the one thing which is clear.[254]
Returning to the Laws of Ine, as the wergeld of the Wilisc man with five
hides was a half-wergeld of 600 scillings it might be supposed that the
ordinary Wilisc man’s would be a half-wergeld of 100 scillings. But it
was not exactly so, for, according to s. 32 above quoted, the Wilisc man
with one hide had a wergeld of 120 scillings, one with half a hide 80
scillings, one without any land 60 scillings.
In an isolated clause added to s. 23 a somewhat different statement is
made. The wealh gafol-gelda has the same wergeld as if he had a hide of
land, and the wealh theow the same wergeld as the Wilisc man without land.
[Sidenote: Various classes of wealhs and Wilisc men.]
Wealh gafol-gelda cxx scill. his sunu c. Ðeowne lx. somhwelcne
fiftegum. Weales hyd[255] twelfum.
(23) A wealh gafol-gelda cxx scillings, his son c: a theow lx:
some fifty: a wealh’s skin twelve.
That the theow of this passage is the ‘_wealh-theow_’ with a wergeld of
60 scillings is clear from sections 54 and 74, the first of which relates
to the ‘_Wilisc wite theow_.’
Wite-þeowne monnan Wyliscne mon sceal bedrifan be twelf hidum swa
þeowne to swingum. Engliscne be feower & þrittig hida.
(54) A Wilisc wite-theowman shall be followed up with twelve
hides like a theow to the scourging; an English with four and
thirty hides.
The wite-theow was a person who had once been free but from debt or
calamity had sunk into thraldom.
The English ‘wite-theow’ is dealt with thus in the Laws of Ine.
Gif wite-þeow Englisc-mon hine forstalie ho hine mon & ne gylde
his hlaforde. Gif hine mon ofslea ne gylde hine mon his mægum gif
hie hine on twelf-monðum ne aliesden.
(24) If a wite theow, an Englishman, steal himself away, let him
be hanged and nothing paid to his lord. If any one slay him let
nothing be paid to his kindred if they have not redeemed him
within twelve months.
His free kindred might ignore him if they liked: there was no need for
them to pay the wergeld of a kinsman who had forfeited his freedom.
Section 74 relates to the _theow-wealh_, but this term would seem to
apply to the case of the _wealh-wite-theow_.[256]
[Sidenote: The theow-wealh.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account