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
Gif þeow-wealh Engliscne monnan ofslihð þonne sceal seþe hine ah
weorpan hine to honda hlaforde ⁊ mægum oþþe lx scill. gesellan
wið his feore. Gif he þonne þone ceap nelle fore gesellan þonne
mot hine se hlaford gefreogan gielden siþþan his mægas þone wer
gif he mæg-burg hæbbe freo. Gif he næbbe hedan his þa gefan. Ne
þearf se frigea mid þam þeowan mæg-gieldan buton he him wille
fæhðe of-aceapian ne se þeowa mid þy frigean.
(74) If a _theow-wealh_ slay an Englishman, then he who owns
him shall deliver him up to the lord and the kindred or give 60
scillings for his life. But if he will not give that sum for him,
then must the lord enfranchise him. Afterwards let his kindred pay
the wer if he have a free _mæg-burh_. If he have not let his foes
take heed to him. The free need not pay ‘mæg-bot’ with the theow
unless he be desirous to buy off from himself the feud: nor the
‘theow’ with the free.
This clause is repeated in the so-called Laws of Henry I. c. lxx., but
the amount named is 40 scillings instead of 60 scillings. Sixty scillings
is double the manbot of the twy-hynde man in s. 70 of Ine’s Laws, and it
may be the double value of the wealh-theow to his lord.
V. THE TWELVE-HYNDE AND TWY-HYNDE MEN AND THEIR HYNDENS OF OATH-HELPERS.
[Sidenote: The meaning of twelve-hynde and twy-hynde.]
The silence of the Dooms of Ine upon some of the most important matters
relating to ancient custom is no doubt disappointing, but their position
as almost our only direct evidence of the customs of Wessex for the first
two or three centuries after the conquest of Britain gives to every
hint a value. Some of the clauses are so isolated that if we could not
approach them with light from other sources we should lose the right clue
to their meaning. It is only by following the course we have adopted
of working backwards from the known to the unknown that we can rightly
interpret some of the clauses by reading into them some things not
directly mentioned by them.
And yet if we try to understand such a fundamental matter as the meaning
of the division of classes into _twelve-hynde_ and _twy-hynde_[257] it is
to the Dooms of Ine that we must go.
[Sidenote: Connected with the system of oath-helpers.]
It is in these Dooms that the meaning of the words twelve-hynde and
twy-hynde is most clearly connected with the system of compurgation and
the oaths of the oath-helpers. It is moreover in these Dooms that at
first sight the mystery is made still more mysterious by the statement of
the value of the oaths in so many hides.
[Sidenote: Value of oaths in hides.]
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