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
(3) If a King’s thane be charged with man-slaying, if he means to
clear himself by oath, let him do it with twelve King’s thanes,
and if a lesser man than a King’s thane be charged, let him clear
himself with eleven of his like and with one _King’s thane_.
We have seen that the King’s thane is mentioned in the Laws of Ine
(s. 45), and that his social position was much higher than that of
the ordinary _gesithcundman_. The bot for his _burg-bryce_ was sixty
scillings--_i.e._ halfway between that of the ealdorman at eighty
scillings and that of the gesithcundman having land at thirty-five
scillings.
The King’s thane’s oath seems, then, to be what is meant by the King’s
oath of thirty hides in the Laws of Ine. But the King’s thane’s oath
of thirty hides being the oath of a class higher than that of the
gesithcundman, how is it that the oath of the latter could be a 120 hide
oath?--_i.e._ worth four times as much as that of his superior, the
King’s thane.
At first the two statements seem to clash, but on reflection a spark of
light seems to come from the collision. The King’s thane’s oath in this
case is only _one oath in the hynden of twelve_ oath-helpers supporting
the twelve-hynde or twy-hynde man. When a King’s thane was himself
charged with man-slaying the later law declares that he must clear
himself with twelve King’s thane’s oaths. The full oath of the whole
hynden, himself and his co-swearers, would therefore be equivalent to an
oath of 360 hides--_i.e._ worth three times the 120 hide oath of--may
we not now say?--the twelve oath-helpers forming the _hynden_ of the
gesithcundman.
[Sidenote: The single oath of the twelve-hyndeman was of 10 hides.]
The King’s thane’s official position was sufficient to justify the
threefold value of his oath and that of the several oaths of his hynden.
And if the 120 hide oath of the twelve-hyndeman be the full oath of
himself and his hynden of oath-helpers, then his single oath would be a
ten hide oath, which is much more within reason. The analogy would be
complete were it not for the necessity of including in the hynden of the
gesithcundman a King’s thane’s oath of thirty hides; but this may have
been an afterthought. The mention of it in the law of Ine is in itself
presumptive evidence that it was a new and an additional requirement
beyond what Wessex custom had originally required.[258]
[Sidenote: The oath of himself and oath-helpers was of 120 hides.]
So far, then, it seems to be pretty clear that the 120 hide oath of the
twelve-hyndeman was the twelvefold oath of himself and his hynden of
oath-helpers, each of whose single oaths was, like his own, a ten hide
oath.
[Sidenote: The oath-helpers were kinsmen.]
Public-domain text, read in full here on John Shaqi.
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