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
Thus in England, as elsewhere, we may easily believe that the gulf
between classes resulting from tribal instincts and confirmed by
difference in wergelds was hardened and widened by the conditions of
landholding in the conquered country, which tended to raise the one class
more and more into manorial lords and depress the other into more or
less servile tenants. The Compact between Alfred and Guthrum affords the
strongest evidence that already in King Alfred’s time the process was far
enough advanced for a pretty hard line to be drawn between them.
VII. COMPARISON OF WESSEX AND MERCIAN WERGELDS WITH THOSE OF CONTINENTAL
TRIBES.
Before passing from the Wessex to the Kentish laws it may be well to mark
the position to which the evidence hitherto examined has brought us with
regard to the amount of the wergelds.
[Sidenote: Continental wergelds of 200 and 160 gold solidi for the full
freeman.]
We have had again and again to come back to the question of the status of
the twelve-hynde and twy-hynde classes as shown by their wergelds. By the
Compact between King Alfred and Guthrum the English wergelds were brought
into line with Norse and other Continental wergelds. The statement of the
higher wergeld in gold made possible a comparison of the Anglo-Saxon with
Continental wergelds.
The result of the inquiry into the Continental wergelds of the
full freeman was that they seemed to fall very distinctly into two
classes--the Frankish and Norse wergeld of 200 gold solidi, on the
one hand, and the Frisian, Saxon, Alamannic, Bavarian, and possibly
Burgundian wergeld of 160 gold solidi on the other hand.
The ratio between these two wergelds is as 5:4.
Now, this is exactly the ratio between the two twelve-hynde wergelds of
the Anglo-Saxon laws, _i.e._ of Wessex and of Mercia. Both were of 1200
scillings, but the Wessex scilling was of five pence and the Mercian of
four pence.
[Sidenote: The Wessex and Mercian wergelds ancient.]
Finding twelve-hynde and twy-hynde wergelds in the Laws of Ine, we seem
to be bound to regard the distinctions between the two classes as going
back to a time two centuries at least before the inroads of the Northmen.
Public-domain text, read in full here on John Shaqi.
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