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
[Sidenote: Mund-byrd of the King 50 scillings.]
Gif cyning his leode to him gehateð. ⁊ heom mon þær yfel gedo .ii.
bote. ⁊ cyninge .l. scillinga.
If the King call his _leod_ to him and any one there do them
evil, the bot is twofold and 50 scillings to the King.
Here are two distinct things. The bot is the payment to the person called
to the King. While thus in attendance any injury is to be paid for
twofold. The payment of fifty scillings to the King is the mund-byrd or
payment for breach of his protection or peace.
Clause 3 is as follows:--
Gif cyning æt mannes ham drincæð ⁊ þær man lyswæs hwæt gedo twi
bote gebete.
If the King drink at any one’s ‘ham’ and any one there does
something wrong, then let him pay twofold bot.
That is, the presence of the King at a subject’s house is the same thing
as the subject being in the King’s protection, and the bot for any wrong
done to the subject, while the King is there, is doubled.
Clause 4 enacts:--
Gif frigman cyninge stele .ix. gylde forgylde.
If a freeman steal from the King, let him pay ninefold.
It seems at first sight hardly likely that the Archbishop should be
compensated elevenfold and the King only ninefold, but as this is
repeated in the statement of the Kentish law in the fragment ‘Of Grith
and of Mund’ the text may be taken as correct.
Clause 5 enacts:--
Gif in cyninges túne man mannan ofslea .l. scill. gebete.
If a man slay another in the King’s tun, let him make bot with 50
scillings.
The bot here again is evidently the mund-byrd payable to the King for
breach of his protection, _i.e._ fifty Kentish scillings.
Clause 6 enacts:--
Gif man frigne mannan ofsleahð cyninge .l. scill to
drightin-beage.
If any one slay a freeman, 50 scillings to the King as
_drihtin-beag_.
Here again the payment is to the King, but in this case, if the word
is to be taken literally, it is not perhaps for breach of his peace,
but for the _killing of his man_. He claims it as his ‘drihtin-beag’ or
lord’s-ring. It is, to use the later Saxon phrase, the King’s manbot or
value to him of his man killed.
[Sidenote: King’s smith and outrider pay a _medume_ wergeld.]
Up to this point the question of wergeld has not been mentioned at all.
But in clause 7 is the following:[301]--
Gif cyninges ambiht-smið oþþe laad-rinc mannan ofslehð. meduman
leodgelde forgelde.
If the King’s _ambiht-smith_ [official-smith] or _laad-rinc_
[outrider] slay a man, let him pay a _medume leodgeld_.
Public-domain text, read in full here on John Shaqi.
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