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
Liebermann would insert the word ‘man’ after ‘gif’ and so read this
clause as stating the wergeld of the King’s smith and laadrinc-man when
_slain_ to be a ‘medume wergeld’ (mittleres wergeld). But the clause is
complete as it stands without the insertion of ‘man,’ and, read as it
is, means that the smith and the outriders of the King, if they slay a
man, are to pay a ‘medume leodgeld.’ But what does this mean? The word
_medume_ was translated by Wilkins by ‘moderata.’ Thorpe read the phrase
as meaning ‘a _half_ wergeld;’[302] Schmid as a ‘fit and proper’ one; and
Liebermann would take it to refer to the wergeld of a person of middle
rank or position. We must leave the true meaning for the present in doubt.
[Sidenote: Reason why not a full wergeld. Their dangerous work.]
Apart from the amount of the wergeld, if we would understand this
passage we have surely first to consider for what reason these two
royal officials should be singled out from all others and made liable
to pay wergelds. The inference must be that in the performance of
their duties they were peculiarly liable to injure others. The King’s
smith in his smithy forging a weapon, and the outrider forcing a way
for the King through a crowd, might very easily through carelessness
or in the excitement of work cause the death of another. The necessity
apparently had arisen to check their action by making them liable to pay
a wergeld.[303] But the wergeld was not to be the usual one. It was to be
a ‘medume leodgelde.’
For the present the exact meaning may be left open, but whether the
true reading be a half-wergeld or not, the inference seems to be
that a _full_ wergeld was not to be paid. Probably it had come to be
recognised that a person engaged in a specially dangerous trade could
not be held responsible to the same extent as in the case of an ordinary
homicide.[304] These considerations are important, because the ‘medume’
wergeld will again claim notice and every hint is valuable when, as in
the case of these laws, we have only hints to guide us.
In Clause 8, the King’s mund-byrd is declared to be fifty scillings; and
the next two clauses relate to injuries done to the King’s servants.
[Sidenote: Bots for harm done to King’s servants.]
Gif man wið cyninges mægden-man geligeð .l. scillinga gebete.
10. If any one lie with a King’s maiden, let him pay a bot of 50
scillings.
Gif hio grindende þeowa sio .xxv. scillinga gebete. Sio þridde
.xii. scillingas.
11. If she be a grinding slave, let him pay a bot of xxv
scillings. The third [class] xii scillings.
Cyninges fed-esl .xx. scillinga forgelde.
12. Let the King’s _fed-esl_ be paid for with xx scillings.
These bots are evidently payable to the King for injuries done to him by
abuse of his servants of different grades. They were not wergelds.
We have now done with these bots to the King, and the laws turn to
consider injuries done and bots due to the _eorl_.
Public-domain text, read in full here on John Shaqi.
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