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
A man lends weapons to another who is engaged in a brawl, and the
question arises how far he is to be responsible for what happens in
the brawl. In the case dealt with in these clauses two things are
involved--the lending of the weapons and the joining thereby in the
fray. In the later laws there are provisions for both points. Under King
Alfred’s laws (s. 19) the man who lends his weapon to another who kills
some one therewith has to pay at least one third of the wergeld unless he
can clear himself from evil intention.
Under Ine’s laws (s. 34) a man who joins in a fray in which someone is
killed, even if he can clear himself from the slaying, has to pay as
bot (_gebete_) one fourth of the wergeld of the slain person whether
twy-hynde or ‘dearer born.’ Under Alfred (29 to 31) the actual slayer
has to pay the wergeld, and in addition each of the others in the fray
has to pay as ‘hloð-bote’ 30 scillings for a twy-hynde man, 60 for a
six-hynde, and 120 for a twelve-hynde man.
These later precedents may materially help us in the understanding of the
Kentish clauses.
Clauses 18 and 19 make the lender of the weapon pay a bot of six
scillings though no evil be done or only street robbery occur.
Clause 20 provides for the case in which the man to whom he lent the
weapon was slain, and in this case the bot is raised to twenty scillings.
[Sidenote: The lender pays a _medume_ wergeld for person slain.]
Clause 21 seems to deal with the case of some one else being slain, and
makes the lender liable to pay a bot of a ‘medume leod-gild’ of 100
scillings for mixing in the fray. It would be natural that the bot should
be greater if another was slain than if the man to whom he lent the
weapons had been slain. And if the later precedents are to guide us, the
bot of a ‘medume wergeld’ should not in amount equal the whole wergeld
but only a proportion of the wergeld. If the bot of 100 scillings might
be considered as equal to a _half_-wergeld we should gain a clue to what
the whole wergeld might be. And this would be a tempting inference. But
we are not, it seems, as yet warranted in making it. We must therefore at
present content ourselves with the conclusion that the ‘medume wergeld’
cannot mean a whole wergeld, otherwise the lender of the weapon would pay
as _bot_ as much as the wergeld would be if he had killed the man himself.
Clause 22 makes 20 scillings payable at the open grave and the whole leod
in forty nights. It refers apparently to the actual slayer’s liability
to pay the whole wergeld (_ealne leod_); and finally clause 23 states
that if the slayer depart from the land his kindred shall pay _half_
the wergeld of the slain person. We are not told to whom the bot of the
‘medume wergeld’ of 100 scillings was to be paid, nor whether it was to
be a part of the wergeld or additional to the ‘ealne leod’ paid by the
actual slayer. The later laws, as we have seen, afford precedents for
both alternatives.
Public-domain text, read in full here on John Shaqi.
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