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: Kindred liable for half the wergeld and slayer for the other
half.]
Another point of interest arises from the last clause. In the absence
of the slayer his kindred had to pay only a half wergeld (_healfne
leod_). Does this justify the inference that in all cases of wergelds the
liability of the kindred was confined to one half? It will be remembered
that in the so-called ‘Canones Wallici’ (_supra_, p. 109), if the slayer
had fled, the _parentes_ of the slayer had fifteen days allowed for their
payment of one half or flight from the country. And only when they had
paid their share could the slayer return and make himself safe by paying
the other half--the ‘medium quod restat.’ It seems not unlikely that in
the Kentish case also ecclesiastical influence had limited the liability
of the kindred to the half-wergeld.
Clauses 25 and 26 are important, and we shall have to recur to them.
[Sidenote: The three grades of læts.]
Gif man ceorlæs hlaf-ætan ofslæhð .vi. scillingum gebete.
25. If any one slay a ceorl’s hlafæta, let him make _bot_ with vi
scillings.
Gif læt ofslæhð þone selestan .lxxx. scill forgelde. Gif þane
oðerne ofslæhð .lx. scillingum forgelde. þane þriddan .xl.
scillingum forgelden.
26. If [any one] slay a _læt_ of the best class, let him pay lxxx
scillings; of one of the second, let him pay lx scillings; of the
third, let him pay xl scillings.
To these three grades of læts we shall have to return when we sum up the
evidence on the division of classes.
[Sidenote: Edor-breach.]
Next follow three clauses upon edor-breach. The first relates to the
breach by a freeman of the enclosure or precinct presumably of a freeman,
the penalty being the same as the ceorl’s _mund_. The second imposes a
threefold bot upon theft from within the precinct. And the third refers
to a freeman’s trespass over the edor or fence.
Gif friman edor-brecðe gedeð vi scillingum gebete.
27. If a freeman commit edor-breach, let him make bot with vi
scillings.
Gif man inne feoh genimeð se man iii gelde gebete.
28. If any one take property [? cattle] from within, let him pay
a threefold bot.
Gif fri-man edor gegangeð iv scillingum gebete.
29. If a freeman trespass over a fence, let him make bot with iv
scillings.
After these clauses about _edor-breach_ is the following:
Gif man mannan ofslea agene scætte. ⁊ unfacne feo gehwilce gelde.
30. If a man slay another, let him pay with his own money
(scætte) and with any sound _feo_ [cattle].
Gif friman wið fries mannes wif geligeð his wer-gelde abicge ⁊
oðer wif his agenum scætte begete. ⁊ þæm oðrum æt þam gebrenge.
31. If a freeman lie with a freeman’s wife, let him pay his
wergeld, and another wife obtain with his own scætte and bring
her to the other.
[Sidenote: Bots for injuries. For eye, hand, or foot 50 scillings.]
Public-domain text, read in full here on John Shaqi.
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