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
Then follow chapters relating chiefly to injuries done and wounds
inflicted, and the bots payable to the person injured for the same. It
is not needful to mention more of these than the most important one,
viz. that for the destruction of an eye, hand, or foot. The bots for all
these in most other laws were alike. In Ethelbert’s Laws the bot for
each of the three is fifty scillings, which happens to be the same as the
mund-byrd of the King.
After the clauses for injuries there are several relating to women.
[Sidenote: Injuries to women.]
Gif fri wif locbore les wæs hwæt gedeþ xxx scll gebete.
73. If a lock-bearing free wife does wrong, xxx scillings bot.
Mægþbot sy swa friges mannes.
74. The maiden-bot is like a freeman’s.
Mund þare betstan widuwan eorlcundre l scillinga gebete. Ðare
oþre xx scll, ðare þriddan xii scll. þare feorðan vi scll.
75. The mund of the best eorlcund widow is a bot of l scillings.
Of the second rank xx scillings, of the third xii scillings, of
the fourth vi scillings.
Gif man widuwan unagne genimeþ, ii gelde seo mund sy.
76. If a man carry off a widow not in his mund, her mund shall be
twofold.
The clause relating to the mund of the four grades of apparently eorlcund
(?) widows does not help us much to an understanding of what the grades
of Kentish society may have been. But it emphasises a remarkable trait
of these laws of Ethelbert. Every class is divided in these laws into
grades. The clergy are divided into grades from bishops to clerks. The
female servants of the King’s household are divided into three classes,
and so are the servants of the ceorl’s household. The læts are divided
into three classes. And now the widows, whether all eorlcund or not, are
divided into four classes for the purpose of their mund. The significance
of these divisions will be apparent hereafter. In the meantime the mund
is probably the amount to be paid by a second husband to the parents or
kindred of the widow.
Passing from the mund of the widow, the following clauses throw some
light upon the position of the wife under Kentish custom.
[Sidenote: Position of a wife under Kentish custom.]
Gif mon mægþ gebigeð, ceapi geceapod sy gif hit unfacne is. Gif
it þonne facne is ef þær æt ham gebringe ⁊ him man his scæt agefe.
77. If any one buy a maid, let the purchase stand if without
guile. But if there be guile, let him bring her home again and
let them give him his money back.
Gif hio cwic bearn gebyreþ, healfne scæt age gif ceorl ær swylteþ.
78. If she bears a living child, let her have half the property
if the husband die first.
Gif mid bearnum bugan wille healfne scæt age.
79. If she wills to go away with her children, let her have half
the property.
Gif ceorl agan wile swa an bearn.
80. If the husband wills to have [them], [let her have] as one
child.
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