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
In the Lex Salica the same rule was at first applied to the case of
homicide by a slave or læt. A half-wergeld was to be paid and the slave
or læt handed over for the other half.[309] This was the rule according
to the Codex I. But in the later Codices, VII. to X., and in the ‘Lex
Emendata,’ the lord, if innocent, was allowed to get off altogether
from the half-wergeld and had only to give up the slave or the læt.
This further innovation seems to have been connected with the Edict of
Chilperic (_circ._ A.D. 574) and thus probably represented the result of
ecclesiastical influence at very nearly the date of the earliest Kentish
laws.
[Sidenote: In the Canons of sixth century the slave was to be given up
and another besides.]
We have only to recur to the Canons of the Celtic Church of Brittany
and South Wales of the sixth and seventh centuries, considered in the
earlier part of this volume, to recognise the hand of the Church in these
innovations upon earlier tribal custom. They extended to Celtic as well
as to German districts. In Canon 5 of the so-called ‘Canones Wallici’ the
rule was laid down that ‘if any master should permit his slave to carry
arms, and the slave killed a freeman, the owner must hand over the slave
and another besides’ (_supra_, p. 108).
The half-wergeld here is omitted altogether, and, as in the case of the
Kentish freeman, two slaves are to be given up instead of one.
[Sidenote: In the Burgundian Law slave to be given up and the owner to be
free.]
These Canons were nearly contemporary with the later Kentish laws, and
the same stage of innovation seems to have been reached in both. A still
further and final stage had been reached in the Burgundian Law already
quoted (_supra_, p. 124) in which in the case of homicide by a slave,
unknown to his master, the slave was to be delivered up to death and the
master was to be free from liability. The _parentes_ of the slain person
were to get nothing, not even the slave, ‘because, as we enact that the
guilty shall be extirpated, so we cannot allow the innocent to suffer
wrong.’ The whole process of change had taken place in the Burgundian
district by the sixth century. But it would seem that in Kent the middle
stage only had been reached at the date of the laws of Hlothære and
Eadric.
Evidence that the further stage had at last been reached in Anglo-Saxon
law is perhaps to be found in the nearly contemporary law of Ine (s.
74) which enacts that if a _theow-wealh_ slay an Englishman, the owner
shall deliver him up to the lord and the kindred or give sixty scillings
for his life. Here no further manworths are required. But possibly the
peculiar position of the _theow-wealh_ may have something to do with
it, so that we ought not perhaps to assume as certain that the clause
represented a still further general innovation upon tribal custom beyond
that described in the Kentish clauses.
Public-domain text, read in full here on John Shaqi.
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