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
[Sidenote: Kentish clauses meant to modify the previous rule: which may
have been the half-wergeld of 300 and 100 scillings.]
Returning to the Kentish clauses and assuming that their direct intention
was to modify previous custom, we are now in a position fairly to judge
what the _previous_ rule may have been.
Reasoning from the analogy of other laws, it seems most likely to have
been to make the owner pay a half-wergeld of the person slain and hand
over the esne for the other half--the stage of custom reached in the
Ripuarian Laws and Salic Laws of Codex I.
And if this were in fact the former custom previous to the enactment in
these clauses, then without departing from the correct literal reading
of the text it may be that the words in the parenthesis in each clause
may refer, not to the eorlcundman’s or the freeman’s wergild--the word
‘_leod_-geldi’ is not used--but to the amount hitherto payable in the
particular case of a man slain by an esne. The 300 and 100 scillings may
be the _half_-wergeld hitherto payable, instead of which thenceforth the
owner of the esne is to pay three manworths or one manworth in addition
to handing over the esne.
If previous to the innovation the eorlcundman had been paid for in such
a case with three hundred shillings and the freeman with one hundred, the
words in their strictly correct literal meaning might perhaps rightly be
read thus:--
If any one’s esne slay an eorlcundman, one who _is_ [now] paid
for at three hundred scillings, let the owner [in future] give up
the slayer and add _three_ manworths [of the esne] thereto.
If anyone’s esne slay a freeman, one who _is_ [now] paid for at
_one_ hundred scillings, let the owner [in future] give up the
slayer and add one manworth [of the esne] thereto.
This reading of the clauses, putting emphasis upon what is _now_ the gild
(þane ꝥ sie)--the _three_ and the _one_ hundred scillings--in contrast
with what the owner has in future to do, _i.e._ pay _three_ manworths
and _one_ manworth instead of the _three_ hundred and _one_ hundred
scillings in addition to the handing over of the esne--seems to me more
than any other rendering to account for the insertion of the parenthesis
stating the amounts payable for the eorlcundman and freeman. If the
word _leod-gylde_ had been used it might have been different. But I am
informed on the best authority that the words _gylde_ and _gelde_ in the
two clauses are not substantives but used in an adjectival sense, and in
this case they would apply to a half-wergeld payable as correctly as to a
whole one.
[Sidenote: Was 100 scillings the half-wergeld and so the medume wergeld
of King Ethelbert’s laws?]
Public-domain text, read in full here on John Shaqi.
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