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
At the same time the mention of 100 scillings, if the payment be a
_half_-wergeld, may help to an understanding of the _medume_ leodgeld
of 100 scillings mentioned in Ethelbert’s Laws. It suggests that the
_medume_ wergeld was a modified or middle one which, like the _medium_
werigeldum and _medium_ precium of the mediæval Latin of the Alamannic
and other laws, had come to mean a _half_ one. Perhaps, after all, if
we recognise clerical influence in the framing and modification of the
Kentish laws, the translation of the Latin ‘_medium werigeldum_’ by the
Anglo-Saxon ‘_medume leodgeld_’ is not very unnatural.
Before we leave the laws of Hlothære and Eadric there are one or two
further clauses worth notice.
[Sidenote: System of oath-helpers.]
Clause 5 reminds us that, though scarcely mentioned in these laws, the
system of compurgation was in force. A freeman charged with a crime has
to clear himself by the oaths of a number of ‘free æwda-men.’
Clause 6 makes mention of the protection of a woman by her kindred:--
[Sidenote: Position of the wife.]
Gif ceorl acwyle be libbendum wife ⁊ bearne riht is ꝥ hit ꝥ bearn
medder folgige ⁊ him mon an his fædering-magum wilsumne berigean
geselle his feoh to healdenne oþþæt he .x. wintra sie.
6. If a husband (ceorl) die wife and child yet living, it is
right that the child follow the mother: and let that sufficient
guardian be given to him [the child] from among his paternal
kinsmen to keep his property [cattle?] till he be ten winters old.
These clauses, unimportant perhaps in themselves, are useful as showing
that behind the silence of the laws tribal custom still lingered on,
however seldom and slightly it might be brought into evidence as fresh
circumstances might suggest new clauses.
[Sidenote: Mund-byrds unchanged.]
There are also some clauses which are useful as showing the continuance
of the mund-byrds of king and ceorl of King Ethelbert’s Laws, unchanged
in amount, a century later.
By s. 11, if a man uses abusive words to another in any one’s ‘flet,’
‘let him pay one scilling to him who owns the “flet” and six scillings
to him to whom he said the words and twelve scillings to the King.’ So
also in s. 12, one scilling is to be paid to the owner of the ‘flet,’
six scillings to the person wronged, and twelve scillings to the king.
The six scillings to the person insulted or wronged is the _mund_ of the
freeman or ceorl. Lastly, in s. 13 in case of a slaying in a drinking
bout:--
Gif man wæpn abregde þær mæn drincen ⁊ þær man nan yfel ne deð
scilling þan þe ꝥ flet age ⁊ cyninge xii scill.
If a man draw a weapon where men are drinking and no harm be
done, then a scilling to him who owns the flet and xii scillings
to the King.
Gif ꝥ flet geblodgad wyrðe forgylde þem mæn his mund-byrd ⁊
cyninge l. scill.
If the flet be stained with blood, let him pay to the man [who
owns the flet] his mund-byrd and 50 scillings to the King.
Public-domain text, read in full here on John Shaqi.
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