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: Mund-byrd of the King still 50 scillings and of the ceorl 6.]
Thus we have again the mund-byrds of King Ethelbert’s Laws:--
Of the King 50 scillings.
Of the ceorl 6 scillings.
The crime of killing another in a drinking bout is a breach of the _mund_
of the owner of the ‘flet’ as well as a breach of the peace of the King.
V. THE LAWS OF KING WIHTRÆD, A.D. 690-696.
One more chance remains for further information regarding Kentish
wergelds, viz. in the ‘Laws of King Wihtræd,’ who became King of the
Kentish men about A.D. 690 and, according to Bede, died A.D. 725. A
century had passed since the Laws of Ethelbert were enacted, in the time
of St. Augustine. Brihtwald was now Archbishop of Canterbury, and at an
assembly of Church and people ‘the great men decreed, with the suffrage
of all, these dooms, and added them to the lawful customs of the Kentish
men.’ These laws are mainly ecclesiastical both in their origin and
subject.
[Sidenote: Mund-byrd of King and Church both 50 scillings, and so no
change in the Kentish currency.]
In the first two clauses the Church was declared to be ‘free from
gafols,’ and the mund-byrd of the Church was declared to be the same
as the King’s, viz. fifty scillings--as in Ethelbert’s Laws. There is
therefore no marked change in the Kentish currency, though by this time
it must have been almost entirely silver so far as any Kentish coinage
was concerned.
Clause 5 introduces us for the first time in the Kentish laws to the
distinction between the _gesithcund_ and _ceorlisc_ classes.
Gif þæs geweorðe gesiðcundne mannan ofer þis gemot ꝥ he unriht
hæmed genime ofer cingæs bebod ⁊ biscopes ⁊ boca dom se ꝥ gebete
his dryhtne .c. scill. an eald reht. Gif hit ceorlisc man sie
gebete .l. scill.…
When it happens to a gesithcundman after this gemot that he
enters into unlawful marriage against the command of the King and
the bishop and the book’s doom, let him make bot for it to his
lord with 100 scillings according to ancient law. If he be a
_ceorlisc_ man, let him make bot with 50 scillings.…
It would not do to conclude from this single allusion to gesithcund
and ceorlisc men that the Kentish division of classes--eorlisc and
ceorlisc--had given way before the Wessex division of classes--gesithcund
and ceorlisc.
There had been no interval between this and the last set of Kentish laws
long enough to have made likely any radical change in social conditions,
and as the ‘ancient law’ alluded to was probably ecclesiastical and not
especially Kentish, either in its origin or its terms, it would not
be wise to build anything upon the use of the word ‘gesithcund’ beyond
recognising the natural tendency of neighbouring peoples under the same
ecclesiastical influence to approximate in phraseology especially in
regard to matters of general ecclesiastical interest.
Public-domain text, read in full here on John Shaqi.
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