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
18. A priest clears himself by his own declaration in his holy
garments before the altar, saying ‘I speak the truth in Christ, I
do not lie.’ And so also does the deacon.
Cliroc feowra sum hine clænsie his heafod-gemacene ⁊ ane his hand
on wiofode oðre ætstanden að abycgan.
19. A cleric shall clear himself as one of four of his like; with
one hand on the altar, the others standing by and accompanying
the oath.
Gest hine clænsie sylfes aðe on wiofode swylce cyninges þeng.
20. A stranger (gest) shall clear himself by his own oath at the
altar, and in the same manner as a ‘King’s thane.’
Ceorlisc man hine feowra sum his heafod-gemacene on weofode ⁊
þissa ealra að sie unlegnæ.…
21. A ceorlisc man shall clear himself with four of his like at
the altar, and the oath of all these shall be unimpeachable.…
[Sidenote: Under clerical influence the single oath of the stranger to be
taken as good.]
These statements regarding oaths, like other laws of Wihtræd, betray
their ecclesiastical origin, and following directly after the imposition
of penalties for what may be called ecclesiastical sins, very difficult
of proof, seem to have been inserted with special reference to them.
They are interesting, however, as reminding us again that the system of
oath-helpers was not absent from Kentish custom.
Section 20 of this clause is also interesting, which places the
_stranger_ (gest)--may we not say the ‘King’s guest’?--in the same
position as the ‘King’s thane’ as to the validity of his single oath.
Both seem to be specially under the King’s protection: in the case of the
King’s thane, on account of his official or military position; in the
case of the stranger, probably because of the absence of his kindred.
The King being in the place of kin to the stranger, his single oath is
accepted.
These laws end with clauses referring to theft more or less closely
resembling those so prominent in King Ine’s Dooms.
[Sidenote: Clauses as to theft like those in Ine’s laws.]
They state that a thief slain as a thief was to be without wergeld. If a
freeman were caught in the act of thieving, the King might either kill
him, or sell him over sea, or release him on payment of his wergeld. He
who should seize and hold him was to be entitled to the half-wergeld, or
if he were put to death to seventy scillings. A man coming from far or a
foreigner, when off the public way, who should neither call aloud nor
blow a horn, was to be taken to be a thief, and put to death or redeemed
by a wergeld.
The last clause resembles Ine s. 20 so closely as to suggest a common
origin.
(Wihtræd, 28)
Gif feorran cumen man oþþe fræmde buton wege gange ⁊ he þonne
nawðer ne hryme ne he horn blawe for ðeof he bid to profianne
oþþe to sleanne oþþe to alysenne.
(Ine, 20)
Public-domain text, read in full here on John Shaqi.
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