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
The ceorl in this contrast is again a husbandman with a homestead and
household and with bireles and theows and hlafætas under his roof or
in his ‘ham.’ Wherever in the Kentish laws the word ‘ceorl’ is used in
any other sense, I think the meaning is confined to that of the married
man--the husband, as in the phrase ‘husband and wife.’
So regarded, the division for purposes of mund-byrd into eorlisc and
ceorlisc classes was natural, and so also, for purposes of wergeld, was
the distinction between eorl and freeman. As regards the wergeld, we may
consider the terms ceorl and freeman as practically interchangeable,
inasmuch as every ceorl was certainly a freeman, and the unmarried
freeman was probably a cadet or member of the household of some eorlisc
or ceorlisc man.
* * * * *
Continental society included everywhere, as we have seen, such classes
as the Roman liti and liberti composed of strangers and freedmen who
had not so far risen in the social scale as to have fully recognised
rights of inheritance and whose wergeld never was of the same amount as
that of the full freeman. It is in connection with such classes that the
tribal distinction of blood came in. If for the full freeman we were to
substitute the word _tribesman_, with all the background of hyndens of
kinsmen to fight and to swear for him involved in the term, then from the
same point of view we must expect to find in Kent, as everywhere else,
strangers in blood below the tribesmen, like the aillts and alltuds and
taeogs of the Cymric Codes, the fuidhirs of the Brehon Laws, if not the
liberti and liti of the Gallo-Romans, or, perhaps still more nearly to
the point, the leysing classes of the Norse Laws.
[Sidenote: The Kentish freedman and læt resembled the Norse leysing.]
We have already found incidental mention of the Kentish freedman. He
cannot after enfranchisement have been classed as an esne or a theow.
There would seem to be no other class mentioned to which he could belong,
unless it might be that of the læts of Ethelbert’s Laws.
It is worth while, therefore, to recur to the single clause in
Ethelbert’s Laws already quoted respecting the læts and to examine it
more closely. Within the compass of its few words there may perhaps be
found evidence connecting the status of the Kentish læt with what we have
learned of the status and conditions of the Norse leysing.
26. If a man slay a læt of the best class, let him pay 80
scillings; if one of the second class, let him pay 60 scillings;
of the third, let him pay 40 scillings.
The clause does not mention to whom the payments are to be made, whether
to the læt himself or, as in the case of the freedman, to his late owner
or lord. But the payments are not called leodgelds as are the wergelds of
freemen.
[Sidenote: Three classes in both cases.]
Public-domain text, read in full here on John Shaqi.
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