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
Looking to the payments themselves they are graduated for three classes
of læts. There were also, under Norse custom, three classes of leysings
gradually growing by successive steps towards a higher grade of freedom
as kindreds grew up around them and became more and more nearly perfect
till at last the ninth generation from the first freedman became fully
free. Why may not the three grades of Kentish læts have been doing the
same?
Let us compare the amounts of the payments for the slaying of the
three classes of Kentish læts with those for the three classes of Norse
leysings.
We have seen over and over again that the Kentish scilling regarded as
twenty sceatts was an ore or a Roman ounce of silver. Therefore the
Kentish payments, stated in ounces of silver, were as follows:--
Best class of læt 80 ounces of silver
Second class 60 ” ”
Third class 40 ” ”
The Norse ore was also in wheat-grains a Roman ounce of silver. The
wergelds of the three classes of leysings in the Norse laws were as
under:--
Frialsgiafi or newly made freedman 40 ores of silver
Leysing after making ‘freedom ale’ 60 ” ”
Leysinjia-son or highest rank of }
leysing whose great-grandfather } 80 ” ”
was a leysing[311] }
[Sidenote: And the wergelds similar.]
So that the wergelds of the three classes of Kentish læts corresponded
exactly in amount with those of the three classes of Norse leysings, when
reckoned both in silver.
We may further compare these payments for the Kentish læts with those
for the freedman of the nearly contemporary Bavarian laws. They are
stated in gold solidi of three tremisses, and the Kentish solidus was
of only two tremisses. We have seen that the Bavarian freedman was paid
for with forty solidi, _i.e._ sixty Kentish scillings. The payment thus
corresponded with that for the Kentish læt of the second class.
[Sidenote: The grades the result of growth of kindred.]
These correspondences are unexpected and very significant, but the
significance is made still more important by the clause in the Laws of
Wihtræd describing the position of the newly made freedman under Kentish
custom. The description of his position might almost be taken as a
description of the ‘frialgiafi’ or newly made leysing of the Norse laws.
Under Kentish law the freedman was to be folkfree, but ‘the freedom-giver
was to keep the heritage and wergeld and mund of his family, be he over
the march wherever he will.’ This was, as we have seen, almost exactly
the position of the Norse leysing before he had made his freedom ale. He
had as yet no kindred to swear and to fight for him. He was still under
the mund and protection of his lord. His descendants could only obtain
the protection of a kindred and become wholly free from the _thyrmsl_
of the lord, when in the course of generations a kindred had grown up
gradually around them.
Public-domain text, read in full here on John Shaqi.
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