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 Kentish mundbyrd of 50 Kentish scillings was one fourth of the
Kentish freeman’s wergeld if 200 Kentish scillings.
The Mercian mundbyrd of five pounds of silver was one fourth of the
Mercian wergeld of 1200 scillings of four pence, or twenty pounds.
The Wessex mundbyrd of five pounds would be one fourth of the Wessex
wergeld proper if the latter might be looked upon as the same as the
Mercian with the mundbyrd added.[317]
The Alamannic and Bavarian payments _pro fredo_ of 40 solidi were one
fourth of the Alamannic and Bavarian wergeld of 160 solidi.
And Brunner[318] and others consider that, although the payment _pro
fredo_ was sometimes an extra payment, the 200 solidi of the Frankish
wergeld equalled 160 solidi with one fourth added _pro fredo_.
Now, if instead of holding the Kentish freeman’s wergeld to be 200
Kentish scillings we were to take it to be the _medume_ wergeld of 100
scillings, we should destroy the correspondence of the King’s mundbyrd
with the wergeld, and make the mundbyrd half the wergeld instead of a
quarter: unlike what it was in the other laws. This hardly seems a likely
supposition.
[Sidenote: And also with payment for eye, hand, and foot.]
We get still further evidence if we compare the payments for the eye,
hand, and foot in the Kentish and Continental laws. We have seen that the
Kentish payment was 50 scillings, _i.e._ the same as the King’s mundbyrd
and one fourth of the wergeld of 200 scillings. In the Alamannic and
Bavarian laws and in those of the Chamavi the payment for these, like
the payment _pro fredo_, was one quarter of the freeman’s wergeld. In
the Frankish laws it was one half. But the reason of this is, not that
either the Frankish payment _pro fredo_ or the wergeld is less than in
other laws, but that the payment for the eye, hand, and foot is greater.
The Frankish payment for the eye, hand, or foot was 100 solidi of three
tremisses, _i.e._ half as much again as the Kentish freeman’s wergeld
would be if only 100 Kentish scillings of two tremisses; which again
seems unlikely.
At first sight the Wessex payments for the eye, hand, and foot present an
anomaly. The Wessex twelve-hynde wergeld of 1200 Wessex scillings of five
pence at a ratio of 1:10 corresponds, as we have seen, with the Frankish
freeman’s wergeld of 200 solidi. The payment for the eye, hand, and foot
in King Alfred’s Laws is 66⅔ Wessex scillings, _i.e._ only one eighteenth
of the twelve-hynde wergeld. But the explanation no doubt is that in
the Laws of King Alfred the payments for injuries are stated for the
_twyhynde_-man’s grade, those for the eye, hand, and foot being one third
of the twyhyndeman’s wergeld of 200 Wessex scillings.
[Sidenote: Kentish freeman’s wergeld most likely 200 Kentish scillings,
or 4000 sceatts.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account