It may be well to inquire first, what in the view of the writer took place, after the Conquest, when a Norman or stranger was killed, because this at once raises the question what should happen in the unavoidable absence of kindred.
Si Francigena qui parentes non habeat in murdro perimatur, habeat precium natalis ejus qui murdrum abarnaverit: Rex de hundreto ubi invenietur xl marc̄ argenti; nisi intra vii dies reddatur malefactor justicie regis, et talis de quo possit justicia fieri.…
(lxxv. 6) If a Norman (Francigena) be murdered who has no parentes, let that person have the price of his birth who made known the murder. The King to have 40 marks of silver from the hundred where he was found unless within 7 days the malefactor be delivered up to the justice of the King in such a way that justice can be had of him.…
Ad patrem vero, non ad matrem, generacionis consideracio dirigatur: omnibus enim Francigenis et alienigenis debet esse rex pro cognacione et advocato, si penitus alium non habeat.
(7) Consideration as to birth must be directed to the father, not to the mother, for the King ought to be in the place of maternal kindred (cognatio) and of advocate for the Norman or stranger if he absolutely have no other.
Si ex parte patris parentes non habeat qui occiditur, et ex parte matris habeat, quantum ad eum attinet, i. tercia pars weregildi sui reddatur.
(8) If he who is killed has no parentes on his father’s side and he has on his mother’s side, let what appertains to her, viz. one-third of his wergeld, be paid.
These clauses show that when a Norman or stranger was slain, in a certain way the king was to stand in the place of the absent kindred to see that justice was done.
The maternal kindred of the slain, if such were at hand, should receive the third of the wergeld which pertained to them, and so presumably the paternal kindred, if they alone were present, should take the two thirds pertaining to them, the king taking the share of the maternal kindred. In any case the right of the parentes was recognised when they were present.
When the slayer was a Norman.