The English and Danish typical freeman of this clause with his 25 lb. wergeld is clearly recognised in these so-called laws as the twelve-hyndeman and not the twyhynde man, who, though free, is identified with the ‘villanus.’
Wife still belongs to her own kindred in respect of wergeld.
In further sections of this clause regarding Wessex customs very important statements are made with regard to the position of the wife in case of homicide, showing (1) that if she committed homicide her own kindred were responsible for her crime and not her husband or his kindred; and (2) that in case of the murder of a wife the wergeld went to her kindred and not to the husband or his kindred. In s. 12 of this clause is the following statement:—
Similiter, si mulier homicidium faciat, in eam vel in progeniem vel parentes ejus vindicetur, vel inde componat: non in virum suum, seu clientelam innocentem.
Likewise if a woman commits homicide let it be avenged on her or on her children or parentes or paid for from that side, not on her husband, or innocent connections.
And in s. 13:—
Si mulier occidatur, sicut weregildum ejus est reddatur, ex parte patris, sicut observamus in aliis. (14) Si pregnans occidatur et puer in ea vivat, uterque plena wera reddatur. Si nondum vivus sit, dimidia wera solvatur parentibus ex parte patris.
If a woman be killed, whatever be her wergeld, let it be paid ex parte patris just as we have said in other cases. (14) If a pregnant woman be killed and her child be living let the full wergeld of both be paid. If not yet living let half a wergeld be paid [for it] to the parentes ex parte patris, [of the child].
The position of the wife under Wessex custom is further shown by the following:—