Tribal Custom in Anglo-Saxon Law / Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'

by Frederic Seebohm

A die qua wera vadiata est in xxi diem, sine omni excusacione et dilacione, debet halsfang reddi, sicut premisimus.…

On the 21st day from the giving of the pledge, without any excuse or delay the halsfang should be paid, as we have said.…

Inde ad xxi diem reddatur ipsius manbota: tunc ad xxi diem fuytwhita: inde ad xxi diem reddatur ipsius were frumgildum, i. vii sol. et vi den. ad explecionem xx sol.

On the 21st day after that, is to be paid the manbot, then on the 21st day the fightwite, and then on the 21st day must be paid the frumgeld of the wergeld, i.e. 7s. 6d., to the completion of 20s.

Thus we learn that in the case of the twy-hyndeman the halsfang of 12s. 6d. and the frumgeld of 7s. 6d. make up the first 20s. of the wergeld of four pounds. The clause proceeds:—

Inde componat qui weram solvit, terminum de xx sol.: inde ponant terminum suum parentes mortui de xl ovibus, que pro xx sol. computantur: sint autem oves videntes et cornute, nulla parte corporis diminute: ultimo termino reddatur equus, qui pro xx sol. numerandus est. Hoc secundum legem et nostram consuetudinem diximus: differentia tamen weregildi multa est in Cancia villanorum et baronum.

After that he who pays the wergeld pays at another term 20s. Then the parentes of the dead fix a term for 40 sheep which are reckoned as 20s., but they must be sheep seeing and horned and deficient in no part of the body. At the last term a horse is given reckoned at 20s. This we have said according to law and our custom. There is, however, great difference in the wergeld of both villani and barones in Kent.

Thus both in the case of the twelve-hynde and the twy-hyndeman the halsfang is the first beginning of the wergeld, and whatever may be the exact meaning of the word, it is pretty evident that it was regarded as an admission of the wrong done and as a kind of earnest money that the rest of the wergeld would be paid.

But between the halsfang or earnest money and the making up of the first full instalment of the wergeld were the two other payments, the manbot and the fightwite.