If a slave Waliscus kills an Englishman he whose slave he is ought to give him up to the lord and the parentes or pay xls. [? of 5d.] for his life. If he does not choose to pay this for his head let him set him free; then afterwards let his parentes pay his wergeld if he has free relations. If not let them regard him as an enemy. No freeman is to be compelled to join in payment with a slave unless he wishes to make satisfaction for him nor a slave with a freeman.[214]
Manbot of Wessex slave.
Thus while under the Danelaga the equal manbot of the villanus and of the socheman was 12 ores or 240d., we learn from these clauses that the manbot of the ordinary slave under Wessex custom was 20s. i.e. (if of 5d.) 100 pence, while that of the twy-hyndeman was, as we have seen, only 150 pence.
At first sight it may seem strange that the manbot or value to the lord of his villanus or socheman should be no greater, or even less, than that of his theow or slave. But a moment’s consideration will show that the value of the villanus and the socheman to the lord was mainly their week-work and services amounting to perhaps half their whole time, while that of the slave or theow was the value of his whole time and also that of a marketable chattel.
It may be noticed, too, how in the statements of Wessex custom some slight recognition is made of the kindred of the slave, but the amount (40 pence) is so very small that it hardly can be reckoned as any real approach to recognition of family rights or rights of kindred belonging to the relatives of the slave.
In the ‘Laws of William the Conqueror’ the manbot of the slave is stated (perhaps in error) to be twice that of the freeman, and in the case of freemen a concession is made of 10s. of the wergeld to the widow of the slain, who otherwise, not being of the same blood or kindred with her husband, would under tribal custom have received no part of the wergeld.
Si quis convictus vel confessus fuerit in jure, alium occidisse, dat were suum, et insuper domino occisi, manbote, scilicet, pro homine libero x sol. pro servo xx solid.
(s. vii.) If any one shall have been convicted of or have confessed the slaying of another, let him give his wergeld and over and above to the lord of the person slain, manbote: that is, for a freeman xs. [? of 5d. or 12d.] for a servus xx shillings.
Est autem were theni in Merchenelahe xx libr.; in Westsaxenelahe xxv libr.; rustici autem c solid. in Merchenelahe, et similiter in Westsaxenelahe.