Whether this innovation of King Edmund’s was adhered to the evidence of the Laws of Henry I. may lead us to doubt, but for our purpose the law making the innovation is evidence of the ancient solidarity of the kindred, the attempt to loosen which had become necessary in the tenth century.
How wergelds were to be paid.
A clause which follows shows that it was expected that wergelds would still be paid:—
Witan scylon fæhðe settan ærest æfter folc-rihte slaga sceal his for-specan on hand syllan ⁊ se for-speca magum ꝥ se slaga wille betan wið mægðe. þonne syþþan gebyred ꝥ man sylle þæs slagan for-specan on hand ꝥ se slaga mote mid griðe nyr ⁊ sylf wæres weddian. Ðonne he þæs beweddod hæbbe þonne finde he þærto wær-borh, þonne ꝥ gedon sy þonne rære man cyninges munde of þam dæge on xxi niht gylde man heals-fang. þæs on xxi niht manbote. þæs on xxi niht þæs weres ꝥ frum-gyld.
(7) The Witan shall appease feuds. First according to folkright the slayer shall give pledge to his forespeca and the forespeca to the kindred that the slayer will make bot to the kindred. Then after that it is requisite that security be given to the slayer’s forespeca that the slayer may in peace come near and himself give wed for the wer. When he has given wed for this let him find thereto a werborh. When that is done let the King’s mund be levied. Within 21 days from that day let the halsfang be paid. 21 days from that the manbot. 21 days from that the frumgeld of the wer.
Earlier statement of how wergelds were to be paid.
The further course of procedure is best given in the earlier fragment alluded to.
The werborh.
The fragment[235] is headed ‘How a twelve-hyndeman shall be paid for.’ It opens with the statement, ‘A twelve-hyndeman’s wer is twelve hundred scillings. A twy-hyndeman’s wer is two hundred scillings.’ And then it proceeds:—
Gif man ofslægen weorðe gylde hine man swa he geboren sy. And riht is ꝥ se slaga siþþan he weres beweddod hæbbe finde þærto wær-borh be þam þe þærto gebyrige ꝥ is æt twelf-hyndum were gebyriað twelf men to werborge, viii fæderen-mægðe ⁊ iiii medren-mægðe.