Where there is no concealment, the kindred of the thief must swear that there shall be no vengeance on him for delivering up the thief.
Se [þe] þeof gefehð [he] ah x. scill. ⁊ se cyning þone þeof ⁊ þa mægas him swerian aðas unfæhða.
(28) He who seizes a thief shall have ten scillings and the king the thief; and let the kindred [of the thief] swear to him oaths of ‘unfæhthe.’
If the man who had seized the thief let him go he was liable to pay ‘wite’—and if, as we have seen, an ‘ealdorman’ did so it was at the risk of losing his ‘shire.’
Theft seems to have been an increasing crime, for further on in Ine’s Laws there are repetitions of some of these clauses, with slight additions, showing that the Dooms of Ine were added to from time to time (s. 35 and s. 27).
The ceorlisc and the gesithcund classes.
We have seen how severe a penalty was attached to the crime against the king’s peace of letting a thief once seized escape. The following clause is still more severe upon any one harbouring a fugitive thief or other outlaw, and it introduces again the division of classes as regards wergelds into gesithcund and ceorlisc, but without mentioning the wergelds of each class.
Gif mon cierliscne monnan flieman-feorme teo be his agnum were geladige he hine. Gif he ne mæge gielde hine [be] his agenum were ⁊ se gesiðmon [eac] swa be his were.
(30) If a man accuse a ceorlisc-man of harbouring a fugitive [thief?] let him clear himself according to his own wer. If he cannot, let him pay for him according to his own wer, and the gesith-man in like manner according to his wer.
This ‘clearing himself according to his own wer’ alludes evidently to the oath of himself and his oath-helpers and shows that the oath required to clear the gesithcund-man from the charge was a greater one than that required to clear a ceorlisc-man. This was doubtless the case throughout, but apparently it had become needful to strengthen the oath of both classes. The following clause required that in the oath of both the gesithcund and ceorlisc-man in denial of homicide there should be among the oath-helpers ‘a King’s oath of 30 hides.’