This clause does not tell us whether the Wilisc man was considered to be oath-worthy or not. Probably he would not be as against a Saxon. It only states that when the charge of theft was made by an Englishman the oath was to be one of twice as many hides as would be required to deny the charge of a Wilisc man.
In the ‘Ordinance of the Dun-setas’ strangers have only half-wergelds and must go to the ordeal as not oath-worthy.
Corroborative evidence as regards the half-wergelds and oath-worthiness of the wealh class may be found in an ordinance of later date, but belonging to Wessex, and it may be quoted as throwing strong light upon the position of the Wilisc or wealh class (wealþeode) in apparently a border district, where Saxons and wealhs met together with a boundary of a river between them. It is entitled an ‘Ordinance respecting the Dun-setas.’[253]
The leading fact throughout this document is that the two peoples met avowedly as strangers. Its aim was to keep the peace and to protect the owners of cattle on each side of the stream from the raids of their neighbours on the other.
They are recognised as strangers to each other and on principle treated reciprocally as such. Denial of a charge by oath and oath-helpers, unless by special agreement, is assumed to be of no use and evidently out of place between strangers in blood. Consequently the ordeal was the only answer to a charge of theft.
Ne stent nan oðer lád æt tihtlan bute ordal betweox Wealan & Englan, bute man þafian wille.
There stands no other purgation in an accusation save the ordeal between Wealas and English unless it be allowed.
This was fully in accordance with tribal custom no less than the further fact that their wergelds were, obviously for the same reason, to be half-wergelds.
Gyf Wealh Engliscne man ofsleane þearf he hine hiden-ofer buton be healfan were gyldan ne Ænglisc Wyliscne geon-ofer þe ma sy he þegen-boren sy he ceorl-boren healf wer þær æt-fealð.