If a Wealh slay an Englishman he need not pay for him on this side except with half his wer, no more than the Englishman for a Wylisc on that side, be he thane-born, be he ceorl-born, one half of the wer in that case falls away.
These wylisc men were in Wessex.
In this document the wealh is treated according to tribal principle as a stranger in blood, both as regards recourse to the ordeal, and the half-wergeld. And the word ‘wyliscne’ is used as the appropriate adjective distinguishing the wealh from the Englishman. So that in this case ‘wealh’ and ‘wylisc’ mean the same thing. Further, this evidence, though later in date probably than King Alfred’s Laws, is practically Wessex evidence, because, though the geographical position of the Dun-setas is not accurately known, their connection with the West Saxons is the one thing which is clear.[254]
Returning to the Laws of Ine, as the wergeld of the Wilisc man with five hides was a half-wergeld of 600 scillings it might be supposed that the ordinary Wilisc man’s would be a half-wergeld of 100 scillings. But it was not exactly so, for, according to s. 32 above quoted, the Wilisc man with one hide had a wergeld of 120 scillings, one with half a hide 80 scillings, one without any land 60 scillings.
In an isolated clause added to s. 23 a somewhat different statement is made. The wealh gafol-gelda has the same wergeld as if he had a hide of land, and the wealh theow the same wergeld as the Wilisc man without land.
Various classes of wealhs and Wilisc men.
Wealh gafol-gelda cxx scill. his sunu c. Ðeowne lx. somhwelcne fiftegum. Weales hyd[255] twelfum.
(23) A wealh gafol-gelda cxx scillings, his son c: a theow lx: some fifty: a wealh’s skin twelve.
That the theow of this passage is the ‘wealh-theow’ with a wergeld of 60 scillings is clear from sections 54 and 74, the first of which relates to the ‘Wilisc wite theow.’
Wite-þeowne monnan Wyliscne mon sceal bedrifan be twelf hidum swa þeowne to swingum. Engliscne be feower & þrittig hida.