[298] See Schmid, Glossary, sub ‘Geldrechnung,’ p. 594.
[299] Konrad von Maurer’s ‘Ueber Angelsächsische Rechtsverhältnisse,’ in the Kritische Ueberschau, vol. iii. p. 48.
[300] Compare the ‘octogild’ and ‘novigild’ of the Alamannic and other laws. The literal meaning of ‘xii gylde’ seems to be payable with ‘twelve times the gylde.’
[301] The division of the words in the MS. is as follows: ‘Gif cyninges ambiht smið oþþe laadrinc mannan of slehð medumanleod gelde forgelde.’
[302] So also Grimm in his Deutsche Rechts Alterthümer, p. 653, ‘dimidio, nicht moderato, wie Wilk. übersetzt.’ Compare ‘medeme mynster,’ supra, p. 346, and ‘medeme thegn,’ Cnut, ii. 71, s. 2.
[303] Possibly the King’s servants were otherwise exempt for injuries done in carrying out their work.
[304] Cf. Book of Aicill, p. 267, where injury inflicted in quick driving or at work has only a half fine; ‘the excitement of the work or of quick driving takes the other half fine off them.’ See also the elaborate rules with regard to accidents of the smith in his smithy, p. 187 &c. The general rule stated is ‘that the person who plies the sledge on the anvil is exempt from penalties for injuries arising from the work he is engaged on;’ and again ‘if either the sledge or anvil break, he is exempt for injuries to idlers, and he pays one third compensation to fellow labourers, &c.’ Clerical influence may perhaps be recognised in both the Brehon and Kentish clauses.
[305] That the soul-scot in later times was paid at the open grave see Ethelred, v. 12, vi. 20, ix. 13; C. E. 13.
[306] Compare s. 86 and 87, where ealne weorðe means a ‘whole worth’ of an esne, and contrast the ‘medume leodgild’ of 100 scillings payable as bot by the lender with the ‘ealne leod’ payable by the slayer.
[307] That the esne was very near in position to the ‘theow’ see Alf. 43, where Church holidays are to be given to ‘all freemen but not to theow-men and esne work-men’—‘butan þeowum mannum & esne-wyrhtum.’