260
THE SAXONS IN ENGLAND.
[book I.
of Ini allow us to enter still further into the nature
of the family engagement. He enacted that if a
stranger came ' through the wood out of the high-
way, and attempted to slink through in secret,
without shouting or blowing his horn, he should be
taken to be a thief, and might be slain or forced to
pay according to his presumed crime: and if the
slayer were then pursued for his wergyld, he might
make oath that he slew him for a thief, and the lord
and the gegyldan of the dead man should not be
allowed to make oath to the contrary : but if the
slayer had at the time concealed the deed, and it
was only afterwards discovered, a presumption of
unfair dealing was raised against him, and the kin-
dred of the dead man were entitled to make oath of
his innocence ɪ. Again if a stranger were slain, the
king was to have two parts of his wergyld, the son
or relatives of the dead man might claim the third ;
but if there were no relatives, the king claimed
half, the count half2. Besides a provision for a sur-
' ɪ “ Gif feorcund man oSSe fremde butan wege geond wudu gonge,
and ne hryme né horn blawe, for )ɪeof he bi1S to profianne, oδSe to
sleanne o1δ1δe to aly⅛anne. Gif mon 6æs ofslægenan weres bidde, he
mot gecySan Sæt he hine for J>eof ofsloge, nalles Sæs ofslægenan gegil-
dan né his hlâford. Gif he hit Sonne dyrneS, and weorSeS ymb lang
yppe, Sonne rymeS he Sam deadan to Sam aSe, Seet hine moton his
mægas Unscyldigne gedon.” Ini, § 20, 21. The collocation of gegyl-
dan and mægas in this law seems to show clearly that Ini looked upon
them as the same thing : hence that in the original institution the gyld
and the family were identical, though afterwards, for convenience’ sake,
the number and nature of the gyld were otherwise regulated, when the
kinsmen had become more dispersed.
a “ Gif mon æl)ɪeodigne ofslea, se cyning ah twædne dæl weres, J>rid-
dan dæll sunu oSSe mségas. Gif he ®onne mægleas sɪe, healf cyninge,
healf se gesiS.” , Ini, § 23.
CH. ιx∙]
THE TITHING AND HUNDRED.
261
viving child, similar to that of Hlo1Shere1, the law
of Ini contains no further regulation with regard
to the mægas of the freeman. Four several chap-
ters referring to serfs who are guilty of theft, rest
upon the principle that his kin have renounced the
mægbnrh by suffering him to remain in serfage,
and together with the obligations of kinsman have
relinquished their own right of avenging his injuries
or making pursuit for his wrongs2.
The duties of the mægseeaft or kinship are deve-
loped with considerable detail in the law of Ælfred:
the most general regulation is that which acknow-
ledges the right of a man to have the aid of his kin-
dred in all those excepted cases where the custom
and the law still permitted the waging of fælrSe or
private war : “ After the same fashion, may a man
fight on behalf of his born kinsman, if any wrong-
fully attack him ; except indeed against his lord :
that we permit not3.” Other clauses provide that
where a wrongdoer is taken into custody, and agrees
peaceably to abide the decision of the law, his re-
latives shall have due notice4: “If he pledge him-
self to a lawful act, and belie himself therein, let
‘ Ini, § 38.
a Ini, § 24, 28,36, 74. Thorpe, i. 118,120,124,148.
3 “Æfter Sære ylcan wɪsan mot mon feohtan mid his geborenum
nii⅛e, gif hine mon on woh onfeohta,δ ; buton wB his hlaford, ‰t
we ne lyfaδ." Ælf. § 42. Thorpe, i. 90.
4 “ Gif he ‰nne tSæs weddie ⅛e him riht sy to gelæstanne and tot
âleôge, selle mid eâdmédum his wæpn und his æhta his fre<5ndum to
gehealdanne, and bed feowertig niħta on carcerne on Cyninges tιine;
Irowige i$ær swa biscop him scrife, and his mægas bine féden gif he self
ɪɪiɛte næbbe; gif he inægas næbbe, o"δ'δe ‰ne mete næbbe, féde cy-
ɪɪɪnges ge⅜dfa hine.” Ælf. § 1. Thorpe, i. CO. There is a similar provi-
sion in Ælf. § 5. Thorpe, i. 64. Ælf. § 42. Thorpe, i. 90.