The evidence for Kentish custom seems, therefore, to be independent of that of Wessex or Mercia or Northumbria. Further, in the so-called ‘Laws of Henry I.’ at the conclusion of the statement of the customs as to homicide in s. LXXVI. it is distinctly stated that the wergelds in Kent differed much from those of Wessex both as regards _villani_ and _barones_.
It will therefore be necessary to examine the Kentish laws separately from the others.
On the whole, with regard to the others, it seems best to resort to the method of proceeding from the later to the earlier evidence and to begin with the so-called ‘Laws of Henry I.,’ as a Norman though unofficial view of what Anglo-Saxon custom was or had been before the Conquest.
It may be well to inquire first, what in the view of the writer took place, after the Conquest, when a Norman or stranger was killed, because this at once raises the question what should happen in the unavoidable absence of kindred.
Si Francigena qui parentes non habeat in murdro perimatur, habeat precium natalis ejus qui murdrum abarnaverit: Rex de hundreto ubi invenietur xl marc̄ argenti; nisi intra vii dies reddatur malefactor justicie regis, et talis de quo possit justicia fieri.…
(lxxv. 6) If a Norman (_Francigena_) be murdered who has no _parentes_, let that person have the price of his birth who made known the murder. The King to have 40 marks of silver from the hundred where he was found unless within 7 days the malefactor be delivered up to the justice of the King in such a way that justice can be had of him.…
Ad patrem vero, non ad matrem, generacionis consideracio dirigatur: omnibus enim Francigenis et alienigenis debet esse rex pro cognacione et advocato, si penitus alium non habeat.
(7) Consideration as to birth must be directed to the father, not to the mother, for the King ought to be in the place of maternal kindred (_cognatio_) and of advocate for the Norman or stranger if he absolutely have no other.
Si ex parte patris parentes non habeat qui occiditur, et ex parte matris habeat, quantum ad eum attinet, i. tercia pars weregildi sui reddatur.
(8) If he who is killed has no _parentes_ on his father’s side and he has on his mother’s side, let what appertains to her, viz. one-third of his wergeld, be paid.