HINEGELD

2 definitions found across Law Mind sources

HINEGELDAuthored
The Law Mind • 608 words
Definition
In Anglo-Saxon and early English law, hinegeld was a payment made as compensation or ransom for an offense committed by a servant or member of a household. The term belongs to the broader Anglo-Saxon system of bot and wer — compositions paid to avoid or settle liability arising from wrongs — and reflects a legal culture in which a master bore responsibility for the conduct of those in his household, with monetary satisfaction substituting for corporal or retaliatory punishment.
Why It Matters in Research
Hinegeld is a term of purely historical significance. Researchers will not encounter it in modern case law or statutes; its relevance is confined to scholarship on Anglo-Saxon customary law, early English legal history, and the development of vicarious liability and master-servant doctrine. The primary navigational trap here is terminological fragmentation. Anglo-Saxon law used a dense cluster of overlapping payment terms — bot, wer, wite, geld, lahslit — each carrying distinct legal weight depending on the nature of the offense, the status of the parties, and the forum of resolution. Hinegeld is one narrow spoke in that wheel. Researchers who encounter it in a historical source without context may mistake it for a general fine or tribute; the servant-household connection is what distinguishes it. Bouvier's cross-reference to HID is a useful pointer. Hid (or hide) designated a unit of household or landholding, and the hine (or hina) referred to a member of a household or domestic servant class. The geld suffix, meaning payment or tribute, completes the compound: a payment arising from the hine's wrong. Following the HID entry and associated cross-references in historical dictionaries is the correct research path for understanding hinegeld within its institutional context. This term is unlikely to appear in standard common law reporters. Researchers working in diplomatic history, Anglo-Saxon legal texts (such as the laws of Ine, Alfred, or Æthelberht), or early treatises like Bracton or Fleta may find related concepts, though hinegeld itself does not survive as a live legal term into the Norman period in any significant way.
Historical Dictionary Support
Bouvier's Law Dictionary (relying on Cowell's Interpreter) provides the only entry among standard American legal dictionaries. Bouvier's definition is terse: "a ransom for an offence committed by a servant," citing Cowell and directing the reader to HID. Cowell's Interpreter (1607), a glossary of law terms drawing on Anglo-Saxon and medieval sources, is the likely origin point for this entry in the Anglo-American legal dictionary tradition. No entry for hinegeld appears in Black's Law Dictionary in its earlier editions under this spelling, nor does it receive substantive independent treatment in Tomlin's or Jacob's law dictionaries beyond similar brief glosses. The historical dictionary record is thin and derivative: each source that treats the term traces back, directly or indirectly, to Cowell's compilation from earlier glossarists. What the historical dictionaries collectively miss is the broader legal machinery in which hinegeld operated. None explains the relationship between hinegeld and the household-unit liability system of Anglo-Saxon law, the role of the lord or householder in answering for the servant's wrong, or how this payment structure related to the tithing system and frankpledge. Researchers needing that context must move beyond legal dictionaries to Anglo-Saxon legal scholarship directly.
Jurisdictional Note
Hinegeld is an Anglo-Saxon English legal term with no recognized counterpart in Scots law, Welsh law, or the Continental Germanic legal systems, though analogous household-responsibility payment mechanisms existed across early medieval legal cultures. It has no operational meaning in any modern jurisdiction.
Related Terms
Bot — Wer — Wite — Geld — Frankpledge — Tithing — Master and servant — Vicarious liability — HID — Anglo-Saxon law
HINEGELDmain
Bouvier's Law Dictionary • 1928
A ransom for an offence committed by a servant. Cowel. See HID

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