Legal Definitions - kinbote

Kinbote is a historical legal term from Old English law that refers to a payment made to the family or relatives (kin) of a person who was unlawfully killed. This compensation was intended to prevent blood feuds and provide restitution to the bereaved family, serving as a form of "blood money" or wergild. Its purpose was to settle disputes peacefully rather than through retaliatory violence.

• Example 1: In 10th-century Anglo-Saxon England, a farmer named Eadwig was slain during a border dispute with a neighboring village. According to the customary laws of the time, the family of the killer was required to pay a specific sum of silver and cattle to Eadwig's widow and children. This payment was considered the kinbote for Eadwig's death.

  Explanation: This scenario directly illustrates kinbote as a compensatory payment made to the deceased's family (kin) by the killer's family, as dictated by historical legal customs, to resolve the killing and prevent further conflict.

• Example 2: Imagine a historical tribal society where a hunter from one clan accidentally killed a member of another clan during a hunting expedition. To avoid a retaliatory war between the clans, the elders negotiated a settlement where the offending clan provided a significant number of livestock and valuable furs to the victim's immediate family. This payment was accepted as atonement for the death.

  Explanation: This situation demonstrates the principle of kinbote, where a community's customary law mandates a compensatory payment to the family (kin) of a slain individual to maintain peace and provide restitution, even if not explicitly called "kinbote" in that specific culture.

• Example 3: While not used in modern legal systems, the concept of kinbote can be seen as a historical precursor to elements of modern wrongful death lawsuits. For instance, if a manufacturing company's gross negligence leads to the death of an employee, Mr. Davies, his surviving spouse and children might sue the company. A court could then order the company to pay a substantial sum to Mr. Davies' family for their loss of support and companionship.

  Explanation: Although the modern legal action is a civil lawsuit for wrongful death, the outcome—financial compensation provided to the deceased's family (kin) due to another party's actions—parallels the underlying purpose of kinbote: providing restitution to the bereaved family for the loss of a loved one.