Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
This edict appears to have been issued soon after the extension of the
Frankish boundary from the Loire to the Garonne, and specially to apply
to the newly conquered district.
[Sidenote: Admission of female succession to prevent Salic land from
passing from the family group to strangers.]
This conquest would necessarily extend the area within which Salic
settlements would be made among non-Salic neighbours, and multiply the
cases in which even a Salic Frank might find himself less securely
surrounded by kinsmen than of old. Under these altered circumstances
instances would become more and more frequent of the close neighbourhood
of tribesmen still holding under Salic custom and strangers living under
Roman laws of succession. The clauses of the edict seem accordingly to be
directly intended to prevent lapsed interests of Salic tribesmen in land
from falling to the vicini when there were brothers or female relations
surviving. In old times in purely Salic settlements lapsed interests
must usually have become merged in the general rights of the kindred,
the vicini being kinsmen. And no harm might come of it. Landed rights
would seldom have passed away from the kindred. But as the stranger
element increased in prominence the kindreds would more and more suffer
loss. Hence probably the extended rights given by the edict to female
relatives. It allows them to succeed in certain cases so as to prevent
the land, or, as we should rather say, the landed rights, from lapsing to
the vicini.
Clause 3 is as follows:--
Simili modo placuit atque convenit, ut si quicumque vicinos
habens aut filios aut filias post obitum suum superstitutus
fuerit, quamdiu filii advixerint terra habeant, sicut et Lex
Salica habet.
Likewise we will and declare that if any one having _vicini_,
or sons or daughters, shall be succeeded to after his death, so
long as the sons live let them have the land as the Lex Salica
provides.
So far evidently no change is made; old custom still holds good. But in
the rest of the clauses a modification is made evidently to meet altered
circumstances, and specially to shut out the _vicini_.
Et si subito filii defuncti fuerint, filia simili modo accipiat
terras ipsas, sicut et filii si vivi fuissent aut habuissent.
Et si moritur, frater alter superstitutus fuerit, frater terras
accipiat, _non vicini_. Et subito frater moriens frater non
derelinquerit superstitem, tunc soror ad terra ipsa accedat
possidenda.…
And if suddenly the sons shall have died let the daughter receive
those lands as the sons would have done had they been alive.
And if he [a brother] should die and another brother should
survive, let the brother receive those lands, _not the vicini_.
And if suddenly the brother shall die not leaving a brother
surviving, then let a sister succeed to the possession of that
land.…
Public-domain text, read in full here on John Shaqi.
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