Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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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
If any man wilfully kills his father, uncle, brother, or maternal
uncle (avunculus), or his brother’s son, or the son of his uncle
or maternal uncle, or his mother, or his sister, let him know
that he has acted against God, and not fulfilled brotherhood
according to the command of God, and heavily sinned against God.
And before all his parentes, let his goods be confiscated, and
let nothing of his pertain any more to his heirs. Moreover, let
him do penance according to the Canons. (Tit. XL.)
Once more in these laws the parricide (the fisc having taken his
property) goes free, but for the penance required by the Canons of the
Church.
[Sidenote: Wergelds of the clergy.]
As regards the wergelds of the clergy in the Alamannic law the Church
seems to claim triple penalties. The wergelds of the clergy are as
follows, according to the Lex Hlotharii (XI. to XVII.):--
Bishop as that of the Dux or Rex.
Priest, parochial 600 solidi
Deacon and monk 300 ”
Other clerics like the rest of their parentes.
Liber per cartam (the Ripuarian tabularius) 80 ”
The free colonus of the Church as other Alamanni.
According to the Bavarian law (Tit. I. c. x.) a bishop’s death was to be
paid for by the weight in gold of a leaden tunic as long as himself, or
its value in cattle, slaves, land, or villas, if the slayer should have
them; and he and his wife and children are to be _in servitio_ to the
Church till the debt is paid.
The lower clergy and monks were to be paid for according to their birth
_double_; parochial priests threefold. (I. c. viii. and ix.)
[Sidenote: The wife’s inheritance goes back to her kindred if no children
born alive.]
In the _Liber secundus_ of the Alamannic law is an interesting clause
which throws some light upon the position of married women.
(XCV.) If any woman who has a paternal inheritance of her own,
after marriage and pregnancy, is delivered of a boy, and she
herself dies in childbirth, and the child remains alive long
enough, _i.e._ for an hour, or so that it can open its eyes and
see the roof and four walls of the house, and afterwards dies,
its maternal inheritance then belongs to its father.
This is natural, but it seems to show that if the child had been born
dead and the wife had died without children her paternal inheritance
would have gone back to her kindred and not to her husband.
In the absence of other evidence this is perhaps enough to show that in
accordance with tribal custom the kindred of the wife had not lost all
hold upon their kinswoman, and therefore that she by her marriage had not
passed altogether out of her own kindred.
[Sidenote: Traditional value of cattle stated in gold tremisses.]
Lastly, there are clauses in the same _Liber secundus_ which declare the
value of the solidus in equation with cattle.
Public-domain text, read in full here on John Shaqi.
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