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
With regard to the distribution or division of the wergeld amongst the
relations of the person slain, the laws mention only the custom of the
Middle districts, according to which two thirds of the wergeld went to
the heir of the slain and one third ‘ad propinquos proximos.’ They give
no information as to how the ‘propinqui proximi’ divided their third
amongst themselves, or to what grade of kinship this class of relations
extended.
Happily, however, Dr. Brunner, in his informing essay on ‘Sippe und
Wergeld’ already quoted, has been able to supplement the meagre
information given by the laws as to wergelds with further details gained
from later local sources.
In his section (p. 25) on ‘Die Friesen zwischen Zuidersee und Weser,’ he
gives an illustration of the way in which under later custom the payment
of the wergeld was divided amongst the relations of the slain. He states
that the North Frisian _tale_, _i.e._ the third share which the kindred
had to pay, was known as the _mentele_ or _meitele_ (magzahl).
[Sidenote: Later example.]
In a legal document of ‘Westerlauwersches Friesland’ the _mentele_ of
the kindred is described as 4 lbs. 5 oz. 6⅔_d._, and the _erbsühne_, or
two thirds to be paid by the heirs, as 8 lbs. 10 oz. 13⅓ pfennig. The
pound, we are told, is 12 oz. of 20_d._, so that here we have clearly
Frankish currency and _silver_. The third and the two thirds together
make a whole wergeld of 13 lbs. 4 oz. of silver. Now in the first place
if, as we probably should do, we were to consider this wergeld to be
stated in pounds and ounces of Charlemagne’s nova moneta, it would be not
very far from treble the amount of the wergeld of the liber in Titles I.
and XV. of the laws. And this, so far as it goes, confirms the Ripuarian
statement that the ancient Frisian wergeld was one of 160 solidi.[164]
Let us now see how the third falling on the kindred was divided.
The one third of the _mentele_ of the kindred (moeg) was divided thus:--
lbs. oz. p.
(1) The _brother_, or if none, the _brother’s son_, or if
none, the sister’s son 0 12 0
(2) The _uncle_ on the father’s side (fedria) 0 9 0
The _uncle_ on the mother’s side (eem) 0 4 0
Or in default of these the _cousins_ of the slain,
or in default the cousins of the uncles.
(3) The _eftersusterbern_ or cousins descendants of
grandparents:
(_a_) On the side of the father’s grandfather 0 3 8
(_b_) On the side of the father’s grandmother 0 3 8
(_c_) On the side of the mother’s grandfather 0 2 5
(_d_) On the side of the mother’s grandmother 0 2 5
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