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
(4) The rest falls on the cousins--the eight stems which
descend from the great grandparents
The four stems from father’s side 0 7 12
” ” mother’s side 0 7 8
--------
4 3 6
This interesting illustration of the payment of a Frisian wergeld, though
of later date than the laws, confirms the statement in the laws that
in its division the immediate heirs of the slain took two thirds and
the _propinqui proximi_ one third. It shows that at a later date the
immediate ‘erbsühne’ was two-thirds, and the share of the kindred one
third. And it adds the important point that the kindred who paid, and by
inference shared in the receipt of the one third, were confined to the
descendants of the great-grandparents, both paternal and maternal, of the
slayer or of the slain.
III. THE LEX SAXONUM.
[Sidenote: Divisions of the Saxon tribes.]
In turning from the Frisian to the Saxon district, we have again to
notice that, as in the Frisian instance, so in the Saxon, the territory
over which the law had force was divided into several districts belonging
to allied but separate tribes with their own peculiar customs.
The Westfali and the Ostfali and the Angrarii were the chief tribes with
which the Lex Saxonum and the Capitularies had to deal. The ‘Saxones
Bortrenses’ and ‘Septentrionales’ are also mentioned in one of the
Capitularies, but these do not appear to be of much importance to our
inquiry.
The stubborn resistance of the Saxon tribes to the Frankish conquest, and
the sanguinary character of the Saxon wars of Charlemagne, may well have
made a cleaner sweep of local custom from these districts than had taken
place in others. And this may explain to some extent the disappointing
silence of the Lex Saxonum upon questions of custom which might otherwise
have been expected to afford useful and interesting points for comparison
with the Kentish and Anglo-Saxon Laws. Moreover, the wergelds as stated
in the text are, like those of the Frisian Laws at first sight so
misleading that only a very careful regard to the changes in Frankish
currency can make their amounts intelligible, and bring them into line
with those of neighbouring tribes.
[Sidenote: Statement of wergelds of _nobilis_ and _litus_.]
Happily, in approaching the wergelds of the Lex Saxonum, we can do so, as
in the case of the Frisian wergelds, with the statement of the Ripuarian
Law in mind, that the Saxon as well as the Frisian wergeld was 160
solidi. And it is well that we can do so, for otherwise we might very
easily lose our way.
The Lex Saxonum begins with a title ‘de vulneribus’ which describes the
payments to be made for the different wounds inflicted upon a _nobilis_.
Title II., ‘de homicidiis,’ next follows with a statement of the wergelds.
Public-domain text, read in full here on John Shaqi.
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