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
The triple wergeld of the Adaling of these laws may have been the result
either of noble birth or official position, or both combined. The wergeld
of the _liber_ of 200 gold solidi, presumably of three tremisses, seems
to connect the customs of the Thuringian tribes of these laws with those
of the Salic and Ripuarian Franks rather than with those of the Saxons
and Frisians. It is worth notice, too, that, while in the Lex Saxonum
and the Lex Frisionum the figures seem to follow a duodecimal system, in
these laws the more usual decimal reckoning is retained as in the Lex
Salica.
The fact that among the additional titles there is one ‘De alodibus’
connects still further these laws, notwithstanding their later date, with
the Salic and Ripuarian laws which contain similar titles. And it is
worth while, for purposes of comparison, to give it at length. (Tit. v.)
[Sidenote: The title ‘De Alodis.’]
(I) Hereditatem defuncti filius non filia suscipiat. Si filium
non habuit, qui defunctus est, ad filiam pecunia et mancipia,
terra vero ad proximum paternæ generationis consanguineum
pertineat.
(I) Let the son of the deceased and not the daughter receive the
inheritance. If he who has died had no son, to the daughter shall
go the cattle and slaves, but the land shall pertain to the next
blood relation of the paternal generation.
(II) Si autem nec filiam non habuit, soror ejus pecuniam et
mancipia, terram proximus paternæ generationis accipiat.
(II) But if he had no daughter either, his sister shall take the
cattle and slaves; the next of the paternal generation shall take
the land.
(III) Si autem nec filium nec filiam neque sororem habuit,
sed matrem tantum superstitem reliquit, quod filia vel soror
debuerunt, mater suscipiat, id est, pecuniam et mancipia.
(III) But if he had neither son nor daughter nor sister, but he
left a _mother_ only surviving, what daughter or sister should
have had, let the mother take, _i.e._ the cattle and slaves.
(IV) Quodsi nec filium nec filiam nec sororem aut matrem dimisit
superstites, proximus qui fuerit paternæ generationis, heres ex
toto succedat, tam in pecunia atque in mancipiis quam in terra.
(IV) But if he leaves neither son nor daughter nor sister nor
mother surviving, he who shall be next of the paternal generation
shall succeed as heir of the whole as well in cattle and slaves
as in land.
(V) Ad quemcumque hereditas terræ pervenerit, ad illum vestis
bellica, id est lorica, et ultio proximi et solutio leudis debet
pertinere.
(V) And to whomsoever the inheritance in the land shall come, to
him ought to pertain the coat of mail, _i.e._ the birnie, and the
avenging of the next of kin and the payment of wergeld.
Public-domain text, read in full here on John Shaqi.
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