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
On the whole it seemed best to concentrate attention upon the
_Gulathingslög_ as the oldest of the Norse laws. The Danish and Swedish
laws and the Grágás of Iceland no doubt under competent hands would
yield valuable additional evidence, but the oldest of the Norse laws may
probably be fairly taken as the most representative of early Northern
custom, and at the same time most nearly connected with the object of
this inquiry.
Geographically the Gulathing law was in force in the southern portion
of Norway. It seems to have embraced, in about the year 930, three, and
afterwards six, _fylkis_ or districts each with its own _thing_ and
local customs.[174] In this respect it resembled the Frisian and Saxon
laws, both of which recognised, as we have seen, the separate customs of
tribal divisions contained in the larger district over which the laws had
force.
The Gulathing law must therefore be regarded as in some sense a
compilation or collection of customs rather than one uniform law. For
instance, there are three or four separate descriptions of the wergeld
and the modes of its payment and receipt. One of these is avowedly of
later date. The older ones may probably describe local variations of
general custom, belonging to one or another of the divisions, and even
these bear marks of later modification and additions.
As usual, the introduction of Christianity was the occasion and
perhaps the cause of the compilation, and therefore from the time of
the formation of Dioceses by King Olaf (A.D. 1066-93) ecclesiastical
influence must be expected. But on the whole this Gulathing law presents
in some points a far more interesting and instructive picture of social
conditions resulting from tribal custom than the laws of other tribes
already examined of much earlier date.
[Sidenote: The Frostathing law.]
The next important of the ancient laws of Norway is the _Frostathingslög_
belonging to the more northerly district of Drontheim. Without pretending
to have made it the subject of special study, I have here and there found
it useful in elucidation of the Gulathing law, and as showing that tribal
custom, though with local variations, was in force over a wider district
than that under the Gulathing law.
The question of the structure of tribal society and the division of
classes in Norway may be most conveniently approached from the point of
view of the _rett_ or ‘personal right,’ somewhat analogous to the Irish
‘honour-price’ and the Welsh ‘saraad.’
[Sidenote: Grades of personal ‘rett.’]
Both in the Gulathing law and in the Frostathing law this personal ‘rett’
lies at the root of the graduated payments for insults, wounding, and
homicide. And the statements of it are practically identical in the two
laws. They are as follows:--
_Gulathing_ (200) _Frostathing_ (X. 35)
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