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
Now if a man has done the slaying of a madman, if a son slays his
father, or a father his son, or a brother his brother or any of
his sisters and brothers, or a child slays its mother or a mother
her child, then he forfeits the inheritance he ought to take.
The one next to him in kin takes that inheritance, and the King
shall have it rather than he. But he shall stay in the land and
be shriven and keep all that is his.
[Sidenote: No wergeld within the family.]
In the Gulathing law the kindred within which there is no wergeld is thus
the actual family, and it is in full accord with the instance in Beowulf
in which the old father is represented as having to put up with the
presence of a son by whose arrow another of his sons had been slain, such
a crime being one which under tribal custom could not be avenged.
Turning now to the amount of the wergeld of the Gulathing law and the
Frostathing law, it must again be remarked that there are in these laws
varying accounts of it.
[Sidenote: The wergeld of the Frostathing law of later date awarded in
marks of gold.]
In the first place there are some avowedly of later date than others.
Thus, in Frostathing VI. 1 the description of the wergeld is commenced as
follows:--
Her hefr upp oc segir í frá því er flestum er myrkt oc þyrftu
þó marger at vita, fyrir því at vandræði vaxa manna á millum en
þeir þverra er bæði höfðu til vit oc góðan vilja, hvesso scipta
scylldi ákveðnum bótum ef þær ero dœmdar, fyrer því at þat er nú
meiri siðr at ánemna bœtr, hvesso margar mercr gulls uppi sculu
vera epter þann er af var tecinn, oc velldr þat at marger vito
eigi hvat laga bót er, er þó at vissi, þá vilia nú fáer því una.
En Frostoþings bóc scipter lagabót hveriom epter sínum burð oc
metorði, en ecki hinum bótum er þeir ofsa eða vansa er í dómum
sitia oc sáttmál gera.
Here begins and is told that which to most is dark and yet many
had need to know, because difficult matters increase among men
and those grow fewer who both had the wits and the goodwill for
it,--how to divide the fixed _bóts_ (bœtr) if they are adjudged,
_for it is now more the custom to fix the bóts, how many marks
of gold_ shall be paid on account of him who was slain, and the
cause of that is that many know not what the lawful _bót_ is,
and though they knew it, few will now abide by it. _But the
Frostathing book divides the lawful bót_ to every one according
to his birth and rank, and not those _bóts_ (bœtr) which they
that sit in courts and make terms of peace put too high or too
low.
Here the writer clearly refers back to the ancient Frostathing book as
the authority for the ‘lawful bót,’ but on examination he seems to add
certain additional bóts which the courts now include in the round amount
of so many gold marks awarded by them in each case as it comes before
them.
Public-domain text, read in full here on John Shaqi.
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