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
In clause 223 is inserted a statement of the various things in which
wergelds may be paid. The only item the value of which is given is the
cow, which is to be taken at 2½ ores if not older than eight winters and
if it be ‘whole as to horns and tail, eyes and teats, and in all its
legs.’ And this silver value of the cow--2½ ores--is the one used in this
older description of the wergeld.
The wergeld according to this statement consists of bauga payments and
upnám payments. The first are received in three baugs or rings thus:--
[Sidenote: The 64 cows of the Bauga group.]
_Höfuð_ (head) _baug_, taken by
the son and the father of the
slain 10 marks or 32 cows.
_Bróður baug_, taken by brother,
or if none, by the son of the slain 5 marks or 16 cows.
_Brœðrungs baug_ taken by
the father’s brother’s son, _i.e._ first
cousin of the slain 4 marks or 13 cows - ½ ore.
-------- ------------------
19 marks or 60 cows + 2 ores.
To this is added for women’s
gifts, _i.e._ the mother, daughter,
sister, and wife of the slain, or in
default to the son of the slain 1 mark or 3 cows + ½ ore.
-------- ------------------
Total 20 marks or 64 cows.
After this statement is the declaration, ‘Now all the baugs are counted.’
A clause is here interpolated changing the point of view so as to show
how, and by whom on the slayer’s side the same three baugs were paid.
Nú scal vigande bœta syni hins dauða hafuðbaug.
(222) The slayer shall pay to the son of the dead the _höfuð
baug_.
En bróðer viganda scal bœta brœðr hins dauða bróðor baug, ef hann
er til, ellar scal vigande bœta.
The slayer’s brother (if he has one) shall pay to the brother of
the dead the _bróður baug_; otherwise the slayer shall pay it.
Nú scal brœðrongr viganda bœta brœðrongi hins dauða brœðrongs
baug, ef hann er til, ellar scal vigande bœta.
The brœðrung of the slayer (if he has one) shall pay to the
brœðrung of the slain the _brœðrungs baug_; otherwise the slayer
shall pay it.
Sá er sunr hins dauða er við giölldum tecr, hvárt sem hann er
faðer æða bróðer, æða hvigi skylldr sem hann er.
He is [reckoned] the son of the dead who takes the giöld, whether
he is father or brother or however he is related.
Then follows the declaration, ‘_Now the baugs are separated_’ (‘Nú ero
baugar skildir’).
It seems clear, then, that the slayer was in the last resort responsible
for the whole of these baug payments, as it was the son of the slain who
would take any part of them lapsing through failure of the designated
recipients.
[Sidenote: Women’s gifts.]
Public-domain text, read in full here on John Shaqi.
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