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
The small payments to the mother, daughter, sister, and wife included in
the baug payments are evidently additional and exceptional payments in
regard to close sympathy. The slayer does not make these payments. It is
expressly stated that they are made ‘by the kinswomen of the slayer,’ but
they are included in the even amount of 20 marks or 64 cows.
The recipients of the three baugs, it will be seen, were limited to the
nearest relatives on the _paternal_ side--fathers, sons, brothers, and
first cousins--with no descent through females, while the recipients
in the next set of groups or ‘upnáms’ include also relations through
females: but, again, _only males receive_.
There is, however, one exception. In clause 231 is the following:--
Nú ero konor þær allar er sunu eigu til sakar, oc systr
barnbærar. þá scal þeim öllum telia söc iamna, til þær ero
fertogar.
All those women who have sons are in the _sök_ (suit), and
sisters capable of bearing sons. They shall all be held to have
an equal part in it till they are forty.
Evidently they partake, as under Cymric custom, only in respect of
possible sons who if born would partake themselves. Indeed, the sons only
appear in the list of receivers and in no case the mother, except among
the women’s gifts included as above in the baug payments.
[Sidenote: The upnám group includes descendants of great-grandparents.]
Clause 224 describes the upnám set of recipients as under. It will be
seen that they include descendants of great-grandparents, but no more
distant relations.
‘Sac-tal of upnáms or groups _outside bauga men_.’
_1st upnám._ { Father’s brother (_i.e._ uncle).
The slain person’s { Brother’s son.
{ Mother’s father.
{ Daughter’s son.
Each gets a mark from the slayer if a hauld be slain; and this
amounts to _4 marks_.
_2nd upnám._ { Father’s brother’s son (_brœðrung_).
{ Brother’s daughter’s son.
The slain person’s { Mother’s brother.
{ Sister’s son.
{ _Systling_ (? Father’s sister’s son).
Each gets 6 ores from the slayer if a hauld be slain; and this
amounts to _3 marks 6 ores_.
_3rd upnám._ { Mother’s sister’s son (_systrung_).
{ Brœðrung’s child.
{ Father’s brœðrung.
{ Mother’s mother’s brother.
{ Sister’s daughter’s son.
They get half a mark from the slayer if a hauld be slain
(probably ½ mark each): _i.e._ _2 marks 4 ores_, making the total
of upnáms _10 marks 2 ores_.
[Sidenote: Total wergeld 30 marks or 96 cows.]
Then follows the declaration, ‘_Now all the upnám men are counted._’
Public-domain text, read in full here on John Shaqi.
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