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
Among those of clause 236 are the thrallborn brother and thrallborn
son of the slain, and the half-brother by the same mother; and clause
239 extends the number to the son-in-law, brother-in-law, stepfather,
stepson, oath brothers, and foster brothers. Evidently in these
exceptional cases the rules of strict blood relationship have been broken
away from, and additions have been made to the normal wergeld to stay the
vengeance of persons sufficiently nearly connected in other ways to make
them dangerous if left unappeased.
It was probably these additional payments, added from time to time in
contravention of the strict rules of blood relationship, which caused the
uncertainty of the later laws, and led to the new system of awarding a
round number of gold marks as the total wergeld, included in which were
additions intended to meet the introduction of half-blood and foster
relations and others the risk of whose vengeance it seemed needful
apparently in later times to buy off.
Returning, then, to the original wergeld of the hauld without these
additions, we have seen that it consisted of two sets of payments, bauga
payments and upnám payments, and possibly the small addition of those of
more distant relations.
Now in the Gulathing law there are two other descriptions of the amount
of the bauga payment, and it will be useful to examine them.
[Sidenote: Another statement makes the bauga men pay 18 marks.]
The first is to be found in clauses 179 and 180.
In clause 179 the payment for cutting off a hand or foot and for striking
out an eye is said to be a half ‘giöld,’ and it is added:--
En ef allt er af einum manni höggvit hönd oc fótr, þá er sá verri
livande en dauðr; scal giallda sem dauðr sé.
But if both hand and foot be cut off the same man, he is worse
living than dead, and is to be paid for as if he were dead.
And then in the next clause, under the heading ‘_About Giöld_,’ is the
following:--
Nú ero giölld töld í Gula; giallda haulld xviii mörcom lögeyris.
Nú scolo þeðan giölld vaxa oc svá þverra sem rétter aðrer.
Now shall be told payments in Gula. A _hauld_ shall be paid for
with 18 marks of lawful aurar. Starting from this, the payments
shall increase or decrease as other retts.
Now it would seem that this payment for the death of a hauld was not
the whole wergeld but only the _bauga_ part of it. No details even of
the bauga payments of eighteen marks are given in this clause. It seems
to be inserted in this place simply with reference to the full limit of
payments for injuries. Liability for wounding, under Cymric custom, was
confined to the kinsmen of the gwely, and so it may well be that under
Norse custom it was confined to the bauga group.
Public-domain text, read in full here on John Shaqi.
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