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
But the amount in this clause is only eighteen marks, while that of the
bauga payments of the wergeld we have just been considering, as probably
the earlier one, was twenty marks. How is this to be accounted for? The
answer surely must be that eighteen marks of Charlemagne, reckoned in
wheat-grains, were exactly equal to twenty of the Roman or Merovingian
marks of the earlier period.
[Sidenote: Another detailed statement makes the bauga payment 18 or 20
marks.]
The other statement alluded to is also a statement avowedly of the bauga
payments, and begins with almost the same words, ‘Now the giöld for the
hauld shall be told.’ In this case the details are given and the detailed
payments add up between eighteen and nineteen marks, and yet the total is
given as a little more than twenty marks.
This statement differs from the older one in its divisions, but it has
an air of antiquity and reality about it which suggests that it may
represent a local custom actually in force. Little touches of picturesque
detail seem to bring it into contact with actual life, and to show how
local custom might work out a common object by its own peculiar method.
It meets us abruptly in clause 243 under the heading ‘_On baugar_,’ and
commences thus:--
Now the giöld for the hauld shall be told--
6 marks (of 12 ells to the ore) in the _head-baug_,
4 marks in the _brother’s-baug_,
2½ marks in the _brœðrung’s baug_.
It then introduces quite another element, viz. the _tryggva-kaup_
(truce-buying).
Nú scolo fylgia tvau tryggva kaup baugi hverium.
Two tryggva-kaup shall go with every baug.
hvert scal eyrir oc fimtungr eyris tryggva kaup.
Each tryggva-kaup shall be 1⅕ ore.
En tryggva kaup scal fara bauga manna í mellom.
Tryggva-kaup shall go between _bauga-men_.
In the next clause it is explained that this ‘peace-price’
(_sættar-kaup_) is paid when the kinsmen come together to make peace,
and that three marks are also paid as _skógar-kaup_--‘forest price,’
_i.e._ payment to release the slayer from being a _skógar-maðr_, or
outlaw living in the forest.
The slayer pays a _baug_ to the son of the dead, and two _truce-prices_,
one to the brother and the other to the ‘_brœðrung_’ of the dead. And the
slayer’s brother pays a _baug_ to the brother of the slain and again two
truce-prices, one to the son of the slain and the other to the _brœðrung_
of the slain. And the _brœðrung_ of the slayer pays a _baug_ to the
_brœðrung_ of the slain and again two ‘truce-prices,’ one to the son
and the other to the brother of the slain. All this is for peace-buying
(_sættar-kaup_) when the kinsmen are met together to make peace.
Public-domain text, read in full here on John Shaqi.
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