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
Then, in clause 245, the women’s gifts are described. The slayer, his
mother, his daughter, and his wife each give a gift of 1⅕ ore to the
wife, mother, and daughter of the slain--making twelve gifts. The sister
of the slayer gives a half gift to the sister, wife, daughter, and mother
of the slain (two gifts), and the slayer, his mother, wife, and daughter,
each give a half gift to the sister of the slain, making the number of
women’s gifts sixteen in all.
The amounts thus stated add up as follows:--
Baug payments 12 marks 4 ores
6 truce payments -- 7⅕ ”
Forest price 3 ” --
16 women’s gifts 2 ” 3⅕ ”
-------------------
18 marks 6⅖ ores
The amount aimed at seems to be 18 marks (the upnám payments being 9
marks), and yet the total is stated as follows:--
Now with _baugar_ and with _tryggvakaup_ and _skógar-kaup_ and
women’s gifts it is 20 marks and 2⅖ ores.
Absolute accuracy need not be expected, but there must be a reason for
the difference between eighteen and twenty marks--between the detailed
payments and the total--and it is difficult to suggest any other than the
one already mentioned.
The total amount of the bauga payments seems to be the same in this as in
the other statement, but a new element is introduced with an obvious and
interesting object.
The bauga-men, as before, consist of three groups. The slayer pays
the _baug_ to the son of the slain and appeases the other two groups
by payment to each of them of a truce-price, so that to all the three
bauga groups of the relations of the slain he has acknowledged his wrong
and desire to make composition. And so in each case the representative
of the other two groups of slayer’s relations pay the _baug_ to the
corresponding group of the relatives of the slain and a truce-price to
the other two, so that no relation of the slain could after this point
to any individual as not having joined in the payment to himself or his
group.
The women most deeply concerned on both sides are also present at the
gathering. And each of those connected with the slayer is prepared with
her gift of 1⅕ ore for the corresponding relative of the person slain.
Women’s gifts were included in the bauga payments in the other statement
also.
The clauses relating to the bauga payments are followed by three others,
headed ‘On saker,’ and the further recipients of wergeld, as before,
seem to be divided into _upnáms_ and _sakaukar_, but in this case there
is a strange mixture of the two. The mother’s brother and the sister’s
son are excluded from the upnáms to make way for the half-brother by the
same mother of the thrallborn son.
Clause 246, ‘On saker,’ gives twelve ores to each of the following, who
in clause 250 are called _upnám_ men.
Public-domain text, read in full here on John Shaqi.
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