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
Father’s brother 12 ores
Brother’s son 12 ”
Brother by the same mother 12 ”
Thrallborn son 12 ”
Daughter’s son 12 ”
Mother’s father 12 ”
-------
72 ores = 9 marks.
So that the bauga and upnám payments--two thirds and one third--added
together once more make a normal wergeld of twenty-seven marks, that is,
thirty of the Merovingian standard.
Then clause 247, ‘Further on saker,’ gives to--
Mother’s brother 9 ores
Sister’s son 9 ”
Thrallborn brother 9 ”
Father’s sister’s son 6 ”
[Sidenote: The whole wergeld 2 marks of _nova moneta_ or 30 Roman marks.]
And in clause 248 ‘further on saker,’ a thrallborn father’s brother and a
thrallborn daughter’s son by a kinborn father, take each a mark.
The traditional wergeld seems, therefore, once more to be 27 marks of
Charlemagne or 30 Merovingian marks, and the additional payments appear
to be _sakaukar_. But the upnám group in this case includes the brother
by the same mother and the thrallborn son, leaving outside as sakaukar
the mother’s brother and the sister’s son and the father’s sister’s son
along with the thrallborn brother.
[Sidenote: Payments to outsiders additional to secure safety, and varied
locally.]
It is not within the scope of this inquiry to attempt either to
explain, or to explain away as of no moment, the variations in the
persons included under the various schemes in the groups of bauga and
nefgildi or upnám men. Even such a question as that of the exclusion
from the upnám group of the mother’s brother and the sister’s son, to
make way for the illegitimate half-brother and thrallborn son, is not
necessarily to be disposed of as a later alteration in favour of those
of illegitimate birth. For the Cymric precedent might well lead us to
an opposite conclusion, inasmuch as in the laws of Howell, in spite of
strong ecclesiastical opposition, the ancient pagan custom of admitting
illegitimate sons to share in the father’s inheritance was defended and
retained as too fully established to be given up.[182] Looked at from
the point of view of the feud, they were naturally more on the spot and
therefore of much more moment than the mother’s brother or the sister’s
son.
Public-domain text, read in full here on John Shaqi.
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