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
Professor Vinogradoff[183] has suggested that the evidence of Norse and
Icelandic wergelds seems to point to an original organised group of
agnates who were bauga men and formed the kernel of the kindred liable
for wergeld as contrasted with after additions of relations on both
paternal and maternal sides and others more or less nearly concerned.
The Cymric precedent would lead us to expect to find thrallborn sons as
well as legitimate sons among the bauga men without any special mention
as such. Under Christian influences they may have been excluded from this
group to find a place ultimately, sometimes with special mention, in the
upnám group.
It may or may not have been so, according to the stage of moral growth
arrived at in the particular case of this tribe or that, at the
particular period in question. Hence, although under Norse custom the
amount of the normal wergeld of the hauld may have been constant, the way
in which it was divided and the group responsible for its payment may
well have varied from time to time and in different districts.
It has already been noticed that even under the later methods of awarding
as wergeld an even number of gold marks, both the Gulathing and the
Frostathing laws, in the case of the award of 6 marks of gold, draw a
line, the one at 18 and 27 marks and the other at 20 and 30 marks, as
though these amounts had a strong traditional sanction. Even in the
case of the lower awards the scheme of division being the same with
proportionately lessened figures, this portion of the wergeld was always
divided into two thirds of bauga payments and one third of nefgildi or
upnám payments. This seems to be strong evidence that, although the
persons forming the groups may have differed, the two groups formed
originally an inner and an outer kernel of the wergeld proper, the
additions to which may fairly be regarded as sakaukar.
The repetition of evidence in both laws that the bauga payment of two
thirds was followed by another third of nefgildi or upnám payments, when
connected with the further fact that the two together made an amount
which was, at the value of the cow stated in the laws, equated with 96
or 100 cows, seems to confirm the hypothesis that in this amount we have
the normal wergeld of the hauld. To Professor Vinogradoff’s suggestion
that the bauga payments may have formed an original inner kernel of the
wergeld we may therefore perhaps add that the nefgildi and upnám payments
may have formed an outer shell of the kernel, and that both may have been
included in the original normal wergeld of 96 or 100 cows.
[Sidenote: Wergelds of the several grades of social rank.]
Public-domain text, read in full here on John Shaqi.
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