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
Finally, if this may fairly be taken to be the wergeld of the hauld,
then, recurring to the repeated statement in the Gulathing law that the
wergeld of the hauld being told, the wergelds of others ‘varied according
to the rett,’ the wergelds of the several classes in Norse social rank
may, it would seem, with fair probability be stated as follows:--
+-----------------------------+-----------+-----------+----------+
| | Rett in |Wergeld in |Wergeld in|
| -- |silver ores|silver ores| cows |
+-----------------------------+-----------+-----------+----------+
| Leysing before freedom ale | 4 | 40 | |
| ” after ” ” | 6 | 60 | 24 or 25 |
| Leysing’s son | 8 | 80 | 32 |
| Bónde | 12 | 120 | 48 or 50 |
| Ár-borinn or Ættborinn-man | 16 | 160 | 64 |
| Hauld or Odal-born | 24 | 240 | 96 or 100|
+-----------------------------+-----------+-----------+----------+
The significance of these gradations in the retts and wergelds of Norse
tribal society will become apparent in our next section.
III. THE GRADATIONS OF SOCIAL RANK DISCLOSED BY THE WERGELDS ETC.
We are now able to devote attention to the interesting question of the
gradations in social rank under Norse tribal custom. And we are fortunate
to have the guidance of Dr. Konrad von Maurer’s valuable paper written in
1878 and entitled ‘Die Freigelassenen nach altnorwegischem Rechte.’
[Sidenote: Grades of social rank in the churchyard.]
Although tribal custom, viewed as we view it after the acceptance of
Christianity, may not be altogether what it was originally in its
actual working, yet still it is worth while to seek for the principles
underlying the separating lines between social conditions as revealed
in the laws. So far as they can be discovered, they are sure to be
instructive, for they cannot have been the result of the sudden change in
religion. Their roots at any rate go far back into tribal custom, however
much, as in other cases, the Church may have adopted and modified what it
could not eradicate.
The hard lines of distinction between social classes were kept up even in
the churchyard.
Kirkiu garðe er skipt í fiórðonga til griæftar. Skall grafua
lænda menn austan at kirkiu oc í landsuðr undir vxa [_v.r._ upsa]
dropa, ef þæir æigu lut í kirkiu giærð. En ef þæir æigu æigi lut
í kirkiu giærð, þá skullu þæir liggia í bónda legho, þá skall
grafua hauldzmen oc þæira börn.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account