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
If one leysing marries another, and both father and mother have made
their freedom ale, the children of the marriage inherit from both. This
is the beginning of the rights to inherit. But it is accompanied by the
obligation to keep the children, who are no longer thralls of the master
but leysings like their parents.
What happens, then, if the parents fall into poverty and cannot keep
their children? Is the master to keep them or are they to starve?
En ef þau verða at þrotom, þá ero þat grafgangsmenn. Scal grava
gröf í kirkiugarðe, oc setia þau þar í, oc láta þar deyia. Take
skapdróttenn þat ór er lengst livir, oc fœðe þat síðan.
(63) If they come to extreme want, they are _grafgangsmenn_. A
grave shall be dug in the churchyard, and they shall be put into
it and left to die there. The master shall take out the one who
lives the longest, and feed that one thereafter.[184]
But it is not all leysing families which come to this gruesome pass.
It may be presumed that the leysing who had ‘made his freedom ale’ and
married and could make his own bargains and keep what property he and his
wife could accumulate was mostly prosperous.
[Sidenote: Children could inherit from him, but no other kin.]
In clause 106 the rules as to ‘leysing inheritance’ are described. If
the leysing who ‘made his freedom ale’ afterwards had children they
could inherit. But he had no other kin who could inherit: so if he died
childless the master took the property. As generation after generation
passed and a wider kindred was formed, any one of his (the leysing’s) kin
took in preference to the master and his descendants. But the rights or
chances of inheritance on the side of the master’s family did not cease
for nine generations from the first leysing who had ‘made his freedom
ale.’ So that if a leysing even of the eighth generation died without
kin the inheritance in this extreme case went to the descendants of the
master of the first leysing ‘to the ninth knee’ rather than pass by
failure of kin to the king.
Leysings erfð … scal taca til niunda knés, fyrr en undir konong
gange. Ðegar leysings sun tecr efter faður sínn, þá take hverr
efter annan. Nú verðr þar aldauða arfr í leysings kyni, oc er
engi sá maðr er þar er í erfða tale við hann er andaðr er ór
leysings kyninu, þá scal hinn er ór skapdróttens kvísl er, taca
til níunda knés fyrr en undir konong gange, þó at sá sé hinn átte
er andaðr er frá leysingjanom.
(G. c. 106.) A leysing’s inheritance shall be taken to the ninth
knee before it falls to the king. When a leysing’s son takes
after his father, then let one take after the other. If in a
leysing’s kin there comes to be an ‘all-dead’ inheritance, and no
one has inheritance-right after the deceased man of the leysing’s
kin, then one of his master’s kin shall take to the ninth knee
before it falls to the king, even though the deceased man be the
eighth from the leysing.
Public-domain text, read in full here on John Shaqi.
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