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
[Sidenote: Further steps into freedom at stages of three generations.]
Thus we seem to see the family of the leysing who had ‘made his freedom
ale’ gradually growing up into a kindred in successive stages until in
the ninth generation a kindred of leysings had been fully formed and
might be very numerous.
In the corresponding clause in the Frostathing law (IX. 11) further
details are mentioned. If not previously purchased by agreement with
the master, the ‘_thyrmsl_’ came to an end after four generations: that
is, the fifth generation was free from them. They lasted, therefore,
over the first four generations from the original leysing to his
great-grandchildren. For these four generations the leysing and his
descendants were the leysings of the master and his descendants.
[Sidenote: At the ninth generation the lordship over them ceases.]
Then the clause goes on to show that the first leysing having ‘made his
freedom ale’ shall take inheritance only of his son and daughter, and
of his own freedman. The sons of this leysing take inheritance from six
persons, viz. father, mother, sons, daughters, brothers, sisters, and,
seventhly, from any freedman of their own.
Svá scal sunr leysingia taca oc sunarsunr oc þess sunr … oc svá
dóttir oc systir sem sunr oc bróðir, ef þeir ero eigi til. Oc svá
scal hvárt þeirra hyggia fyrir öðru.
So shall the son of a leysing take, and his son’s son [grandson]
and _his_ son [great-grandson] … and daughter and sister like son
and brother, if there are none of these. Each _of these shall
provide for the other_.
Failing these leysing claimants, the inheritance rights revert to the
master to the ninth knee, and, it is added, ‘_also providing for these if
needed_.’
[Sidenote: Analogy of the Cymric gwely.]
There is here something very much like the Cymric gwely or family of
descendants of a great-grandfather with rights of maintenance under the
rules of ‘_tir gwelyauc_’ and mutual liability. Until a kindred has been
formed the master’s obligation to provide for the leysing remains, and it
does not cease altogether until the kindred is complete. In the meantime
as the kindred is formed its members are mutually liable for each other’s
maintenance. In this respect within the group of descendants of a
great-grandfather there is solidarity for maintenance as well as wergeld.
[Sidenote: The lordship over them ceases when a full kindred is formed.]
Public-domain text, read in full here on John Shaqi.
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