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
We are dealing evidently here with a family of leysings growing into
a kindred, as under Cymric custom the family of the Aillt and Alltud
grew into a kindred. During all these four generations the family were
leysings with a _rett_ of six ores. But the fifth generation seems
to rise into a second grade of social rank and to attain the rank of
‘_leysings’ sons_’ with a _rett_ of eight ores. And further in another
four generations, those of the ninth generation again rise in social rank
and seem to become _árborinn_ or _ættborinn_ men, _i.e._ _men born in a
kindred_, with a _rett_ of sixteen ores. They can now boast of a full
leysing kindred. Their father, grandfather, and great-grandfather were
born in a kindred, and they have now full rights of inheritance. The
master and his descendants have no further hold on them or obligation for
their maintenance. Any lapsed inheritance now goes direct to the king.
The _árborinn_ or _ættborinn_ man, therefore, seems at last, at the
moment when a full kindred of his own has risen up to swear for him and
protect him by feud or wergeld, to have become clear from any claims
on the master’s side. And accordingly if any claim be set up he has to
prove his freedom by witnesses ‘that he can count four of his forefathers
as _árborinn_ men and himself the fifth.’ That is, he shows that his
great-grandfather was a man with an _ætt_ or kindred. If he can prove
this he is free from any claim in regard to his leysing descent.
En ef sá callaz árborinn er fyrir söc verðr, þá teli hann fióra
langfeðr sína til árborinna manna, en siálfr hann hinn fimta, oc
hafi til þess .ii. búanda vitni árborinna. En ef hann er svá
liðlauss at hann fær þat eigi, oc hefir þó þessa vörn fyrir sér,
þá sanni ætt sína árborna með guðscírslum. En ef hann verðr scírr
með iárne eða vitnisburð, þá gialldi hinn honum fulrétti, en
biscopi eiða sect. En ef hann fær sic eigi scírt, þá hefir hann
fyrirgort fé sínu öllu við scapdróttin, oc liggia á .iii. mercr
sylfrmetnar, nema hann launi af sér. Oc svá um vánar mann.
(Frostathing, IX. 10.) But if the accused calls himself _árborinn_
_let him reckon up four of his forefathers as árborinn men_, he
being the fifth himself, and have for it the evidence of two
árborinn householders. But if he is so supportless that he does
not get this, and yet sets up this defence [viz. that he is
árborinn], then he shall prove his kin to be árborinn by ordeal.
And if he is cleared by iron or evidence, the other shall pay him
full atonement, and to the bishop an oath fine. If he cannot
clear himself, he has forfeited all his property to his master,
and is liable to pay three marks in silver, unless he work it
off. The same applies to a _vánar mann_ [man of hope, _i.e._ the
higher class of leysing].
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