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
(1) If a _filiusfamilias_ established with his wife in the
paternal rites shall, without definition of the exact quantity,
have added to property of his father property which he himself
had with his wife; then, however many sons there may be, they
shall, after the death of their father, receive _equal shares
per capita with the grandfather and other co-sharers_ in the
common substance even of lands acquired after the marriage was
contracted, (2) they having to be excluded from other lands by
the prior grade. (3) But if in the _mansio_ of his father the
property which he had with his wife, had been defined, _that
alone_, if the grandfather was alive when the father died, shall
go to the sons, however many they may be.
The Danish text (I. 5) is as follows:--
Vm bondæ sun förœr kono sina j bo mœth faþœr sinum.
If a bonde’s son brings his wife into the house with his father.
(1) Far bondæ sön konu oc förær hanæ j bo mæth faþur sinum, oc
aflær barn wiþær hana oc læghs æy fælegh theræ i mællin, um tha
dör bondans sön, tha taki all hans börn fullan lot æftir theræ
faþær æm wæl j köpæ iorth sum j bolfæ. (2) Æn af hans fæthrinis
iortho fa the æy wattæ mer æn han will giuæ them. (3) læghs
fælagh, tha fa the æy mer æn han atte j bo.
(1) If a bonde’s son gets a wife and brings her into the house
with his father and begets a child with her and no partnership
is made between them,[189] if the bonde’s son dies, then let
all his children take a full lot after their father as well in
land purchased as in moveables. (2) But of his [the bonde’s]
father’s lands they get not a whit more than he will give them.
(3) If partnership is made, then take they no more than he [their
father] owned in the house.
[Sidenote: If no arrangement on marriage wife’s property merged into the
family stock.]
This clause, in both the Latin and the Danish version, confirms the
inference from the previous one, that there was a difference of
destination as to the property of husband and wife according to whether
it had or had not been ‘defined’ and so put in partnership as joint
property of the husband and wife separately from the property of the
family group represented by the grandfather.
If not so defined, it became apparently under ancient custom part of the
common family property and so divisible after the grandfather’s death
among all the _consortes_ instead of going solely to the children of the
marriage.
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