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
In Chapter XCIX. the ordeal of hot iron is described as having three
forms: (1) that of walking on twelve red-hot plough-shares; (2) that
called ‘trux iarn,’ applied to cases of theft: _i.e._ carrying an iron
twelve feet and then throwing it into a basin; (3) that of carrying it
nine paces and then casting it down: called, from the throwing, _scuzs
iarn_. After the ordeal the feet or hands, as the case might be, were to
be wrapped in cloth and sealed to prevent fraud, and so to remain till
the sabbath, on which day it should be opened and viewed in order to
ascertain the innocence or guilt of the accused.
This is one of the clauses which fixes the date of the Latin version, for
the ordeal was abolished in A.D. 1215.[191]
On the whole, we may fairly conclude that the Scanian law when regarded
from a tribal point of view affords additional evidence of family
occupation or ownership and of the solidarity of the family group in
Scandinavian society. But at the same time it shows that in Scandinavia,
as elsewhere, family ownership was gradually succumbing to the new rules
of individual ownership.
* * * * *
The same process of gradual disintegration of tribal usage is visible
also in the chapters relating to wergelds.
[Sidenote: The Scanian wergeld.]
In Chapter XLIII. it is enacted that the amount to be paid for homicide
is not to exceed 15 marks of silver.
[Sidenote: How it was divided.]
In Chapter XLIV. it is stated that the wergeld is to be divided into
three equal parts, of which each is commonly called a _sal_. And in the
next chapter, ‘De Compositione,’ we are told that before the time of the
last constitution it always lay upon the slayer or his heir to provide
the first portion only from his own property. He might then exact the
second portion from his agnates, and finally the third and last from his
cognates. Then it proceeds to say that, as excessive amounts were levied
by violence upon the kindred, King Canute had laid down certain rules for
the payments. _Inter alia_, it was enacted that of the two thirds falling
on the kindred, both agnates and cognates being computed in their grades
of kinship, the prior grade should always pay twice as much as the grades
behind it.
Further, in Chapter XLVII. it is stated that according to ancient law the
distribution should be so made that each third should be divided again
into sub-thirds, one of which should be paid to the heirs of the slain,
the second to the agnates, and the third to the cognates.
[Sidenote: Later modifications.]
Public-domain text, read in full here on John Shaqi.
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