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
When it is further considered that in the Danish version of the Scanian
law there is no mention of the hauld, and that, as we have seen, the
_bonde_ seems to have been regarded as the ordinary householder or
_paterfamilias_ of the family holding, the inference becomes probably a
fair one that the _bonde_ was the typical _ingenuus_ or freeborn man for
the purpose of the wergelds.
If this may be assumed, then the wergelds of the Scanian law accord well
with the Norse wergelds. For in that case the wergeld of the bonde is 15
marks of silver in both laws. And further the wergeld of the _libertus_
of the Scanian law and that of the Norse leysing after he had made his
freedom’s ale also correspond, being half that of the bonde.
It may further be noted that as in the Norse law so also in the Scanian
law the payment for an eye or hand or foot was half a manbot, while the
full manbot was payable if both eyes or hands or feet were destroyed.[194]
VI. SCANIAN AND LOMBARDIC CUSTOM COMPARED.
[Sidenote: Lombardic custom.]
Before closing this very imperfect chapter on the Scandinavian laws it
may be well to compare with them clauses from the Lombardic laws relating
to the family holding of land and property ‘in communione.’
The laws of the tribes still remaining on the Baltic were five or six
centuries later in date than the laws of the Lombardic emigrants who
had left their old home and settled in the South upon Roman ground. And
yet in this matter we find traces of the same ancient custom of family
holdings underlying them both, notwithstanding wide separation, and what
is more, of the same process of change going on notwithstanding the
difference in date. Roman and Christian influences had not reached the
Scanian district on the Baltic till the twelfth century, and were only
then effecting changes which in the seventh century had already been
accomplished in Transylvania and Italy.
[Sidenote: Edict of Rothar. A.D. 643. Kindred of seven generations.]
The first clause to which reference may be made is s. 153 of the ‘Edict
of Rothar’ (A.D. 643). It is entitled ‘De gradibus cognationum.’ It
is interesting as showing that seven generations were necessary to the
complete kindred.
Omnis parentilla usque in septimum geniculum nomeretur, ut parens
parenti per gradum et parentillam heres succedat: sic tamen ut
ille qui succedere vult, nominatim unicuique nomina parentum
antecessorum suorum dicat.
Let every parentilla up to the seventh knee be named, so that
parent to parent by grade and _parentilla_ the heir may succeed;
so moreover that he who wishes to succeed must tell name by name
the names of his antecedent _parentes_.
Seven generations would reach back to the great-grandfather’s
great-grandfather, an important limit of kindred both in the Norse laws
and those of the Cymri.
Another clause of the same edict (c. 167), under the heading ‘_De
fratres, qui in casam communem remanserent_,’ enacts as follows:--
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