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: Family holdings.]
Si fratres post mortem patris in casa commune remanserint,
et unus ex ipsis in obsequium regis aut judicis aliquas res
adquesiverit, habeat sibi in antea absque portionem fratrum;
et qui foras in exercitum aliquit adquisiverit, commune sit
fratribus quod in casa dimiserit.
If brothers shall have remained in the common home after the
father’s death and one of them shall have acquired some property
in service of the king or judge, let him henceforth have it for
himself without the brothers sharing in it. And if one shall have
acquired anything abroad in the army let that be in common to the
brothers which he left behind in the home.
Et si quis in suprascriptis fratribus gairethinx fecerit, habeat
in antea cui factum fuerit.
And if any one of the said brothers makes a donation, let him to
whom it was made have it henceforth.
The rest of the clause refers to payments to a wife brought into the
family holding by a brother. The ‘meta’ or portion has, in this case,
been given to her on marriage out of the common property, and so the
rights of the other brothers have to be considered.
Et qui ex ipsis uxorem duxerit, et de rebus communes meta data
fuerit: quando alteri idem uxorem tollere contigerit, aut quando
ad divisionem faciendam venerit, simili modo de comunes rebus
ei refundatur aliut tantum quantum frater in meta dedit. De
paterna autem vel materna substantia quod relicum fuerit inter se
æqualiter dividant.
And he who of them marries a wife and her _meta_ was given from
the common property, whenever it happens to another likewise to
take a wife or whenever it comes to a division being made, in the
same way there shall be refunded to him from the common property
as much as the brother gave in meta. But whatever is left of the
paternal or maternal substance let them divide among them equally.
[Sidenote: Rules of family divisions.]
Attempts to settle such questions as these, whether and how far property
acquired by one brother is to form part of the common family property
or be retained by the brother acquiring it, and again how the fact that
the payment for a wife’s ‘meta’ had been taken from the common family
property was to affect the rights of the brothers when they came to
a division, are in themselves good proof, so far as they go, of the
continuance of family holdings. But the changes made by these clauses
show the same tendency which we have seen in the Scanian laws towards
individual ownership and the breaking up of the family holdings.
Public-domain text, read in full here on John Shaqi.
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