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
Finally, the point which in the Scanian laws was most suggestive of the
original completeness of the family community of property, viz. that
originally there was no succession of sons to their father’s share, but
division _per capita_ between the uncles on the grandfather’s death,
appears again in the Lombardic laws and is dealt with in the seventh
century practically in the same way as in Scania it was dealt with
centuries later.
From the tribal point of view the solidarity of the family group was the
chief interest regarded. But the point of view was changed. Under the
new influences the interests of the individual came more and more into
prominence.
[Sidenote: No succession of sons by representation at first, but
afterwards allowed.]
It now seemed unjust to the sons that their father’s property should be
allowed simply to lapse into the common stock of the family till the
grandfather’s death and then left to be divided among the uncles. And to
mitigate the injustice the right to succeed was given, in the Lombardic
as in the Scanian laws, to the limited extent that upon the grandfather’s
death the sons took the share of their father with the uncles in the
division, as if he had been living at the time.
S. 5 of the ‘Leges a Grimowaldo additæ’ is headed ‘_De successione
nepotum qui post mortem patris in sinu avi remanserint_,’ and is as
follows:--
Si quis habuerit filios legitimos unum aut plures, et contigerit
unum ex filiis vivente patre mori, et reliquerit filios
legitimos, unum aut plures, et contigerit avo mori, talem partem
percipiat de substantia avi sui, una cum patruis suis, qualem
pater eorum inter fratribus suis percepturus erat si vivus
fuisset.
If any one shall have legitimate sons, one or more, and it
happens that one of the sons dies, the father being living, and
he leaves legitimate sons, one or more, and it happens that
the grandfather dies, let him [the son] take such part of the
substance of his grandfather together with his uncles as their
father if he had been alive would have taken among his brothers.
Similiter et si filias legitimas unam aut plures, aut filii
naturales unum aut plures fuerint habeant legem suam, sicut in
hoc edictum legitur. Quia inhumanum et impium nobis videtur, ut
pro tali causa exhereditentur filii ab hereditatem patris sui pro
eo, quod pater eorum in sinu avi mortuos est, sed ex omnibus ut
supra aequalem cum patruis suis in locum patris post mortem avi
percipiant portionem.
Public-domain text, read in full here on John Shaqi.
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