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
Item þe Croo of euerilk woman hafand husband is less be þe
thridpert þan þe cro of hyr husbande. And gif scho has nocht a
husband þan þe cro of hir is alsmekil as þe cro of hir broder gif
scho ony broder has.
* * * * *
Item le Cro et le galnys et le enach vnius cuiusque hominis sunt
pares scilicet in respectu de le enach feminarum suarum.
le cro ⁊ le galnis · ⁊ le enach a checū hōme sūt peirs · ceo est
a sauer le enach · pur sa fēme.
Item þe Cro and þe gallnes and þe enauch of euerilkaman ar lik
þat is to say in respic of enauch of þar wiffis.
It will be most convenient to put these payments of the cro and galnes
into a tabular form.
_King of Scotland_ 1000 cows = 3000 ores
King’s son and comes (earl) 140 cows = 420 ”
Comes’ son and thane 100 cows = 300 ”
Thane’s son 66⅔ cows = 200 ”
Thane’s grandson or ogthiern 44 cows & 21_d._ and ⅔_d._
All lower in _parentela_ or kin and
rustics 16 cows
[Sidenote: Thane’s wergeld 100 cows.]
The cro and galnes seem to be substantially the same thing as the
wergeld. The word ‘cro’ is of uncertain meaning. The ‘cro’ of the Brehon
laws is translated ‘property.’ It seems also to have had the meaning of
‘death.’ The word ‘galnes’ can hardly be other than the Welsh _galanas_
or wergeld. Whether the phrase ‘cro and galnes’ means two things or one
thing, and if two things, what the distinction between them was, it is
not easy to see. But evidently the two together made a single payment
for each grade of rank. The payments, moreover, are expressed in cows as
well as in ores and pence, and the payment of 100 cows seems to mark the
_thane_ as the typical and complete tribesman.
The two explanatory clauses introduce a third element, the ‘enach.’
The Cro of a woman having a husband is one third less than the
husband’s cro, and if no husband she has the same cro as her
brother.
The _Cro_ and the _galnys_ and the _enach_ of every man are
alike, that is to say in respect of the _enach_ of their wives
[_i.e._ one third less than the husband’s].
The enach, as already said, seems to be the honour-price of the Brehon
law. We have seen that, according to the Scotch addition and Glanville’s
clause, if a slave was injured by his master, he was to be set free and
his freedom was to be in the place of any other ‘enach.’ This accords
well with the Irish enec-lann and the Welsh saraad and the Norse rett,
all of which referred to insult rather than bodily injury.
[Sidenote: Payments for breach of peace of various persons.]
Public-domain text, read in full here on John Shaqi.
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