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
Item if the woman of a carl be slain, the lord of the fee where
he dwells shall have the Kelchin and the vilein shall have his
wife’s _turhochret_ of the Kelchin and her kin shall have the cro
and the galnes.
If a man be killed in the host, his lord shall have the Kelchin
and his _parentes_ the cro and the galnes and the King eight cows
_flatha_.
These clauses of explanation are very important when we try to understand
the laws to which they are appended as a whole.
* * * * *
[Sidenote: The thane’s wergeld the normal one of 100 cows.]
Commencing with what seems to be the wergeld, the ‘cro and galnes’ of the
thane, who may be taken as the typical freeman, was 100 cows. We have
seen that the value of the cow was three ores of silver or, at a ratio of
one to eight, 192 wheat-grains of gold. The wergeld was therefore, not
only the usual round number of 100 cows, but also in gold value, like
that of the Cymric codes and so many others, exactly 19,200 wheat grains
or 200 gold solidi.
If we try to trace the connection of this wergeld with those of other
tribes, the coincidence with the normal wergeld does not help us much.
It is the same as the Welsh galanas of the uchelwr, and the use in the
laws of Cymric and Gaelic words might lead us to look upon the wergeld
as a Celtic one. But the equality in the payment is in _gold_ and not in
the number of cows. The cro of the thane was 100 cows. The galanas of the
Welsh uchelwr was 120 cows. Moreover, the cows in which the Welsh galanas
was paid were equated with three scores of silver, _i.e._ three Saxon
ounces of 20_d._, while the cows in which the cro was paid were equated
with three ores of 16_d._ And this seems to point to a Danish connection.
All these things taken together seem to point to a mixture and confusion
of influences rather than to a single origin.
* * * * *
The gradations of rank and position disclosed by the amount of the cro or
wergeld seem to be based upon family seniority, and to have a character
of their own.
[Sidenote: The gradations of rank in the family.]
The King of course stands at the head of the list with a cro of 1000
cows. His son takes equal rank with the earl with a cro of 140 cows. The
earl’s son is of equal rank with the thane, and they have a cro of 100
cows. Then comes the thane’s son with a cro of one third less, or 66⅔
cows, and next the thane’s grandson with a cro one third less again, of
44 cows and 21⅔ pence. All below this in _parentela_ or kin are classed
with rustics or carls, with a cro of 16 cows.
Public-domain text, read in full here on John Shaqi.
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