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
Looking at the position of persons at any given moment, from the point of
view of the thane, he has the earl and the king above him and the earl’s
son as his equal in rank. Their children and grandchildren belong still
to the chieftain class, but they are juniors or cadets of the class.
Even the grandchildren of the thane are _ogthierns_, or young thanes. In
natural course they may presumably take their father’s rank on his death,
but not until that happens. And possibly only the eldest son of the earl
or of the thane succeeded to the official position of chieftain of his
house.
Beyond this there is not much more to be gathered concerning the
gradations in social rank. Nor are we told anything about the division of
the amount among the members of the kindred receiving or paying the cro
as the case might be. We are told only that the cro and galnes belonged
to the kin of the person slain.
Turning from the cro and galnes to the _kelchin_: what are we to make of
it?
[Sidenote: The kelchin like the Welsh saraad for insult.]
The gradations resemble those of the cro to this extent, that the kelchin
of each grade was one third less than that of the one above, but the
kelchin was no direct fraction of the cro. The kelchin seems, as we have
said, to be something like the Welsh _saraad_ for insult or wounding,
the Irish _enec-lann_ or honour-price, and the Norse _rett_ or ‘personal
right;’ but it does not seem to correspond altogether with any one of
them.
All we know is that on the homicide of a person, whoever he might be, in
addition to the cro and galnes, the kelchin had to be paid. But it was
a payment which, like the Cymric saraad, according to the interesting
explanation given, did not go with the wergeld proper to the kindred or
relations in blood. When a wife was slain, the husband, who was not a
blood relation or of the kindred of the wife, took the kelchin, while the
wergeld proper--cro and galnes--went to her kindred.
[Sidenote: Each grade had a precinct and a fine for breach of it. But not
the carl or rustic.]
Turning to the payment which had to be made for breach of the peace
or protection of the lord, it was a payment due to the king if the
homicide were perpetrated ‘in pace regis,’ and to a person of each
grade in succession, even to the thane’s grandson, in case the homicide
were committed within his precinct. Only the carl or rustic received no
payment, as presumably he was living on the land of a lord, who would,
therefore, claim it.
Public-domain text, read in full here on John Shaqi.
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