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
The position of the carl or rustic, or in Norman French the _vilein_,
is interesting. If his wife was killed the lord took the kelchin. The
homicide was reckoned as an insult and loss to him. The wergeld did not
go to the husband but to the kindred of the wife, as in the case of those
of higher grade. So that, so far as this at least, there was recognition
of kindred in the rustic’s position. His ‘cro and galnes’ was just about
one sixth of that of the thane and presumably went to his kin--as his
wife’s cro and galnes went to her kin.
There is one other point as yet unexplained--what was the ‘turhochret’?
It occurs in the clause:--
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 kyn shall have the cro
and the galnes.
There are so many Gaelic words in this document that there can be little
doubt that the _turhochret_[208] is one of them. It seems to have been
the part of the kelchin allowed by the lord to go to the husband in
respect of the insult to his wife--_i.e._ _her_ share in the kelchin.
Whatever it was, when the wife was slain, the husband retained it, while
the lord took the rest of the kelchin, and the wife’s kin the cro and
galnes of their slain kinswoman. The information given is scanty, but it
is difficult to make this passage mean anything else.
[Sidenote: The wife belonged to her own kindred.]
One thing is made remarkably clear in this document: that the wife of
the free tribesman did not among the Bretts and Scots pass upon marriage
under the full _potestas_ of her husband. On her murder, while it was
an insult to him and he therefore could claim the kelchin, the cro and
the galnes passed to her kin. The wife, therefore, in a very real sense
belonged still to her own kindred.
These rules of tribal custom as regards marriage need no longer surprise
us after what we have found elsewhere. They closely resemble in principle
Cymric usage and are, after all, what the study of Beowulf prepared us to
regard as by no means confined to the Celtic tribes.
IV. RECOGNITION OF THE FOURTH AND NINTH DEGREES OF KINDRED IN SCOTLAND.
In the foregoing sections no distinct reference has been made to the
recognition of the fourth and ninth degrees of kindred. It would be
misleading to pass from the Scottish evidence without allusion to the
subject.
Strongly influenced as custom in Scotland must have been by both Cymric
and Gaelic as well as Norse and Danish traditions, it would be strange if
no trace were left in Scotland of so marked a feature of tribal policy.
[Sidenote: The nine degrees of kindred.]
Public-domain text, read in full here on John Shaqi.
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