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
First the Burgundian and Wisigothic laws are briefly examined, as showing
most clearly the disintegration of tribal custom caused by early contact
with Roman and Christian influences.
Next are examined the traces of tribal custom in the laws of the Salic
and Ripuarian Franks and of the tribes conquered by the Merovingian
Kings. Separate consideration is then given to the laws of the tribes
conquered by Charlemagne.
The earliest Norse and Scanian laws next claim a full share of attention;
for, although much later in date than the others, they exhibit earlier
conditions of tribal custom.
Lastly, after a short chapter on tribal custom in the ancient laws of
Scotland and the ‘leges inter Brettos et Scotos,’ attention is turned to
the Anglo-Saxon laws, and they are approached from the tribal point of
view and the vantage-ground afforded by the previous study of the tribal
customs of the Continental tribes.
That by this method of study some fresh light may have been thrown on the
conditions of early Anglo-Saxon society I think the reader will admit.
And imperfectly as the work has been done, the bringing of Anglo-Saxon
evidence more into line with the Continental evidence will, I think, be
accepted as a permanent gain.
After all, we are but trying to advance a step or two further, as
regards some particular points, the general intention of the masterly
contributions of Dr. Konrad von Maurer, made nearly half a century ago to
the _Kritische Ueberschau_, which I think have hardly been sufficiently
kept in view by English historical students.
How far the evidence contained in this Essay may be found on full
consideration to modify previous views of others or my own the reader
will be left to judge. I have tried throughout to bring an open mind
to the inquiry from a fresh point of view, with but little regard to
foregone conclusions. Any new facts elicited will find their proper place
without displacing those already known, however much they may ultimately
modify the conclusions provisionally drawn from the latter.
The method of inquiry from the known to the unknown is essentially a
tentative method. It necessarily leads to results which, if isolated,
easily mislead and may be still more easily misapprehended. But
correction comes with perseverance in the same method from other points
of view, whilst in the intermediate stages of such an inquiry the student
has to learn to be content sometimes with a provisional restatement of a
problem rather than a premature solution.
Public-domain text, read in full here on John Shaqi.
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