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
Qui aliquem de parentibus suis occidet, dignis apud Deum
penitencie fructibus emendet; et in modo penitencie sit, si
sponte vel casu perpetravit; et excidat emendacio patrini sicut
manbota domini: si non pertineat ei utrumque, et aliorum
importunitate, quorum consanguineus est, cogatur eum reddere,
sapientum hoc judicio, secundum genus, componatur.
He who shall slay any one of his _parentes_, let him make amends
by fruits of penitence worthy before God. And let the measure of
the penance be according to whether he did it willingly or by
accident. And the correction of the sponsor falls just as the
manbot of the lord. If there does not pertain to him either the
one or the other and by the importunity of others whose kinsman
he is he shall be compelled to pay, let it be compounded for by
judgment of wise men whatever that may be.
The homicide of a kinsman was apparently still generally free from
judicial interference or criminal law. The slayer is handed over to the
Church and his punishment is spiritual penance. Even the manbot to the
lord who has lost a man through his crime fails to be paid. But should
there be a fear of trouble through the importunity of any of the kinsmen
of the slain demanding compensation, then a compromise was to be effected
by reference to the judgment of wise men. Tribal feeling is evidently
not yet dead, although beginning in this matter to yield to the more
modern view of individual responsibility for crime without regard to the
question of kindred. There is at the same time recognition of the fact
that the weakened tribal feeling is no longer always able to restrain the
kinsmen from revenge in the case of wrong done within the kindred.
[Illustration]
CHAPTER XI.
_DANISH VIEW OF ANGLO-SAXON CUSTOM._
I. THE ‘DE INSTITUTIS LUNDONIE’--OF CNUT (?)
[Sidenote: Fresh point of view.]
Having thus tried to obtain, from the so-called ‘Laws of Henry I.’
(whatever they may be), a Norman view of Anglo-Saxon custom, we recognise
that on some points we may have learned more from this Norman view than
could directly have been learned solely from the earlier Anglo-Saxon laws
themselves.
The reason of this is obvious. Special laws issued at various times
by Saxon kings do not profess to cover the whole ground of existing
and well understood custom. Rather should special laws be regarded as
modifications of custom made necessary at different periods by new
circumstances. Thus no one of the sets of laws can be expected to give a
general view of custom as a whole.
Public-domain text, read in full here on John Shaqi.
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