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
They cannot break up the gwely of ‘the grandsons of B’ because they are
not second cousins. But when all of them are dead, their children will be
second cousins and may do so, and then three new gwelys will be formed in
the same way as above, and so on for ever. The process is continuous and
always within the same rules of ‘tir gwelyauc.’
This seems to be the state of things as regards succession within the
gwely resulting from the rules laid down in the Codes and found at work
by the surveyors of the Lordship of the Honour of Denbigh. But we must
remember that, apart from these rights of succession, each tribesman on
becoming a tribesman had been the recipient of his _da_, and so had had
cattle of his own all along in the common herd.
[Sidenote: The rights of females in the gwely.]
Finally, the position of females in the gwely should not pass without
recognition. They are not mentioned in the statements of landed rights
because, provision having been made for their maintenance independently
of their father, they were assumed, whilst claiming their ‘gwaddol’ or
portion, to take this with them, on marriage, out of the gwely. They
ought to be married into another gwely, within which their sons in due
course would receive inheritance and landed rights by paternity. Only
on failure of this could their sons claim landed rights by maternity in
their mother’s original gwely.[25]
III. THE LIABILITY OF THE WIDER KINDRED FOR _GALANAS_ IN CASE OF HOMICIDE.
Such being the _gwely_, we pass on to the wider kindred, embracing the
descendants of seven (and for some purposes nine) generations from a
common ancestor.
[Sidenote: The galanas in lieu of blood feud between kindreds for
homicide, but none within the kindred.]
We find from the Cymric Codes that the members of the wider kindred
had common responsibilities in case of a homicide causing a blood feud
between kindreds. A murder _within_ this wider kindred was regarded as
a family matter. The murderer was too near of blood to be slain. No
atonement could be made for so unnatural a crime. There was no blood
fine or ‘galanas’ within the kindred. The murderer must be exiled. But
a murder of a member of one kindred by the member of another, inasmuch
as, if unatoned for, it would under tribal custom have produced a blood
feud between the two kindreds, was the proper subject for the substituted
payment of the blood fine or ‘galanas.’ The galanas was thus a payment
from one kindred to another in lieu of the blood feud. But its amount
was divided in payment on one side and in distribution on the other, in
varying proportion according to nearness of relationship to the murderer
or the murdered person as the case might be. And in these payments and
receipts all the individual tribesmen within the kindred who had received
their _da_ must take their share if needful.
[Sidenote: Payment and receipt by maternal as well as by paternal
relations.]
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