Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' — John Shaqi
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
The question who had to pay and who had to receive was moreover
complicated further by the fact that it involved maternal relations
as well as paternal relations. It has been very properly pointed out
that, however it might be as regards money payments, it is difficult to
conceive how the liability of maternal relations could be worked in the
case of actual blood feud and fighting. A man might have to fight for
his maternal relations against his paternal relations, or the reverse.
In such a case what must he do? How should he act? He might be in an
impossible position.
Light upon this point and others may be obtained, perhaps, when the
evidence of ‘Beowulf’ is analysed. This evidence will show that a man
may have good cause under tribal custom not to join in some feuds. And
further it will remind us that feuds often arose in contravention of
tribal usage, breaking the peace which in theory the link of marriage
ought to have secured.
In the meantime it would seem possible that the custom of a tribe might,
for anything we know, forbid marriage _within_ the near relationships of
the gwely, and _beyond_ the limits of the wider kindred. In such a case,
paternal and maternal relations might all be within the kindred, so that
properly speaking a quarrel between them could not become the subject of
a feud.
[Sidenote: Marriage a link between two gwelys. But as regards galanas the
wife remained in her own kindred.]
In such matters it is obvious that a good deal must depend upon the view
taken of marriage itself at the particular stage of evolution in which
the society might be. And it may as well be said at once that we should
be quite wrong were we to regard marriage from the Roman point of view,
_i.e._ as a transfer of the woman out of the _potestas_ of her parents
into the _potestas_ of the husband. The Cymric example, to begin with,
was quite different. The marriage of sisters to tribesmen from whom their
sons could inherit tribal rights was a duty cast upon the kinsmen of the
gwely.[26] It was thus an arrangement between two gwelys--a link between
them--but no transfer. If a wife were slain, her galanas or death fine
did not go to the husband and his family; it went to her kindred.[27]
If a wife should commit murder, it was the wife’s family and not the
husband’s on which rested the payment of galanas for her crime.[28] If
the husband were killed the wife took one third of the saraad or fine
for insult and wounding, but she took no part of the galanas of her
husband.[29]
These points are in a sense unexpected. They belong to a stage of social
life as far removed from Roman rules, or modern ones, as they are from
the stage in which a wife was either purchased outright or stolen. And
yet we shall find them in principle more or less clearly repeated in the
varying customs of some of the tribes whose laws we are about to examine.
IV. THE FISCAL UNIT FOR THE PURPOSE OF FOOD-RENTS TO THE CHIEFTAINS.
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