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 kingdom of Egbert did not extend over Northumbria, and Northumbria
had its own independent connection with the Court of Charlemagne. It
had its own mode of monetary reckoning in ‘thrymsas,’ and from the
Northumbrian fragments already examined we have gained some glimpses into
its ancient customs.
The document next to be examined refers to Northumbria, and, as it dates
from the period immediately preceding the time of Charlemagne, it helps
to bridge over the gulf between the Laws of Alfred and Ine.
[Sidenote: Egbert, Archbishop of York, A.D. 750.]
It is in the form of a Dialogue or set of questions put to Egbert,
Archbishop of York, by his priests, with his answers thereto, and its
date may be about A.D. 750.
Egbert, Archbishop of York, was an important figure in Anglo-Saxon
history. The brother of Eadbert, the Northumbrian king, the recipient on
his accession to his episcopal dignity of the remarkable letter of Bede
describing the religious anarchy of his diocese, the founder of the great
school at York, in which his pupil Alcuin was educated and from which
he migrated to the Court of Charles the Great, Egbert was an important
personage, and the centre of beneficent influence in the Northumbrian
church and kingdom.
[Sidenote: His Roman and clerical point of view.]
Moreover, this document, so far as it goes and as regards the matters
mentioned in it, deals with the questions raised by it avowedly from an
ecclesiastical point of view. The great ecclesiastic comes down upon his
diocese from a wider world. He had been educated and ordained deacon at
Rome. And just as in the monastic rules of St. Benedict Roman weights
and measures were adhered to, so when this archbishop has to speak of
money matters, ignoring all local currencies, he still thinks and speaks
and calculates in the terms of the Roman Imperial currency, and not in
Anglo-Saxon sceatts and scillings, or in the thrymsas of Northumbrian
usage.
The Dialogue contains several interesting clauses.
[Sidenote: What to be the value of the oaths of clerics.]
The first to be noticed is in answer to the question as to the value to
be attached to the oaths of the bishop, priest, deacon, and monk. The
reply is:--
Ordines supradicti, secundum gradus promotionis, habeant
potestatem protestandi: presbiter secundum numerum cxx
tributariorum; diaconus vero juxta numerum lx manentium; monachus
vero secundum numerum xxx tributariorum, sed hoc in criminali
causa. Cæterum si de terminis agrorum oritur altercatio,
presbitero liceat juramenti sui adtestatione terram videlicet
unius tributarii in jus transferre æcclesiæ. Duobus quoque
diaconis id ipsum conceditur. Testificatio vero trium monachorum
in id ipsum sufficiat.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account