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
And, apart from this monetary question, the clause is interesting as
marking the claim that all ecclesiastical causes should be settled by the
clergy themselves.
In case of crime by an ecclesiastic against a layman the Church reserved
the right to stop the layman’s prosecution by payment of the wergeld
or other satisfaction. At the same time the Church was to claim double
compensation from laymen committing crime against nuns. It is impossible
to disassociate this document from the letter of Bede describing the
religious anarchy of the diocese caused by the abuses of the loose
monastic system in vogue, and urging the newly appointed prelate, who was
not yet Archbishop, to undertake their energetic reformation.
[Sidenote: The Church succumbed to the wergeld system.]
But for the present purpose the real worth of these statements is the
independent evidence they give of the continued strength of the wergeld
system and the force of tribal custom in the Northumbrian kingdom before
the Norse invasions. The sense of individualism in Christianity was
opposed to the solidarity and joint responsibility of the kindred. But
instead of fighting against the wergeld system the Church had actually
succumbed to it, and adopted it for its own advantage, placing a money
price upon the blood of its several ecclesiastical ranks, making the
value of the priest four times that of the monk.
The system of compurgation, again, was a part of tribal usage. The Church
adopted it and graduated the worth of the oaths of its various grades
according to secular usage, making the oath of the priest in evidence
four times the value of that of the monk.
In other words, in England, as on the Continent, the clergy, instead of
combating tribal custom in these matters, took their place in the order
of secular rank according to their several grades, bishops claiming
the wergeld of princes, and priests that of thanes, with, however, the
obviously useful reservation that if their secular rank by parentage
and birth should be higher than their ecclesiastical grade, the higher
wergeld should be theirs.
All this we see in the course of being introduced into Northumbrian usage
in answer to local inquiry and local needs, upon the authority of perhaps
the very wisest of Saxon prelates.
The wisdom of such accommodation as this on the part of the Church to
pagan tribal usage is not the matter in question. The point of the
evidence is the proof it gives of the continued strength of tribal usage
in England after many generations of occupation and settlement.
III. THE DOOMS OF INE, A.D. 688-725.
The Dooms of King Ine occupy so important a position as the earliest
direct information upon Anglo-Saxon custom apart from Kent that they
demand careful separate study.
We ought to be able to learn something from them of the aim and spirit of
legislation in Wessex two centuries before King Alfred added them to his
laws.
* * * * *
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