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 exceptional conditions of the Kentish district were continued by
its being the earliest to come into close contact with the court of the
Merovingian Franks, and with ecclesiastical influences from Rome. The
mission of St. Augustine resulted in the codification of Kentish custom
into written laws a century earlier than the date of the earliest laws of
Wessex.
The peculiar character of Kentish custom may have been further maintained
by the partial isolation of Kent. The kingdom of the Kentish kings,
though lessened in Ethelbert’s time by the encroachment of Wessex,
had maintained its independence of both the Northumbrian and Mercian
supremacy or Bretwaldorship.
Apart from any original difference in custom between Jutish and other
tribes this isolation naturally produced divergence in some respects from
the customs of the rest of Anglo-Saxon England and may perhaps partly
explain why the Laws of the Kentish Kings came to be included in only one
of the early collections of Anglo-Saxon laws.
Further, when we approach the subject of Kentish wergelds we do so with
the direct warning, already alluded to, of the writer of the so-called
Laws of Henry I., that we shall find them differing greatly from those of
Wessex.
[Sidenote: Wergelds said to differ from those of Wessex and Mercia.]
This we have said according to our law and custom, but the
difference of wergeld is great in Kent, _villanorum et baronum_.
Moreover, in after times Kentish custom differed from that of other parts
of England in the matter of succession. The custom of Gavelkind prevailed
in Kent. And among the statutes after the Norman Conquest there is an
undated statement setting forth peculiar customs of Kent in matters where
they differed from those of the rest of the kingdom.
Some of these differences may have been of later origin, but a comparison
of the laws themselves with other Anglo-Saxon laws is conclusive upon the
point that important differences always existed and, what is more, were
recognised as existing.
Although the Kentish laws are not included with other Anglo-Saxon laws in
any manuscript but that of Rochester, yet they were known to King Alfred.
He mentioned them in the proem to his laws as well as the Mercian laws as
among those which he had before him in framing his own. Moreover, we have
seen that at the time of the Danish invasion certain differences between
the Kentish and other laws were known and noted correctly in the fragment
‘Of Grith and of Mund.’
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