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 when the power of the chieftain had grown with time, and instead of
‘nights’ entertainments’ obtained in the primitive way by the actual
movement of himself and his retinue from place to place, the food-rents
or the tunc pounds in lieu of them were delivered at his palace, he would
become the recipient of a regular revenue. And out of this revenue it
would become easy for him to reward a follower or endow a church by the
transfer of so many food-rents or tunc pounds in lieu of them, or the
revenue from such and such a district, or of so many of its trefgordds,
without disturbing the internal working of the system or the daily life
of the tribesmen and their herds. When Beowulf returns to his chieftain
after his exploit and is rewarded by the gift of a palace and so many
‘thousands,’ we naturally ask of what, and how it could be done. We may
not be able to say off-hand what the unit was, but we get from the Welsh
example some rough idea of what tribal tribute and income were, and how
these could be readily gathered and transferred.
V. THE METHOD OF PAYMENT OF GALANAS BETWEEN KINDREDS.
Postponing for a while the consideration of the position of the various
classes of non-tribesmen, but still keeping in view the fact that in
considerable numbers they were practically sharers with the tribesmen in
the rights of grazing and occupation of land, we are now in the position
to realise to some extent what happened when a murder had taken place.
[Sidenote: No galanas for murder within the kindred.]
If it was of some one within the kindred, there was, as we have said, no
slaying of the murderer. Whether it were a parricide or a fratricide, or
the murder of a near kinsman, under Cymric custom there was no galanas,
nothing but execration and ignominious exile.
[Sidenote: The blood feud and therefore blood fine between kindreds.]
But if a tribesman of one kindred were killed by a tribesman of another
kindred, then it was a serious matter of blood feud between the kindreds,
or of the payment of the blood fine. The tribal conscience demanded
vengeance or composition.
[Sidenote: The slayer flees to a church with his cattle.]
It sometimes happened that the murderer had fled to a church for safety,
taking his cattle with him. For the clergy or monks at the place of
refuge had a herd of cattle of their own, and with them the murderer’s
cattle were allowed to wander and graze so long as they returned nightly
to the refuge.[45]
[Sidenote: Six cows for the saraad or insult.]
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account