Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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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
Clauses which follow regulating the penalties for work on Sundays, or
neglect of baptism, or a ceorl’s making offerings to devils without
his wife’s knowledge, or a man’s giving flesh meat to his family on
fast days, do not interest us in this inquiry further than as revealing
lingering traces of paganism and the ecclesiastical character of these
laws of Wihtræd.
There are, however, a few clauses which incidentally come within the
lines of our inquiry.
[Sidenote: The position of the freedman under Kentish custom.]
Clause 8 is especially interesting as showing that when freedom was given
by a lord to his man and he became folkfree, still, even though he left
the district, his _inheritance_, his _wergeld_, and the _mund_ of his
family remained with the freedom-giver.
Gif man his mæn an wiofode freols gefe se sie folc-fry.
freolsgefa age his erfe ænde wer-geld ⁊ munde þare hina sie ofer
mearce þær he wille.
If any one give freedom to his man at the altar, let him be
folkfree; let the freedom-giver keep the heritage and wergeld and
the _mund_ of his family, be he over the march wherever he will.
[Sidenote: His wergeld goes to his lord.]
Here tribal custom asserts itself. The freedman, though freed at the
_altar_, is to be _folkfree_, and yet, although folkfree and able to go
wherever he will, he cannot _inherit_, because he is nobody’s heir. He
had no free parents from whom to inherit. His lord inherited what his
unfree man might leave behind him. The freedman’s wergeld if he were
slain still went to his lord, for he had no free kindred to claim it.
His family remained in the lord’s _mund_ unless they also had been set
free.
These points were doubtless all incident to the position of a newly
made freedman under Kentish custom, and this enactment was probably
needful only to make it clear that freedom given _at the altar_, whatever
churchmen might think, was not to modify the customary rules incident to
freedom-giving. The evidence of the clause is, however, valuable because
for one moment it accidentally lifts the veil and shows that Kentish
tribal custom was in these matters much the same as we have found tribal
custom elsewhere, and it is particularly valuable as direct evidence that
there was a class of freedmen under Kentish custom as everywhere else.
There are also the following clauses on oaths.
[Sidenote: Clauses on oaths of different persons.]
Biscopes word ⁊ cyninges sie unlægne buton æðe.
16. A bishop’s and a King’s word is unimpeachable without an oath.
Mynstres aldor hine cænne in preostes canne.
17. A ‘Minster’s ealdor’ clears himself in the same way as a
priest.
Preost hine clænsie sylfæs soðe in his halgum hrægle ætforan
wiofode þus cweðende ‘Ueritatem dico in Xp̄o, non mentior.’
Swylce diacon hine clænsie.
Public-domain text, read in full here on John Shaqi.
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