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
There he remained presumably till the kindred of the murdered tribesman,
through negotiation and arrangement of the chiefs of the kindreds, had
agreed to accept the payment of the galanas, if it were the case of
an uchelwr or full tribesman, of 126 cows. Six cows, as we shall see
hereafter, were _saraad_ for the insult, and 120 cows galanas for the
murder. The saraad was paid first--six cows or other cattle to the same
value belonging to the murderer were driven from the herd in payment.
The murderer’s life was then safe, and presumably he might return with
his cattle to his place.
Within a fortnight, the tribesmen of the murderer’s kindred met to
apportion the payment of the rest. They came from trefgordds far and
near, from the territories sometimes of various higher territorial
chieftains within whose districts they had grazing rights.
[Sidenote: 120 cows by fortnightly instalments for galanas.]
The collected tribesmen having apportioned the payment, fortnight after
fortnight instalments must be paid till the whole number in value of 120
cows was completed.[46]
But by whom was the payment to be made?[47]
[Sidenote: The slayer’s near family pay 40 cows.]
Forty cows must first be found by the _murderer_, his _father_, _mother_,
_brothers_, and _sisters_ with him. They doubtless helped one another,
but theoretically, in one or other of the common herds, there must have
been cattle belonging to the murderer, his father, mother, brothers, and
sisters, or how could they have paid their shares? There was nothing
unreal in this liability of each to pay a share, for had the murderer
been slain each one of them would have received, instead of having to
pay, a share in 40 cows.
The murderer himself had to pay a third of the 40 cows if he had them.
His father and mother between them paid the next third, and the brothers
and sisters the remaining third, the sisters paying half what the
brothers did.[48] The herds of many a trefgordd must be thinned before
this could be done.
[Sidenote: The other 80 fall on the kindred.]
The remainder of the galanas, viz. 80 cows, fell on the kindred, to the
seventh degree or fifth cousins. The paternal relations had to find two
thirds of it and the maternal one third, and these kindreds embraced the
descendants from the great-grandparents of the great-grandparents on both
sides.
In the first fortnight the kindred on the father’s side had to find half
what was due from them. In the second fortnight they had to find the
other half, and in the third fortnight the maternal kindred had to find
their share, till so at last the full tale of the 120 cows was paid. The
oath of peace from the kindreds of the murdered man could then be given,
and the murderer and his kinsmen, be at peace.[49]
[Sidenote: The slayer’s right of ‘spear penny.’]
Public-domain text, read in full here on John Shaqi.
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