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
We have been led cautiously step by step to this result, and, whether
the problem raised by it be capable of solution or not, it is important
that it should be fairly stated and considered. Even if the Kentish
freeman’s wergeld was only 100 Kentish scillings, it would more nearly
correspond with the six-hyndeman’s wergeld than with that of the Wessex
ceorl. On the other hand, the wergelds of the Kentish læts are very
fairly on a level with that of the Wessex ceorl. Taking an average
between the second and third class of læts the correspondence would be
exact.[319]
[Sidenote: Kentish læt and the twy-hyndeman = the Continental _freedman_.]
If, therefore, the wergeld of the Kentish freeman may be regarded as
practically equivalent to that of the Continental _liber_ or _ingenuus_
on the one hand, and to that of the twelve-hyndeman of the Anglo-Saxon
laws on the other hand, and if that of the Kentish læt was like that of
the Norse leysing and of the twy-hyndeman, then once more it becomes
natural and right, and in accordance with ancient custom, that in
the Compact between Alfred and Guthrum the twelve-hyndeman should be
made ‘equally dear’ with the Norse hauld, and so with the _liber_ or
_ingenuus_ of the Continental laws, while the twy-hyndeman should be held
‘equally dear’ with the Danish leysing.
[Illustration]
CHAPTER XV.
_GENERAL CONCLUSIONS._
[Sidenote: Bearing of the results upon the division of classes and the
character of holdings.]
Before concluding this Essay it may be well in a final chapter to
consider its results in their bearing upon the conditions of early
Anglo-Saxon society, and especially with regard to the division of
classes and the character of the holdings.
The object has been to approach these difficult questions from the point
of view of tribal custom.
[Sidenote: The amount of wergelds the main clue.]
The main clue to an understanding of the division of classes has been the
amount of the wergelds.
[Sidenote: The general correspondence in wergelds throughout Western
Europe.]
The trouble taken to arrive at a correct knowledge of the currencies
in which the wergelds were paid, tedious as it may have seemed to the
reader, will not have been thrown away if it has led to the recognition
of the fact that there was a very general correspondence in the amount
of the wergelds tenaciously adhered to by the tribes of Western Europe,
whether remaining in their old homes or settled in newly conquered
countries. The amount of the wergelds was not seemingly a matter of race.
Cymric and German customs were singularly similar.
If the Irish eric fine formed an exception, Irish tribal custom
nevertheless had many things in common with Cymric and German custom in
other respects.
[Sidenote: The solidarity of the kindred connected with family holdings.]
Public-domain text, read in full here on John Shaqi.
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