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
But what happened if the murderer could not find the cattle for his third
of the 40 cows which he and his immediate family had to find? He had yet
a right, as a member of the greater kindred, to claim in aid a ‘spear
penny’ from all those male kinsmen descended from a common ancestor on
his father’s side two steps further back, _i.e._ still more distantly
related to him than those included in the kindred to the seventh degree
who had already paid their share. Even if the slayer were a woman, she
had the same right of spear penny from the men of her kindred to help her
to make her payment.[50]
[Sidenote: The solidarity of the kindred and individual liability within
it.]
So this attempt to realise what was involved in the payment of an
ordinary case of galanas brings us back to the recognition of the double
aspect of the kindred in the structure of tribal society--its solidarity
and joint responsibility, on the one hand, as against outsiders, the
whole kindred being responsible in the last resort; on the other hand the
individual responsibility of its members, graduated according to nearness
of relationship, for the crimes of their relative.
[Sidenote: Each had his _da_ or cattle for maintenance and so could
contribute to the payment.]
In Cymric tribal society this was made possible by the broad fact that
both males and females in the group of kindred, on both paternal and
maternal sides, liable to pay, had cattle of their own in the common
herd, each having received his or her _da_ for maintenance by right of
kin and descent from the common ancestor or chieftain of the kindred. The
two things surely hang together. And therefore, if we find in the laws of
other tribes somewhat similar rules regarding the payment of wergelds, it
probably will be worth while to inquire further whether the corresponding
structure of tribal society, or something more or less equivalent to it,
may not be present also.
VI. THE AMOUNT OF THE CYMRIC GALANAS.
[Sidenote: The galanas and the saraad distinct things.]
In all the Welsh Codes the galanas, as already mentioned, is described in
a peculiar form. It is a combination of two items, viz. the saraad, or
payment for insult, and the galanas proper.
Thus the galanas of the innate boneddig, or young tribesman, accepted by
the kindred as a tribesman of nine descents of Cymric blood, is described
as ‘three kine and three score kine,’ that of the _uchelwr_ or _breyr_ as
‘six kine and six score kine.’
The explanation of this is obtained from the following passage:--
What is the galanas of the breyr without office? Six kine and six
score kine. The six score kine is the galanas and the six kine is
for saraad of the corpse.[51]
So also in the Gwentian Code:--
When a married man shall be murdered his saraad is first paid and
then his galanas, for the wife has the third of the saraad, and
she has no part of the galanas.[52]
So also in the Venedotian Code:--
Public-domain text, read in full here on John Shaqi.
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