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
No one is killed without being first subjected to saraad. If a
man be married, let a third of the man’s saraad be given to his
wife and let the two shares be placed with the galanas, and after
that let the galanas be divided into three shares and let the
third share go to the lord as exacting third.[53]
[Sidenote: The wife shared in the saraad of her husband, not in the
galanas.]
The reason why the wife has a share in the saraad and not in the galanas
has already been explained. She suffers from the personal affront or
insult to her slain husband and shares in the saraad. But she has no
blood relationship with her husband, and only the husband’s kindred are
therefore entitled to share in the galanas, as her husband’s kindred
alone would have been concerned in the feud.
The saraad and the galanas were therefore separate things and subject
to separate rules, though both payable on the murder of a tribesman.
The galanas proper is what must be regarded in any comparison with
Continental wergelds.
[Sidenote: That of the ‘uchelwr’ 120 cows; of the young tribesman 60
cows.]
The real galanas of the uchelwr or breyr, apart from the saraad, was 120
cows, and that of the young innate boneddig who had received his _da_ but
had no family was 60 cows. In one of the Codes his galanas when _married_
is said to be 80 cows.
Now in what currency was the galanas paid? Formerly, according to the
Codes, all payments were made in cattle, and the galanas proper was
reckoned in scores of cows.
But of what cow? How was the normal cow for practical purposes to be
defined? It is a question worth answering, because we may probably take
the Cymric method, of valuing the cow as a unit of currency in cattle,
as at any rate suggestive of the methods generally adopted by other
tribes.
[Sidenote: Description of the normal cow.]
According to the Venedotian Code the cow was of full normal value when in
full milk and until her fifth calf.
And if there be any dispute concerning her milk, she is to be
taken on the 9th day of May to a luxuriant place wherein no
animal has been before her, and the owner is to milk her without
leaving any for the calf, and put the milk in the measure vessel,
and if it be full twice a day that is sufficient; and if it be
not, the deficiency is to be compensated by oatmeal until the
feast of St. Curic, thence until the feast of St. Michael by
barley meal, and from thence until the calendar of winter by rye
meal.
Others say that the worth of the milk deficient in the measure is
to be returned to the possessor of the cow; if half the milk be
deficient, half the worth; if a third of the milk, a third of the
worth; and that is the best mode.[54]
Then the _milk measure_ is described thus:--
Public-domain text, read in full here on John Shaqi.
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