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
There is no apparent effort on the part of the poet to enlighten the
reader or those who heard him either upon the pedigrees of the persons
mentioned in his story or upon the rules of Scandinavian tribal custom.
But it happens that, by incidental hints dropped in the telling of the
tale, the pedigree of each of the kindreds involved can be fairly made
out, and has already been made out by translators and critics.
[Sidenote: involving blood feuds between Beowulf’s paternal and maternal
kindred.]
And as the story involves a homicide within Beowulf’s maternal kindred,
and fighting and bloodshed between the kindreds in spite of the marriage
link, and as it deals also with outside feuds, it happens to present
remarkable opportunities for studying the action of tribal custom in
various cases.
The evidence it gives is made all the more valuable by its being an
Anglian version of Scandinavian traditions, inasmuch as the poet, or his
Anglian interpreter, assumes throughout that the laws of the game, under
Scandinavian tribal custom, were too well known to need explanation to
his Anglian audience. So that by inference it would seem that the customs
of Baltic chieftains were familiar at the court of Offa, and not very far
removed from those of Anglian tradition.
[Sidenote: The Scyldings.]
The poet introduces us first to a tribe of _Gar-Danes_ and the clan
or kindred of Scyldings. Scyld the son of Scef is the ancestor of the
Scyldings. He is an Adeling who has torn their meadthrones from many
tribes (mægdum) and in true tribal fashion compelled them to pay tribute.
Surrounded in his old age by numerous descendants and other _gesiths_ who
have resorted to him, the chieftain has become a great hero in his tribe
(mægdh).
[Sidenote: The burial of Scyld by his ‘gesiths.’]
A graphic description of the burial of Scyld in his ships by his gesiths
is a fitting introduction to the poem. Let us mark in passing that the
word mægd evidently may mean a much wider kindred than the near family of
a great-grandfather’s descendants (the Welsh gwely). One mægd conquers
another and makes it pay tribute.
Again the word gesith evidently includes, with members of the near kin,
such others, not necessarily blood relations, as may have joined the
warrior band of the hero. They may or may not have been adopted into
his kindred in becoming his men, but this extension of comradeship or
kinship, as the case may be, to these gesiths adds to the greatness and
power of his mægd.
Public-domain text, read in full here on John Shaqi.
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