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
So did the crowned chief of the Stormfolk, in memory of
Herebeald, carry about a tumult of heart-sorrow. He could not
possibly requite the feud upon the man-slayer, neverthemore could
he pursue the warrior with hostile deeds though not beloved by
him. He then, with the sorrow wherewith that wound had stricken
him, let go life’s joys and chose the light of God. (2464.)
Thus incidentally is revealed by the poet the depth of the tribal feeling
that homicide can only be atoned for by avengement and feud, making it a
hard struggle against nature for a father to withhold revenge upon a son
for even accidental fratricide. As with the Cymry, it seems that there
could be no feud or composition within the family. Nor in the case of
accidental homicide was there apparently in the poet’s mind the necessity
of flight or outlawry, however great the craving for avengement. It is
also significant that Hæthcyn, the slayer, is made to join with his
brother Hygelac in the next warfare after Hrethel’s death (2474). The
accidental slayer remains a tribesman.
[Sidenote: Quarrel between Beowulf’s paternal and maternal kindred. He
takes no part in it.]
This next warfare was a quarrel--‘provocation and reprisal’--between
Swedes and Geats, _i.e._ between the paternal and maternal kindreds of
Beowulf. He himself, it is worth noting, did not engage in it. Onela and
Ohthere, the sons of Ongentheow (Beowulf’s paternal relation and chief of
the Scylfings or Swedes), apparently began the quarrel. They recklessly
broke the peace between the two families--Swedes and Geats. Hrethel was
no longer living. Beowulf’s maternal uncles, Hæthcyn and Hygelac, fought
on one side, and Ongentheow and his two sons on the other (2485). Hæthcyn
fell on one side and Ongentheow on the other: the latter by the hand of
Eofor--a comrade rather than kinsman of Hygelac, for he was rewarded by
the bestowal of Hygelac’s daughter. The quarrel seems to have been open
fighting, possibly from the revival of the old enmities and in breach of
tribal custom. Be this as it may, Beowulf himself took no part in the
quarrel between his maternal and paternal kindreds.
This disastrous and unnatural quarrel left Hygelac the only surviving son
of Hrethel, and so the chieftain of Beowulf’s maternal kindred.
All this irregular fighting, incidentally mentioned by the poet, was past
before Beowulf’s great enterprise against the monster Grendel. And,
as we have seen, it was as the ‘man and kin’ of Hygelac that Beowulf
appeared at Hrothgar’s court. And it was at the feet of Hygelac as his
chief of kin, and at the feet of Hygd his queen, that Beowulf laid down
his treasures on his return in safety. This exploit ended, Hrothgar
thenceforth disappears from the poem, and the poet confines himself to
Beowulf’s nearer belongings.
[Sidenote: But in feud with Frisians Beowulf fights for Hygelac, who is
killed.]
Public-domain text, read in full here on John Shaqi.
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