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
The next event in order of date is a quarrel between Hygelac and the
Frisians. This time Beowulf fights for his chieftain. But Hygelac is
killed (2357), and again the result reveals interesting traits of tribal
custom.
Beowulf returns from Friesland to Hygd the widowed queen of Hygelac. She
‘offers him rings and throne, not daring to trust that her young son
Heardred would be able to maintain the chieftainship against all stranger
folk.’ Beowulf, however, declines to become _hlaford_ over Heardred, but
supports him in his chieftainship till he should be older (2370).
Young Heardred, however, is not chieftain long (2380). The old lawless
quarrel between Beowulf’s maternal and paternal relations rises up again.
The facts, when unravelled, seem to be these:--Within Beowulf’s paternal
kindred trouble had arisen. For some cause not told, the grandsons of
Ongentheow (sons of Ohthere) had been outlawed. They are described as
wräc-mäegas (2380) and as having cast off allegiance to the chieftain of
the Scylfings. These outlawed kinsmen of Beowulf’s paternal family came
to young Heardred’s court, and whilst his guests (‘on feorme’) the young
chieftain fell by the sword of one of them (2388).
[Sidenote: Homicide within the kindred again is unavenged, though Beowulf
is guardian of the slain.]
It was Eanmund by whom this outrage was committed, and once more the
crime remained apparently unavenged. The slayer was allowed to withdraw
in safety, leaving Beowulf to succeed to the chieftainship of his
maternal kindred (2390). Again we ask why? Here was a crime committed
by an outlawed paternal kinsman of Beowulf against the chieftain of his
maternal kindred, of whom he was himself the guardian, and yet Beowulf
did not avenge it! Was it because of the kinship, or because of the
outlawry? Whilst nursing the remembrance of his chieftain’s death,
Beowulf is made to act with kindness to the other outlawed brother in
his desolation, waiting for such avengement as might come at last in the
course of things--as it did, according to the poet, when ‘with a band of
warriors over sea Eadgils died in cold and painful marches’ (2396).
[Sidenote: An outlawed tribesman not protected by his kindred.]
Avengement is made to follow too in the same way upon Eanmund the
murderer. It came from Beowulf’s paternal uncle, Weohstan. But here again
the poet is careful to record that it came not in a blood feud, but ‘in
fair fight’ with weapon’s edge (2612). And, as if to emphasise the fact
that the outlawed kinsman had forfeited all tribal rights, the poet adds
that ‘Weohstan from his kindred carried off the armour and sword of
Eanmund, Onela (Eanmund’s uncle) yielding them up to him _without a word
about a feud_, although he (Weohstan) had slain his brother’s son’ (2620).
Evidently the poet means to make it clear that Onela’s passive attitude
was due to the fact that his nephew was a lawless exile, and so no
longer entitled to protection from his kin (2612 and 2380).
Public-domain text, read in full here on John Shaqi.
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