Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' — John Shaqi
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 old sword known among men as the relic of Eanmund (son of
Ohthere), whom, when a lawless exile, Weohstan had slain in
fair fight with weapon’s edge; and from his kindred (magum) had
carried off the brown mottled helmet, ringed byrnie, and old
mysterious sword; which Onela yielded up to him, his nephew’s
war-harness, accoutrement complete. Not a word spake he (Onela)
about the feud, although he (Weohstan) had killed his brother’s
son. He (Weohstan) retained the spoils for many a year, bill
and byrnie, until when his own boy (Wiglaf) was able to claim
Eorlscip rank, like his father before him, then gave he to him,
before the Geats, armour untold of every sort, after which he
gave up life, ripe for the parting journey.
Thus the restrained desire of avengement incidentally is made to find
satisfaction at last as regards both the outlawed sons of Ohthere.
After these events the elder branch of the Scyldings passes out of the
poet’s interest. The only remaining heroes of the tale are the two
Wægmundings--Beowulf and Wiglaf.
A long interval had elapsed between Beowulf’s accession to the
chieftainship of his maternal kindred and the final feat of daring which
cost him his life. And it was Wiglaf, his nearest paternal kinsman, who
in the last tragedy came to his aid bearing the sword of the outlawed
Eanmund. Beowulf’s dying words to Wiglaf were: ‘Thou art the last left of
our kindred (cynnes) the Wægmundings. Fate has swept into eternity all
my kinsmen (mâgas)--eorls among men! I must after them!’ As he comes to
the rescue, Wiglaf remembers the honour done to him by Beowulf, who had
already passed on to him the hereditary right of the chieftainship of the
Wægmundings (2608).
[Sidenote: Beowulf as ‘sister’s son’ becomes chief of his maternal
kindred.]
Why had he done this? If we might tentatively use the clue given by
ancient Greek tribal custom to elucidate a Scandinavian case, we should
say that on failure of male succession the ‘sister’s son’ of Hygelac
had been called back into his mother’s kindred to become its chieftain,
leaving Wiglaf, his next of kin on his father’s side, to sustain the
chieftainship of his paternal kindred. The right of the maternal uncle,
known to have existed under early Greek law, to claim his ‘sister’s son’
if need arose, to perpetuate the mother’s paternal kindred, suggests a
similar explanation in Beowulf’s case. Such a right, found as well in
the Laws of Manu, may possibly have been inherent in Scandinavian tribal
custom also. Such a suggestion would be at least consistent with the fact
of Beowulf’s having been brought up from seven years old in the household
of his maternal grandfather, and treated by him as a son. It would be in
harmony, too, with what Tacitus describes to have been the relation of
the ‘sister’s son’ to the _avunculus_ amongst the German tribes, and the
peculiar value of the ‘sister’s son’ as a hostage.[60]
Public-domain text, read in full here on John Shaqi.
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