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
(1) There is no feud within the kindred when one kinsman slays another.
However strong the natural instinct for avengement, it must be left to
fate and natural causes. Accidental homicide does not seem to be followed
even by exile. But murder within the kindred breaks the tribal tie and is
followed by outlawry.
(2) Marriage between two kindreds is a common though precarious means of
closing feuds between them. The son of such a marriage takes no part in a
quarrel between his paternal and maternal relations.
(3) When a marriage takes place, the wife does not pass entirely out
of her own kindred into her husband’s. Her own kindred, her father and
brothers, maintain a sort of guardianship over her, and the son in some
sense belongs to both kindreds. He may have to join in his maternal
kindred’s feuds, and he may become the chieftain of his maternal kindred
on failure of direct male succession, even though by so doing he may
have to relinquish the right of chieftainship in his paternal kindred to
another kinsman.
Finally, in passing from the blood feuds to the composition substituted
for them, after what we have learned from Beowulf of tribal custom, there
need be no surprise that maternal as well as paternal relations are found
to be interested in them. We may fairly judge that tribal custom, in the
stage in which we find it in Beowulf and later in the laws of various
tribes, would not have been true to itself, had this been otherwise.
[Illustration]
CHAPTER IV.
_TRIBAL CUSTOM OF THE IRISH TRIBES._
I. THE ERIC FINE OF THE BREHON LAWS.
[Sidenote: Goidelic tribal custom differed from Cymric.]
Returning now once more to the examination of tribal custom and the
structure of tribal society in the case of tribes belonging to the Celtic
group, it might be expected that Cymric customs would be likely most
closely to accord with those of the Celtic tribes of Ireland, Brittany,
and Gaul. But it must be remembered that the Cymry whose customs are
contained in the Codes, whatever their original Continental position may
have been, are supposed to have come into Wales from the North, with
Cunedda and his sons. The Codes therefore probably represent the customs
of the Cymry of ancient Cumbria north of the Solway Frith, rather than
those of the Britons, whether Goidels or Cymry, dwelling in South Wales
and more or less subject for generations to Roman rule.
If the theory of the emigration from Wales and Cornwall into Brittany,
as the consequence of the Saxon invasion, be correct, the Britons who
emigrated into Brittany may never have shared the peculiar customs of the
immigrants into Wales following upon the conquests of Cunedda and his
sons. They may have had more in common with the Goidelic tribes of South
Wales than with the Cymric newcomers into Wales.
These considerations may well prepare the way for the recognition of
differences as well as resemblances between Cymric and Irish tribal
custom.
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