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
At the end of the Latin version of the Dimetian Code of South Wales are
appended as part of chapter XLIX. several clauses which do not belong to
the Code and are quite inconsistent with its provisions. These clauses
are carelessly extracted, with variations, from a set of canons which,
from their thus partly appearing at the end of the Latin version of the
Dimetian Code, have come to be known as the ‘Canones Wallici.’
The oldest MS. of this document is referred to the 8th century, and
the canons themselves are referred by Haddan and Stubbs to the 7th
century.[90]
It is not at all clear that, notwithstanding the name they have acquired,
they are of Welsh origin.
The intercourse between the missionary monks and churches of Brittany,
Cornwall, Wales, and Ireland was so intimate that there is no difficulty
in understanding how a Welsh scribe or copyist falling upon these canons
should add extracts from them to a Latin copy he was making of the
Dimetian Code. Whether of Welsh origin or not, some of them may have been
used, amongst others, by the Church in South Wales.
It may seem presumptuous to doubt their Welsh origin after the opinion
expressed both by Wasserschleben and such competent authorities as Haddan
and Stubbs, to whose labours the student is so greatly indebted. But that
opinion is doubtfully expressed, and reference is made by them to the
fact that two of the three MSS. describe the collection of canons not as
‘Canones Wallici’ but as ‘_excerpta de libris Romanorum et Francorum_,’
and ‘_excerpta de libris Romanis et Francorum_’ while the third, of the
8th century, does not seem to have any heading but ‘_Incipit justicium
culparum_.’ Haddan and Stubbs assign the origin of these canons to that
period (c. A.D. 550-650) during which both the Welsh Church and the Welsh
Principalities appear to have become organised, _i.e._ to the period
following St. Patrick and St. Finian, during which the monastic churches
of South Wales were the channel of intercourse between the Breton and
Irish Churches. This _collection_, according to the same authority, may
date from the 7th century.
The Canons may have been meant for use on both sides of the Channel. And
as they are ‘_excerpta_’ from books of the Romans and Franks, they seem
to originate from the Continental side, however much they may have been
used in Wales.
When we come to examine them, they bear every evidence of being
‘_excerpta_,’ and we know from the _excerpta_ of Isidor what different
materials may be brought together in such a collection. There is no
continuous plan or order apparently running through the whole. And
certain of the canons, chiefly those relating to _homicide_, seem to be
marked off from the remainder by the payments being made throughout in
‘_ancillæ_’ and ‘_servi_’; whilst in most others the payments are made
in _libræ argenti_ or in _libræ stagni_, or occasionally in _solidi_,
_unciæ_, and _scripula_.
Public-domain text, read in full here on John Shaqi.
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