Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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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
There seems to be left but one possible further source of evidence as
regards the wergelds of the Gallic tribes before the Roman conquest, viz.
that of Cæsar. Speaking of the Druids, his words are these:--
Illi rebus divinis intersunt, sacrificia publica ac privata
procurant, religiones interpretantur. Ad eos magnus adulescentium
numerus disciplinæ causa concurrit, magnoque hi sunt apud eos
honore. Nam fere de omnibus controversiis publicis privatisque
constituunt, et, si quod est admissum facinus, _si cædes
facta_, si de hereditate, si de finibus controversia est, iidem
decernunt, præmia pœnasque constituunt (vi. 13).
There is certainly nothing in these words, when carefully considered,
which indicates in the slightest degree whether the Gallic wergeld was
fixed, or graduated according to rank. They amount to this:--
The Druids have cognisance of nearly all public and private
controversies, and if any crime has been committed, if a
murder has been done, if concerning inheritance, if concerning
boundaries there is controversy, it is they who decide, and they
fix the compensation and penalties.
On the occasion of any murder committed, there would be plenty of room
for controversy whether the wergeld were fixed or graduated according to
rank, or even, as is quite possible, left open to the judgment of the
Druids. So that we gain nothing from Cæsar’s evidence on this particular
point, further than that the penalties for slaying were within the
jurisdiction of the Druids.
It may, however, be well to notice that this passage has been the subject
of controversy upon another point of interest to this inquiry: viz. on
the question whether the evidence of Cæsar should be taken as in favour
of the theory of the communistic ownership of land in Gaul or that of
individual ownership.
M. Fustel de Coulanges[93] has argued with great force that the statement
of Cæsar that the Druids were accustomed to settle controversies whether
_de hereditate_ or _de finibus_ implies that in his view there must
have been something like private property whether of individuals or of
families.
[Sidenote: The evidence of Cæsar on tribal landholding.]
Public-domain text, read in full here on John Shaqi.
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