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
Now if a connection may be traced between the liability of the whole
kindred for wergeld and the occupation of land by kindreds, with lesser
divisions into something like _gwelys_, then, without pressing the point
too far, without suggesting that the Welsh or the Irish form of tribal
occupation of land may have been exactly that which in Cæsar’s time
prevailed in Gaul, we may at least say that the analogy of the Welsh and
Irish examples would lead us, from a tribal point of view, to judge that
the form of land occupation in Gaul was not likely to be either absolute
individual or absolute communal ownership. And as under Welsh and Irish
tribal custom and forms of land occupation there was plenty of room for
public and private controversies both _de hereditate_ and _de finibus_,
it may fairly be suggested that some form of tribal land occupation
would at least be more consistent with what Cæsar recorded in the few
sentences under review than either complete individual or complete
communal ownership would be.
But, passing from the passages already quoted to Cæsar’s further
statements relating to the Druids, light seems to pour from them into
another matter otherwise very difficult to realise.
It is at first sight with something like amazement that we view the
arrogance of the pretension of the missionary priests of the Christian
Church to impose what must have been galling penances upon chieftains
and tribesmen who had committed crimes of murder or incest. Still more
surprised might we well be that they had any chance of securing obedience.
The evidence of Gildas and of the Cadoc records quoted in a former volume
is sufficient to show that to a most astonishing extent even chieftains
submitted to the penalties and penances imposed by priests and monks who
were claiming for themselves immunity from secular services and payments.
The very fact that the Ecclesiastical Canons contain the rules we have
examined as to the payments for homicide by the kindred of the murderer
seems to involve the bold claim of the Church to bring the punishment
of crime within its jurisdiction. We have seen also how in these Canons
the right of the bishop to be placed in social rank on a level with the
highest chieftains and princes and kings was already taken for granted in
the corner of Gaul so closely connected with South Wales and Ireland.
[Sidenote: The position of the Druids paved the way for clerical
pretensions.]
The statement of Cæsar opens our eyes to the extent to which under the
earliest prevalent system of religious belief the way was paved both for
these clerical pretensions and also for the submission of chieftains and
people to the penances imposed.
After describing, as above, the prerogatives of the Druids, Cæsar adds a
few words to describe the nature of the _sanctions_ by which obedience to
their awards was secured:--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account