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
It is not necessary here to follow further these familiar passages in
the ‘De Bello Gallico’ or to inquire more deeply into the religion
of the Gauls. It is enough that the religion or superstition of the
Gauls was sufficient in itself, and sufficiently deeply believed in,
to fortify the influence and power of the Druids with the necessary
sanction, and to outlive the disintegration which Roman conquest, in
spite of its tolerance to tribal religions, must have in degree produced.
The testimony of Renan to the deep-rooted superstition of the Breton
population, and the lingering presence even to this day of instincts and
customs reaching back to a stratum of indigenous ideas underlying Roman
and Christian civilisation, shows, as Irish and Welsh legends do also,
that feelings of this kind are not subject to sudden change.
And when we try to realise the position and work of the early Gallic
or Breton or Cornish or Welsh or Irish churches from the fifth century
onwards, we seem to see how their position and work were made possible
only by the fact that what was technically called the conversion of a
people to Christianity was not after all so great a revolution as one
might at first sight have thought.
The missionary monks or priests, it might almost be said, _naturally_
took the place of the Druids in the minds of the people. They had power
to shut out the criminal from the sacrifices of the Christian altar,
just as the Druids could from theirs. The conversion, such as it was,
meant at least that in the belief of the people the spiritual powers were
transferred to the priest, and that the old sanctions of superstition
naturally followed the transfer. Thereby was secured to the Church
something of the same prestige and power which had once belonged to the
priests of the old religion.
[Sidenote: The tribes were used to the central power of the Druids and of
Imperial Rome and the Church took their place.]
When it is considered how the organised and world-wide system of the
Church, with its centre in Rome, continuing to some extent the prestige
and the civilisation of Imperial Rome, must have appeared to the
chieftains and petty kings of uncivilised tribes, it may be recognised
that in this respect also it resembled to their eyes the power of the
priesthood of the old religion with its centre at Chartres and reaching
in its authority from Britain to Southern Gaul. So that in this respect
also the way was paved for the Church in the minds of the people. The
tribes were used to the idea of a great central spiritual power, and in
the Church, by transfer from the old to the new religion, they found it
again.
[Illustration]
CHAPTER V.
_THE WERGELDS OF THE BURGUNDIAN AND WISIGOTHIC LAWS._
I. THE BURGUNDIAN WERGELDS.
[Sidenote: The result of contact with Roman and Christian civilisation.]
Public-domain text, read in full here on John Shaqi.
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