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 proposed to do more in this chapter than very briefly to
examine the laws of the Burgundians and Wisigoths with reference to the
evidence they contain with regard to the results of contact with Roman
and Christian civilisation upon the solidarity of the kindred as shown in
the payment of wergelds.
The remoteness of these tribes from any connection with the Anglo-Saxon
invasion of Britain makes it unnecessary to do more than this. Indeed,
this chapter might have been omitted but for the useful light it may
throw upon the process of disintegration in tribal custom in the case
of tribes settling in countries with a long-established civilisation
superior to their own. In such cases tribal custom, however hardly it
might resist, had eventually to succumb, thus affording a strong contrast
with the Cymric and Irish examples, in which tribal custom was so much
better able to hold its own, and even succeeded to some extent in forcing
tribal rules upon the new Christian institutions.
The Burgundian laws, so far as they belong to those first issued by
Gundebald himself, fall between A.D. 501 and 516, and his reference to
his ancestors in his preface shows that, while he may have remodelled
the laws to meet altered circumstances, they were in part based upon
traditional customs of his people.[94]
But his people were in a new position. Geographically they were sharing
with a population still under Roman law the south-western part of the
Helvetian Valley--_i.e._ between Neuchâtel and Geneva, and a good part of
the old country of the Sequani on the Gallic side of the Jura.
[Sidenote: The method of settlement.]
They seem to have come into this district not altogether as conquerors,
but in some sense as invited guests. According to Tit. 54 of the laws
the newcomers, by the munificence of the Burgundian king and his
ancestors, had had delegated to them individually, in a particular place,
_hospitalitas_, which consisted of two thirds of the land and one third
of the slaves of the _hospes_ upon whom they were quartered, and by this
clause in the laws they were forbidden to take more.[95] It is generally
understood that this method more or less closely resembled the Roman
method of quartering soldiers upon a district.
The Burgundians therefore came into a district with a mixed population
of Romanised Gauls and Germans, already, after long residence and many
vicissitudes, living and settled under Roman law, and regarded by the
newcomers as Romans.
Thus two sets of laws became necessary, one for the Burgundian
immigrants, the other for the old inhabitants who were to continue under
Roman law.
[Sidenote: Homicide under the ‘Lex Romana.’]
Public-domain text, read in full here on John Shaqi.
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