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
There must have been some special object in this addition to the Lex.
Brunner, following the very plausible suggestion of Wilda and Boretius,
points out that the ‘mother,’ who, if alive, is to share in the second
half of the wergeld, may be the mother of the son who takes the first
half, _i.e._ the _widow of the person slain_, otherwise why should the
mother alone be mentioned, and not the father of the slain?[102] If this
view may be accepted the object of the clause becomes at once apparent.
Under Tit. LXII. no share is given to the widow. And we have learned
from the Cymric example the reason why tribal custom gave no part of
the wergeld of the husband to the widow. It was simply because there
was no blood relationship between them. The widow and her kindred would
have taken no part in the feud, and so took no part of the galanas in
composition for the feud.
The silence of Tit. LXII. and the force of the Cymric precedent warrant
the inference that it may have been so also under ancient Salic custom.
However this may be, the fact that an addition to the Lex was made,
whether in favour of the widow or of the mother, seems to show that
Roman and Christian influences had introduced other considerations than
those of blood relationship, so breaking in upon tribal custom and
necessitating special legislation.
[Sidenote: The three ‘parentillæ’ sharing in the wergeld.]
If this view may be accepted, and if (as we had to do in interpreting
the Brehon rules regarding divisions of the kindred) we may take the
word ‘son’ as meaning all the sons, and insert the word _parentillæ_ in
explanation of the three _proximiores_, so as to understand them (as in
the Brehon _Geilfine_ division) to be not three persons but three groups
of kindred, then these clauses become fairly intelligible and consistent
with Tit. LXII.[103]
The wergeld is divided into two halves and the second half (subject to
the newly inserted right of the widow or mother of the slain) goes to the
three groups of proximiores. What these three groups or parentillæ may be
is not very clear.
The father has been killed and his sons take the first half of the
wergeld. The other half is taken by the three nearer parentillæ. The
nearest group at first sight would be the descendants of the two parents
of the slain. The second group would be the descendants of the four
grandparents of the slain. The third group should include the descendants
of the eight great-grandparents of the person slain.
[Sidenote: The three ‘parentillæ’ include descendants of great-great
grandparents.]
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