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
But Brunner has pointed out that the division into paternal and maternal
lines of relationship begins with the slain person’s grandparents;
so that the three proximiores on both sides should go back to the
descendants of great-great-grandparents. He also points out that, as at
each step the nearer group are to take two thirds and those behind it one
third, the division between the three groups would be in the proportions
of 6:2:1. And he quotes a statement regarding the division of wergelds in
Flanders in the year 1300, in which the proportions of the payments of
the three groups of relatives were still as 6:2:1. The half falling to
the three groups being reckoned as 18/36, the division was as under:--
Rechtzweers (Geschwister Kinder), { paternal 6/36 }
_i.e._ first cousins. { maternal 6/36 }
}
Anderzweers (Ander-geschwister Kinder), { paternal 2/36 } 18/36
_i.e._ second cousins. { maternal 2/36 }
}
Derdelinghe (Dritt-geschwister Kinder), { paternal 1/36 }
_i.e._ third cousins. { maternal 1/36 }
We may then safely, I think, follow Brunner’s cautiously expressed
conclusion that it is very probable that also in the Lex Salica under
the words ‘tres proximiores’ are intended relations belonging to three
separate parentillæ.[104]
* * * * *
[Sidenote: The wergeld from the payer’s point of view]
Public-domain text, read in full here on John Shaqi.
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