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
And afterwards he ought to enter into his house and to gather
earth in his hand from its four corners, and after this he ought
to stand on the threshold, looking back into the house, and so
from his left hand throw across his shoulders some of that earth
over _him_ [? those] whom he has nearest of kin.
(3) Quod si jam pater et fratres solserunt, tunc super suos debet
illa terra jactare, id est super tres de generatione matris et
super tres de generatione patris qui proximiores sunt.
But if father and brothers have already paid, then over his
(relations) he ought to throw that earth, to wit over three
[parentillæ] of the kindred of the mother and over three
[parentillæ] of the kindred of the father who are nearest of kin.
(4) Et sic postea in camisia, discinctus, discalcius, palo
in manu, sepe sallire debet, ut pro medietate quantum de
compositione diger est, aut quantum lex addicat, illi tres
solvant, hoc est illi alii qui de paterno generatione veniunt
facere debent.
And likewise after that, in his shirt, ungirded, unshod, stake
in hand, he ought to leap the fence, so that for that half those
three shall pay whatever is wanting of the composition or what
the law adjudges: that is, those others who come of the paternal
kindred ought to do so.
(5) Si vero de illis quicumque proximior fuerit ut non habeat
unde integrum debitum salvat; quicumque de illis plus habet
iterum super illum chrenecruda ille qui pauperior est jactet ut
ille tota lege solvat.
But if any very near kinsman shall be unable to pay the whole
amount due, then whoever of them has more, on him again let the
one who is poorer throw the chrenecruda, so that he may pay the
whole amount due.
(6) Quam si vero nec ipse habuerit unde tota persolvat, tunc
illum qui homicidium fecit qui eum sub fidem habuit in mallo
præsentare debent, et sic postea eum per quattuor mallos ad
suam fidem tollant. Et si eum in compositione nullus ad fidem
tullerunt, hoc est ut redimant de quo domino[105] persolvit, tunc
de sua vita conponat.
But if not even he shall have the wherewith to complete the
required amount, then those who held him under oath ought to
produce him who committed the homicide in the Mallus, and in
the same way again afterwards four times in the Mallus hold him
to his faith. And if no one take up his faith concerning the
composition, _i.e._ to redeem him by payment, then let him make
composition with his life.
Now, if we are here dealing with actual tribal custom, it is natural to
place some weight upon the picturesque incidents which testify to its
traditional origin. These picturesque incidents can hardly be other than
proofs of antiquity.
[Sidenote: The slayer and his co-swearers declare that he has given up
everything.]
Public-domain text, read in full here on John Shaqi.
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