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
This is the best we can make of the famous title in the Lex Salica
regarding the payment of wergeld. But perhaps it is enough when taken
together with the clauses relating to its receipt to reveal the main
points of early Salic tribal custom. We may state them thus:--(1) That
the wergeld was divided into two halves, for one of which the slayer,
helped by his father and brothers, was responsible, and for the other
of which the three grades of kindred, extending apparently to the
descendants of great-great-grandparents, were responsible. (2) That if
the addition of Tit. CI. in this respect represented ancient tribal
custom, the payments, like the receipts, of the second half, were so
distributed that the nearer parentilla or group of relatives paid and
received, in relation to those behind them in kinship, in the proportion
of two thirds and one third. (3) That, if we may take the addition of
Tit. CI. as giving a share to the _widow_, and as an innovation, then
it may fairly be concluded that, under ancient Salic custom as under
Cymric custom, the widow originally took no share in the wergeld of her
husband, not being a blood relation to him.
[Sidenote: Position of the wife and her kindred.]
Further, as in the title _De chrenecruda_ there is no mention of any
share in the _payment_ of wergeld falling upon the wife of the murderer
or her family, we may conclude that however closely two families might
be united by a marriage, the wife, for the purpose of wergeld, still
belonged to her own kindred, and that marriage did not involve the two
families in mutual obligations for each other’s crimes of homicide, until
both paternal and maternal kindreds became sharers in payment and receipt
of wergelds in the case of the children of the marriage.
[Sidenote: What became of the slayer’s rights in the land.]
Public-domain text, read in full here on John Shaqi.
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