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
M. Fustel de Coulanges held indeed the opinion that the term ‘Romanus’
of the laws was confined to the _freedman_ who had been emancipated
by process of Roman law.[107] But here the contrast seems to me to be
between Franks and barbarians ‘who live under Salic law’ on the one hand,
and the Gallo-Romans, whether freedmen or Roman possessores, living under
Roman law on the other hand. We shall come upon this question again when
the Ripuarian laws are examined, and need not dwell upon it here.
It is interesting, however, to notice that in Codex 2, Tit. XLI. the
Malberg gloss on the clause regarding the wergeld of the ‘_Romanus
tributarius_’ is ‘_uuala leodi_,’ which Kern (208) explains to mean the
wergeld of a _Wala_--the well-known name given by Teutonic people to
their Gallo-Roman and Romanised neighbours.
III. TRIBAL RULES OF SUCCESSION IN ‘TERRA SALICA.’
The question of the payment of wergeld is now generally admitted to be
distinct from that of inheritance in land.
The persons who receive and pay their share of the wergeld are those who
would have taken part directly or indirectly in the feud. They are not
confined to the expectant heirs of the slayer or the slain.[108]
If we are to learn anything directly upon the question of the method of
landholding under Salic custom it must be, not from the clauses relating
to the wergelds, but mainly from the Title LIX. _De Alodis_. It is the
next title to the _De chrenecruda_ and can hardly be passed by without
some attempt to recognise the bearing of its clauses upon the present
inquiry.
Its text is very variously rendered in the several manuscripts, and it
has been the subject of many interpretations. But if it may be legitimate
to approach it from a strictly tribal point of view, it will not be
difficult, I think, to suggest an interpretation consistent with what
we have learned of tribal custom from the Cymric example, and therefore
worthy at least of careful consideration.
[Sidenote: The title ‘De Alodis.’]
According to Codex 1 of Hessels and Kern the clauses are as follows:--
(1) Si quis mortuus fuerit et filios non demiserit, si mater sua
superfuerit ipsa in hereditatem succedat.
If any one shall have died and not have left sons, if his mother
shall have survived let her succeed to the inheritance.
(2) Si mater non fuerit et fratrem aut sororem dimiserit, ipsi in
hereditatem succedant.
If the mother shall not be [surviving] and he shall have left
brother or sister, let them succeed to the inheritance.
(3) Tunc si ipsi non fuerint, soror matris in hereditatem
succedat.
Then, if they shall not be [surviving], let the sister of the
mother succeed to the inheritance.
(4) Et inde de illis generationibus quicunque proximior fuerit,
ille in hereditatem succedat.
And further concerning these generations, whichever shall be the
nearer, let it succeed to the inheritance.
Public-domain text, read in full here on John Shaqi.
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