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
[Sidenote: The position of females and modifications made in their
favour.]
Under this custom, speaking broadly, as we have seen, daughters did not
share in the landed rights of the gwely. They received instead of landed
rights in the gwely their _gwaddol_ or portion, mostly, no doubt, in
cattle, and they were supposed with it to marry into another gwely, in
whose landed rights their sons were expected to share by paternity. If
women inherited landed rights at all, it was exceptionally in the case of
failure of male heirs, and then only so that their _sons_ might inherit.
The heiress in such a case, under Cymric as well as Greek tribal law, was
in quite an exceptional position, and, as we have seen in Beowulf, the
sister’s son might be called back into the mother’s family to prevent its
failure for want of heirs.[112] The exclusion of female successors from
terra Salica is therefore quite in accordance with tribal custom.
That the clauses as to personalty in the ‘de alodis ’ were modifications
of ancient Salic custom, made in favour of females, is rendered almost
certain by the position of the last clause as a saving clause, apparently
inserted with the object of protecting the rights of the sons in the land
of the alod, by preventing the application to it of the previous clauses.
[Sidenote: The land of the alod was _terra_.]
Codex 1 does not describe the land as _terra Salica_. It is content to
protect _land_ without qualification from the application of the previous
clauses, which, if applied to land, would transgress against tribal
custom. And the same may be said of Codices 3 and 4. But in the Codices 5
to 10 and in the ‘Lex emendata’ the words ‘terra Salica’ are used.
Public-domain text, read in full here on John Shaqi.
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