CHAPTER I.

TRIBAL CUSTOM IN ANGLO-SAXON LAW

TRIBAL CUSTOM

IN ANGLO-SAXON LAW

BEING AN ESSAY SUPPLEMENTAL TO

(1) ‘THE ENGLISH VILLAGE COMMUNITY’

(2) ‘THE TRIBAL SYSTEM IN WALES’

BY

FREDERIC SEEBOHM, LL.D., F.S.A.

LONGMANS, GREEN, AND CO.

39 PATERNOSTER ROW, LONDON

NEW YORK AND BOMBAY

1902

[All rights reserved]

PREFACE

To the two former Essays, on ‘The English Village Community’ and ‘The

Tribal System in Wales,’ is now at last added in this volume a third on

‘Tribal Custom in Anglo-Saxon Law.’

In the first Essay an attempt was made to approach the early

Anglo-Saxon evidence from the point of view of the Manorial system, and

mainly by tracing back its connection with the open field system of

agriculture--the shell, so to speak, in which it had all along apparently

lived.

The object of this third Essay in the trilogy is to approach the

Anglo-Saxon laws from the point of view of tribal custom.

As a preliminary to this attempt, a detailed study of Cymric tribal

custom was made in the intermediate Essay in the belief that the

knowledge so gained might be used as a clue to the understanding of

survivals of tribal custom in the laws of the tribes most nearly allied

to the invaders of Britain, and lastly in the Anglo-Saxon laws themselves.

The interval which has elapsed between the publication of the three

Essays has made it necessary to make each of them, to some extent,

independent and complete in itself.

It thus becomes necessary in this volume briefly to repeat, as well as

further to develop, what was learned of Cymric tribal custom in the

previous volume, especially as regards the ‘gwely,’ or family unit of

tribal society, and as regards the methods of payment of the galanas, or

death-fine for homicide in lieu of the blood-feud between kindreds.

The death-fine or wergeld of the Continental tribes forms so important

a test of the position of classes in tribal society that it became

necessary to ascertain at the outset what were the currencies in which

the wergelds were stated and paid. A brief explanation of these will be

found in the first chapter.

Then follows the summary of the Cymric evidence. And as some of the

points connected with the payment of wergelds can only be rightly

understood when regarded from the point of view of the blood-feud for

which the wergeld was a substitute, the Cymric evidence is followed by

a brief examination of the rules of the feud incidentally revealed in

‘Beowulf.’

A chapter on Irish or Goidelic tribal custom completes the preliminary

evidence.

The inquiry into the tribal custom of the Continental tribes as revealed

in their laws is proceeded with in the following order:--

First the Burgundian and Wisigothic laws are briefly examined, as showing

most clearly the disintegration of tribal custom caused by early contact

with Roman and Christian influences.

Next are examined the traces of tribal custom in the laws of the Salic

and Ripuarian Franks and of the tribes conquered by the Merovingian

Kings. Separate consideration is then given to the laws of the tribes

conquered by Charlemagne.

The earliest Norse and Scanian laws next claim a full share of attention;

for, although much later in date than the others, they exhibit earlier

conditions of tribal custom.

Lastly, after a short chapter on tribal custom in the ancient laws of

Scotland and the ‘leges inter Brettos et Scotos,’ attention is turned to

the Anglo-Saxon laws, and they are approached from the tribal point of

view and the vantage-ground afforded by the previous study of the tribal

customs of the Continental tribes.

That by this method of study some fresh light may have been thrown on the

conditions of early Anglo-Saxon society I think the reader will admit.

And imperfectly as the work has been done, the bringing of Anglo-Saxon

evidence more into line with the Continental evidence will, I think, be

accepted as a permanent gain.

After all, we are but trying to advance a step or two further, as

regards some particular points, the general intention of the masterly

contributions of Dr. Konrad von Maurer, made nearly half a century ago to

the _Kritische Ueberschau_, which I think have hardly been sufficiently

kept in view by English historical students.

How far the evidence contained in this Essay may be found on full

consideration to modify previous views of others or my own the reader

will be left to judge. I have tried throughout to bring an open mind

to the inquiry from a fresh point of view, with but little regard to

foregone conclusions. Any new facts elicited will find their proper place

without displacing those already known, however much they may ultimately

modify the conclusions provisionally drawn from the latter.

The method of inquiry from the known to the unknown is essentially a

tentative method. It necessarily leads to results which, if isolated,

easily mislead and may be still more easily misapprehended. But

correction comes with perseverance in the same method from other points

of view, whilst in the intermediate stages of such an inquiry the student

has to learn to be content sometimes with a provisional restatement of a

problem rather than a premature solution.

It would be absurd to pretend that, were it necessary to rewrite the

Essay on ‘The English Village Community’ after an interval of nearly

twenty years, modification of many points might not be needful. But as

further editions were called for, it seemed best to leave it as it was,

a link in a chain of inquiry which has not yet come to an end. Other

links have been added by far more competent inquirers, and these have

generously given it a place in the chain from which it would indeed be

ungrateful in me to wish to unlink it. But I venture to hope that the

addition of this third Essay will be accepted not only as a further

contribution to the understanding of a difficult subject, but also as

evidence that kindly criticism of the former volumes has not been thrown

away.

For constant help in the preparation of this volume I am indebted to my

son, whose essay on ‘The Structure of Greek Tribal Society’ really ought

to form one of this series. My thanks are due to Dr. ATKINSON and Prof.

RHYS for help as regards the Irish and Welsh chapters; and to Mr. CRAIGIE

for careful revision of the text and translations of the passages quoted

from the early Norse laws. To Prof. LIEBERMANN and Mr. W. H. STEVENSON,

for help in the reading of some difficult passages in the Kentish laws, I

am especially indebted. I regret very much that I have not had the help

which Prof. LIEBERMANN’S notes to his text of the Anglo-Saxon laws would

have been. To Mr. F. G. HILL, of the British Museum, I owe very much in

connection with the study of the currencies used in the various laws.

Finally, I cannot too warmly express my gratitude especially to Prof.

VINOGRADOFF, Prof. MAITLAND, and Mr. W. J. CORBETT, amongst others, for

the help and encouragement which only fellow-workers can give to the

otherwise solitary student.

THE HERMITAGE, HITCHIN:

_January 1, 1902_.

CONTENTS

SECT. PAGE

CHAPTER I.

_THE CURRENCY IN WHICH WERGELDS WERE RECKONED AND PAID._

I. CONNECTION BETWEEN THE WERGELD OF 100 HEAD OF CATTLE AND

THE MINA OF 100 GOLD STATERS 1

II. THE SAME EQUATION REPEATED BETWEEN THE WERGELDS OF WESTERN

TRIBES AND 200 GOLD SOLIDI OF CONSTANTINE 5

III. THE FRANKISH CURRENCY 9

IV. THE NORMAN AND ANGLO-SAXON CURRENCY 12

V. THE MINAS WHICH SURVIVED IN USE SIDE BY SIDE WITH THE ROMAN

POUND 13

VI. THE USE OF GOLD TORQUES AND ARMLETS, ETC., INSTEAD OF COINS 17

Tribal Custom in Anglo-Saxon Law Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' · 第 1 / 22 章