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