Tribal Custom in Anglo-Saxon Law / Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
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
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.
Frederic Seebohm
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TRIBAL CUSTOM IN ANGLO-SAXON LAW
PREFACE
CONTENTS
I. CONNECTION BETWEEN THE WERGELD OF 100 HEAD OF CATTLE AND THE MINA OF 100 GOLD STATERS.
II. THE SAME EQUATION REPEATED BETWEEN THE WERGELDS OF WESTERN TRIBES AND 200 GOLD SOLIDI OF CONSTANTINE.
III. THE FRANKISH CURRENCY.
IV. THE NORMAN AND ANGLO-SAXON CURRENCY.
V. THE MINAS WHICH SURVIVED IN USE SIDE BY SIDE WITH THE ROMAN POUND.
I. THE UNIT OF CYMRIC TRIBAL SOCIETY.
II. THE CONSTITUTION AND WORKING OF THE GWELY.
IV. THE FISCAL UNIT FOR THE PURPOSE OF FOOD-RENTS TO THE CHIEFTAINS.
V. THE METHOD OF PAYMENT OF GALANAS BETWEEN KINDREDS.
VI. THE AMOUNT OF THE CYMRIC GALANAS.
VII. THE METHODS OF TREATMENT OF STRANGERS OR NON-TRIBESMEN.
I. THE ERIC FINE OF THE BREHON LAWS.
II. THE HONOUR-PRICE (ENECLANN).
III. THE GRADATIONS IN RANK UNDER THE BREHON LAWS.
IV. THE CURRENCY IN WHICH THE BREHON FINES WERE PAID.
V. THE IRISH COIRP-DIRE AND HONOUR-PRICE TRACED FURTHER BACK THAN THE BREHON LAWS.
VI. THE BRETON OR GALLIC WERGELD OF THE SO-CALLED ‘CANONES WALLICI.’
VII. THE WERGELD OF ANCIENT GALLIC CUSTOM. THE EVIDENCE OF CÆSAR.
I. THE BURGUNDIAN WERGELDS.
II. THE WERGELDS OF THE LEX WISIGOTHORUM.
I. THE WERGELDS OF THE LEX SALICA.
II. THE DIVISION OF CLASSES AS SHOWN BY THE AMOUNT OF THE WERGELD.
III. TRIBAL RULES OF SUCCESSION IN ‘TERRA SALICA.’
IV. THE WERGELDS AND DIVISION OF CLASSES IN THE ‘LEX RIPUARIORUM.’
V. THE ALAMANNIC AND BAVARIAN LAWS.
I. THE EFFECT UPON WERGELDS OF THE NOVA MONETA.
II. THE LEX FRISIONUM.
III. THE LEX SAXONUM.
IV. LEX ANGLIORUM ET WERINORUM, HOC EST THURINGORUM.
V. THE SO-CALLED LEX CHAMAVORUM.
VI. CONCLUDING REMARKS.
I. THE MONETARY SYSTEM OF SCANDINAVIA.
II. THE WERGELDS OF THE GULATHING AND FROSTATHING LAWS.
III. THE GRADATIONS OF SOCIAL RANK DISCLOSED BY THE WERGELDS ETC.
IV. THE CLASSES OF FREE MEN AND THEIR RELATION TO LAND.
V. THE LEX SCANIA ANTIQUA.
VI. SCANIAN AND LOMBARDIC CUSTOM COMPARED.
I. TRACES OF TRIBAL CUSTOM IN THE LAWS OF THE EARLY KINGS.
II. THE ‘REGIAM MAJESTATEM.’
III. LEGES INTER BRETTOS ET SCOTOS.
IV. RECOGNITION OF THE FOURTH AND NINTH DEGREES OF KINDRED IN SCOTLAND.
I. ANGLO-SAXON CUSTOM AS APPLIED TO NORMANS.
II. NORMAN VIEW OF WESSEX CUSTOM.
I. THE ‘DE INSTITUTIS LUNDONIE’—OF CNUT (?)
II. FRAGMENT ‘OF “GRITH” AND OF “MUND.”’
III. THE ‘FRITH’ BETWEEN ETHELRED II. AND OLAF TRYGGVASON, A.D. 993.
I. THE COMPACT BETWEEN KING ALFRED AND GUTHRUM, A.D. 886.
II. THE COURSE OF PROCEDURE IN PAYMENT OF WERGELD.
III. FRAGMENTS OF MERCIAN AND THE NORTH PEOPLE’S LAW.
I. KING ALFRED’S DOOMS.
II. THE DIALOGUE OF EGBERT, ARCHBISHOP OF YORK A.D. 732-766. ECCLESIASTICAL OATHS AND WERGELDS.
III. THE DOOMS OF INE, A.D. 688-725.
IV. THE POSITION OF STRANGERS IN BLOOD UNDER KING INE’S LAWS.—THE SIX-HYNDEMAN.
V. THE TWELVE-HYNDE AND TWY-HYNDE MEN AND THEIR HYNDENS OF OATH-HELPERS.
VI. THE GESITHCUND AND CEORLISC CLASSES IN THEIR CONNECTION WITH LAND.
VII. COMPARISON OF WESSEX AND MERCIAN WERGELDS WITH THOSE OF CONTINENTAL TRIBES.
I. DISTINCTION FROM ANGLO-SAXON LAWS, A.D. 596-696.
II. THE SCÆTTS AND SCILLINGS OF THE KENTISH LAWS.
III. THE LAWS OF ETHELBERT.
IV. THE LAWS OF HLOTHÆRE AND EADRIC, A.D. 685-6.
V. THE LAWS OF KING WIHTRÆD, A.D. 690-696.
VI. THE DIVISION OF CLASSES UNDER KENTISH CUSTOM.
VII. THE AMOUNT OF THE KENTISH WERGELDS.
VIII. RESULT OF THE KENTISH EVIDENCE.
FOOTNOTES
INDEX.
