The poet introduces us first to a tribe of Gar-Danes and the clan or kindred of Scyldings. Scyld the son of Scef is the ancestor of the Scyldings. He is an Adeling who has torn their meadthrones from many tribes (mægdum) and in true tribal fashion compelled them to pay tribute. Surrounded in his old age by numerous descendants and other gesiths who have resorted to him, the chieftain has become a great hero in his tribe (mægdh).

A graphic description of the burial of Scyld in his ships by his gesiths is a fitting introduction to the poem. Let us mark in passing that the word mægd evidently may mean a much wider kindred than the near family of a great-grandfather’s descendants (the Welsh gwely). One mægd conquers another and makes it pay tribute.

Again the word gesith evidently includes, with members of the near kin, such others, not necessarily blood relations, as may have joined the warrior band of the hero. They may or may not have been adopted into his kindred in becoming his men, but this extension of comradeship or kinship, as the case may be, to these gesiths adds to the greatness and power of his mægd.

The opening episode of the burial of Scyld is followed by a few lines which reveal something of the pedigree of his descendant Hrothgar the Scylding. The pedigree of Hrothgar, in true tribal fashion, makes Scyld his great-grandfather. He is ‘Hrothgar the Scylding,’ may we not say, because Scyld was his great-grandfather, just as Hengist and Horsa were Oiscings according to Bede, who in stating their pedigree makes Oisc their great-grandfather, and just as in the Welsh surveys the gwelys still bear the great-grandfather’s name though he be long dead, because the gwely hangs together till the fourth generation.

So far as it goes here is at least an indication that the nearer kindred (or gwely) might be much the same thing both in Celtic and Teutonic tribes.

But Hrothgar is not described only as chieftain of his nearer kindred. Success in arms had made him head of many winemâgas (blood friends) and he was surrounded by a mighty mago-dright (band of kin). He had built himself a famous folk-stede, or hall, called ‘Heort,’ and all had gone well with him till the monster Grendel came upon the scene.

The deliverer from the monster was Beowulf, the hero of the story. He comes from another kindred, that of the Scylfings, whose pedigree, not fully given, seems to have been something like the following.

Scylf was the common ancestor of the Swedes or Scylfings. The tribe was divided into two families in the elder of which descended the chieftainship of the Scylfings (2382).

Second family of Wægmundings.

At any rate the Scylfings seem to be divided into two families whose common ancestor was Scylf. But both Beowulf and Wiglaf are spoken of as Wægmundings (2608 and 2815). The headship of the Scylfings had passed into the older of the two families (2384), and this probably is the reason why Beowulf is never called Beowulf the Scylfing.

The reason why Beowulf appeared as the natural helper of Hrothgar from the monster Grendel was that his father Ecgtheow owed a debt of gratitude to Hrothgar. ‘Fighting out a mighty feud,’ Ecgtheow had killed Heatholaf the Wylfing (460), thereby raising another feud. Wherefore his own people (463) fearing invasion, had caused him to flee over sea, thereby seemingly wiping their hands of him. He seems to have fled to Hrothgar just as the latter had become chieftain of the Scyldings on his brother Heorogar’s death. Hrothgar compounded the feud with money (470), sending to the Wylfings over sea ‘ancient treasures.’ Whereupon Ecgtheow swore oath to Hrothgar and presumably became his ‘man.’ And Beowulf now, ‘at honour’s call,’ had come to fight the monster, thereby confirming the friendship between Geats and Gar-Danes, requiting what Hrothgar had done for his father (459).

The details of the fight need not detain us. But the fact is important that Beowulf comes to the rescue not as a Scylfing or as representing his paternal kindred, but as the thane of his maternal uncle Hygelac, the chieftain of his mother’s kindred.

He approaches Hrothgar with a band of fifteen chosen warriors. When asked from whence they came they said they were Geats, Hygelac’s hearthgeneats (260). And the meaning of the word is illustrated further when the warriors accustomed to sleep in Hrothgar’s hall are spoken of as Hrothgar’s hearthgeneats (1581, and see 260 and 2419). When brought into the hall Beowulf himself calls his band Hygelac’s beod-geneats (344) (table geneats), and to Hrothgar he calls himself ‘mæg and mago-thegn,’ literally ‘kin and son thane’ of Hygelac (408).

The daring deed accomplished, Beowulf’s success is rewarded by many golden and other gifts from Hrothgar, and it is significant that on his return he lays all these at the feet of his maternal uncle Hygelac, his heofodmagus—chief of kin—whose man and kin he owns himself to be. His position in Hygelac’s kindred thus demands careful study.

This seems to be the pedigree.

Beowulf is made to say that, when seven winters old, Hrethel had received him from his father Ecgtheow and had kept him as his own child (2420). ‘Remembering kinship’ (sippe gemunde), the old chieftain held him in no less regard than his own three sons, Herebeald, Hæthcyn, and Hygelac. But Hrethel’s old age was full of trouble. The worst tragedy that came upon him was the death of his eldest son Herebeald, killed by his second son apparently by accident.

Here, then, was an apparently accidental homicide within the family. How was it regarded?

The poet likens the father’s grief to that of ‘an old ceorle’ who should see his young son ride on the gallows-tree and can do nothing but wait while his son thus hangs, food for the ravens, as he cannot bring him help (2450).

Thus incidentally is revealed by the poet the depth of the tribal feeling that homicide can only be atoned for by avengement and feud, making it a hard struggle against nature for a father to withhold revenge upon a son for even accidental fratricide. As with the Cymry, it seems that there could be no feud or composition within the family. Nor in the case of accidental homicide was there apparently in the poet’s mind the necessity of flight or outlawry, however great the craving for avengement. It is also significant that Hæthcyn, the slayer, is made to join with his brother Hygelac in the next warfare after Hrethel’s death (2474). The accidental slayer remains a tribesman.

This next warfare was a quarrel—‘provocation and reprisal’—between Swedes and Geats, i.e. between the paternal and maternal kindreds of Beowulf. He himself, it is worth noting, did not engage in it. Onela and Ohthere, the sons of Ongentheow (Beowulf’s paternal relation and chief of the Scylfings or Swedes), apparently began the quarrel. They recklessly broke the peace between the two families—Swedes and Geats. Hrethel was no longer living. Beowulf’s maternal uncles, Hæthcyn and Hygelac, fought on one side, and Ongentheow and his two sons on the other (2485). Hæthcyn fell on one side and Ongentheow on the other: the latter by the hand of Eofor—a comrade rather than kinsman of Hygelac, for he was rewarded by the bestowal of Hygelac’s daughter. The quarrel seems to have been open fighting, possibly from the revival of the old enmities and in breach of tribal custom. Be this as it may, Beowulf himself took no part in the quarrel between his maternal and paternal kindreds.

This disastrous and unnatural quarrel left Hygelac the only surviving son of Hrethel, and so the chieftain of Beowulf’s maternal kindred.

All this irregular fighting, incidentally mentioned by the poet, was past before Beowulf’s great enterprise against the monster Grendel. And, as we have seen, it was as the ‘man and kin’ of Hygelac that Beowulf appeared at Hrothgar’s court. And it was at the feet of Hygelac as his chief of kin, and at the feet of Hygd his queen, that Beowulf laid down his treasures on his return in safety. This exploit ended, Hrothgar thenceforth disappears from the poem, and the poet confines himself to Beowulf’s nearer belongings.

The next event in order of date is a quarrel between Hygelac and the Frisians. This time Beowulf fights for his chieftain. But Hygelac is killed (2357), and again the result reveals interesting traits of tribal custom.

Beowulf returns from Friesland to Hygd the widowed queen of Hygelac. She ‘offers him rings and throne, not daring to trust that her young son Heardred would be able to maintain the chieftainship against all stranger folk.’ Beowulf, however, declines to become hlaford over Heardred, but supports him in his chieftainship till he should be older (2370).

Young Heardred, however, is not chieftain long (2380). The old lawless quarrel between Beowulf’s maternal and paternal relations rises up again.

The facts, when unravelled, seem to be these:—Within Beowulf’s paternal kindred trouble had arisen. For some cause not told, the grandsons of Ongentheow (sons of Ohthere) had been outlawed. They are described as wräc-mäegas (2380) and as having cast off allegiance to the chieftain of the Scylfings. These outlawed kinsmen of Beowulf’s paternal family came to young Heardred’s court, and whilst his guests (‘on feorme’) the young chieftain fell by the sword of one of them (2388).

It was Eanmund by whom this outrage was committed, and once more the crime remained apparently unavenged. The slayer was allowed to withdraw in safety, leaving Beowulf to succeed to the chieftainship of his maternal kindred (2390). Again we ask why? Here was a crime committed by an outlawed paternal kinsman of Beowulf against the chieftain of his maternal kindred, of whom he was himself the guardian, and yet Beowulf did not avenge it! Was it because of the kinship, or because of the outlawry? Whilst nursing the remembrance of his chieftain’s death, Beowulf is made to act with kindness to the other outlawed brother in his desolation, waiting for such avengement as might come at last in the course of things—as it did, according to the poet, when ‘with a band of warriors over sea Eadgils died in cold and painful marches’ (2396).

Avengement is made to follow too in the same way upon Eanmund the murderer. It came from Beowulf’s paternal uncle, Weohstan. But here again the poet is careful to record that it came not in a blood feud, but ‘in fair fight’ with weapon’s edge (2612). And, as if to emphasise the fact that the outlawed kinsman had forfeited all tribal rights, the poet adds that ‘Weohstan from his kindred carried off the armour and sword of Eanmund, Onela (Eanmund’s uncle) yielding them up to him without a word about a feud, although he (Weohstan) had slain his brother’s son’ (2620).

Evidently the poet means to make it clear that Onela’s passive attitude was due to the fact that his nephew was a lawless exile, and so no longer entitled to protection from his kin (2612 and 2380).

Thus the restrained desire of avengement incidentally is made to find satisfaction at last as regards both the outlawed sons of Ohthere.

After these events the elder branch of the Scyldings passes out of the poet’s interest. The only remaining heroes of the tale are the two Wægmundings—Beowulf and Wiglaf.

A long interval had elapsed between Beowulf’s accession to the chieftainship of his maternal kindred and the final feat of daring which cost him his life. And it was Wiglaf, his nearest paternal kinsman, who in the last tragedy came to his aid bearing the sword of the outlawed Eanmund. Beowulf’s dying words to Wiglaf were: ‘Thou art the last left of our kindred (cynnes) the Wægmundings. Fate has swept into eternity all my kinsmen (mâgas)—eorls among men! I must after them!’ As he comes to the rescue, Wiglaf remembers the honour done to him by Beowulf, who had already passed on to him the hereditary right of the chieftainship of the Wægmundings (2608).

Why had he done this? If we might tentatively use the clue given by ancient Greek tribal custom to elucidate a Scandinavian case, we should say that on failure of male succession the ‘sister’s son’ of Hygelac had been called back into his mother’s kindred to become its chieftain, leaving Wiglaf, his next of kin on his father’s side, to sustain the chieftainship of his paternal kindred. The right of the maternal uncle, known to have existed under early Greek law, to claim his ‘sister’s son’ if need arose, to perpetuate the mother’s paternal kindred, suggests a similar explanation in Beowulf’s case. Such a right, found as well in the Laws of Manu, may possibly have been inherent in Scandinavian tribal custom also. Such a suggestion would be at least consistent with the fact of Beowulf’s having been brought up from seven years old in the household of his maternal grandfather, and treated by him as a son. It would be in harmony, too, with what Tacitus describes to have been the relation of the ‘sister’s son’ to the avunculus amongst the German tribes, and the peculiar value of the ‘sister’s son’ as a hostage.[60]

Some indirect confirmation of the probable truth of such a suggestion may perhaps be also drawn from the fact that in Beowulf, when a man’s father is no longer living, the poet sometimes seems to describe him as his maternal uncle’s nephew instead of as his father’s son.

Heardred, the young son of Hygelac and Hygd his queen, after his father’s death is spoken of no longer as Hygelac’s son, but as the nephew of Hereric, ‘nefan Hererices’ (2207). Now his paternal uncles were Herebeald and Hæthcyn, and it becomes an almost necessary inference that Hereric was a maternal uncle. Thus:

So also in the case of Hygelac himself. He was the son of Hrethel. The poet calls him son of Hrethel (1486), and again Hygelac Hrethling (1924). But after Hrethel’s death he calls him ‘Hygelac of the Geats, nephew of Swerting’ (‘Hygelac Geáta nefa Swertinges’) (1204). Here again it seems likely that Swerting was the maternal uncle, though the poet, as in the other case, does not think it needful to explain that it was so. Otherwise, why the change of epithet?

We are here recording tribal customs as revealed in Beowulf, and not seeking for their origin in earlier stages of tribal life. We pass on, therefore, to consider what light the story throws on the customs of the Northern tribes as to marriage.

It is with the chieftains’ grade of rank that we have mostly to do in Beowulf, and nothing is more strongly emphasised by the poet than the important place of marriage between two tribes or kindreds as a link, recognised, however, to be a very brittle one, binding them together so as to end or prevent the recurrence of a feud.

When Beowulf, after his first exploit in aid of Hrothgar against Grendel, has returned to his maternal uncle and chief of kindred Hygelac, and is recounting his adventures, the poet at the first mention of Hrothgar’s queen makes him call her the ‘peace bond to the people.’ And in the same breath, in telling how in Hrothgar’s hall the daughter Freaware bore the ale-flagon, he stops to tell how that ‘she, the young, the gold dight, was promised to the gay son of Froda; it having pleased the Friend of the Scylfings that he, through that woman, should compose deadly enmities and feuds.’ And the poet makes Beowulf moralise to the effect:—‘Often and not seldom anywhere after deadly strife, it is but a little while that the baneful spear reposes, good though the bride may be!’

It would seem that Hrothgar had been formerly at feud with the Heathobeards, that Froda had been killed in the feud, and that the marriage of Freaware to Froda’s son, Ingeld, was to close the feud. But Beowulf repeats aside to Hygelac that he does not think much of the chances of a long continuance of peace between Scyldings and Heathobeards (2030).

What a consistent light this passage throws incidentally on the quarrels which, in spite of the Geats and Swedes being bound together in friendship by the marriage of Beowulf’s mother, broke out again and again, according to the poem, between the two kindreds—quarrels in which Beowulf himself is represented as taking no part, presumably because, according to tribal custom, his blood relationship to both kindreds was a bar to his taking up the feud or assuming the part of the avenger! And how the whole story of Beowulf’s paternal kindred reveals the melancholy fact that, however great the force of tribal custom in controlling feuds, the wild human nature of hot-blooded tribesmen was wont to break through restraints and often ended in the outlawry of tribesmen and the breaking up of kindreds!

To sum up the results obtained from the study of tribal custom as incidentally revealed in Beowulf:—

(1) There is no feud within the kindred when one kinsman slays another. However strong the natural instinct for avengement, it must be left to fate and natural causes. Accidental homicide does not seem to be followed even by exile. But murder within the kindred breaks the tribal tie and is followed by outlawry.

(2) Marriage between two kindreds is a common though precarious means of closing feuds between them. The son of such a marriage takes no part in a quarrel between his paternal and maternal relations.

(3) When a marriage takes place, the wife does not pass entirely out of her own kindred into her husband’s. Her own kindred, her father and brothers, maintain a sort of guardianship over her, and the son in some sense belongs to both kindreds. He may have to join in his maternal kindred’s feuds, and he may become the chieftain of his maternal kindred on failure of direct male succession, even though by so doing he may have to relinquish the right of chieftainship in his paternal kindred to another kinsman.

Finally, in passing from the blood feuds to the composition substituted for them, after what we have learned from Beowulf of tribal custom, there need be no surprise that maternal as well as paternal relations are found to be interested in them. We may fairly judge that tribal custom, in the stage in which we find it in Beowulf and later in the laws of various tribes, would not have been true to itself, had this been otherwise.

CHAPTER IV.
TRIBAL CUSTOM OF THE IRISH TRIBES.

I. THE ERIC FINE OF THE BREHON LAWS.

Returning now once more to the examination of tribal custom and the structure of tribal society in the case of tribes belonging to the Celtic group, it might be expected that Cymric customs would be likely most closely to accord with those of the Celtic tribes of Ireland, Brittany, and Gaul. But it must be remembered that the Cymry whose customs are contained in the Codes, whatever their original Continental position may have been, are supposed to have come into Wales from the North, with Cunedda and his sons. The Codes therefore probably represent the customs of the Cymry of ancient Cumbria north of the Solway Frith, rather than those of the Britons, whether Goidels or Cymry, dwelling in South Wales and more or less subject for generations to Roman rule.

If the theory of the emigration from Wales and Cornwall into Brittany, as the consequence of the Saxon invasion, be correct, the Britons who emigrated into Brittany may never have shared the peculiar customs of the immigrants into Wales following upon the conquests of Cunedda and his sons. They may have had more in common with the Goidelic tribes of South Wales than with the Cymric newcomers into Wales.

These considerations may well prepare the way for the recognition of differences as well as resemblances between Cymric and Irish tribal custom.

The system of payments for homicide amongst the ancient tribes of Ireland as described in the Brehon Laws differed widely from that of the Cymric Codes.[62]

In the first place, the Brehon laws describe no scale of galanas or wergeld, directly varying with the social rank of the person killed. Gradations of rank there were indeed, and numerous enough. But there appears to have been only one coirp-dire, or body-fine, the same for all ranks, namely seven cumhals or female slaves—the equivalent of twenty-one cows.

And when this coirp-dire, or price of the body or life of a man, is further examined, it is found to consist of two parts: (1) one cumhal of compensation (aithgin); (2) the six cumhals of the coirp-dire proper.

In the tract ‘Of every Crime’[63] it is stated:—

And in the ‘Book of Aicill’ (p. 537) are these lines:

Besides this coirp-dire, therefore, was the eneclann, honour-price or price of the face, i.e. payment for insult. And this was the payment, by no means confined to homicide, which varied according to rank.

These two things then—the coirp-dire of seven cumhals and the honour-price—made up together (with, in some cases, exceptional additions) the eric fine.

Next as to the persons liable for its payment.

In the Corus Bescna[64] the following statement is made relating to homicide in cases where the homicide was one of necessity:—

As to crimes of non-necessity:—[65]

If he has not enough to pay the eric or is not to be caught, then

Lastly, failing both the son and the father,

So that, in the absence or in default of the murderer, at the date of this Brehon tract, his family and kindred were answerable for the whole of the eric in the case of wilful murder.

The nearest hearths or ‘fine who bear the crimes of each kinsman of their stock’ were, according to the Senchus Mor (i. p. 261):—

I think M. D’Arbois de Jubainville[66] is probably right in explaining these four hearths or fines to be groups or grades of kindred. He divides them thus:—

Whether this interpretation of the Brehon scheme of the divisions of the Irish fine or kindred be correct in every detail I shall not venture to give an opinion, further than to say that, viewed in the light of other tribal systems, it seems to me to be nearer the mark than the various other attempts to make intelligible what after all are very obscure passages in the Brehon Laws. The seventeen persons making up the four divisions of the fine or kindred must be taken, I think, as representing classes of relations and not individuals; e.g. under the head ‘first cousin’ must be included all ‘first cousins,’ and so on throughout.

So understood, the four hearths or groups of kindred liable for the eric would include the sixteen grades nearest of kin to the criminal. He himself, or the chieftain, would form the seventeenth person on the list.

The tract ‘Of every Crime’ seems to confirm the view above taken. It states (iv. 241) that ‘for the crimes of every criminal’ he himself was first liable.

The liability falls next upon his father and his brother, but, according to the commentary, upon his son first, if he have one. These seem to be the geilfine relations or nearest hearth. And after them it falls, according to the text, upon his ‘deirbhfine relations.’ And ‘if they have absconded so that they cannot be caught, his crime goes upon his chief.’ But before it goes upon the chief the iarfine and other fines come in, according to the commentary, and the chief is said to be that of the four fines.

On the whole, therefore, according to whatever rules of kinship a fine may have been divided into the ‘four nearest fines or hearths,’ we can hardly be wrong in considering them not as four artificial groups including in all seventeen individuals, but as four family groups arranged in the order in which liability for a kinsman’s crime was to be shared.

The full liability for the eric would then, as in the Cymric case, fall upon the four groups or hearths as a whole. But, again as in the Cymric case, the amount falling upon each of them was defined and divided among the individuals composing it. The same family division held good both as regards payment and receipt of eric.[67]

The general correspondence between the obligation to pay and the right to receive a share in fines is shown by another passage from the Senchus Mor:

The penalties for any other crime than homicide fell in the first instance upon the criminal alone, and the person injured took the whole of the compensation for his injury.

But it was not so in the case of homicide. It was not a matter for the individual alone. Both in payment and receipt it was, as with the Cymry, a joint interest of the kindred.

The following passage makes this clear:—

A still clearer indication of this solidarity of the family or kindred occurs in the Book of Aicill (p. 541) in regard to the right of the several members, according to relationship, to share in composition for a kinswoman abducted without their consent. If taken without her own consent, honour-price was to be paid to herself, and also honour-price was to be paid to her chiefs, and her relations, according to the nature of their relationship to her. This presumably was for the breach of their protection. Should death overtake her before she was restored, coirp-dire and honour-price were to be paid to her family. In case of her consent it was the same except that she could claim no honour-price for herself.

So far, then, we have felt our way to the following conclusions:—

(1) That the eric for homicide in Ireland was shared by the family in grades of relationship elaborately fixed, but which it is not necessary to discuss further.

(2) In cases of innocent homicide the family, i.e. four nearest hearths or grades of kindred, shared the eric with the slayer, i.e. the slayer was only liable to pay a share of the eric.

(3) In cases of intentional homicide the goods of the murderer all had to go first, and only the remainder was thrown upon his kindred. But (except inter se) they were liable to the kindred of the slain for the whole of what the slayer could not pay.

(4) The eric consisted of two parts—the coirp-dire and the honour-price. The coirp-dire was seven cumhals, one of which was for restitution (aithgin), the other six cumhals being the coirp-dire proper.

(5) As in other laws, there were sometimes additional payments for breach of protection or privilege &c.

II. THE HONOUR-PRICE (ENECLANN).

It is necessary next to direct special attention to the honour-price (eneclann).

The question at once arises, whose honour-price had to be paid?

In the first place, according to a passage in the Book of Aicill, it is the honour-price of the slayer that had to be paid, i.e. the higher the rank of the slayer the greater the payment to the kindred of the person slain.

The passage alluded to occurs almost at the beginning of the Book of Aicill (p. 99). The heading, literally translated, is: ‘Fines are doubled by anger (ferg).’ Then follows a long commentary, in which the point seems to be limited to secret murder, and the doubling seems to be the result of the concealment. This is quite consistent with tribal feeling as shown in other laws, concealment of the slain person on the part of the murderer being considered a grave aggravation. The passage is as follows:—

And then the commentary goes on to say that if it was the same person who killed and concealed