Archives for posts with tag: honor

when it comes to clan-based societies vs. nation-states and all that, the reigning paradigm is that peoples resort to relying on their extended families/clans/tribes for all sorts of things like justice and economic support in the absence of a (strong?) state, but if they somehow miraculously acquire a state, people quickly drop the connections with their extended families. this to me seems completely upside-down-and-backwards.

never mind, for instance, that there have been strong states in the middle east since…*ahem*…the days of hammurabi if not before, and yet for some reason middle easterners are amongst the most clannish peoples on the planet (see: syria) — and i mean clannish as in actually relying on their clans in their daily lives. and never mind that the chinese — especially the southern chinese — still organize themselves along clan lines, too, with their clan clubhouses and everything — even though they’ve had really strong and powerful states for millennia as well.

see? upside-down-and-backwards.

what appears to be the case, rather, is that, for whatever (*cough*genetic*cough*) reasons, people stop relying on their extended families/clans when they stop being very closely related to those family members, i.e. after a long period of outbreeding (avoiding cousin or other forms of close marriage). i’ve already shown in a previous post that the importance of the clan/kindred in anglo-saxon england was waning in the early 900s (in southern england anyway), before england was unified, so before there was a nice, cozy state for people to fall back on. the same appears to be true of the medieval french (at least some of them — there are regional differences, as there are in britain).

but i’m getting ahead of myself. first things first: picking up where we left off at the end of the last post on medieval france — mating patterns of the medieval franks. let’s look at the importance of the kindred and feuding amongst the franks. then i’ll get to how and when the franks/french dropped all the kindred and feuding business.

for those of you who don’t want to wade through all the details, tl;dr summary at the bottom of the post (click here). you’re welcome! (^_^)
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as we saw in the previous post, the franks — and really i mean the salian franks who gave rise to the merovingian dynasty in austrasia — like all the other pre-christian germanic groups (and the pre-christian irish and britons and scots, too) married their cousins. who knows how much, but enough that the various christian missionaries to these groups raised loud and very vocal objections to their marriage practices.

the result, imho, is that frankish society — like early medieval anglo-saxon society — was “clan”- or kindred-based. from The Laws of the Salian Franks (1991) [pgs. 39-41]:

“The Frankish family was the small family usually found among the other Germanic barbarians: it consisted of husband, wife, minor sons, unmarried daughters, and other dependents including half-free dependents (*lidi*) and slaves. However, although the basic family group was the same for the Franks as for most other Germanic barbarians who settled within the territory of the Roman Empire, the Franks relied more heavily on the larger kin group than did the Burgundians, Visigoths, or Lombards (it is difficult to know about the Anglo-Saxons, for the early Anglo-Saxon laws are uninformative on this subject)….

that last bit is debatable, but anyway…

“The kin group was important because the individual alone, or even with his immediate family, was in a precarious position in Frankish society. One needed the support of a wider kin to help him bring offenders against his peace before the courts, and one needed kin to help provide the oathhelpers that a man might be required to present in order to make his case or to establish his own innocence before the court. These roles of the kin are familiar to all the Germans. But the Frankish kin group had further responsibilities and privileges. For example, if a man were killed, his own children collected only half of the composition due, the remaining half being equally divided between those members of his kin group who came from his father’s side and those who came from his mother’s side (LXII, i)….

“The right of the kin group to share in the receipt of composition involved also the responsibility for helping members of the group to pay composition. If a man by himself did not have sufficient property to pay the entire composition assessed against him, he could seek help from his closest kin, father and mother first, then brothers and sisters. If sufficient help was still not forthcoming, more distant members of the maternal and paternal kin (up to the sixth degree, i.e., second cousins [XLIV, 11-12]), could be asked to help. This responsibility of the kin to aid their kinsmen is known in Frankish law as *chrenecruda* (LVIII)….

“The importance of the kin group should thus be obvious, and added importance derived from the fact that one shared in the inheritance of one’s kin up to the sixth degree should closer heirs be lacking. Normally the advantages and disadvantages of belonging to a kin groups (legally related in an association known as parentela) evened themselves out, and the security of association plus the opportunity to inherit well justified the potential liability of the kin. However, on occasion the liabilities overshadowed the advantages. The debts of an uncontrollable relative might endanger a man’s property, or movement away from the area in which the kin group lived might have made the operation of parentela awkward if not impossible. So the law provided the means whereby a man could remove himself from his kin’s parentela, thereby avoiding responsibility for his kin — but in return he forfeited his position in the line of inheritance of that kin group (LX).”

and then there was the feuding as well. from Language and History in the Early Germanic World (2000) [pgs. 50-51]:

“The other form of protection provided by the kindred concerns blood-vengeance and the prosecution of a feud, for these act as a disincentive to violence and therefore offer protection in advance. It is not enough to define a feud as a state of hostility between kindreds; we must extend it to the threat of such hostility, but also, if the mere threat fails to prevent the outbreak of actual hostility, to a settlement on terms acceptable to both parties by means of an established procedure. In other words, the feud is a means of settling disputes between kindreds through violence or negotiation or both….

Central to feuding is the idea of vengeance, the willingness of all members of a kindred to defend one of their number and to obtain redress for him…. If a conflict nonetheless broke out it was waged not between individuals, but collectively between kindreds, as is best revealed by the way in which satisfaction could be obtained by vengeance on any member of the culprit’s kindred, not necessarily on the perpetrator himself. An offence to one was therefore an offence to all, as is most pithily expressed by Gregory of Tours in the case of a feud involving a woman with the words: *ad ulciscendam humilitatem generis sui*. In this case the kindred exacts vengeance from one of its members who is felt to have disgraced it; a refusal to act thus would have brought even greater shame up the kindred. An example like this shows, even in the language used, just what difficulties the Church had to face in dealing with such a mentality, for the word *humilitas*, in Germanic eyes the ‘humiliation’ or ‘shame’ done to the kindred, was for the Christian the virtue of humility. This virtue, including even a readiness to forgive an insult, was the undoing of Sigbert of Essex who, so Bede reports, was killed by his kinsmen who complained that he had been too ready to forgive his enemies and had thereby brought dishonour on his kindred. Such forgiveness and willingness to abandon the duty of feuding dealt a shocking blow to the kindred as a central support of Germanic society.”

the gauls also practiced feuding, so their society was probably clan- or kindred-based, too. from Medieval French Literature and Law (1977) [pg. 67]:

“[The vendetta's] sole justification was a prior injury or offense. Sanctioned in Roman Gaul in cases of murder, rape, adultery, or theft, the blood vengeance implied a solidarity of family lineage….”
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today the french are (mostly) not a clannish, feuding, kindred-based society — especially compared to, say, the arabs. what happened? when did they quit being clannish?

the kindred-based blood feud was still common during the carolingian empire (800-888) despite efforts of the authorities (the state!) to put a stop to it. from The Carolingian Empire (1978, orig. pub. 1957) [pg. 138 and 168-169]:

“It was in vain that orders were given for all who refused to abandon private feuds and to settle their quarrels in a court of law to be sent to the king’s palace, where they might expect to be punished by banishment to another part of the kingdom. Not even the general oath of fealty imposed by Charles contained a general prohibition of feuds. Instead the government contented itself with prohibiting the carrying of arms ‘within the fatherland’, and with setting up courts of arbitration with the possibility of appeal to the tribunal of the palace. But as far as the prohibition of carrying arms was concerned, not even the clergy were inclined to obey it. The lesser vassals who were themselves hardly in a position to conduct a feud, could always induce their lords to interfere in their quarrels by invoking their right to protection…. But not even the most primitive form of private warfare, the blood feud, actually died out. On the contrary, it appears to have flourished especially among the lesser nobility and the stewards of large domains….

“Just as a lord could force a serf against his will to become a secular priest, so also he could force him to take the tonsure of a monk….

“It certainly suited the secular authorities to rid themselves in this way of opponents or of those involved in a blood feud. In the case of a man involved in a blood feud, however, there was always the danger that the family of the victim would turn their ancient right of revenge against the whole convent.”

and then the carolingian empire broke apart, and all h*ll broke loose (until the capetians gained control of the area we now know as france, and even then it took some time for the kingdom of france to be fully consolidated). various authorities — the church and different barons, etc. — did try to bring peace to the land, but it really didn’t work for very long, if at all. from the wikipedia page on the peace and truce of god:

The Peace and Truce of God was a medieval European movement of the Catholic Church that applied spiritual sanctions to limit the violence of private war in feudal society. The movement constituted the first organized attempt to control civil society in medieval Europe through non-violent means. It began with very limited provisions in 989 AD and survived in some form until the thirteenth century.”

interestingly, the peace and truce of god movement began in southern france, not in the north where The Outbreeding Project had began earliest. perhaps those populations in southern france experienced more feuding in the late-900s than in the north? i don’t know. don’t have any direct proof (yet). in Medieval French Literature and Law (1977) we learn that everyone — the church, the lords of manors, the kings — tried EVERYthing they could think of over the next three to four hundred years to stop the feuding, with, as we shall see, very limited success [pgs. 108-113 and 116 - long quote here]:

Direct opposition to the blood feud began to make itself felt in southern France toward the end of the century. Combining ideology with expediency, the horror of blood with a desire for clerical immunity from attack, the Council of Charroux (989) ratified a special treaty of protection. Under God’s Peace, or the *paix de Dieu*, acts of violence against church property, laborers, peasants, their livestock, and clerics were forbidden under pain of official sanction. The Peace of Charroux took the form of voluntary submission rather than true prohibition and was sponsored by local prelates with the cooperation of the local nobility. It must have been at least partially successful, for similar accords were adopted by the Council of Narbonne in 990 and that of Anse in 994. An agreement concluded at the Synod of Puy (990) extended the protection of God’s Peace to merchants, mills, vineyards, and men on their way to or home from church. Pacts of ‘justice and peace’ were signed in 997 by the Bishops of Limoges, the Abbot of Saint-Martial, and the Bishop and Duke of Acuitaine. It was decided at the Council of Poitiers in 1000 that all infractions pertaining to *res invasae* would henceforth be settled by trial rather than war.

Monarchy favored the ecclesiastical peace movement. It appears likely, even, that Robert the Pious attempted to promulgate a declared peace at Orleans in 1010, although he remained unable to enforce it. By the third decade of the eleventh century the spirit of the southern pacts had spread to Burgundy and the North. At the Council of Verdun-le-Doubs (1016) the lay aristocracy of the region promised, in the presence of the archbishops of Lyon and Besancon: (1) not to violate the peace of sanctuaries; (2) not to enter forcefully the *atrium* of any church except to apprehend violaters of the peace; (3) not to attack unarmed clerics, monks, or their men; (4) not to appropriate their goods except to compensate for legitimate wrong inflicted. The Council of Soissons adopted an identical formula in 1023, as did the Councils of Anse in 1025, Poitiers in 1026, Charroux in 1028, and Limoges in 1031. Elsewhere, the bishops elicited individual promises of nonviolence from members of a particular diocese. At the request of the Abbot of Cluny and in the presence of the archbishop and the high clergy of the region of Macon, numerous Burgundian nobles swore in 1153 to refrain from attacking church property, to resist those who did, and to besiege the castles to which they withdrew if necessary.

A variation of the *paix de Dieu* was concluded by the bishops of Soissons and Beauvais. The *pactum sive treuga*, or *treve de Dieu*, forbade violence not according to the object of attack, but according to its time, season or day. Wars of vengeance were initially prohibited during the seasons of Easter, Toussaint, and Ascension. In addition to their oath governing sacred property and clerics, the subscribers of the Council of Verdun-le-Doubs swore: (1) not to participate during certain periods of the year in any military expedition other than that of the king, local prelate, or count; (2) to abstain for the duration of authorized wars from pillaging and violating the peace of churches; (3) not to attack unarmed knights during Lent. The Council of Toulouse added certain saints’ feast days to the list of proscribed dates; the bishops of Vienne and Besancon included Christmas and the Lenten season. Caronlingian interdiction of the blood feud on Sundays was revived by the Synod of Roussillon in 1027. From Sunday it was gradually extended to include almost the entire week: first from Friday at vespers to Monday morning and then from Wednesday sundown to Monday….

The seigneurial peace movement in the large northern feudatory states, themselves large enough to be governed as small kingdoms, prefigured any sustained monarchic attempt to control private war. An accord ratified in Flanders at the Council of Therouanne (1042-3) regulated the right of the Flemish aristocracy to bear arms; the count alone could make war during periods of prescribed abstinence. Angevine Normandy, inspired by the Flemish example, was sufficiently advanced administratively and judiciallys to serve as a model for Philippe-Auguste after royal annexation of the duchy in the early thirteenth century. The *treve de Dieu* signed in Caen in 1047 had validated the principle of ducal regulation of private campaigns. According to an inquest conducted in 1091 by Robert Curthose and William Rufus, William I had enacted, as early as 1075, a *paix de Duc* limiting blood feuds and placing numerous restrictions upon the conduct of any but his own expeditions. The *Donsuetudines et Iusticie* of the Conqueror prohibited seeking one’s enemy with hauberk, standard, and sounding horn; it forbade the taking of captive and the expropriation of arms, horses, or property in the course of a feud. Burning, plunder, and wasting of fields were forbidden in disputes involving the right of seisin. Assault and ambush were outlawed in the duke’s forest; and, except for the capture of an offender in *flagrante delicto*, no one was to be condemned to loss of life or limb without due process in a ducal court. William’s law thus reflects a double current in the control of wars of vendetta. On the one hand, it limits the methods of private campaigns without prohibiting them altogether. On the other, it reserves jurisdiction over certain cases of serious infraction for the duke’s own court, thus bypassing the local seigneurial judge who would ordinarily have enjoyed exclusive cognizance over the crimes committed within his fief….

Although unable to control the *faida* [blood feud - h.chick] with any certainty until well into the thirteenth century, the Crown did support a number of measures restricting the right to war. According to Beaumanoir, only noblemen can legally settle a dispute through recourse to arms; a conflict between a nobleman and a bourgeois or a peasant was to be resolved in public court. Brothers and even stepbrothers were prohibited from fighting each other. Furthermore, the Bailiff of Clermont carefully defines the limits of family obligation in pursuit of blood feuds. Duty to one’s kin-group had formerly extended to the seventh degree. Beaunamoir maintains that since the Church had set impediments to marriage only at the fourth degree, kinsmen of more remote paternity were not obliged to come to the aid of distant relatives. Thus, while the collective responsibility of the feudal *comitatus* had not been eliminated entirely, it was curtailed somewhat.

“The rules pertaining to initiation and cessation of hostilities were a crucial factor in the limitation of vendetta. As Beaumanoir specifies, fighting may begin either by face-to-fact challenge or by messenger. In both cases the declaration must be made clearly and openly; war without public defiance is the equivalent of murder without warning, or treason…:

“‘He who wishes to initiate war against another by declaration, must not do so ambiguously or covertly, but so clearly and so openly that he to whom the declaration is spoken or sent may know that he should be on his guard; and he who proceeds otherwise, commits treason.’ (Beaumanoir 2: 1675: 358).

“Once war had been declared, the parties had to wait forty days before actually coming to blows in order to alert those not present at the original declaration. This waiting period or *quarantaine le roi*, which was attributed to Philippe-Auguste and renewed by Saint Louis, again emphasizes the distinction between open and secretive homicide; it broadens the criminal concept to cover the domain of general warfare. Surprise attack upon an enemy clan prior to the end of the forty day injunction constituted an act of treason as opposed to legitimate vengeance….”

The persistence of wars of vengeance following the Saint-King’s death is apparent in the large number of *treves* concluded in the Parlement of Paris during the reign of Philip the Bold [1363-1404]. Despite the attempt to continue his father’s policy of suppression, Philip remained more capable of terminating conflicts already under way than preventing the outbreak of new wars. Philip the Fair experienced even greater difficulty in controlling the resurgence of independent military ventures among his vassals….”

so despite ALL of those efforts from the authorities in medieval france over the course of three or four hundred years, kindred-based blood feuds continued in france until the 1200-1300s. meanwhile, in southern england (but NOT in northern england, wales, or the highlands of scotland), feuding seems to have died a natural death by the 1100s. it would be interesting to know if there were regional differences in the timing of the cessation of feuding in france (like in britain) — my bet is yes, but i don’t have any info on that one way or the other. i will certainly be keeping an eye out for it.
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there are some hints, though, that the kindred was, in fact, becoming less important in medieval france before the 1200-1300s.

the first was the increasing significance of the paternal lineage (la lignée) at the (both literal and figurative) expense of the extended family. the nuclear family became more important, and parents (fathers) began to bequeath their wealth and property to their sons (and daughters) — mainly to the eldest son, of course — rather than also to their own brothers and cousins and second cousins thrice removed (you get the idea). as i wrote about in a previous post, this process of the shrinking and verticalization of the french family began around ca. 1000. most of the historical data we have on this process comes from the northern/austrasia region of the franks — where The Outbreeding Project began — but that doesn’t rule out that it wasn’t also happening elsewhere in france. again, i’ll have to keep my eye out for more info.

another indicator of the decreasing importance of the kindred in medieval french society, imho, is the rise of the communes (liberté! egalité! fraternité! (~_^) ). (yes, i know there were communes in northern italy, too. i’ll come back to those at a later date.) the later communes in medieval france — in the 1100-1200s — tended to be officially established entities given charters by the king or some regional lord, but the earliest ones from the late 1000s were really movements — associations“of the people” — of individuals (and maybe their immediate families), NOT of whole kindreds or clans or tribes. from Medieval France: An Encyclopedia (1995) [pgs. 464-465]:

Communes were sworn associations of rural or urban dwellers designed to provide collective protection from seigneurial authority. The earliest development of self-governing cities occurred in the later 11th century between the Loire and the Rhineland, as well as in northern Italy…. The urban territory became officially a ‘peace zone.’ Responsibility for enforcing order and judging violators fell to the commune, as did collection of taxes and the payment of dues to the king or local lord. These urban franchises were available to all residents, including those who, fleeing servitude in the countryside, remained for a year and a day….

Communes engaged all inhabitants in a communal oath, thus substituting a horizontal and egalitarian form of association for the more traditional ones of the aristocracy. Within the commune, each member was subservient to the other as a brother. On the ideological level, the notion of ‘peace’ played so fundamental a role that in some charters *pax* and *communa* are synonymous terms….

“Communes continued to form through the 12th and early 13th centuries, and in the reign of Louis IX there were over thirty-five of them in the regions directly north of Paris. They gradually became more established, with a hierarchy of guilds structuring relationships between segments of the population, often concentrating authority in the hands of a clique of ruling families. Communes began to decline after the 13th century, with European economic growth generally….”

the citizens of communes tried their hand at stopping blood feuds, too. most of the commune citizens themselves dealt with disputes with others NOT via the feud and with the help of other family members, but as independent individuals via civil means. however, the commune members might wind up suffering collateral damage if feuds raged nearby, so they tried to put a stop to them. from Medieval French Literature and Law (1977) [pg. 110]:

Municipal opposition to private war accompanied the communal movements of the eleventh and twelfth centuries. Though theoretically excluded from participating in the blood feud and protected by local peace pacts, the merchants living in northern and eastern France were nonetheless subject to the ravages of vendetta. An abundance of evidence indicates a willingness on the part of some municipal residents to settle their differences independently of civil procedure. Most, however, sought more regular means of settlement. When it came to handling arms, the merchant, like the cleric, found himself at a distinct disadvantage. The commune was, in essence, a peace league, a specially designated civil space whose inhabitants were guaranteed the right to trial without combat. Among the founding principles of the municipality of LeMans (1070) were the repression of vendettas among the members of the urban ‘friendship’ and mutual protection against external attack. The charter of Laon (1128) was entitled to *institutio pacis*; that of Tornai, *forma pacis et compositionis*. The pact of Verdun-le-Doubs was, in effect, an earlier version of the twelfth-century *convenance de la paix*, a protective agreement organized by artisan and trade guilds. In 1182 a carpenter from Le Puy founded a brotherhood of merchants and manufacturers devoted to the suppression of violence. Not only were feuds prohibited within the group, but when a murder did occur, the family of the victim was expected to seek reconciliation with the guilty party by inviting him to its house. The peace league of Le Puy had spread throughout Languedoc, Auxerre, and Berry before seigneurial uneasiness with institutional restraints upon the right to private war led to its own suppression. In spite of constant and often violent opposition, similar *confreries de paix* appeared in Champagne, Burgundy, and Picardie under Philip the Fair and his sons.”

the communes of the 1000-1100s, then, are free associations of independent individuals, usually minus their extended families/kindreds, but plus lots of civic behavioral patterns like the presence of the right to a trial in a court of law rather than the vendettas and feuds of a clan-based society. that’s a big change. wrt timing, the french communes — as free associations of independent individuals in place of kindreds — appear right around the same time as the gegildan in southern england (900s), the gegildan being another type of association of independent individuals replacing the earlier kindreds. again, i’d love to know if there were any regional differences in where these communes were located (apart from between the loire and rhine) — more in the north? more in the south? i shall endeavor to find out.
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tl;dr:

to sum up, then — the pre-christian franks, like all the other pre-christian germanics, were a cousin-marrying, kindred-based population in which the extended-family was extremely important (on top of the nuclear family) and in which blood feuds between kindreds regularly occurred. a frankish individual’s identity was all bound up with that of his kindred — frankish society was not comprised of independently acting individuals. feuding also took place amongst the romano-gauls, so they were likely clannish, too.

the roman catholic church banned cousin marriage in 506, but it’s likely that the franks didn’t take this seriously until after the mid-700s (although the particularly devout may have), at which point they really did (see previous post).

beginning in the 1000s, there are indications — the rise of lineages and the appearance of communes — that the french kindreds were starting to break apart. however, feuding continued in france into the 1200-1300s, so clannishness did not disappear in france overnight.

all of this can be compared to the southern english whose kindreds began to drift apart in the 900s and where feuding seems to have disappeared by the 1100s. remember that the law of wihtred in kent outlawed cousin marriage sixty years (two generations) before the franks did. also keep in mind that there may be regional differences in france (as in britain) that might be obscuring an earlier disappearance of kindreds/clannishness in “core” france. or maybe not. we shall see.

whew! that is all. (^_^)

previously: whatever happened to european tribes? and kinship, the state, and violence and mating patterns of the medieval franks and la lignée and the auvergnat pashtuns and the importance of the kindred in anglo-saxon society

(note: comments do not require an email. vive la commune!)

earlier this month, the inestimable peter frost wrote:

“Over the past millennium, Western Europeans have created a social environment where the individual is largely free from collective ties of kinship and ethnicity. Because the State has imposed a monopoly on the use of violence, there is less need to rely on kinsmen to safeguard one’s life and property. That’s what the government is for. In many other societies, however, the State is much more recent and often foreign. Collective identity still matters most and, when the chips are down, personal ties of friendship matter little. Your real friends are your ‘blood’.”

in The Better Angels of Our Nature: Why Violence Has Declined (2011), steven pinker says that, in england, this process of the state taking over and monopolizing violence began during the reign of henry i, which lasted from 1100-1135 a.d. [kindle locations 1830-1839]:

“Feuding among knights and peasants was not just a nuisance but a lost opportunity. During Norman rule in England, some genius recognized the lucrative possibilities in nationalizing justice. For centuries the legal system had treated homicide as a tort: in lieu of vengeance, the victim’s family would demand a payment from the killer’s family, known as blood money or wergild (‘man-payment’; the *wer* is the same prefix as in *werewolf*, ‘man-wolf’). King Henry I redefined homicide as an offense against the state and its metonym, the crown. Murder cases were no longer *John Doe vs. Richard Roe*, but *The Crown vs. John Doe* (or later, in the United States, *The People vs. John Doe* or *The State of Michigan vs. John Doe*). The brilliance of the plan was that the wergild (often the offender’s entire assets, together with additional money rounded up from his family) went to the king instead of to the family of the victim. Justice was administered by roving courts that would periodically visit a locale and hear the accumulated cases. To ensure that all homicides were presented to the courts, each death was investigated by a local agent of the crown: the coroner.”

pinker cites daly and wilson (1988) on this who, in turn, cite hurnard (1969). there is also green (1972). see also The Aristocracy of Norman England (2002), pg. 243.

the only problem with this picture is, as was discussed on this blog in a previous post, there is good evidence that the kindred in anglo-saxon england — the importance of kinship, in other words — was already beginning to disappear (in southern england, anyway) in the early 900s, or maybe even the late 800s, a full two hundred years before henry i and his coroners showed up on the scene.

as i said in that post:

“the *gegildan* appears in some of the anglo-saxon laws in the late-800s as an *alternative* group of people to whom wergeld might be paid if the wronged individual had no kin. by the 900s, though, in southern england, the *gegildan* might be the only group that received wergeld, bypassing kin altogether.”

again, from Wage Labor and Guilds in Medieval Europe (1991) [pgs. 39-42]:

“The laws of King Alfred of Wessex, dated to 892-893 or a few years earlier, are more informative about the *gegildan*. Again, the context is murder and the wergild — the compensation required for the crime. By Alfred’s time, if not during Ine’s, the *gegildan* is clearly a group of associates who were not related by blood. The clearest example of this is in chapter 31 of the laws: ‘If a man in this position is slain — if he has no relatives (maternal or paternal) — half the wergild shall be paid to the king, and half to the *gegildan*.’ No information exists on the purpose of the *gegildan* other than its role as a substitute for kinship ties for those without any relatives. These associates, who presumably were bound together by an oath for mutual protection, if only to identify who was responsible, would benefit anyone, whether the person had relatives or not…. Although the evidence from the laws of Ine may be read either way, the *gegildan* seems to be an old social institution. As seen more clearly in the tenth and eleventh centuries, it acquired additional functions — a policing role and a religious character.

The nobles, clergy, and commoners of London agreed upon a series of regulations for the city, with the encouragement and approval of King Athelstan, who caused the rules to be set down some time in the late 920s or 930s. The primary purpose of these ordinances was to maintain peace and security in the city, and all those supporting these goals had solemnly pledged themselves to this *gegildan*. This type of inclusive guild, sometimes referred to as a peace guild, was an attempt to create one more additional level of social responsibility to support the king and his officials in keeping the peaces. This social group of every responsible person in London is a broad one, and the law does not use the term *gegildan* to describe the association in general….

“The idea of a guild to keep the peace was not limited to London, and a document from the late tenth century contains the rules and duties of the thegn’s guild in Cambridge. This guild appears to have been a private association, and no king or noble is mentioned as assenting to or encouraging this group. Most of the rules concern the principle purposes of this guild — the security of the members, which receives the most attention, and the spiritual benefits of membership itself. The guild performed the tasks of the old *gegildan*: the members were obliged to defend one another, collect the wergild, and take up vengeance against anyone refusing to pay compensation. The members also swore an oath of loyalty to each other, promising to bring the body of a deceased member to a chosen burial site and supply half the food for the funeral feast. For the first time, another category of help was made explicit — the guild bound itself to common almsgiving for departed members — and the oath of loyalty the members swore included both religious and secular affairs. Although in many respects this guild resembles a confraternity along the lines Hincmar established for the archdiocese of Rheims, the older purpose of the group — mutual protection with its necessary threat of vengeance — makes the Anglo-Saxon guild something more than a prayer meeting. To include almsgiving to members in distress would be a small step, given the scope of activities this guild established. There is no sign that the thegns cooperated in any economic endeavors, but older rules of rural society had already determined methods of sharing responsibility in the villages, and the thegns cooperated on everything that was important in their lives. The thegns of Cambridge had a guild that resembles in some important ways the communal oath, that will be discussed below, of some Italian cities in the next century.”

so, in england anyway, the individual didn’t become “largely free from collective ties of kinship and ethnicity” thanks to the state. anglo-saxon individuals were already on their way to becoming free from the collective ties of kinship before the state stepped in.
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pinker has a neat chart in Better Angels — Fig. 3.3 – Homicide rates in five Western European regions, 1300–2000:

pinker - fig. 3.3

as he says about england [kindle locations 1581-1584]:

“Once again we see a decline in annual homicide rates, and it is not small: from between 4 and 100 homicides per 100,000 people in the Middle Ages to around 0.8 (eight-tenths of a homicide) per 100,000 in the 1950s. The timing shows that the high medieval murder rates cannot be blamed on the social upheavals that followed the Black Death around 1350, because many of the estimates predated that epidemic.”

and [kindle locations 1599-1603]:

“Were the English unusual among Europeans in gradually refraining from murder? Eisner looked at other Western European countries for which criminologists had compiled homicide data. Figure 3–3 shows that the results were similar. Scandinavians needed a couple of additional centuries before they thought the better of killing each other, and Italians didn’t get serious about it until the 19th century. But by the 20th century the annual homicide rate of every Western European country had fallen into a narrow band centered on 1 per 100,000.”

i discussed this difference in the timing of the drop in homicide rates between various european countries in a previous post — outbreeding, self-control and lethal violence — in which i looked at manuel eisner’s paper, Modernization, Self‐Control and Lethal Violence. pinker also drew on eisner’s work for Better Angels. in that paper, eisner said:

“[T]he data suggest that the secular trajectories of low homicide rates differ among large geographic areas. It appears that English homicide rates were already considerably lower in the late sixteenth century than during the late Middle Ages and that they declined continuously along a log-linear trend over several centuries. Extant estimates for the Netherlands and Belgium suggest a very similar structure trend in these areas. In the Scandinavian countries, the transistion to the decreasing trend occurs notably later, namely in the first decades after 1600. Despite huge gaps in the data, the German-speaking areas may also be assumed to have joined the declining trend from the early seventeenth century onwards. For Italy, however, all the available data indicate that acts of individual-level lethal violence remained very frequent until the early nineteenth century. It is not until the mid-nineteenth century that the rate begins to decline, but then very steeply.”

and, as i said in my previous post:

“hmmmm. now where have i heard a pattern like this before? england, the netherlands, germans earliest in *some*thing … scandinavians later … italians last.”

that “something” that i was referring to is, of course, the avoidance of close cousin marriage — or The Outbreeding Project, as i like to call it. (i guess i should really call it The European Outbreeding Project or The Norwestern European Outbreeding Project.) the importance of kinship — extended families and kindreds — disappeared in large parts of northwestern europe, because northwest europeans quit marrying their close cousins, and the ties (including genetic) between individual northwest europeans and their extended family members simply loosened. loosened to the extent that, after several hundreds of years, extended families and kindreds just didn’t matter to people anymore. and, so, kindred-driven activities like feuding ceased and homicide rates decreased markedly.

the dutch — thanks to having been a part of frankish austrasia — and the southern english (especially the ones in kent) — thanks to being heavily influenced by the franks just across the channel — began avoiding cousin marriage very early in the medieval period, probably already in the 600-700s (see “mating patterns in europe series” below ↓ in left-hand column — also more on medieval england and france). the germans weren’t far behind, especially since the franks had so much influence in what would eventually become germany over the course of the medieval period (see the ostsiedlung). the scandinavians lagged behind since they were comparatively late in adopting christianity (and, therefore, in adopting the cousin marriage bans). and the italians were very late since they mostly did not have manorialism (which reinforced the cousin marriage bans). the italians, in fact — especially southern italians — kept marrying close cousins up until very recently.
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eisner offered several explanations — not necessarily mutually exclusive — for why homicide rates should’ve dropped so much in western europe over the course of the middle ages. one of the ones that steven pinker latched on to was the idea of the leviathan — the replacement of family feuds and compensation for killings with punishment (esp. execution) by the state. certainly there’s probably something to this — removing enough violent individuals from the gene pool could very well reduce the frequencies of “genes for violence” in a population in just one thousand years or so. (see also peter frost on rome – pdf.)

eisner also suggested another explanation, though, one that he drew from emile durkheim [pg. 632]:

Durkheim saw the decline of homicide rates as resulting from the liberation of the individual from collective bonds rather than as the consequence of the coercive potential of the state. High levels of lethal violence thus mirror the intensity of ‘collective emotions’, which bind the individual to ‘groups of things that symbolically represent these groups’. Violence thus declines to the degree that the person becomes liberated from its sacred obligation to the group, and the rise of moral individualism brings about both subjective reflexivity and emotional indifference in conflict situations (Durkheim 1957: 115).”

replace “liberated from its sacred obligation to the group” with “more and more outbred” and you’ve got a nice, little sociobiological theory there!

“This theoretical approach offers valuable insights into the historical patterns of declining homicide rates. First, the Durkheimian argument offers a theoretical framework for understanding the multifarious cultural meanings of violence in medieval society. Much empirical research on the topic emphasizes the crucial role of insults in triggering situational conflicts. This is in accordance with a society in which ‘honour’ constitutes highly important social capital of the male person as a representative of his group. It requires retributive violence as a potential and culturally accepted means for maintaining one’s honour. Such a theoretical framework may help to better understand why the secular decline in homicide rates primarily seems to have been due to a decrease in male-to-male fights. And it may also offer a point of departure for understanding the high violence rates in italy, where a culture of honour persisted despite the early development of administrative and judicial structures in the city states.

in anglo-saxon england, then, the kinship groups and their “culture of honor” (feuds, etc.) declined before the state got involved in safeguarding the lives of individuals. meanwhile, in medieval italy, the culture of honor persisted despite the presence of states that punished violent offenders. the difference, of course, is that italy — especially southern italy — barely ever joined in The Outbreeding Project, whereas england was one of its leading nations.

previously: the importance of the kindred in anglo-saxon society and outbreeding, self-control and lethal violence and what pinker missed and more on genetics and the historical decline of violence and clannishness defined

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konkvistador's tweet

couldn’t have said it better myself! (^_^)

*update below*

from gates of vienna, excerpts from a translation of this article (links and emphases added by me — there are a LOT of links in the original article, presumably mostly to german sites):

“Germany: A ‘Society of Prey’ — Kurdish-Lebanese Clans and the Helplessness of the Constitutional State

“While the federal government and the opposition in the Bundestag adamantly regard immigration as an indispensable contribution to Germany, the intensity of the conflicts between some groups of immigrants and German society is steadily increasing.

“One example of this are many social problems caused by members of Kurdish-Lebanese clans in Berlin, Bremen, and Essen, cities which according to declarations from judicial authorities are out of control….

Regarding Lebanese clans, hierarchically organized groups meet strong ethnic self-awareness and a strong family cohesion which is supported by a large number of young men ready to fight a modern society composed of small families and with liberal institutions that can hardly assert themselves when facing this challenge….”

long-term inbreeding vs. long-term outbreeding (i think). there’s more…

“… An anonymous crime investigator mentioned that this group considers Germans to be ‘a society to be looted, both as born victims and losers….’”

morality applies to the ingroup and not to the outgroup. some more…

“… The police often meet aggressive groups of men while patrolling the streets, men who are part of families in which ten children per woman is not a rarity, who are available in large numbers and can be quickly mobilized because of an unemployment rate of 90% and the culturally-conditioned tendency of men from these groups to remain in the streets all the time. The police must more and more frequently retreat and even traffic stops against members of these families can be made only with extra police presence.

According to the Commissioner for Integration of Neukölln, the male members of the Lebanese clans are generally prone to a special level of aggressiveness. The children in these families increasingly realize that no German can be in a position to set limits for them. The mere mention of their family name would be enough to force others to give them money and other goods. An admonition in the school or a mere criticism of a neighbor is seen as an attack against the collective honor of the community, to which one is ready to respond with violence. Individual members of a clan can always count on the support of many male relatives. For example, in March 2012, when the German Sven N. fatally injured a Lebanese in Neukölln in self-defense, he had to leave the district after receiving threats from the Lebanese clan. The attacker who died was, however, considered by many of his relatives as well as by Arabs and Turks in Berlin as a martyr and buried in a ceremony in which several thousand Muslims were present.

“At their main centers in Berlin and Bremen, members of these clans appear as a group strongly prone to criminal activities. According to the central police department in Bremen, 1000 out of the approximately 2,600 Lebanese in Bremen (mostly men) are registered as suspects of having committed crimes. The statistical result is that almost every male Lebanese in Bremen was at least once a potential subject of a legal proceeding. In Berlin, the crime rate among Lebanese youth in cases of aggravated robbery is about 16 times higher than among ethnic Germans. The overall incarceration rate is 14 times higher than the average of the male population in the same age. Even amongst heavy offenders, Lebanese are strongly overrepresented. The former Berlin Attorney Roman Reusch spoke of ‘proper training for professional criminal activities’ in some Lebanese clans. Police sources reported similar information. Male family members would often begin committing crimes as early as elementary school age. Imprisonment would be understood in their environment as a kind of an initiation rite.

“Hostility to Germans is extremely blatant among many members of the Lebanese clans, who according to a report from the Süddeutsche Zeitung: ‘despise everything that is not part of their culture, first and foremost the Germans.’ According to information from the media, an internal report made by the Berlin police described the situation of the Germans in places with strong Lebanese presence as follows:

“‘For German youths residing in districts that are dominated by ethnic gangs, the situation, according to the criminal police experts, has already become dramatic. Their withdrawal with defensive behavior was perceived as weakness, which meant a loss of honor — and also danger: The number of German teenagers being beat up or robbed because they were an easy target was significant in ethnically dominated conflict-ridden neighborhoods….’

“The mayor of the district of Neukölln, Heinz Buschkowsky, had in this context pointed to different cultural conditions that hinder self-assertion on the German side:

“‘The enemy is the hated Germans, they are the target of their aggression, and they have nothing to counter the flash mob which gathers in a few minutes via a circulated SMS, a group of people who immediately display a threatening attitude. Germans are considered easy prey…. We raise our children to be non-violent. We reject violence at these encounters and teach this attitude to our children. Others teach their boys to be strong, brave and ready to fight. The starting situation is simply not equal.

“Government employees are being increasingly threatened and intimidated, too, and therefore they avoid conflicts with the clans. There were also examples reported in Bremen in which the police no longer investigated complaints made by Germans in cases involving Lebanese clans. Judges and prosecutors who are involved in cases against them are under police protection due to threats from members of those Lebanese clans. The Berlin youth court Judge Kirsten Heisig said she had been threatened by a clan after she sentenced some of its members to prison. Shortly afterwards she committed suicide under circumstances that have not been fully clarified. According to the head of the department of Organized Crime in the Berlin public prosecutor’s office, it is possible for the clans to ‘clearly exercise any kind of influence on evidence’ due to their capacity to threaten. Video recordings document the disproportionate behavior of Lebanese against legal personnel, who do not dare to oppose them. A judge allowed herself to be insulted in court for nine minutes without even daring to contradict the accused person. Many Lebanese criminals receive remarkably mild punishments, and if they have to go to prison, they enjoy privileges and continue their illegal activities from behind bars, while acquittals are hailed as victories over the German state….

“Meanwhile, leftists try to mobilize Arab youngsters as allies against the police, and the liberal journalist Malte Lehming explained the problems as an expression of social progress and said of Lebanese and other youth gangs:

“‘They are young, brave, mobile, hungry, willing to take risks, initiative. The country needs such people.’”

hmmmm. maybe he’s right. finally…

“… According to the police in Bremen, well-integrated Lebanese from important clans are an ‘absolute exception.’”
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update 12/29: here are some links to msm stories which were linked to in the original german article @sezession.de. i’ve provided the links to the german msm stories and to corresponding google translations. enjoy! (several of these articles are multiple pages long, so make sure to click through to the other pages. note that not all of the links below go to the first page.):

- Arabische Großfamilien – Staat kuscht vor kriminellen Clans (United Arab families – state lies down against criminal clans)

- Organisierte Kriminalität – Schrecklich nette Familien (Organised crime – Terrible nice families)

- KRIMINALITÄT – Blutige Selbstjustiz (CRIME – Bloody vigilantism)

- Clans in Deutschland – Machtlose Polizei (Clans in Germany – Powerless police)

- Bremer Clan: Mord mit Ansage (Bremer clan: murder with announcement)

- Arabische Kriminelle in Deutschland – Das regeln wir unter uns (Arab criminals in Germany – We agree among us)

- Deutschlandradio Kultur – Länderreport Arabische Clans (Germany Culture – Country Report: Arab clans << kinda a messed up translation. sorry!)

- Angst ist ein schlechter Ratgeber – Einblicke in die Parallelgesellschaft Neuköllns (Fear is a bad advisor – Insights into a parallel society Neukölln)

- Kriminelle Großfamilien – Sechs arabische Clans im Visier der Polizei (Criminal extended – Six Arab clans targeted by the police)

- Kriminelle Großfamilien halten Polizei auf Trab (Criminals extended families keep police on their toes)

- Die bittere Wahrheit über Multi-Kulti (The bitter truth about multiculturalism)

- Niedersachsen – Verband besorgt über Gewalt in Gerichtssälen (Lower Saxony – Association concerned about violence in courtrooms)

- Warum lässt sie sich das gefallen? – Miri-Schläger beschimpft Richterin 9 Minuten lang (Why she puts up with that? – Miri-Schläger insulted Judge for 9 minutes). this and the following three articles are related to the miri-clan.

- Bremer Justiz: Warum kuschen Sie vor den Miris, Frau Richterin? (Bremer Justice: Why fawn at the Miri, Judge?)

- Milde Strafe für diesen brutalen Miri (Mild punishment for this brutal Miri)

- Polizei löst Siegesfeier des Miri-Clans auf (Police solves victory celebration at the Miri clan)
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previously: clans in the news: aleppo and clans in the news: the lebanon and clans in the news

(note: comments do not require an email. hi there!)

in a post entitled Are blacks scared straight by the law or by hell-raisin’ whites?, agnostic finds that african-american incarceration rates are lowest in areas of the country where “celtic” whites predominate, his “celtic” whites being, afaics, borderlands/backcountry folks. and he thinks it has to do with this:

Compared to other white Americans, those of Celtic ancestry are more clannish and warlike, more honor-driven and less law-regarding. The hell with being tattle-tales to law enforcement — how about we just settle this little thing ourselves, like men. Picking up that vibe from whites at the grassroots level must make black criminals think twice about stepping on the wrong man’s dick — if he doesn’t pursue you to within an inch of his own life just to bring about your death, then his kinfolk may just round up a party and track you down like an animal, unencumbered in whatever they do by legal regulations since the authorities won’t know about it….

“In contrast to the Culture of Honor prevailing among the more pastoralist-influenced Celts, there’s a greater Culture of Law among the more agriculture-influenced English, Scandinavians, French, and Germans. “

yup to the part in bold: “culture” of honor and hatfields and mccoys.
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from an article in the American Anthropologist, July-September 1921, “The ‘Blond’ Eskimos” (links added by me):

“Several travellers had noticed [eskimo] individuals who markedly resembled Indians; Collinson had observed acquiline noses and a Jewish caste of countenance in Walker Bay, in Victoria Island, and Murdoch had noticed the same thing at Point Barrow, in Alaska; Petitot had seen a Scotch- or Russian-looking individual in the Mackenzie River regions, while one or two other travellers elsewhere had observed Scandinavian types. These variations were noticed all the way from Greenland to Alaska and as far south as Labrador…”

wait. what? “blond” eskimos?! how come nobody told me?! you guys have been holding out on me! (~_^) there’s more…

“…for to the authors quoted by General Greely we have to add, besides Murdoch to whom we have already referred, the old Jesuit missionary Pere Lafitau, who says of the Labrador Eskimos, ‘They are tall, well built, and whiter than other savages. They allow their beards to grow, and have curly hair which they cut below the ears. Their hair is almost always black, but a few have light-colored hair (Fr. blonds), and some red hair (Fr. roux), like the people of Northern Europe.

Mr. Stefansson first encountered the Copper Eskimos at Cape Bexley, in Dolphin and Union Strait. Even there, he says, he had noticed a certain peculiarity in some of the natives, a certain lightness in the color of the moustache and beard that he had never observed farther west. But it was only when he crossed the strait and met the Hanerak and Puivlik groups of southwestern Victoria Island that he became fully conscious of the change. ‘We had been told by our guide,’ he says, ‘that we should find the Victoria Islanders of a light complexion, with fair beards, but still we were not prepared for what we saw…. Here (in Victoria Island) are men with abundant three-inch-long beards, a light brown in their outer parts, but darker towards the middle of the chin. The faces and proportions of the body remind of ‘stocky,’ sunburned, but naturally fair Scandinavians.’ Mr. Stefansson finally sums up the physical characteristics of the Copper Eskimos as follows: ‘Of something less than a thousand persons, ten or more have blue eyes … some of the men eradicate their beards … but of those who have beards a good many have light brown ones; no one seen has light hair of the golden Scandinavian type, but some have dark-brown and rusty-red hair, the redness being usually more pronounced on the forehead than on the back of the head, and perhaps half the entire population have eyebrows ranging from a dark brown to a light brown or nearly white. A few have curly hair.’ Mr. Stefansson then compares the form of head of the Copper Eskimos with that of the Eskimos in other regions, and comes to the conclusion, (1) that the Copper Eskimos show clear evidences of hybridism, and (2) that their European-like appearance is most easily explained by the theory that they have European blood in their veins, for which the old Scandinavian colony in Greenland furnishes the only explanation.”

genetic studies don’t seem to back this idea up: DNA tests debunk blond Inuit legend.
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chinese clans again:

“Ideology, vested interests: Why China’s reforms have hit brick wall”
“By Willy Lam, Special to CNN
“November 16, 2012

“[W]hile aspects of the economy are being integrated with the global marketplace, about 120 yangqi or centrally-held enterprises will continue to enjoy monopolies over key sectors, ranging from oil and gas to banking and telecommunications.

“Moreover, an unprecedented number of the spouses and children of party elders have gone into business. Some have become the yangqi’s senior managers. Even more have used their sterling political connections to start highly successful private businesses in lucrative areas such as finance and real estate. These so-called ‘red capitalists’ are evenly represented by members of the party major factions.

“Critics of the government do not seem to be exaggerating when they say that 100 or so of the biggest clans that represent the country’s ‘red aristocracy’ control the largest chunk of the economy.

“The official China Daily has reported that the top 1% of Chinese families owns 41.4% of the nation’s wealth….”

previously: the return of chinese clans and the return of the return of chinese clans and the problem with china

(note: comments do not require an email. dreamed i was an eskimo….)

in “Culture of Honor,” nisbett and cohen argued that the scots-irish of appalachia are more violent than, say, yankees ’cause of their … you guessed it … culture of honor.

*sigh*

this article [opens pdf] has a good description of what nisbett and cohen found when they researched the flying-off-the-handle-ness of southerners vs. northerers:

“Their laboratory experiments are most relevant to our argument here. Cohen and Nisbett recruited subjects with Northern and Southern backgrounds from the University of Michigan student body, ostensibly to work on an psychological task dealing with perception. During the experiment, a confederate bumped some subjects and muttered ‘asshole’ at them. Cortisol (a stress hormone) and testosterone (rises in preparation for violence) were measured before and after the insult. Insulted Southerners showed big jumps in both cortisol and testosterone compared to uninsulted Southerners and insulted Northerners. The difference in psychological and physiological responses to insults was manifest in behavior. Nisbett and Cohen recruited a 6’3” 250 lb (190 cm, 115 kg) American style football player whose task was to walk down the middle of a narrow hall as subjects came the other direction. The experimenters measured how close subjects came to the football player before stepping aside. Northerners stepped aside at around 6 feet regardless of whether they had been insulted. Un-insulted Southerners stepped aside at an average distance of 9 feet, whereas insulted Southerners approached to an average of about 3 feet. Polite but prepared to be violent, un-insulted Southerners take more care, presumably because they attribute a sense of honor to the football player and are normally respectful of others’ honor. When their honor is challenged, they are prepared and willing to challenge someone at considerable risk to their own safety.”

sooooooooo, they found a biological response in the southerners who were insulted and concluded that the cause of that biological response was … culture. ooooh-kaaaaay.

-OR-

how about southerners are, for whatever evolutionary reasons, somewhat different biologically-speaking than northerners and they, therefore, respond differently biologically to insults. and that, taken collectively, the way all these southerners behave — innately — amounts to their culture.

seems kinda obvious, don’t it?

so what is the evolutionary history of the good folks down in appalachia? we know that they come from the anglo-scottish border areas. what were (are) those people like?

clannish. probably practiced some sort of inbreeding throughout the medieval period — unlike the english, whose descendents became the more chilled yankees in the new world.

and war-ish. for hundreds of years. or, battle-ish anyway:

Border Reivers were raiders along the Anglo–Scottish border from the late 13th century to the beginning of the 17th century…. The border families can be referred to as clans, as the Scots themselves appear to have used both terms interchangeably until the 19th century…. Other terms were also used to describe the Border families, such as the ‘Riding Surnames’ and the ‘Graynes’ thereof…. Both Border Graynes and Highland septs however, had the essential feature of patriarchal leadership by the chief of the name, and had territories in which most of their kindred lived…. Although feudalism existed, tribal loyalty was much more important and this is what distinguished the Borderers from other lowland Scots.

“culture” of honor? gimme a break!

footnote: one of the major anglo-saxon border clans is the clan nesbitt. heh! (^_^)

previously: outbreeding, self-control and lethal violence and which came first?

(note: comments do not require an email. reivers!)

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