Page:Native Tribes of South-East Australia.djvu/314

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288
NATIVE TRIBES OF SOUTH-EAST AUSTRALIA
CH.

they differ materially in some of the later clauses, and these differences are interesting in their bearing on the question now under discussion. In order to bring this out clearly, I shall state concisely the provision of the law as it stands in the "Lex Salica Reformata," and then the version in the "Pactus Legis Salicae Antiquior."

When a man desired to marry a widow he was required to take certain procedure before the Tunginus or the Centenarius.[1]

This was to be done at a public assembly, and, no objection being raised, three solidi and one denarius were paid to the person entitled to receive them as the "bride-price." Rules are then laid down as to which person is entitled to receive this payment. In the note to this law in the Pactus there is a convenient diagram, of which I avail myself to explain the points which I desire to make. But to adapt it to my purpose I have rearranged the order of the persons referred to, and I have numbered them for convenient reference.

Diagram XXVIII

I. Avunculus 2. Mater 3. Soror viduae viduae iiiatris viduae I I . Frater 5. Vidua 6. Soror 7. Consobrina mariti viduae prions 8. Maritus I prior I . Nepos...io. Neptis 11. Filius filius, I senior | . Filius senior

The following is the sequence in which the right to the Reippus runs consecutively:—

1. The nephew (9), being the eldest son of the widow's sister (6).

2. The eldest son (12) of the daughter (10) of the widow's sister (6).

3. The son (11) of the female cousin (7) of the widow on the mother's side.

  1. Canciani, vol. ii. p. 86. Eccard speaks of the Centenarii as "minores judices."