The English Village Community: Examined in its Relations to the Manorial and Tribal Systems and to the Common or Open Field System of Husbandry; An Essay in Economic History (Reprinted from the Fourth Edition)Seebohm, Frederic
History
The English Village Community: Examined in its Relations to the Manorial and Tribal Systems and to the Common or Open Field System of Husbandry; An Essay in Economic History (Reprinted from the Fourth Edition)
Seebohm, Frederic
Village communities -- Great Britain
The Brehon laws of Ireland perhaps owe their form and origin to
the necessity of moulding the old traditional customs to the new
Christian standard of the ecclesiastics, under whose eye the
codification was made. So, also, the Welsh laws of Howell the Good,
and the Saxon laws of Ine and his successors, all reflect and bear
witness to this influence, and had been no doubt moulded by it into
softer forms than had once prevailed. At least the harshest thorns
which grew, we may guess, even rankly upon the tribal system, must,
we may be sure, have been already removed before our first view of
it. [p233]
In fact, nearly all the early codes, whether those of Ireland,
Wales, or England, or those of German tribes on the Continent, bear
marks of a Christian influence, either directly impressed upon
them by ecclesiastical authorship and authority, or indirectly
through contact with the Roman law, which itself in the later edicts
contained in the Codes of Theodosius and Justinian had undergone
evident modification in a Christian sense.
So far as the Welsh tribal system is concerned, it is quite clear
that whatever had been the influence upon it of direct Roman imperial
rule and early Christianity, it submitted to a second and fresh
influence in the tenth century.
This appears when we consider the avowed motives and object of Howell
the Good in making his code. Its preface recites that he 'found
the Cymry perverting the laws and customs, and therefore summoned
from every _cymwd_ of his kingdom six men practised in authority
and jurisprudence; and also the archbishop, bishops, abbots, and
priors, imploring grace and discernment for the king to amend the
laws and customs of Cymru.' It goes on to say that, 'by the advice
of these wise men, the king retained some of the old laws, others
he amended, others he abolished entirely, establishing new laws
in their place;' special pains being taken to guard against doing
anything 'in opposition to _the law of the Church_ or _the law of the
Emperor_.'[304]
Finally, it is stated in the same preface that Howell the Good went
to Rome to confirm his laws by papal [p234] authority, A.D. 914, and
died A.D. 940. It may be added that the reference to the 'law of the
Emperor' was no fiction, for '_Blegewryd_, Archdeacon of Llandav, was
the clerk, and he was a doctor in the law of the Emperor and in the
law of the Church.'
«The tribal division among male heirs survives these
influences.»
In connexion with this ecclesiastical influence there is a curious
exception which proves the rule, in the refusal of Howell the Good to
give up the tribal rule of equal division among sons, which lay at
the root of the tribal system, and to introduce in its place the law
of primogeniture.
Public-domain text, read in full here on John Shaqi.
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