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 ecclesiastical law says that no son is to have the
patrimony but the eldest born to the father by the married
wife: the law of Howell, however, adjudges it to the youngest
son as well as to the oldest, [i.e. all the sons] and decides
that sin of the father or his illegal act is not to be brought
against a son as to his patrimony.'[305]
And so tenaciously was this tribal rule adhered to that even Edward
I., after his conquest of Wales, was obliged for the sake of peace to
concede its continuance to the Welsh, insisting only that none but
lawful sons should share in the inheritance.[306]
The fixing of the gwestva dues, and their commutation into the
_tunc pound_ from every free trev, may well have been one of the
emendations needful to bring the Welsh laws into correspondence with
the 'law of the Emperor,' if it was not indeed the result of direct
Roman rule, under which the chiefs paid a fixed _tributum_ to the
Roman State, possibly founded on the tribal food-rent.[307] [p235]
«Early exactions and license on the part of the chiefs.»
The special Welsh laws which relieve the free trevs of 'family land'
from being under the _maer_ (or villicus) and _canchellor_, and from
_kylch_ (or progress), and from _dovraeth_ (or having the king's
officers quartered upon them), and even limit the right of the _maer_
and _canchellor_ to quarter on the taeogs to three times a year with
three followers, and their share in the royal dues from the taeogs to
one-third of the _dawnbwyds_,[308] look very much like restrictions
of old and oppressive customs resembling those prevalent in Ireland
in later times, made with the intention of bringing the tribesmen and
even the taeogs within the protection of rules similar to those in
the Theodosian Code protecting the coloni on Roman estates.
The probability, therefore, is that the picture drawn by Sir John
Davies of the lawless exactions of the Irish chieftain from the
tribesmen of his sept would apply also to early Welsh and British
chieftains before the influence of Christianity and later Roman law,
through the Church, had restrained their harshness, and limited their
originally wild and lawless exactions from the tribesmen. The legends
of the _Liber Landavensis_ contain stories of as wild and unbridled
license and cruelty on the part of Welsh chieftains as are recorded
in the ancient stories of the Irish tribes. And Cæsar records that
the chiefs of Gallic tribes had so oppressively exacted their dues
(probably food-rents), that they had reduced the smaller people
almost into the condition of slaves. [p236]
Public-domain text, read in full here on John Shaqi.
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