Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
So far the conclusions drawn from the laws respecting the leysing do not
vary much from the views expounded by Dr. Konrad von Maurer in his ‘Die
Freigelassenen nach altnorwegischem Rechte,’ and confirmed by so great an
authority they can hardly have wandered very far from the truth.
The theory of this gradual growth of the kindred of the leysing is so
nearly analogous to that of the Cymric alltud, and the Irish fuidhir, and
at the same time so logical, when the tribal theory of blood-relationship
is applied to it, that we cannot be dealing with the fanciful theory of
legal enthusiasts which never had an actual place in practical life.
Behind all this imperfect description, in the laws, of social conditions
and landholding there was, no doubt, a reality, the features of which may
be difficult to grasp from our modern point of view, but which become, I
think, fairly intelligible when approached from a tribal point of view.
[Sidenote: The leysings have become a family group, and the descendants
of the master also.]
When we consider that in the course of the successive generations, during
which some kind of shadowy lordship seems to have prevailed over the
family of leysings, they must generally have multiplied into considerable
numbers, and that the descendants of the master of the leysing ‘who
made freedom ale’ must during the same period also have multiplied; and
further when we consider that the descendants of the leysing were in
some sense, it would seem, _adscripti glebæ_, we have to recognise not
merely a relation between individuals but something approaching to a
relation between two classes, tribesmen and non-tribesmen, the one in
some sense in a kind of servitude to the other. In other words, we have
to conceive of a kindred of half-free tenants, living under the joint
shadowy lordship of a kindred of fully-free men, probably in some tribal
sense landowners, with complicated tribal rights among themselves.
It would seem that this semi-subject class of leysings were mostly the
descendants of a class of thralls, it may be perhaps in origin some
conquered race, members of which had gradually grown into leysings and
were now gradually in successive stages growing into freemen.
Before we can fully understand this process we must examine the other
side of the question and learn what was the position of the fully-free
class by whom this more or less shadowy lordship over the leysing class
was exercised. In the meantime it may be remarked that the shadowy
lordship of one class or tribe over another finds parallels enough
in Indian experience, and that, coming nearer home, we have only to
remember the petty exactions of the cadets of French noble families upon
a peasantry over whom their family, or the feudal head of it, held a
quasi-manorial lordship.
IV. THE CLASSES OF FREE MEN AND THEIR RELATION TO LAND.
[Sidenote: The odalman or hauld.]
Public-domain text, read in full here on John Shaqi.
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