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
Following again the clue of the statements of the ‘personal right’ of the
different classes, and commencing with the _bónde_ or ordinary freeman
settled upon land and presumably having in some sense, as in Wales,
originally tribal rights to share in the land or its use, the next class
which claims attention above the bónde is the _odalman_ or odalborn man
or hauld, whose wergeld of 96 or 100 cows was taken as that of the full
and typical freeman.
Now, in the Frostathing law there is a statement as follows:--
Engum manni verðr iörð at óðali fyrr en .iij. langfeðr hafa
átt, oc kemr undir hinn .iiij. samfleytt.
(XII. 4.) No man’s land becomes an odal to him until _three
forefathers_ have owned it and it falls to the fourth in unbroken
succession.
And again in the Gulathing law is the following:--
Nu scal þær iarðer telia er óðrlom scolo fylgia. Sú er ein er ave
hever ava leift.
(270.) Now shall the lands be told that are odal. The first is
the one which _grandfather_ has left to _grandfather_.
[Sidenote: His grandfather’s grandfather had the land.]
The odalborn man inherits land from his grandfather’s grandfather. The
son of an odalman who claims odal as odal by inheritance counts four or
five forefathers who had the land before him.
In Gulathing law c. 266 is a description of the mode of settling a claim
as to land. It describes the sitting of the open-air court, from which
both bauggildsmen and nefgildsmen and relations by marriage of the
claimant are excluded as ineligible, the calling of witnesses all to be
odalborn men of the same fylki as that in which the land lies, and so
on. The validity of the claim is made to rest according to this statement
upon the ability to count up _five forefathers who have possessed that
land, while the sixth possessed it both by ownership and by odal_.
Þeir scolo telia til langfeðra sinna .v. er átt hava, en sá
hinn sétti er bæðe átte at eign oc at óðrle.
(266.) They [the men who claim odal] shall count five of their
forefathers who have owned [the land] and the sixth having it
both in ownership and odal.
[Sidenote: The odalmen were of full kindred on the land.]
If, then, at the time of the laws we look at the class of landowners
who were prominent as odalmen or haulds--typical men with wergelds
originally of 100 cows--they were not only men of full _kindred_ whose
full pedigree of freedom went back the necessary nine generations, but
their grandfather’s grandfather must have possessed the land. The sixth
generation of owners were the first to hold land _both in ownership and
odal_.
The steps in the rank of Norse aristocracy were marked, therefore, as in
the case of the more dependent class, by the number of the generations of
ancestors through whom they could claim their landed rights.
[Sidenote: The odal land was held by a family and subject to family
divisions.]
Public-domain text, read in full here on John Shaqi.
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