Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' — John Shaqi
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
[Sidenote: The Cymric unit of landholding was the gwely.]
The chief fact revealed by the examination of the Extents and Surveys
of different parts of Wales made after the English conquest, taken
together with the Cymric Codes, was that the unit of society and of
land-occupation under Cymric tribal custom was not the individual, and
not the immediate family, but the group of kindred known as the ‘_Wele_’
or ‘_Gwely_.’
Such and such a Villata or District is described in the surveys as in
the occupation of the gwelys of so and so, the Latin word used for gwely
being ‘lectus’ or bed.
[Sidenote: The gwely was a family group of a great-grandfather and his
descendants.]
The form of society thus revealed was _patriarchal_ in the sense that
the common ancestor (generally conceived to be the great-grandfather)
during his life, and even after his death, was regarded as the head of
the _gwely_ or group of his descendants for three generations. In his
name as its head this family group occupied land and had grazing rights
over certain districts, sometimes alone, more often in common with other
family groups.
As to what is meant by land ownership in the full modern sense, the
question may not have arisen, or it might have come in gradually sooner
or later, as agriculture came more and more into prominence. What
property, strictly speaking, the tribesmen owned consisted mainly of
herds of cattle.
Naturally, therefore, what rights over land they may have had were mainly
rights of occupation and grazing in certain districts for their herds.
Their agriculture was secondary, and consisted of the right to plough up
such portions of the waste or common pasture as year by year might be
required for their corn crop. All that need be said at this moment about
their agriculture is that it was an open field husbandry, the result of
the co-ploughing of a common plough-team normally of 8 oxen, the joint
contribution of several tribesmen.
[Sidenote: The young tribesman is dependent on the chief, not on his
father. The tribesmen recover their _da_ or cattle from him as their
chief for their maintenance.]
Public-domain text, read in full here on John Shaqi.
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