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
Nor in the case of the odalborn man any more than in the case of the
leysing must we look upon the odalman or hauld merely as a detached
individual landowner owning his own separate estate like a modern country
squire. Such a conception would be far indeed from the truth. It must
be remembered that holdings in odal were subject to rules of division.
Moreover, indications appear in the laws that the division was not merely
one between the heirs of a single holder, but something more like what
took place between the group of kinsmen in the case of the Cymric gwely
and ‘_tir gueliauc_.’ How otherwise can this clause be read?
_Um óðals iarðer._ Nú scal þær iarðer telia er óðrlom scolo
fylgia. Sú er ein er ave hefir ava leift. Sú er önnur er gollden
er í mannsgiölld … þær scolo óðrlom fylgia, oc allar þær er í
óðals skipti hava komet með bræðrom oc með frændom þeim [_sic_].
Allar aðrar aurum.
(G. 270.) _Of odal lands._ Now the lands shall be told which _are
odal_. One is that left by grandfather to grandfather. Another
is that paid as wergeld.… These shall be odal and all those
_which have come under odal division between brothers and their
kinsmen_. All other lands shall be counted _aurar_ [money].
[Sidenote: The odal-sharers must consent to a sale of odal land.]
At the time of the laws owners of odal had, it appears, certain powers of
selling their odal, but even then it was not an uncontrolled right of a
man to do what he would with his own. His first act must be to ‘go to the
“thing” in autumn and offer it to his _odal-sharers_’ (_odalsnautr_, one
who has odal-right to land in common with others). (G. 276.)
If a man buys without its having been thus offered, then ‘the
odal-sharers may break that bargain’ (G. 277). Even when the sale and
purchase have been made by the public ceremony of _skeyting_, _i.e._ by
taking earth from the four corners of the hearth and from under the ‘high
seat,’ and where field and meadow meet, and with witnesses at the ‘thing’
(G. 292), the _odal-sharers_ of the seller have the right to redeem it
within a twelvemonth (G. 278).
[Sidenote: The odal-sharers have rights to keep it in the family and to
prevent its passing to females.]
Take, again, the case of two brothers dividing odal, and observe how
careful law and custom had been to prevent either of the odal-shares
going out of the family. The odal rights between them were maintained
for as many generations as must pass before the shares could be united
again by a lawful marriage between a son of one family and a daughter of
the other (G. 282). One is tempted to say that here again there may be
something very much like the Cymric gwely and to suppose that marriage
was forbidden within the gwely, _e.g._ between second cousins, and that
the odal sharing continued so long as the gwely held together.
Public-domain text, read in full here on John Shaqi.
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