Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
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
Returning to the gwely, we find that when a child was born into it,
whether boy or girl, it was formally acknowledged by the kindred. It
remained ‘at the father’s platter’ to a certain age (generally 14), and
then the father ceased to be responsible. The boy at 14 became the ‘man
and kin’ of the chieftain of the family group, or it might be of the
higher kindred embracing several of the gwelys. From that moment the
boy obtained by ‘kin and descent’ a tribesman’s right of maintenance.
That is to say, he received from the chieftain his _da_, probably in
the form of an allotment of cattle,[21] and with it the right to join
in the co-ploughing of the waste. He became thus a tribesman on his own
hook, apart from his father. So that the unit of society was not simply
the family in the modern sense of a parent and his children, but the
wider kindred of the gwely or the group of related gwelys headed by the
chieftain who provided the _da_.
II. THE CONSTITUTION AND WORKING OF THE GWELY.
Now, as the gwely was the unit of land-occupation, it is worth while to
try to realise a little further what it was and how it worked.
[Sidenote: The simplest form of the gwely. The landed rights vested in
the chief, and he gives cattle out of the common herd to tribesmen for
their maintenance.]
Viewed in its simplest, and perhaps original form, it was a family
group of four generations, the landed rights of which were vested in the
great-grandfather as its chieftain.
The tribesmen, his descendants, had only rights of maintenance. By right
of ‘kin and descent’ they had received their _da_ from the chieftain. The
flocks and herds of the chieftain were the common stock out of which the
_da_ had been given, and there is reason to believe that under earlier
custom, on the death of a tribesman, his _da_ went back into the common
stock of the chieftain.
[Sidenote: Probably at first no succession by representation on a
tribesman’s death. But in the codes a _peculium_ admitted which went to
children.]
At the date of the codes it did so when the tribesman died _without
issue_. But in the codes a _peculium_ of private property of which the
_da_ was the kernel is recognised and allowed to descend to a tribesman’s
children instead of falling into the common stock.
[Sidenote: A redivision takes place _per capita_ as each generation dies
off.]
When the great-grandfather died, the chieftainship, with the landed
rights and the herds, was divided between his sons, who as brothers thus
became chiefs of sub-gwelys. But the original gwely did not then break
up, because there would be a right of division _per capita_ when the
brothers were dead between first cousins, and when the first cousins were
dead between second cousins.
Public-domain text, read in full here on John Shaqi.
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