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
It will be enough, however, to refer the reader to the interesting
chapter on ‘The Kin’ in the second volume of Mr. Robertson’s ‘Scotland
under her early Kings,’ in which he alludes to ‘the words in which the
Northern St. Margaret is supposed to have formally renounced her kindred
(“al my Kun I forsake to the nithe Kne”), and to the “nine degrees of
kindred” within which all connected with the Earl of Fife might claim the
privileges of the Clan Mac Duff.
And after what we have seen of the way in which the Norse _leysing_ rose
by steps of four generations into increasing freedom as a kindred grew
up around him, it may be worth while to recall attention once more to
the reverse process by which the _nativus_ or _villanus_ under later law
became attached to the land.
[Sidenote: The fourth generation fixes the status of _nativi_.]
Among the fragments of Scotch laws collected under the heading ‘Quoniam
attachiamenta’[209] is the clause ‘_De brevi de nativis_’ which may be
translated as follows:--
There are different kinds of _nativi_ or bondmen. For some are
_nativi de avo et proavo_ which is vulgarly called _de evo
et trevo_, whom he [the lord] will claim to be his _nativi_
naturally, by beginning to narrate their ancestors, if
their names are known, to wit, of his _great-grandfather_,
_grandfather_, and _father_, who are convicted by his saying that
they all are his _nativi_ in such and such a villa of his, and in
a certain place within the said villa on servile land, and that
they rendered and did to him and his ancestors servile service
for many days and years, and this “nativitas,” or bondage, can
be proved through the parents of the convicted one, if they are
alive, or _per bonam assisam_.
Likewise, there is another kind of bondage, similar to this,
where some stranger shall have taken some servile land from some
lord doing servile service for the same land, and if he die
on the same land, and his son likewise, and afterwards _his_
son shall have lived and died on the same land, then all his
posterity [_i.e._ his great-grandsons] shall be at the fourth
grade altogether in servile condition to his lord, and his whole
posterity can be proved in the same way.
There is a third kind of _nativitas_, or bondage, where some
freeman, _pro dominio habendo vel manutenencia_ [_i.e._ for
protection or maintenance] from some magnate, gives himself up to
that lord as his _nativus_ or _bondman_ in his court by the front
hair of his head (_per crines anteriores capitis sui_).
Whatever may have been the date and origin of these remarkable clauses,
they are valuable as showing how tribal tradition became hardened in
course of time into Feudal law, and how, the transition from tribal to
Feudal principles having been accomplished, what is known everywhere by
the name of ‘serfdom,’ became domiciled in Scotland.
[Illustration]
CHAPTER X.
Public-domain text, read in full here on John Shaqi.
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