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
Let us take a hypothetical case in which the gwely of X is described by
the surveyor as holding an undivided share of the rights of pasture,
&c., in a particular villata or in several villatæ; and assume that,
according to the record, the internal divisions of the gwely followed the
family division of the descendants of X, as in the following table. Then,
applying the rules of the clauses as to _tir gwelyauc_, let us see how it
would work out in the hypothetical case stated.
X, Great-Grandfather _deceased_
|
+--------------+---------------+
| |
Son A Son B
| |
+------+------+ +-----------+--------+
| | | | |
Grandson Aᵃ Aᵇ Bᵃ Bᵇ Bᶜ
| | | | |
| +---+---+ +--+--+ +---+---+ |
G. Grandson | | | | | | | |
Aᵃᵃ Aᵇᵃ Aᵇᵇ Bᵃᵃ Bᵃᵇ Bᵇᵃ Bᵇᵇ Bᵇᶜ Bᶜᵃ
Now let us suppose that X (the great-grandfather, from whom the gwely is
called the gwely of X) is dead. While his sons A and B are alive they
share equally in the grazing and other rights. When A is dead and so long
as B is alive no change is made except that A’s two sons share equally
their father’s right to which, in the phrase of the codes, they have
‘ascended.’ B at length dies. There are five grandsons, first cousins,
who have a right to share in the rights of the gwely of X _per capita_.
There is now therefore a rearrangement after which A’s sons share and
hold jointly only 2-5ths, while B’s three sons hold jointly 3-5ths.
Equality _per capita_ among grandsons has now been effected. But the
gwely goes on. It cannot be broken up because in another generation the
great-grandsons may require a fresh division.
[Sidenote: The process is a continuous one.]
Next let us see what happens when all the grandsons are dead and the
final division _per capita_ takes place. There are nine great-grandsons.
Is the gwely of X now to be divided into nine new gwelys? Certainly not.
The grandsons of A are entitled to 3-9ths only, and this they divide
_per capita_, being first cousins; one family takes 1-3rd and the other
2-3rds. The portion which has fallen to them of family rights in the
gwely of X has become a separate gwely, called either the gwely of A or,
as we sometimes find in the Denbigh Survey, the ‘gwely of the grandsons
of A’--‘_gwely weiryon A_.’ The other portion has become either the gwely
of B or the gwely of the grandsons of B--‘_gwely weiryon B_.’
The grandsons of B, being first cousins, have of course redivided their
6/9ths equally _per capita_, and the internal rights of the gwely of the
grandsons of B are
Bᵃ’s two children have 2/6ths. }
Bᵇ’s three children have 3/6ths. } of 6/9ths.
Bᶜ’s one son has 1/6th. }
Public-domain text, read in full here on John Shaqi.
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