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
[Sidenote: The geographical unit for food rents.]
The structure of tribal society in Wales is one thing. The practical
working of its rules is another. Until we can to some extent realise its
methods and see how its results could be worked out in everyday life, it
must remain to some extent vague and mysterious. The nearer we get to its
core, the greater its value as an instrument in further research.
We cannot, therefore, afford to disregard any hints that the Codes and
surveys may give us, attention to which would help us to realise its
methods or ways of working.
[Sidenote: Districts called _villatæ_.]
The Denbigh Extent, as already said, enables us to realise that, on
the English conquest, the lordship of Denbigh was divided into grazing
districts which had become the units of tribal food-rents, and which were
adopted for purposes of future taxation. These districts were called
by the scribes _villatæ_, and were occupied by gwelys of tribesmen and
sometimes also by gwelys of non-tribesmen. Their homesteads or huts were
occupied in severalty. Their grazing rights were undivided common rights,
and within each gwely the rights of families and individuals were also
undivided common rights.
Further, the Denbigh Extent shows how easy it was to shift the whole
body of tribesmen of this or that gwely, with its herds, from one
district to another, according to convenience or the needs of population,
without disturbing the complex rights within the gwely. The families and
individuals carried their rights, _inter se_, with them wherever they
and their herds might go, and were liable to pay the dues required from
whatever villata for the time being might be occupied by them.
Even the homesteads of the tribesmen seem to have been temporary, in the
light of the description given by Giraldus Cambrensis. They could carry
their hearth-stones with them wherever they went, so that the result
seems to be that the groups of kindreds could always have been easily
shifted about, as they were in fact after the English conquest, from one
district or ‘villata’ to another. The geographical divisions thus became
the permanent fiscal units in tribal arrangements. Both in the surveys
and in the Codes we find the villata or district, and not the family
group, the fixed unit for tribal food-rents to the chieftain, and for
taxation after the English conquest.
[Sidenote: The ‘tref’ or ‘maenol’ paying the ‘tunc pound.’]
The surveys so far agree with the Codes. The _villata_ of the surveys was
the taxable unit, and in some cases still paid the tunc pound (or 20_s._)
in lieu of the chieftain’s food-rents. In other cases escheats and other
causes had varied the amount. In the Codes of South Wales the unit for
the tunc pound was the _tref_, and in the Venedotian Code of North Wales
the _maenol_ of four trefs.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account