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
Now, as in the surveys the family groups or gwelys were located so as
to occupy sometimes several villatæ, and sometimes undivided shares in
villatæ along with others, so, if we may take the villata of the surveys
as equivalent to the tref or maenol of the Codes, we must expect to find
that the kindreds of tribesmen at the period of the Codes were scattered
in the same way over the trefs and maenols. And, as the maenol was a
group of trefs, the _tref_ is the unit of tribal occupation as to which a
clear understanding is most necessary. In this, however, we may be, after
all, only partly successful.
The word _tref_, though generally used for a homestead or hamlet, seems
from its other meanings to involve the idea of a _group_.
[Sidenote: The tref and its ‘randirs.’]
There were cases in which a disputed matter of fact had to be established
upon the evidence of men of the _gorvotref_, _i.e._ by men of the
groups outside the tref in which the question in dispute arose.[30] And
this _gorvotref_ was not merely the next adjoining tref or trefs, but
it consisted of those _randirs_ or divisions of neighbouring trefs of
uchelwrs, or tribesmen, whose boundaries touched the tref in which the
disputed facts arose. Neighbouring randirs of taeog trefs, _i.e._ the
trefs of non-tribesmen, were excluded, presumably because the testimony
of taeogs in matters relating to tribesmen was not relied on. But this
compound of the word tref implies that its general sense was a group of
homesteads. That, in general, trefs had defined boundaries, is clear from
the fact that it was an offence to break them, and this applied also to
the randirs or divisions of the tref.[31]
[Sidenote: The trefgordd of one herd and one plough.]
Speaking, then, of the group generally known as a tref, we must regard
it, not only as a taxable area, but also as the natural group known
everywhere as a _trefgordd_, _i.e._ the natural group of the homesteads
of relatives or neighbours acting together as a single community as
regards their cattle and their ploughing.
The typical lawful _trefgordd_ is thus described:--
This is the complement of a lawful _trefgordd_: nine houses and
one plough and one oven (odyn) and one churn (_gordd_) and one
cat and one cock and one bull and one herdsman.[32]
There is another passage which mentions the nine buildings in the tref.
These persons do not forfeit life.…
The necessitous for the theft of food after he has traversed
three trevs, and nine houses in each trev, without obtaining a
gift though asked for.[33]
Public-domain text, read in full here on John Shaqi.
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