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
So, in case of fire from negligence in a tref, the holder of the house
in which it arose was to pay for the damage to the next houses on each
side if they took fire.[34] And again no indemnity was to be paid to the
owners in a trefgordd for damages from the fire of a smithy if covered
with shingles or tiles or sods, nor from the fire of a bath, provided
always that the smithy and the bath were at least seven fathoms from the
other houses in the trefgordd.[35]
[Sidenote: Not always of one gwely only.]
The description above quoted of the normal trefgordd suggests that the
herd under the one herdsman did not belong to one person or homestead,
but to many; and so far it seems to be consistent with the surveys which
represent the villatæ as occupied by the cattle of several family groups
who had grazing rights therein.
And this, too, accords with what the Denbigh Extent tells us of the
individual tribesmen, viz. that only some of them had homesteads.
So-and-so ‘habet domum’ or ‘non habet domum.’[36] The young tribesman
with his _da_ thus may have joined in a common homestead with some one
else--probably with his parents or near relatives.
Distinguishing, then, the tref as a taxable area from the trefgordd, and
still confining attention to the trefgordd as a cluster of homesteads
united for the practical purpose of occupation, let us recur to the
things which bound the trefgordd into one group, viz. the one plough, the
one oven, the one churn, the one bull, and the one herdsman.
Here are the two elements combined of pastoral and agricultural
co-operation, and the trefgordd is the local and physical unit of this
co-operation.
[Sidenote: The unit of co-operative dairy farming. The common herdsman
and his dog.]
Taking first the pastoral element, the trefgordd was a working unit
of co-operative dairy-farming. The cattle of several households or
individuals were put together in a common herd with a common bull and
under the care of a common herdsman (bugeil) and his dog. It may be
regarded as a group of the homesteads of the persons in charge of such a
herd, and the tribesmen of a gwely may have cattle in the herds of more
than one trefgordd.
Three things were ‘ornamental’ to a trefgordd, ‘a book, a teacher versed
in song, and a smith (gov) in his smithy;’ but a trefgordd herdsman was
an ‘indispensable’ of the _hendrev_,[37] and, when engaged with his herd
in summer on the mountain, _his_ ‘three indispensables’ were ‘a bothy,
his herdsman’s dog, and a knife;’ and the three indispensables of his
bothy were a roof-tree, roof-supporting forks, and wattling, and he was
at liberty to cut them in any wild wood he pleased.[38]
So far, then, as the pastoral element was concerned, the trefgordd was
occupied by a little group of tribesmen engaged in dairy-farming having
charge of cattle in a common herd, with a common bull, and under the care
of a common herdsman and his dog.
[Sidenote: The herd of 24 kine.]
Public-domain text, read in full here on John Shaqi.
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