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
The remarkable document which has been called ‘The Tribal Hidage,’ to the
meaning and date of which Mr. W. J. Corbett[269] has opened our eyes,
shows that forty or fifty years before the date of the Dooms of Ine the
whole of England then subject to the Anglo-Saxons was, as we should say,
rated in hides according to its tribes or mægthes, possibly for the
fiscal purposes of the Bretwaldaship. And it would seem likely that under
the common designation of hides pastoral as well as agricultural units
for food rents must have been included. This seems to be indicated by the
fact that the hides and virgates of the pastoral districts of West Wales
in the Exon Domesday book are many times greater than those of other
parts of England, and vary very much in area.
[Sidenote: In pastoral districts co-aration of the waste.]
In the pastoral or grazing districts recently conquered from West Wales
early tribal usage would be very likely to survive. And there may well
have been some continuity in the methods of tribal agriculture. Judging
from what we know from the Cymric Codes, there might not yet be permanent
division of the fields into strips and virgates but rather co-aration of
such portions of the waste each year as suited the requirements of the
tribesmen.
[Sidenote: The team of 8 oxen said not to be German.]
The open-field system of agriculture was in its main principles and
chief methods common to German and Celtic tribes. But we are told that
the Germans knew nothing of co-operative ploughing and the team of
eight oxen on which the agricultural hidage of England was so clearly
based. For the team of eight oxen we must go to the Cymric Codes and the
practice in the Isle of Man and Scotland. It was common to these Celtic
regions, even to its details--the yoke of four oxen abreast and the
driver walking backwards in front of the team.[270] In such a matter as
the method of ploughing there may well have been continuity.
We seem to see in the Laws of Ine the process going on of transition from
the tribal form of the open-field system--the co-aration of the waste--to
the more fixed forms of settled and permanent agriculture.
[Sidenote: The allotment of stock and homestead by the lord to the gebur
was the basis of the tenancy.]
Public-domain text, read in full here on John Shaqi.
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