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
Thus, without pressing analogies too far, there may be a root of tribal
custom discernible even in the system of settling geburs on yardlands.
Something very much like it was followed on the Continent under Roman
usage. But the case of the veteran to whom a pair of oxen with seed of
two kinds was given as his outfit only partly resembled the case of the
gebur. In the case of the gebur the outfit of oxen remained in theory the
property of the lord, and returned to him on the death of the tenant.
This was the essential point which created the semi-servile tenancy.
With the homestead went the ‘setene’ or outfit and the corresponding
obligation not only of gafol but also of week-work, and out of the
peculiar relation so established may have grown up in West Wales, as
in Wales itself and Ireland, very easily the doctrine that after its
continuance for four generations the tenant became _adscriptus glebæ_.
The allotment of stock by the Irish chieftain formed, as we have seen, in
a cattle-breeding rather than an agricultural community the traditional
tie between himself and his tenants, whether tribesmen or strangers. The
Cymric chieftain of a kindred followed very nearly the same traditional
practice when he gave to the young tribesman on his attaining the age of
fourteen his _da_ (or allotment of cattle) for his maintenance, thereby
establishing the relation of ‘man and kin’ between him and the chief.
The same tribal principles were, moreover, applied to strangers both in
Ireland and Wales. The Irish ‘fuidhir’ thus settled on the chieftain’s
land became, as we have seen, after four generations _adscriptus glebæ_,
and so did the _Aillt_ or _Alltud_ settled on the Cymric chieftain’s
land. And the same number of generations attached the _nativus_ to the
land under early Scotch law.
Now, if under tribal usage this was so, it need not be surprising that
in the newly conquered districts of West Wales or more generally in
Wessex at the time of King Ine, when the extension of agriculture was an
immediate necessity, something like the same traditional system should
continue or come again naturally into use, producing something like the
same kind of dependence of one class upon the other.
[Sidenote: This system of settlement very general.]
It is necessary to point out that this method of settling tenants on
yardlands with an outfit of a pair of oxen &c. was more or less general,
because doubts have been recently thrown upon it. Its prevalence as a
custom does not rest entirely on the evidence of the ‘Rectitudines’ but
on several incidental mentions of it in various and distant quarters.
[Sidenote: Kent.]
For instance, in the will of a reeve named Abba of Kent (about A.D.
833)[271] is the gift of a ‘half swulung’--_i.e._ what elsewhere would
have been described as a half hide--and with that land were to go four
oxen, two cows, and fifty sheep, that is two oxen and one cow and
twenty-five sheep to each _gioc_ or yardland.
[Sidenote: Glastonbury.]
Public-domain text, read in full here on John Shaqi.
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