Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' — John Shaqi
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
In winter the cattle came down into the lowlands and grazed on the
pastures near the tyddyns or homesteads of the tref, and as each of these
had its corn and cattle-yard,[44] we may conclude that each owner penned
in his own cattle at night during the winter months or joined with some
other tribesmen who had a homestead in doing so. The rules as to the
divisions of the tyddyns probably referred to these winter homesteads so
held in quasi-severalty.
We need not dwell upon the common _oven_. Every hamlet in Brittany
possesses its common oven to this day, often in the middle of the village
green. Nor need we more than mention the common plough, to the team of
which the tribesmen contributed oxen for the _cyvar_ or common ploughing
of the portion of the waste agreed upon for each year’s corn crop.
[Sidenote: The trefgordd the unit for food rents. The tribesmen could be
shifted about.]
The attempt to realise what this practical unit--the trefgordd--was, will
not be thrown away if it should help us to understand how easily it lent
itself to the arrangement of the chieftain’s food-rents or tribute in
after-times of taxation. Granted that some such system of trefgordds or
clusters of trefgordds pretty generally prevailed, having grown up as a
matter of convenience in a grazing community, it is obvious how easily it
might become the unit of tribute or taxation. Just as in the Domesday
Survey the number of ploughs affords such a unit, so in a tribal
community a district might easily be fiscally estimated at so many herds,
or so many churns, or so many ploughs. All these would mean so many
trefgordds. And whatever the relations of the trefgordd to the villata
of the surveys might be, and however much or often the actual residents,
with their herds, might be shifted from one district to another, the
district, as in the Denbigh Extent, would remain the permanent unit for
payments.
[Sidenote: The _firma unius noctis_. Afterwards commuted into money
payments.]
In the early stages of tribal life, when the chieftain of the tribe moved
from one district to another and received his food-rents in the actual
form of ‘the night’s entertainment,’ each customary place of encampment
in his annual progress would become the centre at which the food-rents
would be paid and services rendered for as many nights’ entertainment as
his accustomed stay in the place. In later stages, when the chieftain’s
dues were commuted into money, the ‘tunc pound’ in lieu of food-rents
easily became, as we find it in the surveys, a charge on the district
rather than on the shifting tribesmen and their herds.
Public-domain text, read in full here on John Shaqi.
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