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
After all that has been said, traditions and perhaps actual examples of
the individual ownership of the ‘Romanus possessor,’ and, still more
likely, actual experience of the Roman type of landed estates, may have
survived in Britain from the period of the Roman occupation, and the
Anglo-Saxon settlers may easily have been influenced in the matter of
landholding by what as conquerors they came to supplant. But they can
hardly have wholly cast off their own tribal traditions and instincts.
The continued payment and receipt of wergelds show that they did not.
Even, to take an extreme case, if they came to Britain as single settlers
having left their kinsmen behind them, still kindreds would gradually
grow up around their descendants in the new country. And tribal custom
left to itself would give to them landed rights, quite different from
those of the individual owner. But the interval, apart from other outside
influences, may well have subjected tribal custom to a strain.
From the point of view of this interval it may not be unreasonable to
revert to the clauses of King Alfred’s laws on ‘kinless men’ and the
Norman precedent, that the king was to take the place of the missing
maternal kindred and of advocate for a Norman if he had no other.[322]
Unless, therefore, the twelve-hynde settler was surrounded by a full
kindred in the new country, he must, according to his own tribal custom,
have found himself much more of an individual than he was used to be, and
therefore more dependent upon the protection of his chieftain or king.
We must not, on the one hand, conceive of the twelve-hynde settler
as having all at once adopted the independent position of the Roman
‘possessor,’ though circumstances may have sometimes severed him as
completely from his ‘parentilla’ as the ceremony of the Salic law.
Nor can we, on the other hand, conceive of him always as a tribesman
surrounded by his kindred. He may evidently, on the one hand, be released
from many of the trammels involved in membership of a kindred, but, on
the other hand, he is thrown more than ever under conditions of service
to the king.
[Sidenote: Service under tribal custom not degrading. But the ties of
kindred involved restraint on individual action.]
Let us for a moment revert to the tribal conception of these trammels and
services. They did not always involve degradation of social condition.
They often, as we have seen, were the mark of the attainment of a higher
position.
[Sidenote: The Norse odalman a sharer in the odal, with duties to his
kindred.]
Public-domain text, read in full here on John Shaqi.
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