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 kindred of the aillts or strangers who settled upon a chieftain’s
land under Cymric custom was acknowledged in the fourth generation of
continued occupation, but at the moment a kindred was acknowledged its
members became _adscripti glebæ_. When the Irish fuidhir did the same
his descendants of the fourth generation found themselves not only
bound to the land, but also bound together by something like the rules
of the Cymric gwely, so that one of them could not sell or charge his
share without the consent of the others. We found the same thing in
Norway, where the rules for payment of the wergelds by relations were
more elaborate than anywhere else, and where the growth of kindred seems
so completely to have ruled the rise from one social grade to another,
till at last a man whose great-grandfather’s great-grandfather was a
freeborn landholder became an odaller. If at first sight we were to
picture the odalman to ourselves as an individual freeholder of Roman
or modern type we should soon find out our mistake when we learned that
if he wanted to sell his odal he must first _consult his odal-sharers_.
When examined closely the fact became evident that it was the _group of
kindred_ that by long settlement on the land had become odal, and that
the shares of individuals in the odal were subject--with, of course, many
differences--to some such tribal customs as those of the Cymric gwely.
The odalman was thus not a single isolated landowner. He was surrounded
by kindred odal like himself, reciprocally bound to fight for one another
and swear for one another, and to share in the payment or receipt of one
another’s wergeld. The odalman was protected by his kindred, but his
freedom of individual action was restricted by it.
[Sidenote: The Salic alod a family holding.]
So also under Salic law the joint inheritors of the alod on _terra
Salica_, with right of redivision between great-grandchildren _per
capita_, were in the same way trammelled, and when by a solemn public
form they released themselves from their obligations to their kindred
they relinquished also all rights of inheritance and protection (p. 134).
Are we to consider these Continental analogies to be without relevance to
Anglo-Saxon landholding?
Dr. Konrad von Maurer, in those masterly papers contributed in 1855 to
the ‘Kritische Ueberschau’ which are still so valuable, rightly lays
stress upon the power of the _kindred_ as the great rival of the power of
the _state_ in the development of Anglo-Saxon polity. We find but little
direct allusion to the kindred in the laws, it is true. But incidentally
and as it were by accident we have learned from passages mentioned in
their proper place that so late as the time of Athelstan there were
kindreds both twelve-hynde and twy-hynde powerful enough to defy the
King’s peace.[323]
Public-domain text, read in full here on John Shaqi.
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