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
[Sidenote: Tribal character of the manor as a judicial unit.]
It may be worth while in this connection to allude to another general
feature of the manorial estate on both sides of the Channel which if not
directly of tribal origin must at least have worked in close sympathy
with tribal custom.
The gesithcund man officially charged with the control of a district or
estate easily became in a manorial sense lord of the dependent tenants
upon it. And the judicial and magisterial adjunct to the lordship became
a prevalent feature of the typical manor.
We have seen that the ‘sac and soc’ of later times may have grown from
the root of the tribal principle involved in the sacredness of the
precinct or area of protection of the chieftain and, in degree, of every
grade of tribesman who possessed a homestead. How large a place this
principle occupied is shown by the prominence of the _fredus_ in Frankish
law and of the _mundbyrd_ in the early Anglo-Saxon laws. The manor was a
complex product of many factors, and tribal custom was certainly one of
them.
[Sidenote: Was it a family holding?]
Once again, what kind of a holding was that of the twelve-hyndeman? Was
it a family holding, and what were the rules of succession?
[Sidenote: Place names in favour of its being sometimes a family holding.]
Unfortunately, we do not know how far the immigrants came in kindreds
and families or as followers and ‘gesiths’ of military chieftains. But,
in any case, if we may take the evidence of place-names the great number
of patronymic names of places would lead to the supposition that the
holdings were family holdings. The _ham_ may at first have been the
estate of a gesithcund man held direct of the king with gafolgeldas and
geburs under him holding yardlands and doing work on his demesne. But
when it becomes an _ingham_ the patronymic termination points to the
lordship of the manor having been held, as time went on, jointly, in
somewhat the same way as the Cymric chieftainship in the gwely. His sons
and grandsons and great-grandsons may really have had their rights of
maintenance all along, and ultimately, if they were allowed to do so,
they may have sometimes divided the inheritance instead of continuing to
hold it jointly. Tribal instincts working alone would probably follow
some such line as this.
But it is easy to see that the nearer the holding of the twelve-hyndeman
approached to a benefice or office the stronger would be the tendency
towards single succession instead of divisions among heirs.
Public-domain text, read in full here on John Shaqi.
Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' — John Shaqi
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