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
During the century or two after the first settlement there was time, no
doubt, for the growth of kindreds, and the thane in the king’s service
would soon become the head of a family group; but, on the other hand,
many influences were at work undermining the solidarity of the kindred
and strengthening the manorial element. Tribal instincts die hard. But
probably there never was full opportunity for the growth upon English
soil of anything like the solidarity in landholding of the Norse kindreds
of odal sharers tracing back their family possession for four or five
generations.
[Sidenote: Folk-land may have devolved under tribal custom.]
There is but little evidence on the rights or rules of succession to be
found in the laws. And the silence is suggestive of the continuance of
custom. Even the diplomatic evidence of wills and charters is so much
restricted to boc-land that it perhaps throws a shadow rather than direct
light upon the ordinary devolution of land which had not become the
subject of the Romanised rules of ownership, conveyance and testamentary
disposition.
But if Professor Vinogradoff is right in his view that folk-land was
that land which was still held under ancient custom, then for anything
we know, in spite of documentary silence, folk-land may still have been
held more or less as family rather than individual property even in later
times.
If the suggested analogy between the _terra Salica_ of the Salic laws
and the _folk-land_ of Anglo-Saxon documents could be proved, the family
character of the holdings in both cases would receive confirmation.
At the same time the frequent concurrence of relatives in Anglo-Saxon
dispositions of land and the common form of deprecation of future
interference on their part would at least be consistent with the
supposition.
[Sidenote: But feudal principles would tend towards single succession
outwardly.]
That as time went on the growing force of feudal principles would demand
single succession to landed estates whenever they could be regarded as
benefices is what might be expected. And it is worth noting that under
later feudal custom, by a kind of compromise, what was really a family
holding was often artificially moulded for practical purposes into a
single holding with apparent single succession.
[Sidenote: A single holding may cover internal family divisions.]
Public-domain text, read in full here on John Shaqi.
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