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
It is not a matter upon which we must dwell, but evidently the gavelkind
tenure must have been something different from the prevalent tenures
of other districts. The difference cannot have been the equal division
of the sulungs and yokes between sons as contrasted with the single
succession to the yardlands of other districts, because the sulungs and
yokes were apparently not interfered with by the gavelkind division
among heirs. And when the right of the youngest son under the custom of
gavelkind to succeed to the parental hearth is compared with the similar
right of the youngest son in the case of the Cymric gwely the inference
becomes very strong that the gavelkind holdings were family holdings and
the gavelkind divisions internal divisions within the family, like those
of the Cymric gwely, not necessarily interfering with the permanence
of the sulungs and yokes of the open-field system of which the family
holdings were composed or in which the family had rights.
The surveys of Kentish manors in the records of Battle Abbey and the
‘Black Book of St. Augustine’ present instances sometimes of sulungs and
yokes held by the _heredes_ of a deceased person and sometimes of others
which maintain their unity for purposes of payments and services although
in the possession of several holders. The sulung in these cases seems to
have continued to be the unit liable for the fixed ploughing and other
services irrespective of the question who were its occupants.[324]
Once more perhaps some light may be gained from Cymric tribal custom.
[Sidenote: Analogy of the Cymric trefgordd.]
We have learned from the Cymric evidence that a district might be divided
for purposes of revenue and food rents into sub-districts, irrespective
of who might be the occupants. And we have seen also how the Cymric
trefgordd or unit of pastoral occupation, with its one plough and one
churn and one herd of cattle under a single herdsman, could remain a
permanent taxable unit paying the tunc pound in lieu of food rents,
whoever might at the time be its occupants and have cattle in the herd.
Within the lines of tribal custom itself the members of a Cymric gwely
might be spread over a district and their cattle distributed among many
trefgordds, while from the chieftain’s point of view the local units of
taxation were uniform and regular.
[Sidenote: But the yardlands were mostly holdings with single succession
on payment of a relief to the lord.]
Public-domain text, read in full here on John Shaqi.
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