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
But this must not blind our eyes to the fact that the yardlands on
Anglo-Saxon estates were, so far as we can see, for the most part really
individual holdings with actual single succession. However hard tribal
custom may have fought for the family element, the manorial element in
the end seems to have prevailed on most manors so as to secure, for the
purposes of the lordship and the convenience of manorial management,
single succession to the yardlands. The fact that as early as King Ine’s
time we see new individual holdings of geburs being made by the allotment
of yardlands and homesteads to individual tenants in return for gafol and
work, when taken in connection with the ‘Rectitudines’ brings us back
to the likeness of these holdings to the holdings of the _villani_ of
later times. We see in the allotment of stock to the gebur, of which we
trace scattered evidence, the fact on which the principle of the later
villenage was based. Only when both homestead and yardland came from
the lord was there to be work as well as gafol under King Ine’s laws.
The stock of the holding according to the ‘Rectitudines’ belonged in
theory to the lord and upon the tenant’s death returned to the lord. The
continuance to another tenant on the payment of a relief involved the
admission that the holding and its outfit were a loan from the lord.
[Sidenote: The manorial element must not be lost sight of.]
The fact that in exceptional cases family holdings were able to maintain
their own under manorial management must not be allowed to lead us to
underrate the power of the manorial element. There were in tribal custom
itself as described by Tacitus elements of what we have elsewhere spoken
of as the embryo manor, but this must not blind our eyes to the fact that
something more was required to produce the general uniformity of holdings
and single succession upon manorial estates than tribal custom working
alone.
If from a tribal point of view we try to understand the growth of
manorial serfdom and see how on the Continent it was seemingly the
result of the combination of two leading factors, tribal custom and
Roman methods of land management, it becomes hardly possible to ignore
the presence of something like the same combination of two interacting
factors on British or English ground.
Public-domain text, read in full here on John Shaqi.
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