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
With the manorial side of serfdom in its connection with the widely
prevalent open field system we have already attempted to deal in a former
volume. That there may have been some continuity and continuance of
estates managed on the Roman system can hardly be denied. However far
the policy of extermination of the old inhabitants was carried, it never
extended over the whole area. And the whole of Britain was not conquered
in the same century. Even if the continuity of estates in Britain should
be considered to have been entirely broken by the Anglo-Saxon invasions
(which is hardly conceivable), it must be admitted that continuity and
likeness between England and the Continent as to land management was very
soon restored on monastic and other ecclesiastical estates, and perhaps
also upon what was Royal domain. Nor can it be doubted that herein was a
force greatly strengthening the manorial element.
[Sidenote: Tribal custom only would not meet the whole case.]
If we limit our view to the tribal side only of the problem, we recognise
that in Scandinavia and in the Cymric districts of our own island and in
Ireland tribal principles working alone tended powerfully, without help
from the Roman side, to produce a class of tenants becoming _adscripti
glebæ_ after four generations of occupation, but it did not produce
either in Norway or in Wales or Ireland or in Celtic Scotland that
general and typical form of occupation in uniform yardlands or ‘huben’
so prevalent in England and Germany on manorial estates with ostensibly
single succession and services in so many points resembling those of the
Roman colonate.
Whether the manor was the indirect or direct successor of the Roman
Villa--_i.e._ whether the continuity was broken or not--the _manorial_
use of the open-field system of agriculture seems to be required to
produce the uniformity of holdings in yardlands and the single succession
which marked what is roughly called the serfdom of the manorial estate.
[Sidenote: The open-field system not of manorial origin.]
Public-domain text, read in full here on John Shaqi.
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