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
There is no subject requiring more careful investigation than the
combination of circumstances out of which arose what is roughly called
serfdom, _i.e._ the attachment of tenants to the land rendering services
to a lord. I shall not be suspected of suggesting that tribal customs and
methods were the _sole_ factors which produced serfdom and of ignoring
the influences which came from Roman methods of managing landed estates,
and from Roman law modified by ecclesiastical usage.
Indeed, I have insisted from the first that while, in the ‘Germania’ of
Tacitus, the germs may be found of an ‘embryo manor,’ both Roman and
German elements probably combined in producing the later manorial system
and serfdom which grew up in what were once the Roman provinces of Gaul
and the two Germanies, and even also in Britain.[56] But I think that
in Cymric tribal custom we may find a fresh clue worth following in the
attempt to gather from Continental evidence the methods likely to be used
by conquering German or Anglo-Saxon tribes in the treatment of strangers
in blood.[57]
[Sidenote: After four generations on the land they become _adscripti
glebæ_ and obtain recognition of kindred.]
In Welsh tribal custom _alltuds_ or strangers and their descendants (not
necessarily otherwise unfree persons) having some special circumstances
in their favour, being allowed to settle within the district of a greater
or lesser chieftain upon land which, in a sense, may have been his
demesne land, were free to remove and settle under another chieftain,
unless and until they had remained on the same land or under the same
lordship for four generations. But thereafter the great-grandchildren of
the original settlers became _adscripti glebæ_. And this fixture to the
land, or rather to the lordship, was apparently not looked upon as in any
way a degradation in rank, but on the contrary a step in advance towards
the recognition of tribal rights. The great-grandson of the stranger did
not indeed become a Cymric tribesman, but he gained the recognition of
his status as the founder of a kindred of his own, the members of which
in after-generations would, as kinsmen, be able to swear for and defend
one another.
This being so in the case of free strangers coming into the country, the
next question is what was the position of the semi-servile class, the
_aillts_ and _taeogs_ of the Codes, who and whose ancestors for many
generations had been born upon the land in a semi-servile condition?
[Sidenote: Their rights increase with growth of kindred.]
Public-domain text, read in full here on John Shaqi.
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