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
We need not attempt to discuss the details of this hierarchy of
chieftains. It is enough that, throughout, the lower chieftain takes
stock from and pays food-rents to the higher chieftain, or the
Ri-tuaithe, as the case may be. So that the grades of tribal rank were
connected by the link formed by the receipt of an allotment of stock
from, and the payment of food-rent to, the next superior grade.
* * * * *
Concentrating attention now on the ‘fine’ or group dependent upon a
single flaith or chief, we have seen that it consisted not only of his
kindred, but also of other dependents.
[Sidenote: The other tenants of a chieftain.]
We have seen that the chief had both _giallna_ and _saer_ tenants, and
that he supplied these tenants with stock, and received food-rent and
services in return.
In the second volume of the Senchus Mor[72] are two chapters on
_Saer-raith_ and _Daer-raith_. And the two kinds of tenancy are explained
somewhat as follows.
[Sidenote: Effect of continuance of tenancy for three lives.]
In the _saer_-raith the stock is given without any pledge, and the return
for it is one-third in value as food-rent every year, and the tenant
has to perform what is translated as homage, and to do service on the
dun-fort, at harvest time, and on military expeditions, but he does no
manual labour. The saer tenant cannot separate from his own hereditary
tribal chieftain, or refuse to take stock from him, and to that extent
he seems to be _adscriptus glebæ_. But if he chooses to receive stock
from another chief he can give it up when he likes, unless not having
returned it _for three lifetimes_, he has let the chief get a permanent
hold on him, but this must not be so as to rob his own tribe of their
innate rights (p. 219). This freedom to take stock from other chieftains
does not, therefore, seem to alter his position or that of his successor
as permanent tenants of their own hereditary chieftain. And this applies
both to his higher chieftain of _kingly_ rank, and his own lesser
chieftain of _flaith_ rank.
He cannot separate from his own king (ri) at any time, either in
_saer_-rath or _daer_-rath, unless the chief be indigent.… His
own _aire_ of the _flaith_ grade is in the same position as his
own _king_ (p. 211).
On the other hand, whilst in the case of stock taken from another
chieftain the contract can be ended on either side (except after three
lives), the hereditary king or chieftain cannot, without good reason,
withdraw the stock from the tenants.
If he be his own king he can never take away either his _saer_
stock or _daer_ stock unless the tenant be indigent, and there
are no life separations between the tenant and his own hereditary
king unless either of them act illegally, &c.…
Public-domain text, read in full here on John Shaqi.
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