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
The tightness of the tribal bond is shown still more clearly by the
statement that the chieftain himself is not competent to forgive, so as
to bind his successors, the food-rent due from the tenant.
The food-rent is free to the successors of the chief; for the
chief is not competent to forgive the payment of what supplies
his house (p. 213).
So much we gather from the chapter on _saer_-rath. Now as to _daer_-rath
(p. 223). No one was bound to take _daer_ stock from any one, not even
from his own chieftain or king. Taking daer stock was therefore a matter
of contract, and a contract by a tribesman affected his _fine_ or kindred.
The stock is received by the tenant either with or without the
knowledge of the _fine_, for if it was unknown to them they could
impugn his contract, but if it was within their knowledge, though
the stock be ever so great, it is fastened upon them.
The fine had a voice, presumably lest it should be found that cattle
in their family herd, unknown to them, might belong to some outside
chieftain. And further, if continued for three lives, the obligation
might become permanent, as in the case of saer stock.
[Sidenote: ‘Fuidhir’ tenants become _adscripti glebæ_ after three
generations.]
Besides these _daer_ and _saer_ tenants who had taken stock from their
chieftain or king, and who seem to have been to a great extent _adscripti
glebæ_, there is mention of _fuidhir_ tenants. They seem to be strangers,
admitted, like the Cymric alltuds, upon a chieftain’s land, and, like
the Cymric alltuds, free to move away, until by residence for three
generations they also have become recognised as freemen, and at the same
time _adscripti glebæ_.
In the tract, ‘Divisions of the Tribe of a Territory,’[73] is the
following mention of the fuidhir tenants, confirming what has been said
above.
It occurs in the commentary:--
His fuidhir tenants, _i.e._ they become free during the time of
three persons; the fourth man is called a daer-bothach person;
the _fifth is a sencleithe_ person.
The fifth person would be the great-great-grandson of the original
fuidhir. Further on (p. 287) is the following:--
The families of the fuidhir tenants are subject to manifold
divisions. The son is enriched in the same ratio as his father,
and the father does not sell anything to the prejudice of his
sons, grandsons, great-grandsons, or great-great-grandsons.
[Sidenote: The fifth generation become ‘sencleithe.’]
The chief point of interest is that the men of the fourth generation of
fuidhirs, according to the above-quoted passages, became _daer-bothach_
persons--half free men--and the fifth generation _sencleithe_, so that
the family, like the Cymric stranger, grew into freedom in four or five
generations.
Public-domain text, read in full here on John Shaqi.
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