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
This gradual growth of fuidhirs into sencleithe tenants in five
generations of occupation is illustrated by the retention of rights for
a corresponding period. In the Book of Aicill (p. 157) is a statement
that the land of an imbecile person (a fool’s land) is not lost to his
descendants, though they be also imbeciles, ‘till five persons:’ that is,
till the fifth generation.
The number of generations required does not, however, seem to have been
absolutely uniform.
The following is from the ‘Crith Gabhlach’ (p. 321):--
If there be service from them (cottier and fuidhir tenants which
he, the chief, brings upon the land) to ‘flaith’ chiefs to nine
times nine (years?), they are cottiers and fuidhir tenants; they
are _sencleithe_ tenants from that out.
In the Editor’s note (p. 350) to the sequel to the ‘Crith Gabhlach,’
there is a statement that the sencleithe tenant was a man who came
from his natural chief to settle under another chief; and if he or his
successors continued away during the time of three successive chiefs,
with the knowledge of the former chief, and unclaimed by him or his
successors, he or they then became ‘sencleithe,’ and could not go away of
themselves nor be claimed by the other.[74]
[Sidenote: Comparison with Cymric custom as to strangers, and as to the
link between chief and tribesmen made by bestowal and acceptance of
cattle.]
These passages, taken together, seem to imply that after five, or
sometimes three, generations of tenancy under the same chieftain or his
successors, the fuidhir tenants became in some sense _adscripti glebæ_,
like the Cymric alltuds, and at the same time formed a group of kindred
very much like a Cymric gwely.
Beyond this it is not easy to realise the position of the _sencleithe_
person. The text of the Brehon law tracts is often very obscure, and
the commentary so imperfect that the suggestion again and again occurs
to the student that the commentator may sometimes himself be groping in
the dark. Moreover, all the Brehon tracts have not yet been published,
so that we have as yet only part of the evidence before us. Still it
seems to be safe to say that there are indications that, as in Wales,
there were rungs in the social ladder by which the stranger or unfree
tenant might, after a certain number of generations, climb into something
like freedom and tribal rights at the cost of becoming at the same time
attached to the land of the chieftain; and that to the freeman also the
grades of social rank were in some measure dependent upon the social
position of fathers and grandfathers and great-grandfathers as well
as upon the acceptance of stock and the payment of food-rent and the
performance of services to chieftains of higher rank.
Public-domain text, read in full here on John Shaqi.
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