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 is a point of importance, because it goes far to show that the whole
of the land of the alod was terra Salica, and protected by the saving
clause from participation by females. The use of the word _land_ alone
in Codex 1 forbids our thinking that part of the land of the alod was
terra Salica and the rest not terra Salica.[113] And this consideration
seems to show that to import into the clause any explanation of the
term derived from the word _Sala_, so as to confine its meaning to the
‘_Haus und Hofland_’ or the ‘_Väterliches Wohnhaus_,’ as Amira[114] and
Lamprecht[115] would do, would be misleading. The homestead of the chief
of a tribal family holding, on terra Salica, may, like the Roman villa,
have passed by various and even natural stages into the ‘_Herrengut_,’
or ‘_terra indominicata_’ of later manorial phraseology, and the term
_terra Salica_ may have clung, as it were, to it. But to reason backwards
to the Lex Salica from the instances of its later use, given by Guérard
in his sections on the subject, seems in this case, if I may venture
to say so, to be a reversal of the right order of inference. Lamprecht
carefully guards himself against the view that the _terra Salica_ of the
Lex was as yet a ‘Herrengut,’ and Guérard, in his careful sections on the
subject, admits three stages in the evolution of the _terra Salica_: (1)
‘l’enceinte dépendant de la maison du Germain;’ (2) ‘la terre du manse
seigneurial;’ (3) ‘simplement la terre possédée en propre, quelquefois
donnée en tenure.’[116]
This may in some sense fairly represent the line of evolution
subsequently followed, and I have long ago recognised the embryo manor in
the ‘Germania’ of Tacitus; but, for our present purpose, this does not
seem to help to an understanding of the term as used in the Lex Salica.
When all the Codices are taken together into account, _terra Salica_
seems to include the whole of the land, or landed rights, of the alod.
From the whole, and not only the chief homestead, the succession of
females is excluded, and it is the whole, and not the chief homestead
only, which is to be divided between the nepotes and pronepotes of the
deceased tribesman.
Approaching the Lex Salica, as we are doing, from a tribal point of view,
we seem to get upon quite other and simpler ground.
[Sidenote: _Terra Salica_ was land held under the rules of the Lex
Salica and subject ultimately to division _per capita_ between
great-grandchildren.]
Public-domain text, read in full here on John Shaqi.
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