V. ARE THERE PARALLEL CASES ? - Page 301

282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

steadily to increase, and here it is that he settles his ‘fuidhir’ or stranger tenants a very important class—the outlaws and ‘broken men’ from other tribes who come to him for protection, and who are only connected with their new tribe by their dependence on its chief, and through the responsibility which he incurs for them.”

Who were the Fuidhirs? According to Sir Henry Maine the Fuidhirs were :

“Strangers or fugitives from other territories, men in fact, who had broken the original tribal bond which gave them a place in the community, and who had to obtain and then as best they might in a new tribe and new place. Society was violently disordered. The result was probably to fill the country with ‘Broken Men’ and such men could only find a home and protection by becoming Fuidhir tenants.

“The Fuidhir was not a tribesman but an alien. In all societies cemented together by kinship the position of the person who has lost or broken the bond of union is always extraordinarily miserable. He has not only lost his natural place in them but they have no room for him anywhere else.”

II

Now as to Wales. The organization of the Welsh village in primitive times is described [1] by Mr. Seebhom. According to Mr. Seebhom a village in Wales was a collection of homesteads. The homesteads were separated into two groups, the homesteads of the Free-tenants and the homesteads of the Unfree-tenants. Mr. Seebhom says that this separation in habitation was a common feature of the primitive village in Wales. Why were these Unfree-tenants made to live in a separate and detached place? The reason for this separation is explained [2] by Mr. Seebhom in the following terms : “At first sight there is a great confusion in the class of men mentioned in the ancient Welsh Laws— of tribesmen, Uchelore bryre and innate boneddings : of non-tribesmen, talogo Aillte, Alltude, etc. The confusion vanishes only when the principle underlying the constitution of tribal society is grasped. And this principle would apparently be a very simple one if could be freed from the complications of conquest and permanent settlement of land from the inroads of foreign law, custom, and nomenclature. To begin with there can be little doubt that the ruling principle underlying the structure of tribal society was that of blood relationship among the free tribesmen. No one who did not belong to a kindred could be a member of the tribe, which was in fact, a bundle of Welsh kindred. Broadly then under the Welsh tribal system there were two classes, those of Cymric blood—and those who were stranger in blood. There was

1 The Tribal System in Wales p. 9

2 Ibid pp. 54-55.