The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
perhaps formally abjure the country[449]. Now it is perfectly clear that
a law expressed in such general terms as these, cannot be directed to a
particular and exceptional condition; that it does not apply to the
accidental existence of gegyldan, but on the contrary assumes every man
to have such: we cannot therefore construe it of voluntary associations
formed for religious, social or funereal objects[450], and for the
purposes of this law we must look upon gegylda as a general name borne
by every individual in respect of some gyld or association of which he
was taken to be a member. The only meanings which the root _gyld_
enables us to attach to the word gegylda are these; either, _one who
shares with others in paying_; or, _one who shares with others in
worshipping_. If we adopt the former rendering, we must suppose that
certain contributions were made by a number of persons to a common
purse, partly for festive purposes, partly as a mutual guarantee and
club-fund for legal costs, for the expenses of reciprocal aid and
defence, perhaps even for mortuary celebrations and charitable
distributions. Another, though perhaps a less probable, suggestion is
that such gegyldan may have been jointly responsible for taxes, or the
outfit of armed men who attended in the _fyrd_ or military expedition,
on behalf of them all. But this we cannot further illustrate, in the
absence of all record of the financial system of the early Teutonic
monarchs, even those of Charlemagne himself, which would have been
invaluable guides to us through the intricacies of that dark subject of
enquiry. The second meaning given to gegylda would rest upon the
assumption of some private and as it were hero-worship, common to the
gyld-brothers,—a fact familiar enough to us in the Athenian φυλαι and
Roman _gentes_; but the existence of any such foundation for the gyld
among the Anglosaxons is extremely improbable, when we consider the
small numbers that appear to have constituted the association, and that
no trace of any such worship remains in our heathen mythology[451]. I
therefore prefer the first rendering of the word, and look upon gegyldan
as representing those who mutually pay for one another; that is, under a
system of pecuniary mulcts, those who are mutually responsible before
the law,—the associates in the tithing and the hundred.
-----
Footnote 447:
There is some difficulty in deciding whether the head of the tithing
was included in the ten, or beside it. I have proceeded upon the
supposition that he was not included, consequently that there were
really eleven men in the tithing. The leading authority (Jud. Civ.
Lond. Æðelst. v. § 3. Thorpe, i. 230) is totally and irreconcilably
contradictory on the point.
Footnote 448:
The Decani appear to be the same as the _Decimales homines_ of
Æðelred’s law. Thorpe, i. 338.
Footnote 449:
Leg. Ælf. § 27.
Footnote 450:
Public-domain text, read in full here on John Shaqi.
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