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
Upon a review of the preceding passages it may be inferred that the
hynden consisted of ten tithings, and consequently answered to what we
more commonly call a hundred: it may perhaps be suggested that, if any
distinction existed between these two terms, the hynden represented the
numerical, the hundred the territorial division. But their original
identity may be argued from an important passage in the law of Ini. He
ordains[460]: “He that is charged with mortal feud, and is willing to
deny the slaying on oath; then shall there be in the hynden one king’s
oath of thirty hides, as well for a noble as a churl, be it whichever it
be.“
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Footnote 460:
“Seðe bið werfǽhðe betogen, and he onsacan wille ðæs sleges mid áðe,
ðonne sceal beón on ðǽre hyndenne án cyningáð be xxx hída, swá be
gesíðcund men swá be ceorliscum, swá hwæðer swá hit sý.” Ini. § 54.
Thorpe, i. 136. Upon this passage the late Mr. Price had the following
note, which is interesting, though I cannot agree with his conclusion:
“It has been already observed that the hynden consisted of ten
persons, and, like hynde in the words twýhynde, sixhynde, twelfhynde,
appears to have been formed from hund, of which the original meaning
was _ten_. The hynden therefore will correspond to the _turba_ of the
Civil Law (‘quia Turba decem dicuntur.’ Leg. Præt. 4. § Turbam), the
_Tourbe_ of the French Coutumes: 'Coutume si doit verefier par deux
tourbes et chacun d’icelles par dix temoins.' Loisel. liv. v. tit. 5.
c. 13.” But the correspondence noted will entirely depend upon the
fact of the hynden really being a collection of ten men, which I do
not admit. There is no dispute as to the meaning of _Turba_ or
_Tourbe_: but if, as it is not impossible, _turba_ should be really
identical with þorp, _vicus_, it might deserve consideration whether
the original village was not supposed to consist of ten families and
so to form the tithing or gyldscipe.
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