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
And gif ceorl geþeah ꝥ he hæfde fullice fif hida agenes landes,
cirican ⁊ kycenan, bell-hus ⁊ burh-geat, setl ⁊ sunder-note, on
cynges healle þonne wæs he þonon-forð, þegen-rihtes weorðe.
2. And if a ceorl thrived so that he had fully five hides of his
own land, church and kitchen, bell-house and burh-geat, seat
and special duty in the King’s hall, then was he thenceforth of
thane-right worthy.
This seems to be practically identical with clause 9 of the previous
fragment. Then follows:--
And gif þegen geþeah ꝥ he þenode cynge ⁊ his rad-stefne rad on
his hirede, gif he þonne hæfde þegen þe him filigde þe to cinges
ut-ware fif hida hæfde ⁊ on cynges sele his hlaforde þenode &
þriwa mid his ærende gefore to cinge se moste syþþan mid his
foraðe his hlaford aspelian æt mistlican neodan ⁊ his onspæce
geræcan mid rihte swa hwær swa he sceolde.
And if a thane thrived so that he served the King and on his
summons (_rád-stefne_) rode with his household (_hirede_), if he
then had a thane who him followed, who to the King’s _utware_
five hides had, and in the King’s hall served his lord [the
thane] and thrice with his errand went to the King, he might
thenceforth with his foreoath his lord represent at various needs
and his plaint lawfully conduct wherever he ought.
And seþe swa geþogenne forwyrht an næfde swore for sylfne æfter
his rihte oþþe his þolode.
4. And he who so prosperous a vicegerent had not, swore for
himself according to his right, or it forfeited.
And gif þegen geþeah ꝥ he wearð to eorle þonne wæs he syþþan
eorl-rihtes weorðe.
5. And if a thane thrived, so that he became an eorl, then was he
thenceforth of eorl-right worthy.
These passages we shall have to consider further when we sum up the
evidence upon the Anglo-Saxon division of classes.
[Sidenote: The ceorl must rise into direct service to the king and to
having a kindred around him.]
But there are two peculiarities which may be marked here as pointing
to the archaic character of these precious fragments. First, the
alliteration and rhythmical character of some of them, which points to
an early and traditional origin, and, secondly, the direct relations of
the classes mentioned to the king. The Wilisc man has to bring forth the
king’s gafol. The ceorl who has five hides has them to the king’s utware
and he becomes gesithcund and thane-right worthy with special duty in the
king’s hall, while the thane is all the greater when he has a thane under
him who has himself five hides to the king’s utware and goes with his
errands to the king.
Public-domain text, read in full here on John Shaqi.
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