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
If such a statement had been found in West-Saxon law, the inference might
at first sight be that the ceorlisc class could hardly have been mainly
a class of gafol-geldas. The laws of Alfred surely ought to throw some
light upon this important matter.
In section 39 is the following:--
[Sidenote: The ceorl below the six-hyndeman.]
Gif hwa on ciorlisces monnes flette gefeohte mid syx scill.
gebete þam ceorl. Gif he wæpne gebrede ⁊ no feohte sie bi healfum
þam. Gif syx-hyndum þissa hwæðer gelimpe þriefealdlice [arise
be þære ciorliscan bote. xii-hyndum men twyfealdlice] be þæs
syx-hyndan bote.
If any one fight in a ceorlisc man’s flet with six scillings
let him make bot to the ceorl. If he draw his weapon and fight
not let it be half of that. If, however, either of these happen
to a six-hynde man let it increase threefoldly according to the
ceorlisc bot; to a twelve-hyndeman twofoldly according to the
six-hynde’s bot.
The ceorlisc man in this section takes the place of the twyhynde man in
contrast with the six-hynde and twelve-hynde classes. The payments are
the bots payable to the owners for fighting within their sacred precinct
or inclosure, and the amounts following the proportions of the wergelds
of the three classes are:--
Ceorlisc man’s 6 scillings
Six-hyndeman 18 ”
Twelve-hyndeman 36 ”
In this section the ceorlisc class seems clearly to take the place of the
twy-hynde class. They seem to be identical.
Section 40 gives similar evidence, in connection with the _burg_ -or
_burh_-bryce or breach of the fence of the sacred precinct.
Cyninges burg-bryce bið cxx scill. Ærcebiscopes hund nigontig
scill. Oðres biscepes & ealdormonnes lx scill. Twelf-hyndes
monnes xxx scill. Syx-hyndes monnes xv scill. Ceorles edorbryce v
scill.…
The King’s burh-bryce shall be cxx scillings. An archbishop’s
ninety scillings. Any other bishop’s and an earldorman’s lx
scillings. A twelve-hyndeman’s xxx scillings. A six-hyndeman’s xv
scillings. A ceorl’s edorbreach v scillings.…
[Sidenote: The ceorl twy-hynde.]
Here again the ceorl takes the place of the twy-hyndeman, and the
burh-bryce is graduated accordingly, the twelve-hyndeman’s being six
times the ceorl’s.
King’s 120 scillings
Archbishop’s 90 ”
Ealdorman’s or bishop’s 60 ”
Twelve-hynde’s 30 ”
Six-hynde’s 15 ”
Ceorl’s edorbreach 5 ”
Public-domain text, read in full here on John Shaqi.
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