Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
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
The man-bot was, as we have seen, the payment to a lord for the loss of
his man.
There is an indirect mention of wergelds in s. 34, which states that any
one who has been in a foray in which a man has been slain must prove
himself innocent of the slaying and make bot for the foray according to
the wergeld of the slain. If his wergeld be 200_s._ he must make bot with
50_s._, and the like justice was to be done with respect to the ‘dearer
born.’
We may assume from this and the later evidence that already the wergeld
of the twelve-hyndeman was 1200 scillings, and that of the twy-hyndeman
200 scillings, though in the Dooms of Ine this is not otherwise directly
stated. The laws take it for granted that the amount of the wergelds was
common knowledge, as in so many other cases.
* * * * *
[Sidenote: The six-hynde class.]
The mention of the six-hynde class in addition to the twelve-hynde and
twy-hynde classes makes it a matter of importance to learn what manner of
persons were included in the six-hynde class.
The Laws of King Alfred, as we have seen, generally mention the
six-hyndeman with the other classes, but without giving any clue to an
answer to the question to what social rank he belonged. In the Laws of
Ine, however, a distinct clue is given, and it is one which accords
with Continental usage and suggests a reason for the disappearance of
the six-hyndeman from the later laws. He is mentioned again after King
Alfred’s time only in the so-called Laws of Henry I.
The clauses relating to this subject are important enough to claim
consideration in a separate section.
* * * * *
[Sidenote: The gafol-gelda and the gebur.]
One other important social distinction, or division of classes, appears
already in the Laws of Ine, viz. that which existed between possessors
of land and _gafol-geldas_ and _geburs_ who were, as we should say,
_tenants_ on the land of others. We shall have to return to the
consideration of this distinction and to note the fact that it is in
these Laws of Ine that the _gebur_ appears as almost the equivalent
of the _gafol-gelda_, while they afford incidental evidence also that
the typical holding of the gafol-gelda (and thus of the gebur) was the
‘yardland’ or virgate of open-field husbandry.
The mention of the gafol-gelda and the gebur occurs in s. 6.
Gif hwa gefeohte on cyninges huse sie he scyldig ealles his
ierfes ⁊ sie on cyninges dome hwæðer he lif age þe nage. Gif
hwa on mynstre gefeohte hund twelftig scill. gebete. Gif hwa on
ealdormonnes huse gefeohte oþþe on oðrer geþungenes witan lx
scill. gebete he ⁊ oðer lx geselle to wite.
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