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
The chief question raised by King Alfred’s Laws was whether any great
distinction existed between the ‘ceorl who sits on gafol land’ and other
members of the ceorlisc class. The Laws of King Alfred gave us no clue
on this point. It seemed as though, after all, the ceorlisc class must
have been so generally gafol-geldas that practically the twy-hynde and
ceorlisc class might be spoken of roughly and inclusively as ‘ceorls
who sit on gafol land,’ and that this ‘sitting on gafol land’ might be,
after all, the fairly distinctive mark of the ceorlisc class for whom
King Alfred claimed a twy-hynde wergeld as ‘equally dear’ with the Danish
lysing.
[Sidenote: The gafol-gelda and gebur of Ine’s laws put in the place of
the ceorlisc man of King Alfred.]
And now in this clause 6 of King Ine’s Laws we find the gafol-gelda or
gebur put directly into the place of the ceorlisc man of King Alfred’s
Laws with the same penalty of six scillings payable to him for fighting
in his house or his ‘flet.’
_King Alfred’s Laws_, s. 39.
If any one fight in a ceorlisc man’s flet, with six scillings let
him make bot to the ceorl.
_King Ine’s Laws_, s. 6.
But if he fight in a gafol-gelda’s house or in a gebur’s, let him
pay … to the gebur six scillings.
It might be said at first sight that here surely is a clear trace of the
degradation of the ceorl into a gafol-gelda during the 200 years between
the Laws of King Ine and King Alfred. For, it might be said, the ceorl of
King Alfred’s Laws has the same bot for the fighting in his house as that
which the gafol-gelda had under Ine’s Laws 200 years earlier. This may be
so. But how do we know that the gafol-gelda of King Ine’s time was not
already the typical ceorl as he seems to have been in King Alfred’s time?
In that case there would be no sign of degradation of the ceorl into the
gafol-gelda. Or at any rate if there had been a degradation from some
original higher position and status it had already taken place before
the time of King Ine. Our judgment on the position of the ceorlisc class
under King Ine’s Laws must still be reserved.
IV. THE POSITION OF STRANGERS IN BLOOD UNDER KING INE’S LAWS.--THE
SIX-HYNDEMAN.
[Sidenote: Strangers in blood.]
The question of the position under West Saxon law of strangers in blood
is one of much interest, and we have reserved the clauses relating to it
for separate consideration.
There may have been several different classes of strangers.
[Sidenote: How were the earlier conquered inhabitants treated?]
How far there was a considerable substratum of conquered Romano-British
inhabitants is a very vexed question. That there were such in the
outlying and recently conquered districts is certain. Mr. Coote’s view
may not be wholly mistaken that a Romano-British population, living,
as on the Continent, under their own laws and customs, existed in most
districts, especially in the towns.
Public-domain text, read in full here on John Shaqi.
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