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 fact of this connection between the value of the oaths and hides
was first brought to our notice in the Dialogue of Archbishop Egbert
apparently as a matter already well known and established. And it was his
claim that the oaths of his priests should be reckoned as oaths of 120
hides which confirmed what, from the Laws of Ine, was hardly more than
doubtful inference that this was the value of the oath of the gesithcund
or twelve-hynde class.
The Archbishop’s mention of it confirmed it, but left its meaning and
origin as obscure as ever. And yet the whole question of the structure
of Saxon society is so mixed up with the right understanding of the
twelve-hynde and twy-hynde division of classes that unless further light
can be let into it a good deal of what we should like to see clearly must
remain unhappily enveloped in fog.
[Sidenote: Hides were family holdings. The _familia_ of Bede.]
Archbishop Egbert’s substitution of the phrase so many _tributarii_ or
_manentes_ for the ‘so many hides’ of the Laws of Ine obliges us to
regard the _hide_ of Ine’s Dooms in this connection as equivalent to
the ‘familia’ of Bede. The Saxon translator of the Latin text of Bede
translated the word _familia_ sometimes by ‘hide’ and sometimes by
_hiwisc_ or family. In this connection it is also worth noting that,
although writing a century later than Egbert and two centuries after the
date of Ine’s Laws, the translator of Bede had not cast off all traces
of tribal tradition, for he consistently used the word _mægthe_ as the
equivalent of Bede’s ‘provincia.’ He still thought of tribes and peoples
rather than of districts and provinces. His ideas in these things ran on
tribal rather than on territorial lines. So to him the hide was still the
_family_ unit, and the greater kindred or tribe, as in Beowulf, was the
_mægthe_. In Beowulf we saw that some of them conquered others and made
them pay tribute. So they did in Bede’s time.
[Sidenote: _Manentes_ and _tributarii_ of Egbert.]
While, then, we are obliged to connect the value of oaths reckoned as of
so many hides with hides which were family holdings, or, as Egbert calls
them, _manentes_ and _tributarii_, the original meaning of the connection
must be sought for in tribal conceptions.
Public-domain text, read in full here on John Shaqi.
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