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
These hyndens were not directly groups of kinsmen and oath-helpers,
but they were artificial groups formed and bound by a pledge for
mutual protection, and the use of the word ‘hynden’ in this sense is
significant. There were hyndens of oath-helpers under tribal custom, and
now in the city hyndens of frith-gegildas were formed for mutual defence
against powerful kindreds outside their city who were in the habit of
protecting thieves from justice.
This was the way apparently that a substitute was found in the towns for
the absent kindreds. And as time went on these artificial hyndens of
_gegildas_ or _congildones_ no doubt in some measure took the place of
the hyndens of kinsmen in cases of homicide as well as in cases of theft.
[Sidenote: Wealth and fullness of kindred often concurrent.]
Naturally in the course of time the possession of property and social
status would gradually take the place of the completeness of kindred, and
the two elements in status would easily be associated together in common
estimation. The value of a man’s oath would depend more and more on the
number of hides of land he was reckoned to possess, or for which he was
responsible to the ‘King’s utware.’
If we may follow Schmid’s translation of ‘utware’ as ‘Heerbann’ and
picture to ourselves the ceorl who had risen to the social position of a
man with a kindred and having five hides to the King’s gafol, with his
coat of mail and helmet and over-gilded sword coming up at the call of
the King to the fyrd with so many followers, whether kinsmen or tenants,
from the five hides under his charge and so becoming ‘gesithcund’ in
regard to the King’s service, then there would be force in the further
clause which declares that, although he had acquired a kindred and a coat
of mail and helmet and over-gilded sword, yet _if he have not that land,
he is still but a ceorl_.
The power and strength and status of a person would still depend upon the
combination of the two elements, and both would have to be reckoned with.
A passage has already been quoted in which the possibility is admitted of
a kindred becoming so powerful--_magna et fortis_--as to defy the King’s
law and defend the thief.[260] There is another passage relating to
breaches of the peace in Kent in which the two sources of this power of
defiance are mentioned together. The dangerous person may either be _so
rich_ or be of _so great a kindred_ that he could not be punished--‘adeo
dives vel tantæ parentelæ ut castigari non possit.’[261]
VI. THE GESITHCUND AND CEORLISC CLASSES IN THEIR CONNECTION WITH LAND.
Pursuing the question of division of classes mentioned in the Dooms of
Ine we turn now to the consideration of the most prominent distinction
which runs through the clauses of the Dooms, viz. that of _gesithcund_
and _ceorlisc_.
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