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
[Sidenote: Land grants of 10 hides.]
Again, if we turn to the grants made by King Ine to the monasteries, they
become intelligible if the system of management of the Royal domains in
units and multiples of ten hides may be understood to underlie them. When
Ine grants to Aldhelm, then Abbot of Malmesbury, ‘45 cassati’ in the
county of Wilts, the grant is found to consist of groups of ‘manentes’
in four different places. And the groups consist of 5, 20, 10, and
10.[262] When Ine makes a grant to Abbot Bernald of land in Somersetshire
it consists of three groups of 20, 20, and 20 _cassati_ or _manentes_
from three different estates.[263] And when he makes a similar grant to
Glastonbury it consists of 10, 10, 20, 20 hides and one hide in five
different places in Somersetshire.[264]
So also when Bede mentions the donations by King Oswy to the Abbess Hilda
of 12 _possessiuncula terrarum_ he adds that six were in the province
of Deira and six in Bernicia and that each of them consisted of 10
_familiæ_, so that in all there were 120.[265]
Now it would seem that as ealdormen were set over shires so gesithcund
men may have been set over smaller units of 10 hides or multiples of 10
hides, holding them as lænland, not only for services rendered, but also
with some kind of subordinate official or even judicial functions.
[Sidenote: Official position of the gesithcundman.]
Schmid long ago pointed out that the translator of Bede in six passages
translated the Latin _comes_ by ‘gesith’ or ‘gesithcundman.’[266] This
seems to imply that his position was in some sense an official one,
subordinate indeed to the ealdorman’s, as we may also learn from the
translator of Bede. For while he translates the ‘_villa comitis_’ of
Bede as the ‘_gesith’s hus_’ he translates the ‘_villa regis_’ as the
residence of the king’s ealdor (‘botl cyninges ealdor’).[267]
We found in s. 45 of King Ine’s Laws above quoted that the
gesithcundman’s burg-bryce was thirty-five scillings while the
ealdorman’s was eighty scillings. Still, though the lowest official in
the scale, it was something that he should be named with the King, the
ealdorman, and the King’s thane as having a burg-bryce according to which
he was to make legal denial (ansacan).
The omission from this clause as to burg-bryce of classes below him seems
to mark that while even the ceorlisc man--_i.e._ even the gafol-gelda
or gebur--was responsible for the peace within his ‘flet’ and received
a fight-wite when it was broken by fighting in it, the gesithcundman
belonged to the class with some sort of extra jurisdiction beyond that
which attached to every man whose homestead was by long tribal custom a
sacred precinct.
[Sidenote: His judicial and magisterial duties.]
Public-domain text, read in full here on John Shaqi.
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