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
And there is a clause in the Laws of Ine which seems to refer to the
something like judicial duties of the gesithcundman, for it shows that
neglect of them causing a suit which he ought to have settled to be
carried to a higher court--before the ealdorman or the King--deprived
him of his right to share in the ‘wite-ræden,’ whatever they were,
appertaining to the suit.
Gif gesiðcund mon þingað wið cyning oþþe wið kyninges
ealdormannan for his inhiwan oþþe wið his hlaford for þeowe oþþe
for frige nah he þær nane witerædenne se gesið forþon he him
nolde ær yfles gestieran æt ham.
(50) If a gesithcundman has a suit with the King or with the
King’s ealdorman for his household or with his lord for bond or
for free; he (the gesith) shall not there have any ‘witeræden’
because he would not correct him before of his evil deeds at home.
That he had special duties to discharge in connection with the ‘fyrd’
was shown not only by one of the qualifications of the gesithcund status
being the possession of a coat of mail, helmet, and over-gilded sword,
but also by the fyrd-wite of 120 scillings and the loss of his land, if
he neglected the fyrd.
[Sidenote: His duty to secure the King’s gafol from his land.]
That he was put into his landed position under conditions to secure the
management of the land for the provision of the King’s gafol is shown by
the following clauses, which in regard to one important particular at
least point out what was expected of him and further suggest that there
was reason to fear that sometimes he might be inclined to desert his post
without having performed the conditions upon which his land was held.
_Be gesiðcundes monnes fære._
_If a gesithcund leaves [the land]._
Gif gesiðcund man fare þonne mot he habban his gerefan mid him ⁊
his smið ⁊ his cild-festran.
(63) If a gesithcundman leaves, then may he have with him his
reeve [?] and smith and his foster-nurse.
Seþe hæfð xx hida se sceal tæcnan xii hida gesettes landes
þonne he faran wille.
(64) He who has 20 hides, he shall show 12 hides of _geset land_
if he want to leave.
Seþe hæfð x hida se sceal tæcnan vi hida gesettes landes.
(65) He who has 10 hides shall show 6 hides of _geset land_.
Seþe hæbbe þreo hida tæcne oðres healfes.
(66) If he have three hides let him show one and a half.
[Sidenote: He must settle tenants on the land.]
These clauses suggest very clearly that the gesithcundman had been
entrusted with the ten hides or twenty hides, or sometimes a smaller
number, under the special obligation to provide the food rent by settling
tenants upon the land.
[Sidenote: Method of settling gafol-geldas and geburs on yardlands.]
Let us pass, then, to what evidence the Dooms of Ine afford as to the
customary method of settling tenants on the land.
The very next sections to those just quoted are as follows:--
_Be gyrde londes._
_Of a yardland._
Public-domain text, read in full here on John Shaqi.
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