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 again, the Inquisition of Glastonbury (A.D. 1189)[272] describes
the holder of a yardland almost in the same terms as those used in the
‘Rectitudines’ in the description of the _gebur_. He is said to hold a
yardland for 32_d._ (probably 1_d._ per acre), and every Monday he must
plough a half-acre and harrow it, and he works every day in the week but
on Sunday. He has from his lord one heifer (_averum_) and two oxen and
one cow and seven acres of corn sown and three acres of oats (to start
with)--ten acres in all sown--and six sheep and one ram. King Ine made
grants of land, as we have seen, to Glastonbury, and it is interesting
to find the custom of allowing two oxen, one cow, and six sheep to the
yardland as described in the ‘Rectitudines’ still going on in West Wales
five hundred years after Ine’s time on the estates of the Abbey.
[Sidenote: Winchester.]
Take again the charter MLXXIX. mentioned by Kemble (i. p. 216). This
charter shows that the Bishop of Winchester (A.D. 902) had leased fifteen
hides of land to a relative of the Bishop, requiring that he must settle
there (_inberthan_)[273] men who would be fixed (_hamettan_) to the
place. He himself had ‘hamet’ Lufe and her three bairns, and Luhan and
his six bairns, and these must remain on the land whoever might hold it.
There were also three _witetheows_ _bur_bærde and three more _theow_bærde
belonging to the Bishop, with their descendants (_and hire team_). At
this date the settling of new tenants (may we not say?) some of them as
geburs and some as theows was still going on in Wessex A.D. 902.
It is quite true that the holders of these yardlands are not everywhere
always described as _geburs_. But we are dealing with the _thing_, not
the name. The word _gebur_, however, was of much wider use than merely in
one or two localities.
[Sidenote: Tyddenham.]
It is not only in the ‘Rectitudines’ that the gebur and his services are
mentioned. On the Tyddenham Manor of King Edwy on the ‘geset-land’ there
were ‘geburs’ with yardlands (gyrdagafollandes)--as mentioned in the
former volume (p. 150). And other examples may be quoted.
[Sidenote: Shaftesbury. Hatfield.]
In the will of Wynfled[274] there is mention of lands at Shaftesbury
and ‘the geburs that on those gafollands sit’ (_þara gebura di on þam
gafollandes sittað_). And as incidental evidence that the geburs became
in course of time _adscripti glebæ_, it is worth while to remember that
early in the eleventh century the monks of Ely in connection with their
Manor of Hatfield kept record of the children of the geburs on their
estate who had married with others of neighbouring manors, so that
they might not lose sight of them and their rights over them. And the
importance with which their rights were regarded is emphasised by the
fact that the record was kept upon the back of an ancient copy of the
Gospels belonging presumably to the altar of St. Etheldreda.[275]
Public-domain text, read in full here on John Shaqi.
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