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
Now, if such in part was the relation between the gesithcundman and the
tenants of the yardlands of his ‘geset-land’ arising from the allotment
or loan of stock, may not something of the same kind lie at the root of
the relation between the gesithcundman himself and the King? Lord as he
may have been over his ceorlisc gafol-geldas, was not the gesithcundman
himself a servant of the King looking after the King’s gafol, a kind of
middleman, tied to his post with the ealdorman above him in the hierarchy
of Royal service, liable to lose his land if he neglected his duty?
[Sidenote: How far the gebur was _adscriptus glebæ_.]
It is an interesting question how far the ceorlisc class were _adscripti
glebæ_ under the Laws of Ine, but when we try to find this out we
discover that both classes seem to be under some kind of restraint as to
‘going away’ (_fære_). If a gesithcundman ‘fare’ we have seen under what
restrictions it must be. There is another clause which deals with the
case of persons who shall ‘fare’ without leave from their lords.
Gif hwa fare unaliefed fram his hlaforde oþþe on oðre scire hine
bestele ⁊ hine mon geahsige fare þær he ær wæs ⁊ geselle his
hlaforde lx scill.
(s. 39) If any one go from his lord without leave or steal
himself away into another shire and he be discovered, let him go
where he was before and pay to his lord 60 scillings.
Judged in the light of later laws to the same or nearly similar effect,
this clause must probably be regarded rather as early evidence of the
relation between lord and man established generally for the maintenance
of the public peace, than as bearing directly upon the question of the
attachment of the smaller class of tenants to the soil.[276] And yet if
the relation of the ordinary freeman to, let us say, the ealdorman of
the shire was such that he might not move into another shire without
leave, and until it was ascertained whether his action was _bona fide_,
or perhaps with the object to escape from debt or vengeance for a wrong
committed, the restriction would be likely to be still stronger when
a tenant was under fixed obligations to his lord, or had, by taking a
yardland and homestead, settled on his lord’s land and accepted stock
under conditions of gafol and week-work regulated by general usage.
The idea of freedom as a kind of masterful independence of the individual
was not one inherited from tribal modes of thought, nor likely to be
fostered by the circumstances of the times which followed upon the
Anglo-Saxon conquest of Britain. When this fact is fully recognised, the
gulf between the gesithcund and ceorlisc classes does not seem so deep,
after all, as it would be if, instead of approaching the question from a
tribal point of view, we were looking for allodial landowners on the one
hand and expecting the ceorl to be a member of a village community of
independent peasant proprietors on the other hand.
[Sidenote: The king’s food rents or gafol how paid.]
Public-domain text, read in full here on John Shaqi.
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