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
But we are not doing this, and, returning to the gesithcundman, perhaps
we have after all taken for granted quite enough that the general
environment in Wessex was agricultural rather than pastoral. Even as
regards King Ine himself, there may have been a good deal of the tribal
chieftain still left in his relations to his gesithcund followers and
officials. We have spoken of his tribal food rents; but how did he gather
them?
[Sidenote: The _firma unius noctis_.]
No doubt the King’s gafol may partly have been paid in money. But so far
as it was paid in kind it must have been carried by his tenants to his
Winchester palace, or one of his other manors, according to the system
prevalent at the time, followed for centuries after in West Wales, viz.
the system of the ‘night’s entertainment’ (_firma unius noctis_)--a
system followed by tribal chieftains and their Royal successors in
Scandinavia as well as in Britain.
When the Domesday survey was made of what was once West Wales there was
found still existing, especially in Dorsetshire, the survival of a very
practical arrangement of Royal food rents which may have been in use in
King Ine’s time and date back possibly before the West Saxon conquests.
Some portions of the ‘terra Regis’ scattered about the county of Dorset
are grouped in the survey so that each group might supply the _firma
unius noctis_, the money equivalent of which is stated to be 104_l._,
_i.e._ 2_l._ per night’s entertainment for one night each week in the
year. This mode of providing the _firma unius noctis_ is illustrated by
the legend which represents King Ine himself and his queen as moving from
manor to manor for each night’s entertainment, their moveable palace of
poles and curtains being carried before them from place to place upon
sumpter mules.
Now, if we might regard the gesithcundman as one of a class to whom ten
hides or twenty hides had been allotted by King Ine on a system providing
in this practical way _inter alia_ for the night’s entertainments, it
would be natural that the food rent of the unit of ten hides should be
fixed. And further, it would be natural that if the gesithcundman should
wish to throw up his post and desert the land entrusted to his management
he should be restricted, as we have seen, by conditions intended to
secure that the provision for the King’s entertainment or gafol in lieu
of it should not materially suffer.
[Sidenote: The gesithcundman sometimes evicted.]
We have seen that as the ealdorman was to lose his ‘shire’ if he let go a
thief, so the gesithcundman was to pay a fyrdwite, and to lose his _land_
if he neglected the _fyrd_. It was possible, then, that he might have
to be evicted. And a clause in the Dooms of Ine has already been quoted
which seems to refer to the eviction of a gesithcundman.
Be gesiðcundes monnes dræfe of londe.
(68) If a gesithcundman be driven off land.
Gif mon gesiðcundne monnan adrife, fordrife þy botle næs þære
setene.
Public-domain text, read in full here on John Shaqi.
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