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: The twy-hynde class was the dependent class of gafolgeldas,
with a lower wergeld.]
It might at first sight be supposed that this twy-hynde condition of the
dependent class in England, so far as it may have included Anglo-Saxons,
must have been the result of degradation in social status between the
first settlements and the time of King Alfred, but we have sought in
vain for evidence of an earlier higher position in the Laws of King Ine.
And, on the whole, even when regarded solely from a tribal point of
view, it does not seem unlikely that strangers in blood and freedmen and
dependent followers of the conquering chieftains should find themselves
after conquest and settlement in the economic condition of tenants and
gafolgeldas on the lands of protecting lords. Nor would it be strange
that, when in a new country and under other influences this uniform
dependent economic condition had once become a general fact, the whole
class, in spite of variety of origins, should find itself marked by a
twy-hynde wergeld.
[Sidenote: The twy-hynde class were equated.]
It does not follow, however, that because in the compact between Alfred
and Guthrum the twy-hynde class were reckoned as equally dear with the
Norse leysing that the Anglo-Saxon ‘ceorl who sits on gafol-land’ was
generally in as low a social position as the Norse newly made freedman.
It is enough that according to the evidence, he was a dependent tenant,
let us say, under the lordship of a twelve-hynde man or if settled upon
royal demesne of some gesith or official of the king.
[Sidenote: With the Norse leysing.]
Still it may be well to look once again at the position of the Norse
leysing, because, after all, it is with the leysing that the Anglo-Saxon
twy-hynde gafolgelda was equated in a compact made after King Alfred’s
victory, and so when the two chieftains seemed to be treating on equal
terms. Surely King Alfred was not intending to degrade the Anglo-Saxon
dependent class. Presumably he was making a good bargain for them.
[Sidenote: The low condition of the leysing.]
Public-domain text, read in full here on John Shaqi.
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