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
Reverting once more to the compact between Alfred and Guthrum, Dane
and English are to be equally dear at eight half-marks of gold. The
Englishman, without any limiting adjective, is the twelve-hynde man. And
he is put on a level with the Danish typical free landholder, the hauld
or odalman of the Norse laws, whose wergeld under Norse law was that
of the typical freeman everywhere--equivalent to the normal wergeld of
200 gold solidi, the mina of gold, the traditional wergeld of 100 head
of cattle. It was six times that of the Norse leysing, just as the
twelve-hyndeman’s wergeld in England was six times that of the ‘ceorl who
sits on gafol land.’
The English twelve-hynde man is therefore put on a level with the Norse
odaller or typical landholder. And so, as we have seen, the ceorl who
rose by the middle rungs of the ladder into the twelve-hynde position
had _inter alia_ to become a landholder of 5 hides, and his family
became gesithcund only after the landholding had continued to the fourth
generation. His great-grandchildren then became gesithcund with a
twelve-hynde wergeld.
[Sidenote: Twelve-hynde men were landholders.]
The twelve-hyndemen were therefore landholders, surrounded, in principle
at least if not always in practice, by a kindred. But what kind of a
landholding was it?
[Sidenote: Position of the first settlers.]
Approaching the question strictly from a tribal point of view, the
solidarity of the kindred involved in the payment and receipt of wergelds
would certainly suggest that those who had a right to receive and the
obligation to pay held a position in their kindred quite different from
that of the modern individual owner of land.
The analogy of Welsh and Irish and Salic and Norse and Scanian tribal
custom would lead us to infer that the Anglo-Saxon settlers in England
must have brought with them traditions of tribal or family ownership more
or less of the type of the Cymric gwely, though doubtless modified by
emigration and settlement in a new country.
[Sidenote: Separation from their kindreds threw them on the protection of
the king.]
Public-domain text, read in full here on John Shaqi.
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