CHAPTER V.

_MANORS AND SERFDOM UNDER SAXON RULE._

I. THE SAXON 'HAMS' AND 'TUNS' WERE MANORS WITH VILLAGE COMMUNITIES

IN SERFDOM UPON THEM.

«The _hams_ and _tuns_ were manors.»

Having now ascertained that the open field system was prevalent

during Saxon, and probably pre-Saxon times, we have next to inquire

whether the 'hams' and 'tuns' to which the common fields belonged

were manors--_i.e._ estates with a village community in serfdom upon

them--or whether, on the contrary, there once dwelt within them

a free village community holding their yard-lands by freehold or

allodial tenure.

Let us at once dismiss from the question the word 'manor.' It was

the _name_ generally used in the Domesday Survey, for a _thing_

described in the Survey as already existing at the time of Edward the

Confessor. The estate called a manor was certainly as much a Saxon

institution under the Confessor as it was a _Norman_ one afterwards.

The Domesday book itself does not always adhere to this single word

'_manor_' throughout its pages. [p127]

The word _manerium_ gives place in the Exeter Survey to the word

_villa_ for the whole manor, and _mansio_ for the manor-house;

and the same words, _villa_ and _mansio_, are also used in the

instructions[153] given at the commencement of the _Inquisitio

Eliensis_. It is perfectly clear, then, that what was called a

_manor_ or _villa_, both in the west and in the east of England, was

in fact the estate of a lord with a village community in villenage

upon it.

In the Boldon Book also the word _villa_ is used instead of manor.

So in Saxon documents the whole manor or estate was called by various

names, generally '_ham_' or '_tun_.'

«King Alfred's will.»

In King Alfred's will[154] estates in the south-east of England,

including the villages upon them, which by Norman scribes would have

been called manors, are described as _hams_ (the _ham_ at such a

place). In the old English version of the will given in the 'Liber de

Hyda'[155] the word '_twune_' is used to translate 'ham,' and in the

Latin version the word 'villa.'[156]

«Parable of the prodigal son.»

In the Saxon translation of the parable of the prodigal son, the

country estate of the citizen--the '_burh-sittenden man_'--to which

the prodigal was sent to feed swine, and where he starved upon the

'bean-cods' that the swine did eat, was the citizen's '_tune_.'[157]

So that the '_hams_' and '_tuns_' of Saxon times were in fact

commonly private estates with villages upon them, _i.e._ manors.

«Grants of whole manors.»

This fact is fully borne out by the series of Saxon [p128] charters

from first to last. They generally, as already said, contain grants

of _whole_ manors in this sense, including the villages upon them,

with all the village fields, pastures, meadows, &c., embraced within

the boundaries given. And these boundaries are the boundaries of the

_whole village or township_--_i.e._ of the whole estate.

«Saxon words.»

Further, a careful examination of Anglo-Saxon documents will show

that the Saxon manors, not only at the time of Edward the Confessor,

as shown by the Domesday Survey, but also long previously, were

divided into the land of the lord's _demesne_ and the land _in

villenage_, though the Norman phraseology was not yet used. The lord

of the manor was a _thane_ or '_hlaford_.' The demesne land was the

_thane's inland_. All classes of villeins were called _geneats_. The

land in villenage was the _geneat-land_, or the _gesettes-land_,

or sometimes the _gafol-land_. And further, this _geneat-_, or

_gesettes-_, or _gafol-land_ was composed, like the later land in

villenage, of hides and yard-lands, whilst the villein tenants of it,

as in the Domesday Survey, were divided mainly into two classes: (1)

the _geburs_ (villani proper), or holders of yard-lands; and (2) the

_cottiers_ with their smaller holdings. Beneath these two classes of

holders of _geneat_ land were the _theows_ or slaves, answering to

the _servi_ of the Survey. Lastly, there is clear evidence that this

was so as early as the date of the laws of King Ine, which claim to

represent the customs of the seventh century.

To the proof of these points attention must now be directed. [p129]

II. THE RECTITUDINES SINGULARUM PERSONARUM.

In order to make these points clear, attention must be turned to a

remarkable document, the Saxon version of which dates probably from

the tenth, and the Latin translation from the twelfth century.[158]

«The '_Rectitudines_,' tenth century.»

It is entitled the '_Rectitudines Singularum Personarum_,' which may

be translated '_the services due from various persons_.'

It commences with two general sections, the first relating to the

services of the '_thane_,' and the second to those of the '_geneat_.'

«Thane's services.»

«Geneat's or villein's services.»

ÐEGENES LAGU.

Degenes lagu is ꝥ he sy his boc-rihtes wyrðe. ⁊ ꝥ he ðreo ðinc

of his lande do. fyrd-færeld. ⁊ burhbote ⁊ bryc-geweorc. Eac of

manegum landum mare land-riht arist to cyniges gebanne. swilce

is deorhege to cyniges hame. ⁊ scorp to frið-scipe. ⁊ sæ-weard.

⁊ heafod-weard. ⁊ fyrd-weard. ælmes-feoh. ⁊ cyric-sceat. ⁊

mænige oðeremistliceðingc. ►

TAINI LEX.

Taini lex est, ut sit dignus rectitudine testamenti sui, et ut

ita faciat pro terra sua, scilicet, expeditionem, burh-botam

et brig-botam. Et de multis terris majus landirectum exurgit

ad bannum regis, sicut est deorhege ad mansionem regiam et

sceorpum inhosticum, et custodiam maris et capitis, et pacis,

et elmesfeoh, id est pecunia elemosine et ciricsceatum, et alie

res multimode.

THANE'S LAW.

_The thane's law is that he be worthy of his_ boc-rights, _and

that he do three things for his land_, fyrd-færeld, burh-bot,

_and_ brig-bot. _Also from many lands more land-services are

due at the king's bann, as deer-hedging at the king's_ ham,

_and apparel for the guard, and_ sea-ward _and_ head-ward _and_

fyrd-ward _and_ almsfee _and_ kirkshot, _and many other various

things_. [p130]

GENEATES RIHT.

Geneat-riht is mistlic be ðam ðe on lande stænt. On sumon he

sceal land-gafol syllan ⁊ gærsswyn on geare. ⁊ ridan ⁊ auerian

⁊ lade lædan. wyrcan ⁊ hlaford feormian. ⁊ ripan ⁊ mawan.

deorhege heawan. ⁊ sæte haldan. bytlian. ⁊ burh hegegian

nige faran to tune feccan. cyric-sceat syllan ⁊ ælmes-feoh.

heafod-wearde. healdan ⁊ hors-wearde. ærendian. fyr swa nyr.

swa hwyder swa him mon to-tæcð. ►

VILLANI RECTUM.

Villani rectum est varium et multiplex, secundum quod in terra

statutum est. In quibusdam terris debet dare landgablum et

gærsswin, id est, porcum herbagii, et equitare vel averiare, et

summagium ducere, operari, et dominum suum firmare, metere et

falcare, deorhege cedere, et stabilitatem observare, edificare

et circumsepire, novam faram adducere, ciricsceatum dare et

almesfeoh, id est, pecuniam elemosine, heafod-wardam custodire

et horswardam, in nuncium ire, longe vel prope, quocunque

dicetur ei.

GENEAT'S SERVICES.

_The geneat's services are various as on the land is fixed. On

some he shall pay_ land-gafol _and_ grass-swine _yearly, and

ride, and carry, and lead loads; work and support his lord, and

reap and mow, cut deer-hedge and keep it up, build, and hedge

the_ burh, _make new roads for the_ tun: _pay_ kirkshot _and_

almsfee: _keep_ head-ward _and_ horse-ward: _go errands far or

near wherever he is directed_.

Then follow what really are sub-sections of the latter clause, and

they describe the services of the various classes of _geneats_; first

of the cottiers.

«Cottier's services.»

KOT-SETLAN RIHT.

Kote-setlan riht. be ðam ðe on lande stent. On sumon he sceal

ælce Mon-dæge ofer geares fyrst his laforde wyrcan. oðð .III.

dagas ælcre wucan on hærfest.

ne ðearf he land-gafol syllan. Wim ge-byriað [.V.] æceras to

habbanne. mare gyf hit on lande ðeaw sy. ⁊ to lytel hit bið beo

hit a læsse. forðan his weorc sceal beon oft-ræde. sylle his

heorð-pænig on halgan Ðunres dæg. eal swa ælcan frigean men

gebyreð. ⁊ werige hid hlafordes inland. gif him man beode. æt

sæ-wearde ⁊ æt cyniges deor-hege. ⁊ æt swilcan ðingan swilc his

mæð sy. ⁊ sylle his cyric-sceat to Martinus mæssan. ►

COTSETLE RECTUM.

Cotsetle rectum est juxta quod in terra constitutum est. Apud

quosdam debet omni die Lune per anni spatium operari domino

suo, et tribus diebus unaquaque septimana in Augusto. Apud

quosdam operatur per totum Augustum, omni die, et unam acram

avene metit pro diurnale opere. Et habeat garbam suam quam

præpositus vel minister domini dabit ei. Non dabit landgablum.

Debet habere quinque acras ad perhabendum, plus si consuetudo

sit ibi, et parum nimis est si minus sit quod deservit, quia

sepius est operi illius. Det super heorðpenig in sancto die

Jovis, sicut omnis liber facere debet, et adquietet inland

domini sui, si submonitio fiat de sewarde, id est de custodia

maris, vel de regis deorhege, et ceteris rebus que sue mensure

sunt; et det suum cyricsceatum in festo Scĩ Martini.

COTTIER'S SERVICES.

_The cottier's services are what on the land is fixed. On some

he shall each Monday in the year work for his lord, and three

days a week in harvest._

_He ought not to pay_ land-gafol. _He ought to have_ five

acres _in his holding, more if it be the custom on the land,

and too little it is if it be less: because his work is often

required. He pays_ hearth-penny _on Holy Thursday, as pertains

to every freeman, and defends his lord's inland, if he is

required, from_ sea-ward _and from king's_ deer-hedge, _and

from such things as befit his degree. And he pays his kirkshot

at Martinmas_.

Then the services of the _gebur_ or holder of a _yard-land_ are

described as follows:--

«Gebur's services.»

«Week-work.»

«Gafol.»

«Bene-work.»

«Gafol-yrth.»

«Outfit of two oxen to yard-land.»

GEBURES GERIHTE.

Gebur-gerihta syn mislice. gehwar hy syn hefige. gehwar eac

medeme. on sumen lande is ꝥ he sceal wyrcan to wic-weorce .II.

dagas. swilc weorc swilc him man tæcð ofer geares fyrst. ælcre

wucan. ⁊ on hærfest .III. dagas to wic-weorce. ⁊ of Candelmæsse

oð Eastran .III. gif he aferað ne ðearf he wyrcan ða hwile

ðe his hors ute bið. He sceal syllan on Michaeles mæsse-dæig

.X. gafol-ƥ. ⁊ on Martinus mæsse-dæg .XXIII. systra beres.

⁊ II. henfugelas. on Eastran an geong sceap. oððe .II. ƥ. ⁊

he sceal licgan of Martinus mæssan oð Eastran æt hlafordes

falde. swa oft swa him to-begæð. ⁊ of ðam timan ðe man ærest

ereð oð Martinus mæssan he sceal ælcre wucan erian .I. æcer.

⁊ rædan sylf ꝥ sæd on hlafordes berne. to-eacan ðam .III.

æceras to bene. ⁊ .II. to gærsyrðe. gyf he maran gærses beðyrfe

ðonne earnige [erige?] ðæs swa him man ðafige. His gauol-yrðe

.III. æceras erige ⁊ sawe of his aganum berne. ⁊ sylle his

heorð-pænig. twegen ⁊ twegen fedan ænne heador-hund. ⁊ ælc

gebur sylle .VI. hlafas ðam in-swane ðonne he his heorde to

mæs-tene drife. On ðam sylfum lande ðe ðeos ræden on-stænt

gebure gebyreð ꝥ him man to land-setene sylle .II. oxan ⁊ .I.

cu. ⁊ .VI. sceap. ⁊ .VII. æceras gesawene on his gyrde landes.

forðige ofer ꝥ gear ealle gerihtu ðe him to-gebyrigean. ⁊ sylle

him man tol to his weorce ⁊ andlaman to his huse. Ðonne him

forð-sið gebyrige gyme his hlaford ðæs he læfe. ►

Ðeos land-lagu stænt on suman lande. gehwar hit is swa ic ær

cwæð hefigre gehwar eac leohtre. forðam ealle land-sida ne syn

gelice. On sumen lande gebur sceal syllan hunig-gafol. on suman

mete-gafol. on suman ealu-gafol. Þedeseðe scirehealde ꝥ he wite

á hwæt eald land-ræden sy. ⁊ hwæt ðeode ðeaw. ►

GEBURI CONSUETUDINES.

Geburi consuetudines inveniuntur multimode, et ubi sunt

onerose et ubi sunt leviores aut medie. In quibusdam terris

operatur opus septimane, II. dies, sic opus sicut ei dicetur

per anni spatium, omni septimana; et in Augusto III. dies pro

septimanali operatione, et a festo Candelarum ad usque Pascha

III. Si averiat, non cogitur operari quamdiu equus ejus foris

moratur. Dare debet in festo Scĩ Michaelis X. đ. de gablo, et

Scĩ Martini die XXIII., et sestarium ordei, et II. gallinas.

Ad Pascha I. ovem juvenem vel II. đ. Et jacebit a festo Scĩ

Martini usque ad Pascha ad faldam domini sui, quotiens ei

pertinebit. Et a termino quo primitus arabitur usque ad festum

Scĩ Martini arabit unaquaque septimana I. acram, et ipse

parabit semen domini sui in horreo. Ad hæc III. acras precum,

et duas de herbagio. Si plus indigeat herbagio, arabit proinde

sicut ei permittatur. De aratura gabli sui arabit III. acras,

et seminabit de horreo suo et dabit suum heorðpenig; et duo

et duo pascant unum molossum. Et omnis geburus det VI. panes

porcario curie quando gregem suum minabit in pastinagium. In

ipsa terra ubi hec consuetudo stat, moris est ut ad terram

assidendam dentur ei II. boves et I. vacca, et VI. oves, et

VII. acre seminate, in sua virgata terra. Post illum illum

annum faciat omnes rectitudines que ad eum attinent; et

committantur ei tela ad opus suum et suppellex ad domum suam.

Si mortem obeat, rehabeat dominus suus omnia.

Hæc consuetudo stat in quibusdam locis, et alicubi est, sicut

prediximus, gravior, et alicubi levior; quia omnium terrarum

instituta non sunt equalia. In quibusdam locis gebur dabit

hunigablum, in quibusdam metegablum, in quibusdam ealagablum.

Videat qui scyram tenet, ut semper sciat que sit antiqua

terrarum institutio, vel populi consuetudo.

GEBUR'S SERVICES.

_The Gebur's services are various, in some places heavy, in

others moderate. On some land he must work at_ week-work _two

days at such work as he is required through the year every

week, and at harvest three days for_ week-work, _and from

Candlemas to Easter three. If he do carrying he has not to

work while his horse is out. He shall pay on Michaelmas Day_

x. _gafol-pence, and on Martinmas Day_ xxiii. _sesters of

barley and two hens; at Easter a young sheep or two pence;

and he shall lie from Martinmas to Easter at his lord's fold

as often as he is told. And from the time that they first,

plough to Martinmas he shall each week plough one acre, and

prepare himself the seed in his lord's barn. Also_ iii. _acres_

bene-work, _and_ ii. _to_ grass-yrth. _If he needs more grass

then he ploughs for it as he is allowed. For his_ gafol-yrth

_he ploughs_ iii. _acres, and sows it from his own barn. And he

pays his_ hearth-penny. _Two and two feed one hound, and each

gebur gives_ vi. _loaves to the swineherd when he drives his

herd to mast. On that land where this custom holds it pertains

to the gebur that he shall have given to him for his outfit_

ii. _oxen and_ i. _cow and_ vi. _sheep, and_ vii. _acres sown

on his_ yard-land. _Wherefore after that year he must perform

all services which pertain to him. And he must have given to

him tools for his work, and utensils for his house. Then when

he dies his lord takes back what he leaves._

_This land-law holds on some lands, but here and there, as I

have said, it is heavier or lighter, for all land services are

not alike. On some land the gebur shall pay_ honey-gafol, _on

some_ meat-gafol, _on some_ ale-gafol. _Let him who is over the

district take care that he knows what the old land-customs are,

and what are the customs of the people._

Then follow the special services of the beekeeper, oxherd, cowherd,

shepherd, goatherd, &c, upon which we need not dwell here; and the

document concludes with another declaration that the services vary

according to the custom of each district. [p134]

«Correspondence with the Domesday Survey.»

This important document is therefore a general description of the

services due from the thane to the king, and from the classes in

villenage to their manorial lord. And it might be the very model

from which the form of the Domesday Survey was taken. Both, in

fact, first speak of the lord of the manor, and then of the villein

tenants; the latter being in both cases divided into the two main

classes of villani and cottiers; for, as already stated, the Saxon

_thane_ answered to the Norman _lord_, the Saxon _gebur_ answered to

the _villanus_ of the Survey, and the _cotsetle_ to the cottier or

_bordarius_ of the Survey. But these various classes require separate

consideration.

III. THE THANE AND HIS SERVICES.

«The thane's 'three needs.'»

The '_Rectitudines_' begins with the thane or lord of the manor;

and informs us that he owed his military and other services (for

his manor) to the king--always including the three great needs--the

_trinoda necessitas_; viz. (1) to accompany the king in his military

expeditions, or _fyrd_; (2) to aid in the building of his castles, or

_burhbote_; (3) to maintain the bridges, or _brigbote_.

«Thane's 'inland.'»

The lord's demesne land was called the 'thane's inland.' So, too, in

a law of King Edgar's already quoted, the tithes are ordered to be

paid 'as well on the _thane's inland_ as on _geneat land_,' showing

that this distinction between the two was exhaustive.

So also in Scotland, where the old Saxon words were not so soon

displaced by Norman terms as in [p135] England, the lord of a

manor was long called the _thane_ of such and such a place. In the

chronicler Wintoun's story of Macbeth, as well as in Shakespeare's

version of it, there are the 'thane of Fyfe' and the 'thane of

Cawdor.'

«Scotch example of burhbote.»

And the circumstance which, according to Wintoun, gave rise to

Macbeth's hatred of Macduff is itself a graphic illustration of the

'burhbote,' or aid in castle-building due from the thane to his

king:--

And in Scotland than as kyng

This Makbeth mad gret steryng

And set hym than in hys powere

A gret hows for to mak off were

Upon the hycht off Dwnsynane.

Tymbyr thare-till to draw and stane

Off Fyfe and off Angws he

Gert mony oxin gadryd be.

Sa on a day in thare traivaile

A yhok off oxyn Makbeth saw fayle,

Than speryt Makbeth quha that awcht

The yhoke that fayled in that drawcht.

Thai awnsweryd till Makbeth agayne,

And sayd, 'Makduff off Fyffe the Thane

That ilk yhoke off oxyn awcht

That he saw fayle in to the drawcht.'

Than spak Makbeth dyspytusly,

And to the Thane sayd angryly,

Lyk all wythyn in hys skin,

Hys awyn nek he suld put in

The yhoke and gev hym drawchtis drawe.[159]

«The thane as a soldier.»

But the military service was by far the most important of 'the three

needs' or services due from the thane to the king. The thane was a

_soldier_ first of all things. The very word _thane_ implies this. In

translating the story of the centurion who had soldiers under him,

the Saxon Gospel makes the [p136] 'Hundredes ealdor' say, '_I have

thanes_ under me' (ic hæbbe þegnas under me).[160] And though the

text of the translation may not be earlier than the tenth century,

yet, as the meaning of words does not change suddenly, it shows that

the military service of the thane dated from a still earlier period.

And just as in Norman times the barons and their Norman followers

(_Francigenæ eorum_) were marked off from the population in villenage

as companions or associates of the king or some great earl, or as

they might now be called 'county men,' so the Saxon thanes 400 years

before the Norman Conquest were 'Gesithcundmen,' in respect of

their obligation to 'do fyrd-færeld,' _i.e._ to accompany the king

in his royal expeditions. But this association with the king did

not break the bond of _service_. By the laws of King Ine[161] the

_gesithcundmen_ were fined and forfeited their land if they neglected

their 'fyrd:'--

LI. Gif gesiðcund mon land-agende forsitte fyrde geselle .c.xx.

scill. ⁊ þolie his landes.

51. If a gesithcund man owning land neglect the _fyrd_, let him

pay cxx. shillings and forfeit his land.

«As a landlord.»

But the 'gesithcund' thanes were landlords as well as soldiers. And

King Ine found it needful to enact laws to secure that they performed

their landlord's duties. They must not absent themselves from their

manors without provision for the cultivation of the land. When he

_færes_, _i.e._ goes on long expeditions, a gesithcundman may take

with him on his journey his reeve, his smith to forge his weapons,

and his child's fosterer, or nurse.[162] But if he have xx. hides of

land, he must show xii. hides at least of [p137] gesettes land on

his manor; if he have x. hides, vi. hides of gesettes land; and if

he have iii. hides, one and a half hides of gesettes land before he

absents himself from his manor.[163]

«The _geneat_, _geset_, or _gafol_ land.»

That 'geset land' was a general and rather loose term meaning the

same thing as 'geneat land' is clear from a charter of A.D. 950,

which will be referred to hereafter, wherein a manor is described

as containing xxx. hides, ix. of inland and xxi. of 'gesettes

land,' and the latter is said to contain so many yard-lands ('gyrda

gafol-landes'). This instance also helps us to understand how

_gafol land_, and _gesettes land_, and _geneat land_ were all

interchangeable terms--all, in fact, meaning 'land in villenage,' to

the tenants on which we must now turn our attention.

IV. THE GENEATS AND THEIR SERVICES.

«_Geneat_ land was land in villenage.»

It has been shown that the Saxon thane's estate or manor was divided

into _thane's inland_ or demesne land, and _geneat land_ or _gesettes

land_, answering to the land in villenage of the Domesday Survey. Let

us now examine into the nature of the villenage on the geneat land

under Saxon rule.

'Gesettes land' etymologically seems to mean simply land set or let

out to tenants. In the parable of the vineyard, the Saxon translation

makes the '_wíngeardes hlaford[164] gesette_' it out to husbandmen

(gesette þone myd eorð-tylion) before he takes his journey into a far

country, and the husbandmen are to pay him as tribute a portion of

the annual fruits. [p138]

«Need of husbandmen.»

In early times, when population was scanty, there was a lack of

husbandmen.

King Alfred, in his Saxon translation of Boethius, into which

he often puts observations of his own, expresses in one of the

most often quoted of these interpolations what doubtless his own

experience had shown him, viz., that 'a king must have his tools to

reign with--his realm must be well peopled--full manned.' Unless

there are priests, soldiers, and workmen--'_gebedmen_, _fyrdmen_, and

_weorcmen_'--no king, he says, can show his craft.[165]

We are to take it, then, that population was still scanty, that a

thane's manor was not always as well stocked with husbandmen as the

necessities of agriculture required. The nation must be fed as well

as defended, and both these economic needs were imperative. How,

then, was a thane to plant new settlers on his 'gesettes-land'?

«_Settene stuht_, or outfit of _geburs_.»

We have seen the Kelso monks furnishing their tenants with their

outfit or '_stuht_'--the two oxen needful to till the husbandland

of two bovates; also a horse, and enough of oats, barley, and wheat

for seed. The '_Rectitudines_' shows that in the tenth century this

custom had long been followed by Saxon landlords. It further shows

that the new tenants so created were settled on _yard-lands_, and

called _geburs_.

«Two oxen to yard-land.»

It states that in some places it is the custom that in settling the

_gebur_ on the land, there shall be given to him 'to _land setene_'

(_i.e._ as 'stuht' or outfit) two oxen, one cow, six sheep, and seven

acres sown on his _yard-land_ or virgate. Then after the first year

[p139] he performs the usual services. Having been supplied by his

lord, not only with his stuht, but also even with tools for his work

and utensils for his house, it is not surprising that on his death

everything reverted to his lord.

The gebur here answers exactly to the villanus of post-Domesday

times.[166] His normal holding is the _yard-land_ or virgate. His

_stuht_, which goes with the yard-land 'to setene,' or for outfit,

is two oxen, one cow, &c.; _i.e._ one ox for each of the two bovates

which made up the yard-land.

That this was the usual outfit of the yard-land, and that the

yard-land at the same time was the one-fourth part of the _sulung_

or full plough-land, in still earlier times than the date of the

'_Rectitudines_,' receives clear confirmation from an Anglo-Saxon

will dated A.D. 835, in which there is a gift of '_an half swulung_,'

and 'to ðem londe iiii oxan & ii cy & 1 scepa,' &c.[167] The

_half-sulung_ being the double of the yard-land, it is natural that

the allowance for outfit in [p140] the bequest of oxen and cows

should be just double the outfit assigned by custom to the yard-land.

It is obvious that the allotment to the whole _sulung_ would be a

full team of eight oxen.

«Services.»

The gebur, then, having been 'set' upon his yard land by his lord,

and supplied with his _setene_ or 'stuht,' had to perform his

services.

What were these services?

An examination of them as stated in the '_Rectitudines_' will show at

once their close resemblance to those of the holders of virgates in

villenage in post-Domesday times.

They may be classified in the same way as these were classified.

«Gafol.»

Some of them are called _gafol_; _i.e._ they were _tributes_ in money

and in kind, and in work at ploughing, &c., in the nature rather of

rent, rates, and taxes than anything else. They were as follows:

«_Gafol-yrth._»

At _Michaelmas_ x. gafol-pence.

At _Martinmas_ xxiii. sesters of barley and ii. hens.[168]

At _Easter_ a young sheep, or ii.d.

Of gafol-ploughing (_gafol_-yrð) to plough three acres, and sow

it from his barn.

The hearth-penny.

With another gebur to feed a hound.

Six loaves to the swineherd of the manor, when he takes the

flock to pasture.

In some places the gebur gives _honey-gafol_, in some

_mete-gafol_, and in some _ale-gafol_.

«_Bene_-work.»

Next there were the _precariæ_ or _bene-work_, extra special services:

To plough three acres 'to bene' (_ad precem_), and two to

'gærsyrðe.'[169] [p141]

«Week-work.»

Lastly, the chief services were the regular _week-work_ (wic-weorc),

generally limited to certain days a week according to the season.

'He shall work for week-work two days at such work as he is

bid throughout the year, each week; and in August three days'

week-work, and from Candlemas to Easter three days.'

«Thirty acres in yard-land; ten in each field.»

These were the services of the _gebur_ or _villanus_, and we may

gather that his yard-land embraced the usual thirty acres or strips,

_i.e._ ten strips in each of the three common fields of his village.

This seems to follow from the fact that his outfit included '_seven

acres sown_.' These seven acres were no doubt on the wheat-field

which had to be sown before winter. It was seven acres, and not ten,

because the crop on the other three counted as 'gafolyrð' to his

lord, and this was not due the first season. The oats or beans on the

second or spring-sown field he could sow for himself. The third field

was in fallow. The only start he required was therefore the seven

acres of wheat which must be sown before winter.

So much for the _gebur_; now as to the _cottier_.

«Cottier's holding of five acres, and his services.»

The cottier tenant, in respect of his five acres (more or less),

rendered similar services on an humbler scale. His week-work was on

Mondays each week throughout the year, three days a week at harvest.

He was free from land-gafol, but paid hearth-penny and church-scot

at Martinmas. The nature of his work was the ordinary service of

the geneat as [p142] required by his lord from time to time; only,

having no oxen, he was exempt from ploughing, as he was also after

the Norman Conquest.

V. THE DOUBLE AND ANCIENT CHARACTER OF THE SERVICES OF THE

GEBUR--GAFOL AND WEEK-WORK.

Returning to the services of the gebur, stress must be laid upon

their double character. Like the later _villanus_ he paid a double

debt to his lord in respect of his yard-land and outfit, or

'_setene_'--(1) _gafol_; (2) week-work.

«Laws of King Ine.»

This is a point of great importance at this stage of the inquiry;

for it gives us the key to the meaning of an otherwise almost

unintelligible passage in the laws of King Ine[170], which bears

directly upon the matter in hand.

«Geset-land.»

This passage immediately follows those already quoted, requiring

one-half or more of the land of the absentee landlord to be 'gesettes

land.'

It follows in natural order after this requirement, because it

evidently relates to the process of increasing the number of tenants

on the gesettes land, so introducing new geburs or villani, with new

yard-lands or virgates, into the village community. The clause is as

follows:

«Yard-land.»

«_Gafol_ and _weorc_.»

BE GYRDE LONDES.

Gif mon geþingað gyrðe lander oþþe mære to pæðe-gafole. ⁊

geereð. gif se hlaforð him pile ꝥ lanð aræran to weorce ⁊ to

gafole. ne þearf he him onfón gif he lum nan botl ne selð. . . .

OF A YARD OF LAND.

If a man agree for a yard-land or more at a fixed _gafol_ and

plough it, if the lord desire to raise the land to him _to work

and to gafol_, he need not take it upon him, if the lord do not

give him a dwelling. . . . [p143]

The meaning of it apparently is that if a man agree for a yard-land

or more to 'ræd-gafol' (_i.e._ at such gafol payments as have been

described), and plough it, still the lord cannot put the new holding

'_to weorce_ and _to gafole_,' that is, make the holder completely

into a _gebur_ or villanus, owing both gafol and week-work to his

lord, unless the lord also supply the homestead ('botl').

That the 'botl' or homestead was looked upon as the essential part of

a man's holding is shown by another law of King Ine:--

LXVIII. Gif mon gesiðcundne monnan adrife. fordrife þy botle.

næs þære setene. ►

68. If a gesithcund man be driven off, it must be from the

_botl_, not the _setene_.

«The manor and serfdom in seventh century.»

Now the importance of these passages can hardly be exaggerated;

for, if we may trust the genuineness of the laws of King Ine,[171]

they show more clearly than anything else could do, that in the

seventh century--400 years before the Domesday Survey--the manor was

already to all intents and purposes what it was afterwards. They

show that at that early date part of the land was in the lord's

demesne and part let out to tenants, who when supplied by the lord

with everything--their homestead and their yard-land--owed, not

only customary tribute or _gafol_, but also '_weorc_' or service

to the lord; and how otherwise could this 'weorce' be given then

or afterwards [p144] except in the shape of labour on the lord's

demesne, as is described in the '_Rectitudines_'?

It is worth while to notice that while the double debt of both gafol

and week-work was due from the _gebur_ or _villanus_ proper, and the

week-work was the most servile service, yet even the mere payment

of gafol was the sign of a submission to an overlordship. It had a

servile taint about it, as well it might, being paid apparently part

in kind and part in work. As the class of free hired labourers had

not yet been born into existence under these early Saxon economic

conditions, in times when the _theows_ were the servants, so the

modern class of farmers or free tenants at a rent of another's land

had not yet come into being. It was the 'ceorl' who lived on 'gafol

land,'[172] and to pay gafol was to do service, though of a limited

kind.

«_Gafol_ a servile _tribute_.»

The Saxon translators of the Gospels rendered the question, 'Doth

your master pay tribute?'[173] by the words '_gylt he gafol?_' And

they used the same word _gafol_ also in translating the counter

question, 'Of whom do kings take _tribute_, of their own people or of

aliens?'

«Bede.»

So when Bede described the northern conquest of Ethelfred, king of

the Northumbrians, over the Britons in A.D. 603, and spoke of the

inhabitants as being either exterminated or subjugated, and their

lands as either cleared for new settlers or _made tributary_ to

the English, King Alfred in his translation expressed [p145] the

latter alternative by the words 'set to gafol'--_to gafulgyldum

gesette_.[174]

No doubt the Teutonic notion of a subjugated people was that of a

people reduced to serfdom or villenage. _They_--the conquerors--were

the nation, the freemen. The conquered race were the aliens,

subjected to _gafol_ and servitude.

«Parable of 'the unjust steward.'»

Thus, recurring to the Saxon translation of the parable of 'the

unjust steward,' one may recognise how perfectly naturally everything

seemed to the translators to transfer itself to a Saxon thane's

estate, and to translate itself into Saxon terms.[175]

The '_hlaford_' of the '_tun_' or manor had his '_tun-gerefa_'

or reeve, just as the Saxon thane had. The land in villenage was

occupied not by mere trade debtors of the lord, as our version has

it, but by '_gafol-gyldan_'--tenants to whom land and goods of the

lord had been entrusted, as Saxon tenants were entrusted with their

'setene,' and who, therefore, paid _gafol_ or tribute in kind. The

natural _gafol_ of the tenant of an olive-garden would be so many

'sesters' of oil. The tenant of corn land would pay for _gafol_,

like the English tenant of a yard-land _inter alia_ so [p146]

many 'mittan' of wheat; and it was the duty of the unrighteous

'tun-gerefa,' or reeve of the manor, to collect the _gafol_ from

these tenants, as it was the duty of the Saxon thane's reeve to

gather the dues from his servile tenants.

How many otherwise free tenants hired yard-lands without becoming

_geburs_, and rendering the full _week-work_ as well as _gafol_, we

do not know. Except in the Danish district they seem to have left,

as we have seen, no trace behind them on most manors in the Domesday

Survey. The fact already mentioned, that the yard-lands of _geburs_,

who owed both gafol and services, were sometimes called '_gyrda

gafollandes_,' shows how completely the _gafol_ and the services had

become united as coincidents of a common villein tenure. All villein

tenants were apparently 'geneats' and paid 'gafol,' and there is a

passage in the laws of King Edgar which states that if a _geneat-man_

after notice should persist in neglecting to pay his lord's _gafol_,

he must expect that his lord in his anger will spare _neither his

goods nor his life_.[176]

«Completeness of the evidence to the seventh century.»

On the whole, leaving out of notice doubtful and exceptional tenants,

as well we may, we are now in a position to state generally what were

the main classes of villein tenants in early Saxon times, and what

were their holdings on the land in villenage, whether it were known

as _geneat_, or _geset_, or _gafol_ land.

_First_, the '_Rectitudines_,' of the tenth century, describes, as we

have seen, these tenants as all _geneats_ or villeins, and records

their services in general terms. [p147] It then divides them into

classes, just as the Domesday Survey does. And the two chief classes

of the geneats are the _geburs_ and the cottiers. These two classes

are evidently the _villani_ and the _bordarii_ or cottiers of the

Domesday Survey.

_Secondly_, the same document describes the holdings of these two

classes. It speaks of the cottiers as holding mostly five acres

each--sometimes more and sometimes less--in singular coincidence with

the Domesday Survey and later evidence. And it describes the _gebur_,

as we have seen, as holding a _yard-land_ or _virgate_, the typical

holding of the Domesday villanus, and as having allotted to him as

'outfit' two oxen, just as was the case with the Kelso husbandmen.

_Thirdly_, the laws of King Ine bring back the evidence to the

seventh century by their incidental mention of the _yard-land_ as a

typical holding on _geset-land_; and also of _half-hides_[177] and

_hides_, as well as of _geneats_[178] and _geburs_,[179] with their

_gafol_ and _weorc_.

When this concurrence of the evidence of the tenth and the seventh

century is duly considered, it will be seen how complete is the proof

that in the seventh century the West Saxon estate, though called a

'_tun_' or a '_ham_,' was in reality a _manor_ in the Norman sense

of the term--an estate with a village community in villenage upon it

under a lord's jurisdiction. [p148]

VI. SERFDOM ON A MANOR of KING EDWY.

The evidence hitherto given on the nature of the serfdom on

Anglo-Saxon manors has been of a general character.

We are fortunately able to confirm and illustrate it by reference to

actual local instances.

«Manor of Tidenham.»

The first example is that of the manor of _Tidenham_, and it derives

a more than ordinary value from its peculiar geographical position.

The parish of Tidenham comprises the wedge-shaped corner of

Gloucestershire, shut in between the Wye and the Severn, where they

join and widen into the Bristol Channel; while to the north-east, on

its land side, it was surrounded by the Forest of Dean.

In the belief of local antiquaries, the Roman road from Gloucester

to Caerleon-upon-Usk--the key to South Wales--passed through it as

well as the western continuation of the old British road of Akeman

Street from the landing-place of the Severn, opposite Aust (where St.

Augustine is said to have met the Welsh Christians) to the further

crossing-place on the Wye. Lastly, upon it was the southern end of

_Offa's Dyke_, the mysterious rampart which, commencing thus at the

mouth of the Wye, extended to the mouth of the Dee.[180]

«Saxon since A.D. 577,»

The manor probably has been in English hands ever since about the

time when, according to the Saxon Chronicle, after Deorham battle

in A.D. 577, Bath, Gloucester, and Cirencester were wrested from

[p149] the Welsh by Ceawlin, king of the West Saxons. According to

the Welsh legends of the _Liber Landavensis_[181] this was about the

time when the diocese of Llandaff was curtailed by the Wye instead

of the Severn becoming the boundary between the two kingdoms. It

may therefore have been for nearly five centuries before the Norman

Conquest the extreme corner of West Saxon England on the side of

South Wales.

[Illustration: THE MANOR OF TIDENHAM.]

«was a royal manor,»

Conquered probably by Ceawlin, or soon after the year 577, the manor

of Tidenham seems to have remained folkland or _terra regis_ of the

West Saxon kings, till Offa conquered it from them and gave his name

to the dyke upon it. One of its hamlets bore, as we shall find, the

name of _Cinges tune_, and Tidenham Chase remained a royal chase till

after the Norman Conquest.

«given by King Edwy, A.D. 956, to the Abbey of Bath.»

The manor itself was granted by King Edwy in A.D. 956 by charter[182]

to the Abbot of Bath, under whose name it is registered in the

Domesday Survey. It is in this charter of King Edwy that the

description of the manor and of the services of the tenants is

contained. The services must be regarded, therefore, as those of a

royal manor before it was handed over to ecclesiastical hands.

«The boundaries still to be traced.»

The boundaries as appended to the charter are given below,[183] and

may still, with slight exceptions, be traced on the Ordnance Survey.

[p150]

The northern limit on the Severn is described as _Astege pul_, now,

after a thousand years, known as _Ashwell Grange Pill_, the _puls_

of 1,000 years ago and the present _pills_ being the little streams

which wear away a sort of miniature tidal estuary in the mudbanks as

they empty themselves into the Severn and the Wye. Numbers of pills

are marked in the Ordnance map, and as many 'puls' are mentioned in

the boundaries of Saxon charters and those inserted in the _Liber

Landavensis_.

«_Inland_ and _gesettes_ land.»

After the boundaries, under the heading '_Divisiones et consuetudines

in Dyddanhamme_,'[184] the document proceeds to state that 'at

Dyddanhamme are xxx. hides, ix. of _inland_ and xxi. of _gesettes

land_.' The manor was therefore in the tenth century divided into

demesne land and land in villenage.

Next are stated separately the contents of each hamlet on the manor,

as follows:--

«Yard-lands.»

«_Hæc-_ and _cyt-_ weirs.»

At _Stræt_ are xii. hides--xxvii. gyrda gafollandes, and on the

Severn xxx. cytweras.

At _Middeltun_ are v. hides--xiiii. gyrda gafollandes, xiiii.

cytweras on the Severn, and ii. hæcweras on the Wye.

At the _Cinges túne_ are v. hides--xiii. gyrda gafollandes, and

i. hide above the dyke, which is now also gafolland; and that

outside the hamme is still part inland and part gesett to gafol

to 'scipwealan.' At the Cinges túne on the Severn are xxi.

cytweras, and on the Wye xii.

At the _Bishop's túne_ are iii. hides, and xv. cytweras on the

Wye.

At _Landcawet_ are iii. hides and ii. hæcweras on the Wye, and

ix. cytweras.

«The hamlets.»

Thus this manor, like the Winslow manor, had hamlets or small

dependencies upon it, and these are [p151] still traceable on the

map. _Street_ is still _Stroat_ on the old Roman street--the _Via

Julia_ (?)--from Gloucester to Caerleon. The _Cinges túne_, now

_Sudbury_, lay on the high wedge-shaped southern promontory above the

cliffs, between the Wye and Severn where they join; and it lies as it

did then, part on one side and part on the other side of Offa's Dyke,

as if the dyke had been cut through its open fields. Its fisheries

were naturally some on the Severn and some on the Wye. The '_Bishop's

túne_' is still traceable in _Bishton_ farm. Lastly, _Llancaut_, the

only hamlet on this Saxon manor 900 years ago with a Welsh name,

bears its old name still. This hamlet is surrounded almost entirely

by a bend of the Wye, and its situation backed by its woods (_coit_

= _wood_) may well have protected it from destruction at the time of

the Saxon conquest.

Next, it is clear that the _geset land_ in the open fields round

each 'túne' or hamlet, except at _Llancaut_ and _Bishop's tune_,

was divided, as usual, into yard-lands--_gyrda gafollandes_. These

yard-lands and the open fields have long since been swept away by the

enclosure of the parish.

«The fishing _weirs_.»

Besides the yard-lands there were belonging to each hamlet the

numerous fisheries--_cytweras_ and _hæcweras_--some on the Severn and

some on the Wye. What were these '_cyt_' and '_hæc_' weirs?

They certainly were not the ancient dams or banks across the river

which are now called 'weirs,' over which the tidal wave sweeps, thus--

'Hushing half the babbling Wye.'

It is impossible that there can have been so many of these as there

were _cytweras_ and _hæcweras_ 900 [p152] years ago--as many as

thirty together at Street, fourteen at Middletune, and twenty-one

at Cingestune. The fact is that the old Saxon word _wera_ meant any

structure for entrapping fish or aiding their capture. And no doubt

arrangements which would not be called 'weirs' now were so called

then. The words _cyt_ and _hæc_ weras seem to point rather to wattled

basket and hedge weirs than to the solid structures now called weirs.

But the best illustration of what they were may be derived from the

arrangements now at work for catching salmon in the Wye and Severn.

«Cytweras.»

«Hæcweras.»

The stranger who visits this locality will find here and there

across the muddy shore of the Severn structures which at a distance

look like breakwaters; but on nearer inspection he will find them

to be built up of rows two or three deep of long tapering baskets

arranged between upright stakes at regular distances. These baskets

are called _putts_ or _butts_ or _kypes_, and are made of long rods

wattled together by smaller ones, with a wide mouth, and gradually

tapering almost to a point at the smaller or butt end. These _putts_

are placed in groups of six or nine between each pair of stakes,

with their mouths set against the outrunning stream; and each group

of them between its two stakes is called a 'puttcher.' The word

'puttcher' can hardly be other than a rapidly pronounced _putts

weir_, _i.e._ a weir made of _putts_. If the baskets had been called

'cyts' instead of 'putts,' the group would be a _cytweir_. So,

_e.g._, the thirty _cytweras_ at Street would represent a breakwater

such as may be seen there now, consisting of as many puttchers. This

use of what may be called basket weirs [p153] is peculiar to the

Wye and the Severn, and has been adopted to meet the difficulty

presented by the unusual volume and rapidity of the tidal current.

[Illustration: Group of Puttchers on the Severn near

Tedenham.]

Then as to the _hæcweras_ there is nothing unusual in the use of

barriers or fences of wattle, or, as it is still called, _hackle_, to

produce an eddy, or to entrap the fish. Thus a statute (1 Geo. I. c.

18, s. 14) relating to the fisheries on the Severn and the Wye uses

the following words: 'If any person shall make, 'erect, or set any

bank, dam, _hedge_, stank, or net across the same,' &c.

These wattled hedges or hackle-weirs are sometimes used to guide

the fish into the puttchers, but generally in the same way as more

permanent structures on the Wye, now called _cribs_, to make an

eddy in which the fish are caught from a boat in what is called a

_stop-net_.

«Salmon fisheries.»

This mode of fishing is also peculiar to the Wye and Severn. The boat

is fixed by two long stakes sideways across the eddy, and a wide net,

like a bag with its open end stretched between two poles, is let down

so as to offer a wide open mouth to the stream which carries the

closed end of the bag-net under the boat. When a salmon strikes the

net the open end is raised out of the water, and the fish is taken

out behind. This clumsy process of catching salmon is the ancient

traditional method used in the Wye and Severn fisheries, and so

tenaciously is it adhered to that the fishermen can hardly be induced

to substitute more efficient modern improvements.

So much for the _cytweras_ and the _hæcweras_.

The fisheries are now almost exclusively devoted to salmon. About

the date of the Norman Conquest [p154] the manor of Tidenham

was let on lease by the Bishop of Bath to Stigand, Archbishop

of Canterbury,[185] and as a portion of the rent reserved was 6

porpoises (merswin) and 30,000 herrings, it would seem at first sight

that the main fisheries there were for herrings rather than salmon,

but it is more probable that the lease was a mutual arrangement

whereby the archbishop's table was provided with salmon from the

west, and the monks of Bath with herrings from the east.

Turning from the fisheries to the services, they are described as

follows:[186]--

«General services of _geneats_.»

Of Dyddanhamme gebyreð micel weorcrǽden.

Se geneát sceal wyrcan swá on lande, swá of lande, hweðer swá

him man byt, and ridan and auerian, and láde lǽdan, dráfe

drífan, and fela óðra þinga dón.

To Tidenham belong many services.

The geneat shall work as well on land as off land, whichever he

is bid; and ride, and carry and lead loads, and drive droves,

and do other things.

And after thus stating, to begin with, the general services of

all _geneats_, the document proceeds, like the '_Rectitudines_,'

to describe the special services of the _gebur_, or holder of a

yard-land.

«Services of _geburs_.»

«Week-work.»

Se gebúr sceal his riht dón.

He sceal erian healfne æcer tó wíceworce, and ræcan sylf ðæt

sæd on hláfordes berne gehálne tó cyrcscette, sá hweðere of his

ágenum berne.

Tó werbolde xl. mæra oððe án foðer gyrda; oððe viii. geocu

byld. iii. ebban tyne. Æcertyninge xv. gyrda, oððe díche

fiftyne; and dície i. gyrde burhheges, ripe óðer healfne æcer,

máwe healfné; on oðran weorcan wyrce, á be weorces mæðe.

The gebur shall do his '_riht_.'

He shall plough a half-acre as week-work, and himself prepare

the seed in the lord's barn ready for kirkshot, or else from

his own barn.

For weir-building 40 large rods or 1 load of small rods, or

build 8 yokes and wattle 3 ebbs. Of acre-fencing 15 yards,

or ditch 15; and ditch 1 yard of burh-hedge, reap 1 acre and

a half, mow half an acre. At other work, work as the work

requires. [p155]

These are the various details of his _week-work_. Then follow the

_gafol_-payments.

«Gafol.»

Sylle vi. penegas ofer éstre, healfne sester hunies tó

Hlafmæssan. vi. systres mealtes tó Martines mæsse, an cliwen

gódes nettgernes. On ðam sylfum lande stent seðe vii. swýn

hæbbe ðæt he sylle iii. and swá forð á ðæt teoðe, and ðæs

naðulæs mæstenrǽdene ðonne mæsten beó.

Pay 6d. after Easter, half a sester of honey (or mead?)

at Lammas. 6 sesters of malt at Martinmas, 1 clew of good

net-yarn. On the same land, if he has 7 swine, he pays 3, and

so forth at that rate, and nevertheless give mast dues if there

be mast.

It will be observed that in their _week-work_ the geburs of Tidenham,

in addition to strictly agricultural services, had to provide the

materials for the puttchers and hedge-weirs, as well as other

requisites for the fisheries.

What the eight _geocu_ to be built may have been is doubtful; but the

tyning or wattling of three ebbs was at once explained on the spot by

the lessee of the fisheries, who pointed out that when hackle weirs

were used, three separate wattled hedges would always be needed, as,

owing to the very various heights of the tide, the hedge must be

differently placed for the spring tides, the middle tides, and the

neap tides respectively.

The '_week-work_' was shown by the '_Rectitudines_' to be the chief

service of the gebur, and this _work_, added to the _gafol_, made the

holder of the yard-land into a _gebur_, according to the laws of Ine.

«No limitation of week-work to three days.»

Two things are very striking about the week-work on the manor of

Tidenham. (1) There is no limit to three days a week more or less,

as in the '_Rectitudines_.' (2) There is a clear adaptation of the

week-work [p156] to local circumstances. In particular the fisheries

have a prominent regard in its arrangement. As described in the

'_Rectitudines_,' the work varied according to the customs of each

place.

So much for the 'week-work.'

«No _bene-work_.»

Next, there were at Tidenham no '_precariæ_,' or '_bene_' works,

which formed so prominent a feature in the later services. When the

week-work was not limited to some days only, clearly there was no

need or room for these additional services.

Lastly, as to the _gafol_--this formed a prominent feature of the

_weorc-ræden_ of the Tidenham yard-land.

«_Gafol_ chiefly in produce: honey, &c.»

It consisted mainly of the produce of the land, like the gafol of

the _gafolgylders_ in the Saxon translation of the parable of 'the

unjust steward.' Honey and malt, or ale, and yarn and pork--these,

as we shall see by-and-by, were the chief products of this and the

adjoining districts of Wales.

These, then, were the services of the geburs of Tidenham in respect

of their yard-lands in A.D. 950, while the manor was still in royal

hands just before it was handed over to the Abbot of Bath.

«Comparison of services in the thirteenth century.»

Now let us compare these services with the services on the same

manor 350 years afterwards, in the time of Edward I. An _Inquisitio

post mortem_ of the 35th year of Edward I. enables us to make this

comparison.[187]

The following is an abstract of the services of a tenant who held

a messuage and xviii. acres of land in villenage (probably a

half-virgate). [p157]

His _week-work_ was--

5 days in every other week for xxxv. weeks in the year

from Michaelmas to Midsummer, except the festival works of

Christmas, Easter, and Pentecost; 87½ works.

2½ days every week for 6 weeks from Midsummer to Gules of

August; 15 works.

3 days every week for 8 weeks from Gules of August to

Michaelmas; 24 works.

And of this week-work between Michaelmas and Christmas, 1 day's

work every other week was to lie ploughing and harrowing a

half-acre. Each ploughing was accounted for a day's work.

Then as to his _precariæ_,--

He made 1 _precaria_ called 'cherched,' and he ploughed and

harrowed a half-acre for corn, and sowed it with 1 bushel of

corn from his own seed; and in the time of harvest he had to

reap and bind and stack the produce, receiving one sheaf for

himself on account of the half-acre, 'as much as can be bound

with a binding of the same corn, cut near the land.'

And he had to plough 1 acre for oats, and this was accounted

for 2 days' manual work.

And he made another _precaria_, ploughing a half-acre with his

own plough for winter sowing with as many oxen as he possessed,

so that there should be a team of 8 oxen. But if he had no oxen

he did not plough.

And he made [several other _precariæ_ of various kinds].

Lastly came his _gafol_, &c.

He gave i. hen, which was called 'wodehen,' at Christmas.

And 5 eggs at Easter.

And 1D. for every yearling pig, and ½d. for those only of

half-year, by way of pannage.

He paid . . . for every horse or mare sold.

And viii. gallons of beer at every brewing.

And he could not marry his daughter without licence.

Now, comparing the services on the manor of Tidenham at these dates

300 years apart, at which period was the service most complete

serfdom? at the later date, when the week-work of the villeins was

limited to two and a half or three days a week, and in addition he

made _precariæ_ or extra works; or at the earlier date, _when his

week-work was unlimited_ [p158] as to the days, and therefore there

was no room for the extra work?

«Saxon services more complete.»

Surely the unlimited week-work marked the most complete serfdom.

Surely the later services, limited in their amount and commutable

into money payments, were clearly a mitigated service fast growing

into a fixed money rent. In fact, the _gebur_ or _villanus_ was

fast growing into a mere customary tenant in the time of Edward I.

Indeed, he is not called in the 'Inquisition' a '_villanus_,' but

a '_custumarius_,' and such he was. He was halfway on the road to

freedom. Another sign of the times was this, that at the later date,

side by side with the customary tenants on the land in villenage, a

whole host of _libere tenentes_ had already grown up upon the lord's

demesne, not, as we have more than once observed, necessarily _liberi

homines_ at all, but some of them villein tenants or _custumarii_

holding additional pieces of free land of the lord's demesne. Of

these free tenants there were none at the earlier period. So that

the _gebur_, with his _weorc-ræden_ 100 years and more before the

Norman Conquest, was much more clearly a serf, and rendered far more

complete and servile services than his successor in the thirteenth

century, with the Black Death and Wat Tyler's rebellion in the near

future before him.

Finally, let us look backward and ask how long this more complete

serfdom had lasted on the manor of Tidenham.

«They probably go back to near the first conquest.»

If in the laws of King Ine are found, as we have seen, the '_geset

land_' and '_gyrd lands_,' and the '_gafol_,' and the '_weorc_,' and

the '_geneat_,' and the '_gebur_,' and the obligation not to leave

the lord's [p159] land; and if all those were incidents of what in

the '_Rectitudines_' and in the charter of King Edwy just examined

was in fact serfdom--if the laws of Ine are good evidence that this

serfdom existed in full force in the seventh century _anywhere_--they

must surely be good evidence that it existed on the manor of

Tidenham. For it was, as we have seen, a royal manor of King Edwy,

and most probably he had received it through a succession of royal

holders from King Ine. There is no evidence of its having ceased to

be folcland, and so to be in the royal demesne of the kings of Wessex

or of Mercia, from Ine's time to Edwy's. And if it was a royal manor

of King Ine's, surely the laws of King Ine may be taken to interpret

the serfdom on his own estate. Lastly, looking further back still, as

King Ine probably held the manor in direct succession from Ceawlin,

or whoever conquered it from the Welsh, and cut it from the diocese

of Llandaff in A.D. 577 or thereabouts, the inference is very strong

indeed that the _weorc-ræden_ had remained much the same ever since,

100 years before the date of King Ine's laws, it first fell under

Saxon rule.

«Changes in local customs very slow.»

The lesson to be learned from a careful tracing back of the customs

of such a manor as Tidenham, and we might add also the methods of

fishing, and the construction of the '_cyt_' and '_hæcweras_,' surely

is, that in those early times changes in custom and habit were slow,

and not easily made. It would be as unlikely that between the days

of King Ceawlin and those of King Ine great changes should have been

made in the internal economic structure of a Saxon manor, as that in

the same period bees should have changed the shape of their hexagonal

cells. [p160]

VII. SERFDOM ON A MANOR OF KING ALFRED.

«Manor of Hysseburne, which had belonged to Egbert,

Ethelwulf, and Alfred.»

The second example of a Saxon manor is that of 'Stoke-by-Hysseburne,'

a royal estate in Hampshire.[188] It had belonged in succession to

King Egbert, King Ethelwulf, and King Alfred, and was by his son

Edward given over to the monks of the 'old minster' at Winchester

under the following curious circumstances.

King Alfred, towards the close of his reign, in his anxiety for

the better education of the children of his nobles, called to his

aid the monk Grimbald, from the monastery of St. Bertin, near St.

Omer in Picardy, in which he himself had spent some time in his

childhood on his way to Rome. It was the plan of Grimbald and King

Alfred to build a new monastery (the 'new minster') at Winchester

where Grimbald should carry out the royal object. But King Alfred

died before this wish was fully accomplished. He had bought the land

for the chapel and dormitory in [p161] the city, but the building

and endowment of the monastery was left for his son King Edward to

complete. Grimbald, then eighty-two years old, was the first abbot,

but within a year died and was canonised. The body of King Alfred

lay enshrined in Winchester Cathedral, in the 'old minster' of the

bishop; but the canons of the old foundation having, according to

the Abbey Chronicle, conceived 'delirious fancies' that the royal

ghost, roaming by night about their cloisters, could not rest in

peace, the remains of Alfred and his queen were removed to the 'new

minster.'[189]

«Granted to the 'old minster' at Winchester.»

Now, King Ethelwolf, when dying, having left to King Alfred his son

certain lands at '_Cyseldene_' and elsewhere, with instructions when

he died to give them over to the refectory of the old minster, King

Alfred in his will gave his land at that place to the proper official

at Winchester accordingly. In other words, the body of King Alfred

lay in the 'new minster,' and this land given for the good of his

soul belonged to the 'old minster.' So it came to pass--whether this

time the 'delirious fancies' of the superstitious canons had anything

to do with it or not cannot be told--that this property at Cyseldene,

like the royal donor's body, could not rest in the hands of the 'old

minster,' but must be transferred to the 'new minster.' So King

Edward in the year 900 made an arrangement with the monks, whereby

the lands at Cyseldene were transferred to the 'new minster,' and by

charter he gave instead of them to the 'old minster' ten holdings

(_manentes_) at [p162] _Stoke-be-Hisseburne, with all the men who

were thereon, and those at 'Hisseburne,' when King Alfred, died_.

«The '_hiwisc_,' or family holding, equal here to

yard-land.»

It is in the charter[190] effecting this object that the services are

described. 'Here are written the _gerihta_ 'that the ceorls shall do

at Hysseburne.' From every '_hiwisc_' such and such services. The

_hiwisce_ or _family holding_ seems from the services to have been a

yard-land of 30 acres. The services were as follows:--

«Services.»

Hér synd gewriten ða gerihta ðæ ða ceorlas sculan dón tó

Hysseburnan.

Ærest æt hilcan hiwisce feorwerti penega tó herfestes emnihte:

and vi. ciricmittan ealað; and iii. sesðlar hláfhwétes: and

iii. æceras ge-erian on heora ægenre hwíle, and mid heora

ágenan sæda gesáwan, and on hyra ágenre [h]wíle on bærene

gebringan: and þréo pund gauolbæres and healfne æcer gauolmǽde

on hiora ágienre hwíle, and ðæt on hreace gebringan: and iiii.

fóðera áclofenas gauolwyda tó scidhræce on hiora ágenre hwíle:

and xvi. gyrda gauoltininga eác on hiora ágenre hwíle: and tó

Eástran twó ewe mid twam lamban, and we [talað] twó geong sceap

tó eald sceapan: and hí sculan waxan sceap and scíran on hiora

ágenre hwíle.

Here are written the services that the ceorls shall do at

Hysseburne.

From each _hiwisc_ (family) 40d. at harvest equinox, and 6

church-mittans of ale, and 3 sesters of bread-wheat: and plough

3 acres in their own time, and sow it with their own seed,

and in their own time bring it to the barn: and 3 pounds of

gafol-barley, and a half-acre of gafol-mowing in their own

time, and to bring it to the rick: and split 4 fothers (loads)

of gafol-wood and stack it in their own time, and 16 yards of

gafol-fencing in their own time; and at Easter two ewes with

two lambs, and two young sheep may be taken for one old one:

and they shall wash sheep and shear them in their own time.

«Gafol and gafol-_yrthe_.»

Here we have clearly, as in the '_Rectitudines_,' the _gafol_,

including the three acres of _gafol-yrth_ or ploughing, as well as

other gafol-work and payments in [p163] kind. And if the services

had stopped here, we might have concluded that the 'ceorls' of

Hysseburne were gafolgelders, and not serfs. But there is another

clause which forbids such a conclusion--which shows that, in the

words of the laws of King Ine, they were 'set to _work_ as well as to

_gafol_.' It is this:--

«Week-work.»

And ǽlce wucan wircen ðæt hí man háte bútan þrim, án tó

middan-wintra, oðeru tó Eástran, þridde to Gangdagan.

And every week do what work they are bid, except three

weeks--one at midwinter, the second at Easter, and the third at

'Gang days.'

«Unlimited.»

Comparing these services with the other examples, they do not seem to

be any more the services of freemen, or any less those of serfs. They

seem to plainly bear the ordinary characteristics of what is meant by

serfdom wherever it is found. There is the _gafol_ and there is the

_week-work_; and the latter is not limited to certain days each week,

as in the '_Rectitudines_,' but '_each week, except three in the

year, they are_ TO WORK AS THEY ARE BID.'

And these are the services--this is the serfdom--on a manor which was

part of the royal domain of King Alfred, which for three successive

reigns at least, and probably for generations earlier, had been royal

domain, and now by the last royal holder is handed over, with the

men that were upon it, to the perpetual, never-dying lordship of a

monastery, as an eternal inheritance.

«The chain of evidence complete.»

Finally, the evidence of these Saxon documents--the '_Rectitudines_'

and the charters of Tidenham and Hysseburne--read in the light

of the later evidence and of the earlier laws of King Ine, is so

clear that it seems needful to explain how it has happened that

[p164] there has ever been any doubt as to the servile nature

of the services of the holders of yard-lands in Saxon times. The

explanation is simple. Mr. Kemble quotes from all these documents in

his chapter on '_Lænland_;'[191] but for want of the clear knowledge

what a yard-land was, it never seems to have occurred to him that

in these services of the _geburs_ or holders of yard-lands we have

the services of the later _villani_ of the Domesday Survey--the

services of the holdings embracing by far the greater part of the

arable land of England. Dr. Leo, in his work on the '_Rectitudines_,'

confesses that he does not know what is meant by the yard-land of

the gebur.[192] It is only when, proceeding from the known to the

unknown, we get a firm grasp of the fact that the yard-land was the

normal holding of the _gebur_ or _villanus_, that it was a bundle

of normally thirty scattered acres in the open fields, that it was

held in villenage, and that these were the services under which it

was held of the manorial lord of the _ham_ or _tun_ to which it

belonged--it is only when these facts are known and their importance

realised, that these documents become intelligible, and take their

proper place as links in what really is an unbroken chain of evidence.

VIII. THE THEOWS OR SLAVES ON THE LORD'S DEMESNE.

«The _theows_, or slave class.»

One word must be said of the _theows_ or slaves on the lord's

demesne--the thane's _inland_--lest we should [p165] forget the

existence of this lowest class of all, in contrast with whose slavery

the _geburs_ and cottiers on the _geneat_ land, notwithstanding their

serfdom, were '_free_.' These latter were prædial serfs 'adscripti

glebæ,' but not slaves. The _theows_ were slaves, bought and sold

in the market, and exported from English ports across the seas as

part of the commercial produce of the island. Some of the _theows_

were slaves by birth. But it seems to have been a not uncommon thing

for freemen to sell themselves into slavery under the pressure of

want.[193]

«The servi of the Domesday Survey.»

The 'servi' of the Domesday Survey were no doubt the successors of

the Saxon _theows_. And as in the Survey the _servi_ are mostly found

on the demesne land of the lord, so probably in Saxon times the

_theows_ were chiefly the slaves of the manor-house. Most of the farm

work on the thane's _inland_, especially the ploughing, was done no

doubt by the services of the villein tenants; but as, in addition to

the villein ploughs, there were the great manorial plough teams, so

also there were _theows_ doing slave labour of various kinds on the

home farm of the lord, and maintained at the lord's expense.

In the bilingual dialogue of Ælfric,[194] written in Saxon and Latin

late in the tenth century as an educational lesson, in the reply of

the '_yrthling_' or ploughman to the question put as to the nature of

his daily work, a touching picture is given of the work of a theow

conscious of his thraldom:-- [p166]

«Feelings of the theow.»

Hwæt sægest þu yrþlinge?

Hu begæst þu weorc þin?

Eala leof hlaford þearle ic deorfe ic ga ut on dægræd þywende

oxon to felda and iugie hig to syl. Nys hyt swa stearc winter

þæt ic durre lutian æt ham for ege hlafordes mines ac geiukodan

oxan and gefæstnodon sceare and cultre mit þære syl ælce dæg ic

sceal erian fulne æþer (æcer) oþþe mare.

Hæfst þu ænigne geferan?

Ic hæbbe sumne cnapan þywende oxan mid gad isene þe eacswilce

nu has ys for cylde and hreame.

Hwæt mare dest þu on dæg?

Gewyslice þænne mare ic do. Ic sceal fyllan binnan oxan mid hig

and wæterian hig and sceasn (scearn) heora beran ut. hig hig

micel gedeorf ys hyt geleof micel gedeorf hit ys forþam ic neom

freoh.

What sayest thou, plowman?

How dost thou do thy work?

Oh, my lord, hard do I work. I go out at daybreak driving the

oxen to field, and I yoke them to the plough. Nor is it ever so

hard winter that I dare loiter at home, for fear of my lord,

but the oxen yoked, and the ploughshare and coulter fastened to

the plough, every day must I plough a full acre, or more.

Hast thou any comrade?

I have a boy driving the oxen with an iron goad, who also is

hoarse with cold and shouting.

What more dost thou in the day?

Verily then I do more. I must fill the bin of the oxen with

hay, and water them, and carry out the dung. Ha! ha! hard work

it is, hard work it is! because _I am not free_.

Perhaps some day his lord will provide him with an outfit of oxen,

give him a yard-land, and make him into a _gebur_ instead of a

_theow_. This at least seems to be his yearning.

IX. THE CREATION OF NEW MANORS.

We have hitherto spoken only of the manors. Are we therefore to

conclude that there was no land extra-manorial?

«Folkland, or _terra regis_, included royal _hams_ or

manors.»

It may be asked whether 'folkland' was not extra-manorial.

Now in one sense all that belonged to the ancient demesne of the

Crown was folkland and extra-manorial. All estates with the villages

and towns upon them, which had no manorial lord but the king, [p167]

were in the demesne of the Crown, as also were the royal forests.

Formerly, while there were many petty kings in England, and

before the kingship had attained its unity and its full growth,

_i.e._ before it had, as we are told by historians, absorbed in

itself exclusively the sole representation of the nation, the

term _folkland_ was apparently applied to all that was afterwards

included in the royal demesne. All that had not become the _boc-land_

or private property either of members of the royal house or of a

monastery or of a private person was still folkland. And it would

appear that the kings had originally no power to alienate this

folkland without the consent of the great men of their witan.

But inasmuch as the royal demesne or folkland included an endless

number of manors as well as forest, it cannot properly be said that

it was necessarily extra-manorial. More correctly it was in the

manor of the king. The king was its manorial lord, and the _geburs_

and cottiers upon it were _geneats_ or _villani_ of the king. The

Tidenham and Hysseburne manors were both of them manors of the royal

demesne until they were granted by charter to their new monastic

owners.

Now, it is clear that in the course of time, after that in a similar

way grant after grant had been made of 'ham' after 'ham,' with its

little territory--its _ager_ or _agellus_, or _agellulus_, as the

ecclesiastical writers were wont to describe it in the charters--to

the king's thanes or to monasteries, as _boc-land_ or private estate,

the number of 'hams' still remaining folkland would grow less and

less. [p168]

«These were granted as lænland to thanes in reward for

services.»

In the meantime the royal forests were managed by royal foresters

under separate laws and regulations of great severity, whilst the

royal _hams_ or manors were put under the management of a resident

steward, _præpositus_ or _villicus_--in Saxon '_tun-gerefa_,'--or

were let out for life as _lænland_ to neighbouring great men or their

sons, or to thanes in the royal service.

This granting of life-leases of folkland or _hams_ on the royal

demesne seems to have been a usual mode of rewarding special

military services, and Bede bitterly complained that the profuse and

illegitimate grants which were wheedled out of the king for pretended

monastic purposes had already in his time seriously weakened the

king's power of using the royal estates legitimately as a means of

keeping up his army and maintaining the national defences.[195] To be

able to provide some adequate maintenance for the thanes, on whose

services he relied, was a king's necessity; for well might King

Alfred enforce the truth of the philosophy of his favourite Boethius

by exclaiming that every one may know how 'full miserable and full

unmighty' kings must be who cannot count upon the support of their

thanes.[196]

«Tendency for them to pass into private hands.»

But from the nature of the case it was inevitable that the area

of folkland or royal demesne must constantly be lessened as each

succeeding grant increased the area of the _boc-land_. In other

words, to use the later phrase, the tendency was not only for new

[p169] manors to be created out of the royal forests and wastes, but

also for more and more of the royal manors to pass from the royal

demesne into private hands.

«King Alfred's sketch of the growth of a new _ham_.»

Now there is a remarkable passage in one of King Alfred's

treatises[197] which incidentally throws some light upon this

process, and explains the way in which new manors may have been

created. He describes how the forest or a great wood provided every

[p170] requisite of building, shafts and handles for tools, bay

timbers and bolt timbers for house-building, fair rods (_gerda_)

with which many a house (_hus_) may be constructed, and many a fair

_tun_ timbered, wherein men may dwell permanently in peace and quiet,

summer and winter, which, writes the king with a sigh, 'is more than

I have yet done!' There was, he said, an eternal '_ham_' above,

but He that had promised it through the holy fathers might in the

meantime make him, so long as he was in this world, to dwell softly

in a log-hut on _lænland_ ('_lænan stoclif_'[198]), waiting patiently

for his eternal inheritance. So we wonder not, he continued, that men

should work in timber-felling and in carrying and in building,[199]

for a man hopes that if he has built a cottage on lænland of his

lord, with his lord's help, he may be allowed to lie there awhile,

and hunt and fowl and fish, and occupy the _læn_ as he likes on

sea and land, until through his lord's grace he may perhaps some

day obtain _boc-land_ and permanent inheritance. Then finally he

completes his parable by reverting once more to the contrast between

'thissa lænena stoclife' and '_thara ecena hama_'--between the log

hut on lænland and the permanent freehold '_ham_' on the _boc-land_,

or hereditary manorial estate.

It is true that in this passage King Alfred does not suggest

distinctly that the lord would make the actual holding of lænland

into boc-land, thus converting a clearing in his forest into a new

manor for his thane; but, on the other hand, there was a good reason

[p171] for this omission, seeing that such a suggestion would have

just overreached the point of his parable.

Be this as it may, the vivid little glimpse we get into the _modus

operandi_ of the possible growth of a Saxon manorial estate, out of

folkland granted first as _lænland_, and then as _boc-land_, or out

of the woods or waste of an ealdorman's domain, may well be made use

of to illustrate the matter in hand.

«The _rod_, _gyrd_, or _virga_ in the growth of a new

_ham_.»

The typical importance in so many ways of the _gyrd_, or _rod_, or

_virga_ in the origin and growth of the Saxon 'tun' or 'ham' is worth

at least a moment's notice.

The typical site for a new settlement was a clearing in a wood or

forest, because of the 'fair rods' which there abound. The clearing

was measured out by rods. An allusion to this occurs in Notker's

paraphrase of Psa. lxxviii. 55--'He cast out the heathen before

them, and divided them an inheritance by line.' The Vulgate which

Notker had before him was 'Et sorte divisit eis terram in funiculo

distributionis;' and he translated the last clause thus--'teilta er

daz lant mit mazseile,'--to which he added, '_also man nu tuot mit_

RUOTO,' as they now do it with _rods_, _i.e._ at St. Gall in the

tenth or eleventh century.[200]

So in England the typical holding in the cleared land of the open

fields was called _yard_-land, or in earlier Saxon a _gyrd_ landes,

or in Latin a _virgata_ terræ; _yard_, _gyrd_, and _virga_ all

meaning _rod_, and all meaning also in a secondary sense a yard

measure. The holdings in the open fields were of _yarded_ or [p172]

_rooded_ land--land measured out with a rod into acres four rods

wide, each _rod_ in width being therefore a _rood_, as we have seen.

Again, the whole homestead was called a _tun_ or a _worth_, because

it was _tyn_ed or _gird_ed with a wattled fence of _gyrds_ or rods.

And so, too, in the Gothic of Ulfilas the homestead was a '_gard_.'

So that in the evident connexion of these words we seem to get

confirmation of the hint given by King Alfred of the process of the

growth of new manors.

«It begins with a clearing in the forest.»

The young thane, with his lord's permission, makes a clearing in

a forest, building his log hut and then other log huts for his

servants. At first it is forest game on which he lives. By-and-by

the cluster of huts becomes a little hamlet of homesteads. He

provides his servants with their outfits of oxen, and they become his

_geburs_. The cleared land is measured out by rods into acres. The

acres ploughed by the common plough are allotted in rotation to the

yard-lands. A new hamlet has grown up in the royal forest, or in the

outlying woods of an old _ham_ or manor. In the meantime the king

perhaps rewards his industrious thane, who has made the clearing in

his forest, with a grant of the estate with the village upon it, as

his boc-land for ever, and it becomes a manor, or the lord of the old

manor of which it is a hamlet grants to him the inheritance, and the

hamlet becomes a subject manor held of the higher lord.

So we seem now to see clearly how new _tuns_ and _hams_ or manors

were always growing up century after century, on the royal demesne

and on private estates or manors, as in a former chapter it became

[p173] clear incidentally how new geburs with fresh yard-lands could

be added to the village community, and the strips which made up the

yard-lands intermixed with those of their neighbours in the village

fields.

X. THE LAWS OF KING ETHELBERT--THERE WERE MANORS IN THE SIXTH CENTURY.

«_Tuns_ and _hams_ in the time of Ethelbert,»

We have seen that not only the general description of serfdom

contained in the '_Rectitudines_,' but also the two examples we have

been able to examine of serfdom upon particular manors in Saxon

times, testify clearly to the existence of a serfdom upon Saxon

manors as complete and onerous as the later serfdom upon Norman

manors. And we have seen that, connecting this evidence with that of

the laws of King Ine, the proof is clear of the existence of manors

and serfdom in the seventh century, _i.e._ 400 years before the

Norman Conquest. There remains to be quoted the still earlier though

scanty evidence of the laws of King Ethelbert, A.D. 597–616; which,

if genuine, bring us back to the date of the mission of St. Augustine

to England.

«in single ownership.»

The evidence of these laws is accidental and indirect, but taken in

connexion with that already considered, it seems to show conclusively

that the 'hams' and 'tuns' of that early period were already manors.

Upon one point at least it is clear. It goes so far as to indicate

that they were in the ownership of individuals, and not of free

village communities.

The following passages occur:-- [p174]

III. Gif cyning æt mannes ham drincæð, &c.

V. Gif in cyninges túne man mannan ofslea, &c.

XIII. Gif on eorles túne man mannan ofslæhð, &c.

XVII. Gif man in mannes tun ærest geirneð, &c.

3. If the king drink at a man's _ham_, &c.

5. If in the king's _tun_ a man slay another, &c.

13. If in an earl's _tun_ a man slay another, &c.

17. If a man into a man's _tun_ enter, &c.

If there be any doubt as to the manorial character of these 'hams'

and 'tuns,' it lies not in the point of the single ownership of them,

but in other points, whether they were worked and tilled by the

owners' slaves, or by a village community in serfdom.

The only classes of tenants which are mentioned in the laws of King

Ethelbert are the three grades of _læts_ referred to in the following

passage:

XXVI. Gif [man] læt ofslæhð þone selestan. lxxx. scill.

forgelde. Gif þane oðerne ofslæhð. lx. scillingum forgelde.

þane þriddan. xl. scillingum forgelden.

26. If [a man] slay a _læt_ of the best [class], let him pay

lxxx. shillings: if he slay one of the second, let him pay lx.

shillings: of the third, let him pay xl. shillings.

«with _semi_-servile tenants or 'læts.'»

The word _læt_ is of doubtful meaning in this passage. It might have

reference to the Roman _læti_, or people of conquered tribes deported

into Roman provinces at the end of a war; or it might refer to the

_liti_ or _lidi_--the servile tenants mentioned in so many of the

early Continental codes. We are not yet in a position to decide. But

in any case these _læts_ of King Ethelbert's laws were clearly of

a semi-servile class here in Kent, as were the _lidi_ in Frankish

Gaul,[201] for their 'wergild' was distinctly less than that of the

Kentish freemen.[202] Whether they were a [p175] different class

from the _geburs_ or _villani_, or identical with them, it is not

easy to decide.

XI. RESULT OF THE SAXON EVIDENCE.

The evidence of the earliest Saxon or Jutish laws thus leaves us

with a strong presumption, if not actual certainty, that the Saxon

_ham_ or _tun_ was the estate of a lord, and not of a free village

community, and that it was so when the laws of the Kentish men were

first codified a few years after the mission of St. Augustine.

«The manorial system not of ecclesiastical origin.»

It becomes, therefore, all but impossible that the manorial character

of English _hams_ and _tuns_ can have had an ecclesiastical origin.

The codification of the laws was possibly indeed the direct result of

ecclesiastical influence no less than in the case of the Alamannic,

and Bavarian, and Visigothic, and Burgundian, and Lombardic codes.

In all these cases the codification partook, to some extent, of

the character of a compact between the king and the Church. Room

had to be made, so to speak, for the new ecclesiastical authority.

A recognised status and protection had to be given to the Church

for the first time, and this introduction of a new element into

national arrangements was perhaps in some cases the occasion of the

codification. This may be so; but at the same time it is impossible

that a new system of land tenure can have been suddenly introduced

with the new [p176] religion. The property granted to the Church

from the first was already manorial. A _ham_ or a _tun_ could not

be granted to the Church by the king, or an earl, unless it already

existed as a manorial estate. The monasteries became, by the grants

which now were showered down upon them, lords of manors which were

already existing estates, or they could not have been transferred.

«The holdings in yard-lands implied serfdom,»

«because inconsistent with the equal division of allodial

property among heirs.»

Further, looking within the manor, whether on the royal demesne

or in private hands, it seems to be clear that as far back as the

evidence extends, _i.e._ the time of King Ine, the holdings--the

yard-lands--were held in villenage, and were bundles of a recognised

number of acre or half-acre strips in the open field, handed

down from one generation to another in single succession without

alteration.

Now let it be fully understood what is involved in this indivisible

character of the holding, in its devolution from one holder to

another without division among heirs. We have seen that the theory

was that as the land and homestead, and also the _setene_, or outfit,

were provided by the lord, they returned to the lord on the death

of the holder. The lord granted the holding afresh, most often, no

doubt, to the eldest son or nearest relation of the landholder on his

payment of an ox or other relief in recognition of the servile nature

of the tenure, and thus a custom of primogeniture, no doubt, grew up,

which, in the course of generations--how early we do not know--being

sanctioned by custom, could not be departed from by the lord. The

very possibility of this permanent succession, generation after

generation, of a single holder to the indivisible bundle of strips

[p177] called a yard-land or virgate, thus seems to have implied the

servile nature of the holding. The lord put in his servant as tenant

of the yard-land, and put in a successor when the previous one died.

This seems to be the theory of it. It was probably precisely the

same course of things which ultimately produced primogeniture in the

holding of whole manors. The king put in a _thane_ or _servant_ of

his (sometimes called the '_king's geneat_'), or a monastery put in

a steward or _villicus_ to manage a manor. When he died his son may

have naturally succeeded to the _office_ or _service_, until by long

custom the office became hereditary, and a succession or inheritance

by primogeniture under feudal law was the result. The benefice, or

_læn_, or office was probably not at first generally hereditary;

though of course there were many cases of the creation of estates of

inheritance, or _boc-land_, by direct grant of the king. As we have

seen from the passage quoted from Bede, the _læn_ of an estate for

life was the recognised way in which the king's thanes were rewarded

for their services.

Thus it seems that in the very nature of things the permanent

equality of the holdings in yard-lands (or double, or half

yard-lands), on a manor, was a proof that the tenure was servile,

and that the community was not a free village community. For imagine

a free village community taking equal lots, and holding these lots,

as land of inheritance, by allodial tenure, and with (what seems to

have been the universal custom of Teutonic nations as regards land

of inheritance) equal division among heirs, how could the _equality_

be possibly maintained? One holder of a yard-land would have seven

sons, and another two, and another [p178] one. How could equality

be maintained generation after generation? What could prevent the

multiplication of intricate subdivisions among heirs, breaking up

the yard-lands into smaller bundles of all imaginable sizes? Even

if a certain equality could be restored, which is very unlikely, at

intervals, by a _re-division_, which should reverse the inequality

produced by the rule of inheritance, what would become of the

_yard-lands_? How could the contents of the yard-land remain the

same on the same estate for hundreds of years, notwithstanding the

increase in the number of sharers in the land of the free village

community?

We may take it, then, as inherently certain that the system of

yard-lands is a system involving in its continuance a _servile

origin_. The community of holders of yard-lands we may regard

as a community of servile tenants, without any strict rights of

inheritance--in theory tenants at the will of their lord, becoming

by custom _adscripti glebæ_, and therefore tenants for life, and by

still longer custom gaining a right of single undivided succession by

primogeniture, or something very much like it.

«Result of the Saxon evidence.»

Now we know that the holdings were _yard-lands_ and the holders

_geburs_, rendering the customary _gafol_ and _week-work_ to their

lords, in the time of King Ine, if we may trust the genuineness of

his 'laws.' There was but an interval of 100 years between Ine and

Ethelbert; whilst Ine lived as near to the first conquest of large

portions of the middle districts of England as Ethelbert did to the

conquest of Kent.

«No room for a system of free village communities, which

afterwards sank into serfdom.»

The laws of Ethelbert, taken in connexion with the subsequent laws

of Ine, and the later actual [p179] instances of Saxon manors which

have been examined, form a connected chain, and bring back the links

of the evidence of the manorial character of Saxon estates to the

very century in which the greater part of the West Saxon conquests

took place. The existence of earl's and king's and men's _hams_ and

_tuns_ in the year of the codification of the Kentish laws, A.D. 602

or thereabouts, means their existence as a manorial type of estate in

the sixth century; and with the exception of the southern districts,

the West Saxon conquests were not made till late in the sixth

century. Surely there is too short an interval left unaccounted for

to allow of great economic changes--to admit of the degeneracy of an

original free village community if a widely spread institution, into

a community in serfdom. So that the evidence strongly points to the

_hams_ and _tuns_ having been manorial in their type from the first

conquest. In other words, so far as this evidence goes, the Saxons

seem either to have introduced the manorial system into England

themselves, founding _hams_ and _tuns_ on the manorial type, or to

have found them already existing on their arrival in Britain. There

seems no room for the theory that the Saxons introduced everywhere

free village communities on the system of the German 'mark,' which

afterwards sank into serfdom under manorial lords.

«The tribal system must be investigated.»

But before we can be in a position to understand what probably

happened we must turn our attention to those portions of Britain

_which were not manorial_, and where village communities did not

generally exist. They form an integral part of our present England,

and English economic history has to do with the [p180] economic

growth of the whole people. It cannot, therefore, confine itself to

facts relating to one element only of the nation, and to one set of

influences, merely because they became in the long run the paramount

and overruling ones. And, moreover, the history of the manorial

system itself cannot be properly understood without an understanding

also of the parallel, and perhaps older, _tribal system_, which in

the course of many centuries it was destined in some districts to

overrule and supplant; in others, after centuries of effort, to fail

in supplanting.

FOOTNOTES:

[153] '--_villani uniuscujusque villæ._ Deinde quomodo vocatur

_mansio_' (f. 497).

[154] _Liber de Hyda_, p. 63.

[155] _Id._ p. 68.

[156] _Id._ p. 72.

[157] Luke xv. 16.

[158] See _Ancient Laws and Institutes of England_, Thorpe, p. 185.

This document was the subject of a special treatise by Dr. Heinrich

Leo, Halle, 1842.

[159] _The Cronykil of Scotland_, B. VI. c. xviii.

[160] Matt. viii. 9.

[161] _Ines Domas_, s. 51. Thorpe, p. 58.

[162] _Id._ s. 63. Thorpe, p. 62.

[163] _Id._ s. 63–6. Thorpe, pp. 62–3.

[164] Matt. xxi. 33.

[165] Boethius, c. xvii.

[166] In the _Codex Diplomaticus_, No. MCCCLIV., there is an

interesting document early in the eleventh century, the original

of which is in the British Museum (_MS. Cott. Tib._ B. v. f. 76

_b_), written on the back of a much older copy of the Gospels, and

containing particulars respecting the _geburs_ on the Hatfield estate

in Hertfordshire--their _pedigrees_, in fact--showing that they had

intermarried with others of the following manors in Hertfordshire,

viz.:--_Tæccingawyrde_ (Datchworth), _Wealaden_ (King's or Paul's

Walden), _Welugun_ (Welwyn), _Wadtune_ (Watton), _Munddene_ (Mundon),

_Wilmundeslea_ (Wymondley), and _Eslingadene_ (Essenden). The fact

that it was worth while to preserve a record of the pedigree of

the _geburs_ shows that they were _adscripti glebæ_. And there can

be no doubt of the identity of the _geburs_ of this document with

the _villani_ of the Domesday Survey of these various places. The

pedigrees of _villani_ or _nativi_ were carefully kept in some manors

even after the _Black Death_.

[167] Cotton MS. _Augustus_, ii. 64. Fac-similes of Ancient Charters

in the British Museum, Part II.

[168] This may be read 23d. and a sester of barley; or, perhaps, 20d.

and three sestras of barley. But the best reading seems to be that in

the text.

[169] This is a word often used in later documents, and seems to

mean a certain amount of ploughing done as an equivalent for an

allowance of grass. _Grass-yrth_ may be the _gafol_ for the share

in the _Lammas meadows_, and the _gafol-yrth_ for the arable in the

_yard-land_.

[170] _Laws of Ine_, s. 67. Thorpe, p. 63.

[171] The opening clause of Ine's laws, as republished by King Alfred

with his own, states that they were recorded under the counsel and

teaching of his father _Cenred_, who resigned his kingship to Ine in

A.D. 688.

[172] _Alfred and Guthrum's Peace_, Thorpe, p. 66. 'We hold all

equally dear, English and Danish, at viii. half marks of pure gold,

except the "ceorle þe on _gafol-lande sit_, and heora _liesingum_"

(_lysingon_); they also are equally dear at cc. shillings,' _i.e._

they are '_twihinde men._'

[173] Matt. xvii. 25.

[174] _Beda_, i. c. 34:--

Nemo enim in tribunis, nemo in regibus plures eorum terras,

exterminatis vel subjugatis indigenis, aut tributarias genti

Anglorum, aut habitabiles fecit.

Ne wæs æfre ænig cyning ne ealdorman ꝥ ma heora landa ute

amærde ⁊ him to gewealde underþeodde forþon ðe he hi to

gafulgyldum gesette on Angel ðeodde. oþþe of heora lande adraf.

Never was there ever any king nor ealdorman that more their

lands exterminated, and to his power subjected, for that he

them to gafol set to the English people, or else off their land

drove.

[175] Luke xvi.

[176] _Supplement to Edgar's Laws_, i. Thorpe, p. 115.

[177] Thorpe, p. 53, where they are mentioned as sometimes held by

even '_Wiliscmen_,' _i.e._ tenants not of Saxon blood.

[178] Thorpe, p. 50.

[179] _Ibid._ p. 46.

[180] For the archæology of Tidenham see _Proceedings of the

Cotteswold Naturalists' Field Club_, 1874–5, and Mr. Ormerod's

_Archæological Memoirs_ relating to the district adjacent to the

confluence of the Severn and the Wye. London, 1861 (not published).

[181] Pp. 374–6.

[182] Kemble's _Cod. Dip._ CCCCLII. (vol. ii. p. 327).

[183] _Codex Dip._ iii. p. 444; App. CCCCLII. 'Ðis synd ða landgemæra

tó Dyddenháme. Of Wægemúðan to iwes héafdan; of iwes héafden on

Stánræwe; of Stánræwe on hwítan heal; of hwítan heale on iwdene; of

iwdene on brádan mór; of brádan mór on Twyfyrd; of Twyfyrd on astege

pul ut innan Sæfern.'

[184] _Cod. Dip._ iii. p. 450, where they are evidently misplaced.

[185] _Cod. Dip._ DCCC., XXII.

[186] _Cod. Dip._ iii. p. 450.

[187] Record Office, _Chancery Inquisitions post mortem_, Anno 35

Edw. I. No. 46_b._ Gloucestria, § _Manerium de Tudenham_.

[188] Mr. Kemble identifies this place with Stoke near Hurstbourne

Priors, near Whitechurch; but it may possibly be one of the Stokes on

the Itchin River near Winchester.

That the upper part of the Itchin was called 'Hysseburne' and

'Ticceburne,' see _Cod. Dip._ MLXXVII., CCCXLII., MXXXIX. & CLVIII.

The boundaries in MLXXVII. of 'Hysseburna' (beginning at Twyford)

correspond at a few points with those of 'Hisseburne' in Abingdon,

i. p. 318, and of Eastune appended thereto, and of Eastune in _Cod.

Dip._ MCCXXX. The position of Twyford and Easton seems to fix this

locality on the Itchin. The parishes of Itchin Stoke and Titchbourne

('æt Hisseburne') still nearly adjoin those of Twyford and Easton,

but the parishes here are intermixed, and the 'Hysseburne' of the

charters may have been a district with different boundaries, and may

not be the Hysseburne of King Alfred's will. Compare Domesday Survey,

i. 40, where _Twyford_, _Eastune_, and _Stoches_ occur together among

the '_Terra Wintonensis Episcopi_.'

[189] See _Liber de Hyda_, Mr. Edwards' Introduction.

[190] _Codex Dip._ MLXXVII.; and Dugdale, Winchester Monastery, Num.

X. This charter is preserved in a copy of the twelfth century in the

Winchester Cartulary (St. Swithin's) now in the British Museum. Add.

MSS. 15350, f. 69_b._

[191] _Saxons in England_, pp. 319 _et seq._

[192] H. Leo, _Rectitudines_. Halle, 1842, p. 231. 'Wenigstens weisz

ich "on his gyrde landes" (auf seiner rute des gutes, oder des

landes) an dieser stelle nicht anders zu erklären.'

[193] See Kemble's _Saxons in England_, i. p. 196.

[194] _British Museum_ Cotton MS. Tib. A. III. f. 58_b._ For the text

of this passage I am indebted to Mr. Thompson of the British Museum.

[195] Bede's letter to Bishop Egbert. Smith, p. 309. 'Quod enim turpe

est dicere, tot sub nomine monasteriorum loca hi qui monachicæ vitæ

prorsus sunt expertes in suam ditionem acceperunt, sicut ipsi melius

nostis, _ut omnino desit locus, ubi filii nobilium aut emeritorum

militum possessionem accipere possint_,' &c.

[196] King Alfred's Boethius, c. xxix. s. 10.

[197] Alfred's _Blossom Gatherings out of St. Augustine_. British

Museum, Vit. A. xv. f. 1:--Gaderode me þonne kigclas ⁊ stuþan

sceaftas ⁊ lohsceaftas ⁊ hylfa to ælcum þara tola þe ic mid pircan

cuðe ⁊ bohtimbru ⁊ bolt timbru ⁊ to ælcum þara peorca þe ic pyrcan

cuðe þa plitegostan treopo be þam dele ðe ic aberan meihte. ne com

ic naþer mid anre byrðene ham þe me ne lyste ealne þane pude ham

brengan gif ic hyne ealne aberan meihte. on ælcum treopo ic geseah

hpæt hpugu þæs þe ic æt ham beþorfte. For þam ic lære ælcne ðara þe

maga si ⁊ ma[nigne] wæn hæbbe ꝥ he menige to þam ilcan puda þar ic

ðas stuðan sceaftas cearf. Fetige hym þar ma ⁊ gefeðrige hys pænas

mid fegrum gerdum þat he mage pindan manigne smicerne pan ⁊ manig

ænlic hus settan ⁊ fegerne tun timbrian ⁊ þara ⁊ þær murge ⁊ softe

mid mæge oneardian ægðer ge pintras ge sumeras spa spa ic nu ne gyt

ne dyde. Ac se þe me lærde þam se pudu licode se mæg gedon ꝥ ic

softor eardian ægðer ge on þisum lænan stoclife be þis pæge ða phile

þe ic on þisse peorulde beo ge eac on þam hecan hame ðe he us gehaten

hefð þurh scanctus augustinus ⁊ sēs gregorius ⁊ scanctus Ieronimus

⁊ purh manege oððre halie fædras spa ic gelyfe. eac ꝥ he gedo for

heora ealra earnum ge ægðer ge þisne peig gelimpfulran gedo þonne he

ær þissum pes ge hure mines modes eagan to þam ongelihte ꝥ ic mage

rihtne peig aredian to þam ecan hame ⁊ to þam ecan are ⁊ to þare ecan

reste þe us gehaten is þurh þa halgan fæderas sie spa. Nis hit nan

pundor þeah m[an] sp[ylce] on timber gepirce ⁊ eac on þæ[re] lade ⁊

eac on þære bytlinge. ac ælcne man lyst siððan he ænig cotlyf on his

hlafordes læne myd his fultume getimbred hæfð ꝥ he hine mote hpilum

þar ongerestan. ⁊ huntigan. ⁊ fulian. ⁊ fiscian. ⁊ his on gehpilce

pisan to þære lænan tilian ægþær ge on se ge on lande oð oð þone

fyrst þe he bocland ⁊ æce yrfe þurh his hlafordes miltse geearnige.

spa gedo se pile ga gidfola seðe egðer pilt ge þissa lænena stoclife

ge þara ecena hama. Seðe ægþer gescop ⁊ ægðeres pilt forgife me ꝥ

me to ægðrum onhagige ge her nytpyrde to beonne ge huru þider to

cumane.--For the text of this passage I am indebted to Mr. Thompson.

[198] '_Stoc-lif_,' literally _stake-hut_. The logs were put upright,

as in the case of the Saxon church at _Greenstead_ in Essex.

[199] 'Bytlinge;' hence the house was a '_botl_.'

[200] _Schilteri Thesaur. Antiq. Teut._ i. p. 158. Ulm, 1728.

[201] See M. Guérard's _Introduction to the Polyptyque de l'Abbé

Irminon_, pp. 250–75.

[202] The _leod-geld_ or _wer-gild_ of a 'man' was 200 shillings

(see mention of the half leod-geld of c. shillings, s. 21). As

regards the three grades of _læts_, there were also three grades of

female _theows_ of the king (see s. 10–11), the _cup-bearer_, the

_grinding-theow_, and the _lowest class_. See also s. 16, where again

there is mention of three classes of _theows_, each with its value.

[p181]

The English Village Community Examined in its Relations to the Manorial and Tribal Systems and to the Common or Open Field System of Husbandry; An Essay in Economic History (Reprinted from the Fourth Edition) · 第 5 / 12 章