PEOPLE’S DUTIES AND RIGHTS IN THE TIME OF CANUTE (c. 1025).
Source.—Anglo-Saxon Rectitudines Singularum Personarum. Thorpe, Ancient Laws and Institutes of England. Translated by W.
Thegn’s law is that he be worthy of his book-right: and that he do three things for his estate, fyrd-expedition, repair of fortress walls, and bridge-work. Also on many estates more land-duty arises at the king’s behest; such is deer-hedge for royal demesne, and equipment for a war-ship, and seaward, and head-ward, and fyrd-ward, alms fee, and church-scot, and many other manifold things.
Geneat’s duty is manifold according to the custom of the estate. On some he must furnish rent and a grass-swine every year, and must ride and carry, and lead loads, labour, and entertain his lord, and reap and mow, trim the deer-hedge, and keep it firm, build and hedge the burh, bring strange comers to the tun, pay church-scot and alms fee, keep watch by his lord, and horse-ward, go errands far or near, wherever he is ordered.
Cotsetla’s duty, according to the custom of the estate. On some he must every Monday of the year work for his lord, and 3 days every week at harvest, nor ought he to pay rent. It pertains to him to occupy 5 acres; more, if it be the custom on the estate; and it is too little, if it were any less in amount, since his work must be frequent. Let him pay his hearth-penny on Holy Thursday, as pertains to every freeman. And let him represent his lord’s demesne if he is ordered, in seaward, and at the king’s deer-hedge, and at such things as his position requires. And let him pay his church-scot at Martinmas.
Gebur’s duties are manifold, in some places they are heavy, and in some places moderate. On some estates he must work at weekwork two days such work as is ordered for him every week of the year, and at harvest three days at week-work, and from Candlemas to Easter three. If he is carrying, he need not work while his horse is abroad. He must pay on Michaelmas day 10 rent-pennies, and on Martinmas day 24d., a sester of barley, and 2 hen-fowls; at Easter a young sheep or two pennies. And he must lie from Martinmas to Easter at the lord’s fold, as often as it falls to his share. And from the time of the first ploughing until Martinmas he must every week plough 1 acre, and himself get the seed from the lord’s barn. In addition to them 3 acres as a boon and 2 acres in return for hay; if he needs more hay, he must earn it by ploughing as he is allowed. He ploughs 3 acres as his rent-ploughing, and sows of his own barn, and pays his hearth-penny. Two and two feed one deerhound. And every gebur pays 6 loaves to the swineherd of the demesne when he drives his herd to mast-pasture. On the estate where this plan exists it pertains to the gebur that he is given for the stocking of his land 2 oxen and 1 cow and 6 sheep and 7 acres of sown land on his yard-land. And so after that year let him do all the duties that pertain to him, and let him be given tools for his work and utensils for his house. When he dies what he leaves pertains to the care of his lord.
This land-law exists on some estates. In some places it is, as I said before, heavier, and in some places lighter, since all land-customs are not alike. On some estates the gebur must pay honey-rent, on some food-rent, on some ale-rent. Let him who holds the office of steward take heed that he aye know what are the old land-customs and what the custom of the people.
To the Bee-keeper it pertains, if he hold a swarm by duty of rent, that he pay therefor according to the custom of the estate. With us the custom is that he pay 5 sesters of honey as rent; on some estates more rent is due. Sometimes also he must be ready for many labours at the lord’s will, besides boon-ploughing, and boon-harvesting, and meadow-mowing, and if he be well landed he must be horsed, that he may supply it for the lord’s horse-duty, or lead it himself, whichever he is ordered. And many things a man in such condition must do, all of which I cannot now enumerate. When he dies what he leaves pertains to his lord’s care, except what may be free.
To the Swineherd paying pig-rent it pertains that he furnish his slaughter-beasts according to the custom of the estate. On many estates the custom is that he furnish every year 15 swine for sticking, 10 old and 5 young: let him have himself what more he rears. On many estates the swineherd’s duty is heavier. And let the swineherd take care that after sticking them he prepare and singe well his slaughter-swine: then he is entitled to receive his due. And he must be, as I said above of the bee-keeper, always available for work between-times, and horsed for his lord’s need. The swineherd who is a slave, and the bee-keeper who is a slave, after their death are worthy of the same law.
To the Swineherd who is a chattel, who keeps the demesne herd, pertains the sty-pig, and the pluck is his when he has prepared the fat bacon, besides the rights which pertain to slaves.
To a Slave-labourer pertain for food 12 pounds of good corn and 2 sheep’s carcases and one good cow for killing: rights of wood according to the custom of the estate.
To a Slave-woman 8 pounds of corn for food, 1 sheep or 3 pennies for winter-food: 1 sester of beans for fast-food: in summer whey or 1 penny.
To all Slaves pertain a Midwinter’s feast, and an Easter feast, an acre for ploughing, and daily in harvest a handful of corn, besides their dues.
To a Follower it pertains that in 12 months he have 2 acres, one sown, the other unsown (let him sow it himself); and his food and shoes and gloves pertain to him: if he may earn more it is to his advantage.
To the Sower pertains that he have of every kind of seed one basketful, when he has first sown all the seed well for a year.
The Oxherd may pasture 2 oxen or more with the lord’s herd in the common leas, with the knowledge of his overseer. Let him have for his work shoes and gloves for himself; and his cow for killing may go with the lord’s oxen.
To the Cowherd pertains that he have the milk of a grown cow for 7 nights after her calving, and the beestings of a young cow 14 nights, and let his cow for killing go with the lord’s cows.
The Shepherd’s due is that he have 12 nights’ manure at Midwinter, and 1 lamb of a year’s youth, and 1 bell-wether’s fleece, and the milk of his herd for 7 nights after autumnal equinox, and a bowlful of whey or buttermilk all the summer.
To the Goatherd pertains the milk of his herd after Martinmas Day, and before then his share of whey and 1 kid of a year’s youth, if he care for his herd well.
To the Cheesemaker pertain a hundred cheeses and that she make butter for the lord’s board of milk that has dropped from the cheese-press, and have for herself all the whey except the shepherd’s share.
To the Barn-man pertains the fallen corn at the barn-door in harvest, if his overseer grant it him and he have earned it faithfully.
To the Beadle it pertains that for his office he be freer of labour than other men, for he must be often available: and some piece of land pertains to him for his work.
To the Woodward pertains every tree felled by the wind.
To the Hayward it pertains that his work’s reward be acknowledged along the boundary which lies by the meadow-lea, for he may expect, if he does not guard this, that men will blame him for the damage: also if he is given a piece of land, it shall by folk-right lie next the meadow, because if he slothfully neglect his lord’s, his own is not well protected, if it be thus situate. But if he protect all well that he should guard, he is right well worth his pay. [This means that his land is to be the first to suffer by an incursion of the cattle due to his careless upkeep of the hedges.]
Estate-laws are manifold, as I said before, nor do we lay down as the rights over all places those which we before spoke of, but we proclaim what the custom is where it is known to us. If we learn better, we will gladly approve and hold by the folk-customs of the place where we then live: for a man must learn laws among the people gladly, if he does not want to lose honour among the people. Many are the rights of the folk. On some estates there pertain to the people winter-feast, Easter-feast, boon-feast for harvest, drinking-feast for ploughing, mowing-pay, rick-treat, at wood-carrying one tree from each cart, at corn-carrying rick-top-feast, and many things that I cannot enumerate. This is, however, the memorandum for a man’s food, as well as all that I before this set forth.