Under these circumstances it will be more convenient to refer back to King Alfred’s laws when needful in connection with the earlier evidence than to consider them as a separate whole.
There is, however, one subject upon which the evidence of King Alfred’s laws may properly be considered before passing on to the earlier laws.
Were the terms ceorl and gafol-gelda equivalent?
We have seen that in the Compact with Guthrum the Anglo-Saxon ‘ceorl who sits on gafol-land’ and who was made ‘equally dear’ at 200 scillings with the Danish lysing was, if the words may be taken strictly, not necessarily a typical or representative member of the ceorlisc class as a whole. Only some of the ceorlisc class may have been gafol-geldas on other people’s land. It is important, therefore, to examine whether King Alfred’s laws afford contemporary evidence that the ceorlisc and the twy-hynde classes were practically the same, and whether they were, as a rule, gafol-geldas. We have seen, from the precious fragments before quoted, that under ancient ‘English’ law a ceorl could rise out of the twy-hynde class and become entitled to a twelve-hynde wergeld of 2000 thrymsas.
If such a statement had been found in West-Saxon law, the inference might at first sight be that the ceorlisc class could hardly have been mainly a class of gafol-geldas. The laws of Alfred surely ought to throw some light upon this important matter.
In section 39 is the following:—
The ceorl below the six-hyndeman.
Gif hwa on ciorlisces monnes flette gefeohte mid syx scill. gebete þam ceorl. Gif he wæpne gebrede ⁊ no feohte sie bi healfum þam. Gif syx-hyndum þissa hwæðer gelimpe þriefealdlice [arise be þære ciorliscan bote. xii-hyndum men twyfealdlice] be þæs syx-hyndan bote.
If any one fight in a ceorlisc man’s flet with six scillings let him make bot to the ceorl. If he draw his weapon and fight not let it be half of that. If, however, either of these happen to a six-hynde man let it increase threefoldly according to the ceorlisc bot; to a twelve-hyndeman twofoldly according to the six-hynde’s bot.