Lastly, in sections 10 and 18 the three classes are again described as twelve-hynde, six-hynde, and ceorlisc; while in sections 29, 30, and 31 they are described as twelve-hynde, six-hynde, and twy-hynde.
All this seems to show that for general purposes ‘twy-hynde’ and ‘ceorlisc’ were convertible terms.
Ceorls must be mostly gafol-geldas.
It can hardly be said that there is anything in King Alfred’s laws making a distinction between the twy-hynde class and the ceorlisc class. There seems to be nothing to suggest that the twy-hynde wergeld was confined to any particular section of the ceorlisc class. And therefore, so far as the laws of Alfred are concerned, the description of the twy-hynde class in the Compact with Guthrum as gafol-geldas equally dear with the Danish lysing would seem to apply generally to the ceorlisc class as a whole. And this being so, it would seem probable that, speaking broadly, by King Alfred’s time the chief practical division of classes had already resolved itself into that between the landed classes on the one hand and their gafol-paying tenants on the other.
It is quite true that under King Alfred’s laws there is the six-hynde class between the twelve-hynde and the twy-hynde or ceorlisc class; but his laws tell us nothing about this six-hynde class except what may be inferred from the fact that its members certainly were not included in the ceorlisc class. It can hardly be likely that King Alfred could, in his compact with Guthrum, have confined the twy-hynde class to the ‘ceorl who sits on gafol-land,’ leaving out the six-hynde class altogether, if, in his laws, he meant by the six-hynde class the ceorls who did not sit on gafol-land. It might have been possible to suppose that he used the word ‘ceorl’ in his laws in a wider sense, as including both twelve-hynde and twy-hynde, had he not introduced the six-hynde class between them and restricted the meaning of the word ‘ceorlisc’ to the twy-hynde class. He used it apparently to distinguish the twy-hynde from the other classes which by inference were not ceorlisc.
What the six-hynde class was and what the ceorlisc class was under West-Saxon law two centuries earlier than King Alfred’s day must be left to be discovered from the evidence of the Dooms of Ine.
The mund-byrd or borh-bryce of various classes.
In the meantime, the consideration of the position of the ceorlisc class having brought before us the penalties for breach of the precinct and for fighting within the precinct of the various classes, it may be well to consider also the evidence of King Alfred’s laws upon the mund-byrd or borh-bryce of what we may regard perhaps as the official classes, and in which apparently, at this date, even the twelve-hynde man had no part.
The mund-byrd or borh-bryce seems to be confined to those in official or judicial position.