There can be little doubt that in the solidarity of the kindred under tribal custom we have to do with the strongest instinct which everywhere moulded tribal society. So far as it had its way and was not confronted by more potent forces it must have almost necessarily ruled such matters as the division of classes, the occupation of land, and the modes of settlement.
When we inquire into the grades of society under tribal custom they seem everywhere to have their roots in the principles of blood relationship. A man who has no kindred to protect him needs and seeks the protection of a chieftain or lord. By the force of tribal gravitation he sinks into the dependent condition of living upon another’s land.
Whether he be a freedman who has risen from the rank of the theow or thrall, or a free tribesman of low position, or one of a conquered race, or a stranger immigrant, and whether he be cottier or the holder of the typical yardland, until in the course of generations a kindred has grown up around him, he remains in the dependent condition. He is indeed a freeman as compared with the theow or thrall, but when Alfred and Guthrum make their compact and agree that Dane and English shall be reckoned as equally dear at the normal wergeld of the full freeman it is not of the dependent class they are thinking. They give to this class and to the Danish leysing or newly made freedman a twy-hynde instead of a twelve-hynde wergeld.
The twy-hynde class was the dependent class of gafolgeldas, with a lower wergeld.
It might at first sight be supposed that this twy-hynde condition of the dependent class in England, so far as it may have included Anglo-Saxons, must have been the result of degradation in social status between the first settlements and the time of King Alfred, but we have sought in vain for evidence of an earlier higher position in the Laws of King Ine. And, on the whole, even when regarded solely from a tribal point of view, it does not seem unlikely that strangers in blood and freedmen and dependent followers of the conquering chieftains should find themselves after conquest and settlement in the economic condition of tenants and gafolgeldas on the lands of protecting lords. Nor would it be strange that, when in a new country and under other influences this uniform dependent economic condition had once become a general fact, the whole class, in spite of variety of origins, should find itself marked by a twy-hynde wergeld.
The twy-hynde class were equated.
It does not follow, however, that because in the compact between Alfred and Guthrum the twy-hynde class were reckoned as equally dear with the Norse leysing that the Anglo-Saxon ‘ceorl who sits on gafol-land’ was generally in as low a social position as the Norse newly made freedman. It is enough that according to the evidence, he was a dependent tenant, let us say, under the lordship of a twelve-hynde man or if settled upon royal demesne of some gesith or official of the king.
With the Norse leysing.
Still it may be well to look once again at the position of the Norse leysing, because, after all, it is with the leysing that the Anglo-Saxon twy-hynde gafolgelda was equated in a compact made after King Alfred’s victory, and so when the two chieftains seemed to be treating on equal terms. Surely King Alfred was not intending to degrade the Anglo-Saxon dependent class. Presumably he was making a good bargain for them.
The low condition of the leysing.