xii. And gif hi ꝥ nabbað ne to þam geþeon ne magan gilde man

cirlisce.

And they may be translated thus:--

9. And if a ceorlish man thrive so that he have v hides of land to the king’s _utware_ and any one slay him, let him be paid for with 2000 thrymsas.[240]

9. If a ceorl be enriched to that degree that he have 5 hides of land to the king’s utware and any one slay him, let him be paid for with 2000 thrymsas.

10. And though he thrive so that he have a helm and coat of mail, and a sword ornamented with gold, if he have not that land he is nevertheless a ceorl.

10. And if he acquire so that he have a coat of mail and a helmet and an overgilded sword, if he have not that land he is [? not] sithcund.

11. And if his son and his son’s son so thrive that they have so much land, afterwards the offspring shall be of gesithcund race at 2000 (thrymsas).

11. And if his son and the son’s son acquire that they have so much land, let their successors be of the sithcund kin and let them be paid for with 2000 thrymsas.

12. And if they have not that nor to that can thrive, let them be paid for as ceorlish.

These passages are very important, as the most direct evidence we possess of the way in which under early Anglo-Saxon custom families became _gesithcund_ by the gradual growth of a kindred whose kinsmen, like the odal-men of the Norse laws, could reckon four generations in succession of sufficient landholding.

The evidence is all the more interesting because it seems to come from the point of view of the Norse or Danish invaders making inquiry respecting English tradition and recording what had once been the custom of the conquered districts.

[Sidenote: Another precious fragment, with further information.]

The same remark applies equally to another of these valuable fragments--‘Of people’s ranks and law.’ It, too, seems to look back and to record what once had been the custom of the conquered people.

Hit wæs hwilum on Engla lagum ꝥ leod ⁊ lagu for be geþincðum ⁊ þa wæron [þeod-] witan weorðscipes wyrðe ælc be his mæðe, eorl ⁊ ceorl, þegen ⁊ þeoden.

1. It was whilom, in the laws of the English, that people and law went by ranks, and then were the Witan of worship worthy each according to his condition, eorl and ceorl, thegen and theoden.

These are the phrases of a writer looking back with regret upon ancient custom which to him is past or passing away.

After this follow clauses in one of which the word _hyrede_ and the phrase ‘having so many hides to the king’s _utware_’ again occur, words that seem to suggest that this fragment, while describing ancient English custom, hails from a somewhat similar source as the ‘North People’s Law.’

And gif ceorl geþeah ꝥ he hæfde fullice fif hida agenes landes, cirican ⁊ kycenan, bell-hus ⁊ burh-geat, setl ⁊ sunder-note, on cynges healle þonne wæs he þonon-forð, þegen-rihtes weorðe.

2. And if a ceorl thrived so that he had fully five hides of his own land, church and kitchen, bell-house and burh-geat, seat and special duty in the King’s hall, then was he thenceforth of thane-right worthy.

This seems to be practically identical with clause 9 of the previous fragment. Then follows:--

And gif þegen geþeah ꝥ he þenode cynge ⁊ his rad-stefne rad on his hirede, gif he þonne hæfde þegen þe him filigde þe to cinges ut-ware fif hida hæfde ⁊ on cynges sele his hlaforde þenode & þriwa mid his ærende gefore to cinge se moste syþþan mid his foraðe his hlaford aspelian æt mistlican neodan ⁊ his onspæce geræcan mid rihte swa hwær swa he sceolde.

And if a thane thrived so that he served the King and on his summons (_rád-stefne_) rode with his household (_hirede_), if he then had a thane who him followed, who to the King’s _utware_ five hides had, and in the King’s hall served his lord [the thane] and thrice with his errand went to the King, he might thenceforth with his foreoath his lord represent at various needs and his plaint lawfully conduct wherever he ought.

And seþe swa geþogenne forwyrht an næfde swore for sylfne æfter his rihte oþþe his þolode.

4. And he who so prosperous a vicegerent had not, swore for himself according to his right, or it forfeited.

And gif þegen geþeah ꝥ he wearð to eorle þonne wæs he syþþan eorl-rihtes weorðe.

5. And if a thane thrived, so that he became an eorl, then was he thenceforth of eorl-right worthy.

These passages we shall have to consider further when we sum up the evidence upon the Anglo-Saxon division of classes.

[Sidenote: The ceorl must rise into direct service to the king and to having a kindred around him.]

But there are two peculiarities which may be marked here as pointing to the archaic character of these precious fragments. First, the alliteration and rhythmical character of some of them, which points to an early and traditional origin, and, secondly, the direct relations of the classes mentioned to the king. The Wilisc man has to bring forth the king’s gafol. The ceorl who has five hides has them to the king’s utware and he becomes gesithcund and thane-right worthy with special duty in the king’s hall, while the thane is all the greater when he has a thane under him who has himself five hides to the king’s utware and goes with his errands to the king.

These are marks of direct relationship and service of the gesithcund classes to the king, to which we shall have to recur. They seem to point to the gesithcund class with its completeness of kindred as a privileged class in a semi-official position and from which the king’s officials were chosen. It is not until this relationship by service to the king has become established that a ceorl finds an entrance into the gesithcund class, and he does not become eligible for such service till he is surrounded by an adequate kindred.

In the meantime we may be thankful to the exigences of the Viking invasions for the preservation of these valuable fragments of ancient custom which might otherwise have been lost.