449? 520 NATURE OF THE CONQUEST 29 to Angle, whilst amongst the whole of the remaining Celtic population they were only known as Saxons. The mode in which the English treated the Britons was very different from that of the Romans, who were a civilised people and aimed at governing a conquered race. The new-comers drove out the Britons in order to find homes for themselves, and they preferred to settle in the country rather than in a town. No Englishman had ever lived in a town in his German home, or was able to appreciate the advantages of the commerce and manufacture by which towns are supported. Nor were they inclined to allow the inhabitants of the Roman towns to remain unmolested in their midst. When Anderida was captured not a Briton escaped alive, and there is good reason to believe that many of the other towns fared no better, especially as the remains of some of them still show marks of the fire by which they were consumed. What took place in the country cannot be certainly known. Many of the British were no doubt killed. Many took refuge in fens or woods, or fled to those portions of the island in which their countrymen were still independent. It is difficult to decide to what extent the men who remained behind were spared, but it is impossible to doubt that a considerable number of women were preserved from slaughter. The conquerors, at their landing, must have been for the most part young men, and when they wanted wives, it would be far easier for them to seize the daughters of slain Britons than to fetch women from the banks of the Elbe. 8. The Cultivators of the Soil.-When the new-comers planted themselves on British soil, each group of families united by kinship fixed its home in a separate village or township, to which was given the name of the kindred followed by 'ham' or 'tun,' the first word meaning the home or dwelling, the second the earthen mound which formed the defence of the community. Thus Wokingham is the home of the Wokings, and Wellington the 'tun' of the Wellings. Each man had a homestead of his own, with a strip or strips of arable land in an open field. Beyond the arable land was pasture and wood, common to the whole township, every villager being entitled to drive his cattle or pigs into them according to rules laid down by the whole township. 9. Eorls, Ceorls, Gesiths. The population was divided into Eorls and Ceorls. The Eorl was hereditarily distinguished by birth, and the Ceorl was a simple freeman without any such distinction. How the difference arose we do not know, but we do know that the Eorl had privileges which the Ceorl had not. Below the Ceorls were slaves taken in war or condemned to slavery as criminals. There were also men known as Gesiths, a word which means 'followers,' who were the followers of the chiefs or Ealdormen (Eldermen) who led the conquerors. The Gesiths formed the war-band of the chief. They were probably all of them Eorls, so that though every settler was either an Eorl or a Ceorl, some Eorls were also Gesiths. This war-band of Gesiths was composed of young men who attached themselves to the chief by a tie of personal devotion. It was the highest glory of the Gesith to die to save his chief's life. Of one Gesith it is told that, when he saw a murderer aiming a dagger at his chief, he, not having time to seize the assassin, threw his body between the blow and his chief, and perished rather than allow him to be killed. It was even held to be disgraceful for a Gesith to return from battle alive if his chief had been slain. The word by which the chief was known was Hlaford (Lord), which means a giver of bread, because the Gesiths ate his bread. They not only ate his bread, but they shared in the booty which he brought home. They slept in his hall, and were clothed in the garments woven by his wife and her maidens. A continental writer tells how a body of Gesiths once approached their lord with a petition that he should take a wife, because as long as he remained unmarried there was no one to make new clothes for them or to mend their old ones. 10. The Gesiths and the Villagers.-At the time of the English settlement, therefore, there were two sorts of warriors amongst the invaders. The Ceorls, having been accustomed to till land at home, were quite ready to till the lands which they had newly acquired in Britain. They were, however, ready to defend themselves and their lands if they were attacked, and they were under the obligation of appearing in arms when needed for defence. This general army of the villagers was called the Fyrd. On the other hand, the Gesiths had not been accustomed to till land at home, but had made fighting their business. War, in short, which was an unwelcome accident to the Ceorl, was the business of life to the Gesith. The exact relationship between the Gesiths and the Ceorls cannot be ascertained with certainty. It is not improbable that the Gesiths, being the best warriors amongst their countrymen, sometimes obtained land granted them by their chiefs, and were expected in consequence to be specially ready to serve the chief whom they had followed from their home. It was from their relation to their chief that they were called Gesiths, a name gradually abandoned for that of Thegns, or servants, when they-as was soon the case 449?-520 SOCIAL AND POLITICAL DIVISIONS 31 ceased to live with their chief and had houses and lands of their own, though they were still bound to military service. How these Thegns cultivated their lands is a question to which there is no certain answer. In later days they made use of a class of men known as bondmen or villeins. These bondmen were not, like slaves, the property of their masters. They had land of their own, which they were allowed to cultivate for themselves on condition of spending part of their time in cultivating the land of their lords. It has been supposed by some writers that the Thegns employed bondmen from the earliest times of the conquest. If, however, this was the case, there arises a further question whether the bondmen were Englishmen or Britons. The whole subject is under investigation, and the evidence which exists is excessively scanty. It is at least certain that the further the conquest progressed westwards, the greater was the number of Britons preserved alive. 11. English and Welsh.-The bulk of the population on the eastern and southern coasts was undoubtedly English. English institutions and English language took firm root. The conquerors looked on the Britons with the utmost contempt, naming them Welsh, a name which no Briton thought of giving to himself, but which Germans had been in the habit of applying somewhat contemptuously to the Celts on the Continent. So far as British words have entered into the English language at all, they have been words such as gown or curd, which are likely to have been used by women, or words such as cart or pony, which are likely to have been used by agricultural labourers, and the evidence of language may therefore be adduced in favour of the view that many women and many agricultural labourers were spared by the conquerors. 12. The Township and the Hundred.—The smallest political community of the new settlers was the village, or, as it is commonly called, the township, which is still represented by the parish, the parish being merely a township in which ecclesiastical institutions have been maintained whilst political institutions have ceased to exist. The freemen of the township met to settle small questions between themselves, under the presidency of their reeve or headman. More important cases were brought before the hundredmoot, or meeting of the hundred, a district which had been inhabited, or was supposed to have been inhabited, either by a hundred kindred groups of the original settlers or by the families of a hundred warriors. This hundred-moot was held once a month, and was attended by four men and the reeve from every township, and also by the Eorls and Thegns living in the hundred. It not only settled disputes about property, but gave judgment in criminal cases as well. 13. Weregild. In early days, long before the English had left their lands beyond the sea, it was not considered to be the business of the community to punish crime. If any one was murdered, it was the duty of the kinsmen of the slain man to put to death the murderer. In course of time men got tired of the continual slaughter produced by this arrangement, and there sprang up a system according to which the murderer might offer to the kinsmen a sum of money known as weregild, or the value of a man, and if this money was accepted, then peace was made and all thought of vengeance was at an end. At a later time, at all events after the arrival of the English in this country, charges of murder were brought before the hundred-moot whenever the alleged murderer and his victim lived in the same hundred. If the accused person did not dispute the fact the moot sentenced him to pay a weregild, the amount of which differed in proportion to the rank of the slain man, not in proportion to the heinousness of the offence. As there was a weregild for murder, so there was also a graduated scale of payments for lesser offences. One who struck off a hand or a foot could buy off vengeance at a fixed rate. 14. Compurgation and Ordeal.-A new difficulty was introduced when a person who was charged with crime denied his guilt. As there were no trained lawyers and there was no knowledge of the principles of evidence, the accused person was required to bring twelve men to be his compurgators-that is to say, to hear him swear to his own innocence, and then to swear in turn that his oath was true. If he could not find men willing to be his compurgators he could appeal to the judgment of the gods, which was known as the Ordeal. If he could walk blindfold over redhot ploughshares, or plunge his arm into boiling water, and show at the end of a fixed number of days that he had received no harm, it was thought that the gods bore witness to his innocency and had as it were become his compurgators when men had failed him. It is quite possible that all or most of those who tried the ordeal failed, but as nobody would try the ordeal who could get compurgators, those who did not succeed must have been regarded as persons of bad character, so that no surprise would be expressed at their failure. 15. Punishments.--When a man had failed in the ordeal there was a choice of punishments. If his offence was a slight one, a 449?-520 POLITICAL INSTITUTIONS 33 fine was deemed sufficient. If it was a very disgraceful one, such as secret murder, he was put to death or was degraded to slavery. in most cases he was declared to be a 'wolf's-head '—that is to say, he was outlawed and driven into the woods, where, as the protection of the community was withdrawn from him, anyone might kill him without fear of punishment. 16. The Folk-moot.-As the hundred-moot did justice between those who lived in the hundred, so the folk-moot did justice between those who lived in different hundreds, or were too important to be judged in the hundred-moot. The folk-moot was the meeting of the whole folk or tribe, which consisted of several hundreds. It was attended, like the hundred-moot, by four men and the reeve from each township, and it met twice a year, and was presided over by the chief or Ealdorman. The folk-moot met in arms, because it was a muster as well as a council and a court. The vote as to war and peace was taken in it, and while the chief alone spoke, the warriors signified their assent by clashing their swords against their shields. 17. The Kingship.-How many folks or tribes settled in the island it is impossible to say, but there is little doubt that many of them soon combined. The resistance of the Britons was desperate, and it was only by joining together that the settlers could hope to overcome it. The causes which produced this amalgamation of the folks produced the king. It was necessary to find a man always ready to take the command of the united folks, and this man was called King, a name which signifies the man of the kinship or race at the head of which he stood. His authority was greater than the Ealdorman's, and his warriors were more numerous than those which the Ealdorman had led. He must come of a royal familythat is, of one supposed to be descended from the god Woden. As it was necessary that he should be capable of leading an army, it was impossible that a child could be king, and therefore no law of hereditary succession prevailed. On the death of a king the folk-moot chose his successor out of the kingly family. If his eldest son was a grown man of repute, the choice would almost certainly fall upon him. If he was a child or an invalid, some other kinsman of the late king would be selected. 18. The Legend of Arthur. -Thirty-two years passed away after the defeat of the West Saxons at Mount Badon in 520 (see p. 28) before they made any further conquests. Welsh legends represent this period as that of the reign of Arthur. Some modern inquirers have argued that Arthur's kingdom was in the north, whilst others have argued that it was in the south. It is quite D |