Alfred the Great : $b containing chapters on his life and times
History
Alfred the Great : $b containing chapters on his life and times
Alfred, King of England, 849-899; Great Britain -- History -- Alfred, 871-899
There was not any law of contract at all, as we now understand it. The
two principal kinds of transaction requiring the exchange or acceptance
of promises to be performed in the future were marriage and the payment
of wergild. Apart from the general sanctions of the Church, and the
king’s special authority where his peace had been declared, the only
ways of adding any definite security to a promise were oath and giving
of pledges. One or both of these were doubtless regularly used on solemn
occasions like the settlement of a blood-feud; and we may guess that
the oath, which at all events carried a spiritual sanction, was freely
resorted to for various purposes. But business had hardly got beyond
delivery against ready money between parties both present, and there
was not much room for such confidence as that on which, for example,
the existence of modern banking rests. How far the popular law took
any notice of petty trading disputes, such as there were, we are not
informed; it seems likely that for the most part they were left to be
settled by special customs of traders, and possibly by special local
tribunals in towns and markets. Merchants trafficking beyond seas, in any
case, must have relied on the customs of their trade and order rather
than the cumbrous formal justice of the time.
Anglo-Saxon landholding has been much discussed, but is still imperfectly
understood, and our knowledge of it, so far from throwing any light on
the later law, depends largely on what can be inferred from Anglo-Norman
sources. It is certain that there were a considerable number of
independent free men holding land of various amounts down to the time
of the Conquest. In the eastern counties some such holdings, undoubtedly
free, were very small indeed.[57] But many of the lesser free men were
in practical subjection to a lord who was entitled to receive dues and
services from them; he got a share of their labour in tilling his land,
rents in money and kind, and so forth. In short they were already in
much the same position as those who were called villeins in the twelfth
and thirteenth centuries. Also some poor free men seem to have hired
themselves out to work for others from an early time.[58] We know next
to nothing of the rules under which free men, whether of greater or
lesser substance, held “folk-land,” that is, estates governed by the
old customary law. Probably there was not much buying and selling of
such land. There is no reason to suppose that alienation was easier
than in other archaic societies, and some local customs found surviving
long after the Conquest point to the conclusion that often the consent
of the village as well as of the family was a necessary condition of a
sale. Indeed it is not certain that folk-land, generally speaking, could
be sold at all. There is equally no reason to think that ordinary free
landholders could dispose of their land by will, or were in the habit of
making wills for any purpose.
Public-domain text, read in full here on John Shaqi.
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