History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
What was the condition of persons among the Anglo-Saxons? Here,
as elsewhere, we at first perceive the two great divisions of
freemen and slaves. The freemen, who are the only active elements
in history, were divided into two classes, _thanes_ and
_ceorls_. The thanes were the proprietors of the soil, which
was entirely at their disposal: hence the origin of freehold
tenure. The ceorls were men personally free, but possessing no
landed property. The thanes were subdivided into two classes;
king's thanes, and inferior thanes. This distinction is not
merely a historical fact; the laws recognize these two divisions.
The composition for the life of a king's thane was twelve hundred
shillings, while for that of an inferior thane it was only six
hundred. Here, as in other states which came into existence at
this epoch, punishment was made proportionate, not only to the
gravity of the offence, but also to the rank of the person
injured. By the substitution of an indemnity for retaliation, a
step was taken by these peoples towards social justice. Early
ideas of justice inflict evil for evil, injury for injury; but
the highest point of its perfection is that decision of society
which, embodying supreme reason and power, judges the actions of
men accused of crimes, and acquits or condemns them in the name
of the Eternal Justice. In the sixth century, society did not
inflict punishment; life, like everything else, had its price;
and this price was shared between the family of the dead man, the
king, and the judge.
{34}
The penalty of crime was as yet only the price paid for the
renunciation of the right of revenge which belonged to every free
man. Individuals who were injured, either in the possession of
their goods, or in the life of their relatives, received a fixed
composition from the guilty person.
Different Classes Of Thanes.
I have pointed out the legal distinction which subsisted between
the king's thanes and the inferior thanes; but when we seek to
discover what constituted the real difference of their condition,
we find that this difference was very vague, and belonged to the
time when they all led a nomadic life, rather than to their
settled agricultural existence. In Germany, or on leaving
Germany, bands, more or less numerous, united themselves to the
company of some particular chief or king. After the conquest of a
country, those chiefs who were nearest the king found themselves
in a most favourable position for becoming large landed
proprietors. These were called king's thanes, because they
belonged to the royal band. But there was nothing to separate
them essentially from the other thanes. To be a king's thane, it
was necessary to possess about forty or fifty hides of land.
[Footnote 9]
[Footnote 9: A hide of land was about 120 acres.]
Public-domain text, read in full here on John Shaqi.
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