Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Then there is a good deal about how much you have to pay for a churl,
and how much for an earl, and so on, leaving out only the slaves; for
all the free people of England in Saxon times were divided into earls
and churls; that is, noblemen and agricultural laborers or yeomanry;
these were the two estates besides the church, always a class by
itself. Later there grew up the thanes, who were merely large
landlords; the law became that a man that had five hides of land, five
or six hundred acres, with a farm, should by the mere fact of having
that land become a thane, an earl. That method of ennobling a man by
land got to be a way, at that time the only way, by which a churl or a
villein could become a nobleman or even be emancipated. Exactly as now
with our American Indians; when an Indian gets one hundred and sixty
acres given to him in severalty he becomes, under the Dawes Act, a
citizen of the United States. Later there grew up emancipation by the
guilds. The word _guild_ meant the members of a certain handicraft,
but that was rather the secondary meaning; it originally meant the
freemen of the town. But the freemen of the towns were made up of
the freemen of the guilds. No one could become a member of the guild
without going through certain ceremonies, much as he would now to join
a trades-union; and no one could become a freeman of the town unless
he was a freeman of the guild. The law grew to be, however, that if a
man succeeded in staying in a town for a year and a day, without being
turned out, plying his handicraft, he became by that mere fact a
freeman of the town; for the citizens of towns established their
liberty, both personal and political, far earlier than the dwellers on
agricultural land.
959-975-EDGAR.
CAP. 1. "_Secular Ordinance_. Now this is the secular ordinance
which I will that it be held. This, then, is first what I will:
that every man be worthy of folk-right, as well poor as rich;
and that righteous dooms be judged to him; and let there be such
remission in the 'bot' as may be becoming before God and tolerable
before the world."
1016. CANUTE.
CAP. 71. "And if any one depart this life intestate, be it through
his neglect, be it through sudden death; then let not the lord
draw more from his property than his lawful heriot. And according
to his direction, let the property be distributed very justly to
the wife and children and relations, to every one according to the
degree that belongs to him."
CAP. 81. "And I will that every man be entitled to his hunting in
wood and in field, on his own possession. And let every one forego
my hunting: take notice where I will have it untrespaesed on under
penalty of the full 'wite.'"
Public-domain text, read in full here on John Shaqi.
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