The history of England, from the earliest times to the Norman ConquestHodgkin, Thomas
History
The history of England, from the earliest times to the Norman Conquest
Hodgkin, Thomas
Great Britain -- History -- To 1066
in a forest, and is afterwards convicted, he shall pay the full fine
of sixty shillings, for “Fire,” says the law-giver, “is a thief,” a
secret, furtive creature that may do much mischief. But if a man goes
boldly into the forest and cuts down trees for his own use, he shall
be fined thirty shillings for the first tree so felled and so on up
to ninety shillings, but no more, however extensive may have been his
depredations, for “The axe is a tell-tale”. He could not have wielded
it so long in the forest without a ringing sound which should have
arrested the attention of the forester.
Of course there was an exception to the general law of the mutability
of holdings in the case of the house of the ceorl with the little bit
of land surrounding it. This, which we should call a homestead, was
called in Anglo-Saxon a _weorthig_, and the fortieth law (already
quoted) warned the ceorl that this must be kept always well fenced
winter and summer, and that if any gaps were left in the hedge
surrounding it he would have no claim against a neighbour for any
damage that might be done by that neighbour’s beast rushing in through
the opening.
The whole of the labour on the land of a ceorl who had the normal
holding of a hide would certainly not be performed by himself and his
family. We have frequent references in the laws to a servile class,
generally known as _theows_, but sometimes--chiefly in the laws of
the Kentish kings--as _esnes_. We may conjecture that this class was
originally formed for the most part out of vanquished Britons spared
by their conquerors; probably also from among the descendants of yet
earlier strata of population, enslaved by the Britons themselves. It
was certainly recruited by the so-called _wite-theows_, men probably
originally of the class of ceorls, who having committed some crime
and being unable to pay the pecuniary penalty for their offence were
condemned to penal servitude, and in such a case generally forfeited
the freedom of their descendants as well as their own. Probably the
larger number of theows were in bondage to land-owners of higher rank
than the ceorl, but one of the laws of Ethelbert of Kent[101] shows
that at any rate the possession of a slave by a ceorl was not a thing
altogether unknown. Our information as to this servile class is,
however, very imperfect, and relates chiefly to the floggings to which
they may be subjected for various offences.[102]
Public-domain text, read in full here on John Shaqi.
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