The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
call slavery. This condition among our forefathers was termed þeówet;
the _servus_ was þeów, the _ancilla_ þeówen; or, as the original serfs
of the English were the vanquished Britons, Wealh and Wyln.
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Footnote 335:
“Servos conditionis huius per commercia tradunt, ut se quoque pudore
victoriae exsolvant.” Germ. xxiv. The last member of the sentence is a
bit of imaginative morality which we shall acquit the Germans of
altogether. The very word _caeteris_ in the next sentence shows
clearly enough that if they did sell some slaves _conditionis huius_,
they kept others for menial functions.
Footnote 336:
“Caeteris servis, non in nostrum morem, descriptis per familiam
ministeriis, utuntur. Suam quisque sedem, suos penates regit. Frumenti
modum dominus, aut pecoris, aut vestis, ut colono, iniungit; et servus
hactenus paret.” Germ. xxv. This amounts to no more than the
description of a certain class of our own copyholders, of the Slavonic
holder in Bohemia or Galicia, and the peasant on a _noble session_ in
Hungary.
Footnote 337:
This is the obvious meaning of the passage, which has however been
disputed, in defiance of sense and Latin: see Walther’s edition, vol.
iv. 58. The general rule in the text is true, but where there were
slaves they were used in the house, under the superintendence of the
family. This of course applies more strongly to later historical
periods, when the slaves (domestics) had become much more numerous,
and the ladies much less domestic.
Footnote 338:
Deut. Rechtsalt. p. 305.
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Without confining ourselves to the definition in the law of Henry the
First, we may distribute the different kinds of slaves into classes,
according to the different grounds of slavery[339]. Thus they are serfs
_casu_ or _natura_, and the serfs _casu_ comprise serfs by the fortune
of war, by marriage, by settlement, by voluntary surrender, by crime, by
superior legal power, and by illegal power or injustice. The remaining
class are serfs _natura_, or by birth.
-----
Footnote 339:
“Servi alii natura, alii facto, et alii empcione, et alii redempcione,
alii sua vel alterius dacione servi, et si quae sunt aliae species
huiusmodi, quas tamen omnes volumus sub uno servitutis membro
constitui, quem casum ponimus appellari, ut ita dictum sit, servi alii
casu, alii genitura.” Leg. Hen. I. lxxvi. § 3.
-----
The serfs by fortune of war were those who were not left under the
public law to enjoy a portion of their ancient freedom and possessions,
but were actually reduced to a state of prædial or menial servitude by
their captors, and either reserved for household drudgery or sold, at
their arbitrary will. The Cassandra and Andromache of Grecian story
stand here side by side with our own German Gudrún. This part of the
subject has received sufficient illustration from the tale of the thane
Imma, already quoted from Beda.
Public-domain text, read in full here on John Shaqi.
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