The serf by marriage was the free man or free woman who contracted that bond with a slave: in this case the free party sank to the condition of the unfree, among some at least of the German races. The Salic law is explicit upon this point both with respect to man and woman[340]: among the Ripuarian Franks it was enacted thus[341]: “If a free Ripuarian woman hath followed a Ripuarian serf, let the king or the count offer unto her a sword and a spindle: if she accept the sword, let her therewith slay the serf; if the spindle, let her abide with him in servitude.” In this case the Burgundian law[342] commanded both parties to be slain; but if the relatives of the woman would not put her to death, she became a serf of the king. Saxo Grammaticus cites a similar law for Denmark[343]. There is no evidence of the Anglosaxon practice in this respect, but it appears unlikely that the case should be of common occurrence. Probably purchase and emancipation always preceded such marriages, and the law of Henry the First makes no mention of this among the grounds of slavery[344]. ----- Footnote 340: “Si quis ingenuus ancillam alienam sibi in coniugium sociaverit, ipse cum ea in servitutem inclinetur.” Lex Sal. xiv. 11. “Si ingenua femina aliquemcunque de illis (i. e. raptoribus non ingenuis) sua voluntate secuta fuerit, ingenuitatem suam perdat.” Lex Sal. xiv. 7. Footnote 341: Lex Rip. lviii. 18. Footnote 342: Lex Burg. xxxv. 2, 3. Footnote 343: Hist. Dan. lib. v. p. 85. Footnote 344: The following proverbs are founded upon this legal custom:— “Trittst du meine henne, so wirst du mein hahn.” “Die unfreie hand zieht die freie nach sich.” “En formariage le pire emporte le bon.” ----- The serf by settlement is he who has taken up his abode in a district exclusively inhabited by the unfree; and to this refers the German expression “Die luft macht eigen,” i. e. the air makes the serf. There is no distinct Anglosaxon provision on the subject, but perhaps we may include in this class some at least of those who taking refuge on a lord’s land, and among his sócmen, without any absolute and formal surrender of their freedom, did actually become his serfs and liable to the services due to him from all their neighbours[345]. The generality however of such cases fall under the next following head, viz.—