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
In contemplation of law, in fact, the slave is the absolute property of
his lord, a chattel to be disposed of at the lord’s pleasure, and having
a value only for the benefit of the lord, or of some public authority in
his place. The serf cannot represent himself or others: his interests
must be guarded by others, for he himself has no standing in any public
court. He is not in any friðborh, or association for mutual guarantee,
for he has nothing of his own to defend, and no power to defend what
another has. If he be slain by a stranger, his lord claims the damages,
and not his children: if the lord himself slay him, it is but the loss
of so much value,—a horse, an ox, gone—more or less. Out of his death no
feud can arise, for the relatives who allowed him to fall into, or
remain in slavery, have renounced the family bond, and forfeited both
the wergyld and the mund. If he be guilty of wrong, he cannot make
compensation in money or in chattels; for he can have no property of his
own save his skin: thus his skin must pay for him[386], and the lash be
his bitter portion. He cannot defend himself by his own oath or the
oaths of friends and compurgators, but, if accused, must submit to the
severe, uncertain and perilous test of the ordeal. And if, when thus
hunted down, he be found guilty, severe and ignominious
punishment,—amounting, in a case of theft, to death by flogging for men,
by burning for women,—is reserved for him[387]. Naturally and originally
there can be no limitation in the amount or the character of labour
imposed upon him, and no stipulation for reciprocal advantage in the
form of protection, food or shelter. Among the Saxons the wíteþeów at
least appears to have been bound to the soil, _adscriptus glebae_[388],
conveyed with it under the comprehensive phrase “mid mete and mid
mannum:” though in some few cases we can trace a power, vested perhaps
only in certain public authorities, of transferring the slave from one
estate to another[389]. Last, but most fearful of all, the taint of
blood descended to his offspring, and the innocent progeny, to the
remotest generations, were born to the same miserable fate as bowed down
the guilty or unfortunate parent.
Footnote 386:
The compensation for a flogging was called hídgeld.
Footnote 387:
Leg. Æðelst. iii. § 6. Thorpe, i. 219.
Footnote 388:
Cod. Dipl. Nos. 311, 1079.
Footnote 389:
Ibid. No. 311. The serfs mentioned in this document were at first
attached to the royal vill of Bensington; but were now transferred to
the land of the church at Radnor, with their offspring, and their
posterity for ever.
Public-domain text, read in full here on John Shaqi.
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