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
with a portion of his own land, sufficient for easy or even wealthy
subsistence; but this will not make him fully a free man, give him his
full position in the πολιτευμα or polity, and place him on a level with
the free inhabitants of the Mark.
Till periods very late in comparison with that which is assumed in the
course of this argument, a similar principle prevails in our legislation
upon this subject. Glanville says, “It is also to be observed that a man
may enfranchise his serf in respect of the persons of himself or his
heirs, but not in respect of others. For if any one, having once been a
serf, and afterwards having attained to freedom in this manner, should
be produced in court against a third party to support a cause, or for
the purpose of making any law of the land, he may justly be removed
therefrom, if his birth in villenage should be objected to and proved
against him in the court, even though the serf so enfranchised should
have come to be promoted unto a knight’s degree[409].”
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Footnote 409:
Lib. v. cap. 5.
-----
Later still, liberty seems considered as a privilege the value of which
might be diminished by its extension; and Fleta gives as a reason why
the lord is bound to pursue his fugitive serf, “lest by _negligence_ of
the lords, serfs should prevail to assert their own freedom[410].”
-----
Footnote 410:
Lib. i. cap. 7, § 7, 8.
-----
On consideration therefore of all the facts, we must conclude that where
full and complete manumission was intended, the transaction could only
be completed in the presence and with the co-operation of the community,
whereby all claims besides those of the manumitting lord would be
formally estopped for the future. And this would be nearly equivalent to
the admission (rare indeed) of a metic or other stranger to the full
rights of citizenship at Athens, which could hardly have effect without
a ψήφισμα or deliberate vote of the whole people[411]. Accordingly even
in the laws of William the Conqueror and Henry the First we find
evidence that the completest publicity was given to formal
manumissions[412]; and it is not unreasonable to believe that this
refers back to a time when such publicity may have consisted in the
presentation of the serf before the assembled folcmót, and their
expressed or implied assent to the solemn act.
-----
Footnote 411:
Public-domain text, read in full here on John Shaqi.
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