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
The full ceremonies used in the solemn act of emancipation by the
Anglosaxons are not known to us; but there is reason to suppose that
they resembled those of other Teutonic nations. Generally these may be
divided into civil and ecclesiastical; the former receiving their
sanction from the authority of the people or the prince, the latter from
the church and its peculiar influences. “He who would emancipate his
serf shall deliver him to the sheriff, by the right hand, in full
county, shall proclaim him free from all yoke of servitude by
manumission, shall show him open roads and doors, and shall deliver unto
him the arms of a free man, namely the lance and sword: thenceforth the
man is free[416].” Such is the law of William the Conqueror, and it is
repeated with little variation by Henry the First[417], except that
there is no limitation to the sheriff and the county. But this was also
one form of manumission among the Langobards. The person who was to be
made _Fulfreal_ was delivered over successively into the hands of four
different persons: the last of these brought him before witnesses to a
spot where four roads met, and his choice was given him of these roads.
He was then free, and _ámund_, that is removed from under the protection
of his former master[418]. But it appears that the master, even though
he gave the free roads, might reserve the mund of his freedman, by which
he retained the right of inheriting from him, if he died childless[419];
and this recalls to us the provision already cited from the Kentish
law[420]. The history of Ramsey informs us that Æðelstán, the son of
Manni, adopted this form in a very extensive emancipation of his
serfs[421], and we may therefore suppose it to have been a mode usual
among the Saxons. Among the Franks, the fullest and completest act of
emancipation was that which took place before the king, or in a popular
court; the freedman, from the ceremonies adopted on the occasion, was
called _Denarialis_, or _Denariatus_, “qui denarium ante regem
iactavit.” He became capable of a wergyld, of contracting marriage with
a free woman, and in general obtained all the rights of a free citizen.
But he still remained in some degree under the mund of the king, who
received his wergyld, and had certain rights over his inheritance[422].
I do not know whether this has any connexion with a law of Henry the
First, which provides that in _any case_ of manumission, the serf shall
give thirty pence to the lord, as a witness, namely the price of his
skin, for a testimony that he is thenceforth himself its master[423].
There was a form of manumission among the Franks by charter[424], which
however did not confer all the privileges of the _denarialis_. The
holder of such a charter was thence called Chartularius: I will not
assert that such a system prevailed here, although it is possible that
some of the many charters of emancipation, printed in the Codex
Diplomaticus, may be of this nature.
Public-domain text, read in full here on John Shaqi.
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