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
Their general character however is
that of a record of bargain and sale between different parties: it may
be indeed presumed that emancipation would follow, but there is no
positive statement that it did. The following class of cases perhaps
approaches nearest to such a _charta ingenuitatis_: “By this book of the
Gospels it appeareth that Ælfwig the Red hath bought himself out, from
Abbat Ælfsige and all the convent, with one pound. Whereof is witness
all the brotherhood at Bath. Christ blind him who turneth away this
record[425]!” But this is only a memorandum in a copy of the Gospels, no
charter of manumission; and I presume that the sheriff would have
required some much more definite and legal act, before he looked upon
Ælfwig the Red as a freeman. Probably he was duly made free at the altar
of the abbey church or at the door[426]. Of this subsequent process we
have a good example in the book of St. Petroc.
-----
Footnote 416:
Leg. Will. Conq. iii. § 15.
Footnote 417:
“Qui servum suum liberat, in aecclesia, vel mercato, vel comitatu, vel
hundreto, coram testibus et palam faciat, et liberas ei vias et portas
conscribat apertas, et lanceam et gladium, vel quae liberorum arma
sunt, in manibus ei ponat.” Leg. Hen. I. lxxviii. § 1. Hence the
manumitted serf is called freo ⁊ færewyrð, _free and fareworthy_, that
is, having the right to go whither he chooses.
Footnote 418:
Leg. Rotharis, Langob, Reg. cap. 225.
Footnote 419:
Leg. Roth. Langob. Reg. cap. 226.
Footnote 420:
Leg. Wiht. § 8.
Footnote 421:
“Per omnes terras suas, de triginta hominibus numeratis, tredecim
manumisit, quemadmodum eum sors docuit, _ut in quadrivio positi
pergerent quocunque voluissent_.” Hist. Ram. 29.
Footnote 422:
See Eichhorn, i. 333. Such a person resembles the Langobardic freedman
_per impans_. Ibid. p. 331. I imagine the principle upon which the
wergyld went to the king, to be this: the freedman either never had a
free mǽgð, or they had forfeited the mǽgsceaft by suffering him to be
reduced to serfage. Compare Leg. Eádw. § 9.
Footnote 423:
Leg. Hen. I. lxxviii. § 3. That is, that he is no longer liable to
corporal punishment like a serf.
Footnote 424:
“Qui vero per chartam ingenuitatis dimissi sunt liberi,” etc. Capit.
Bajuvar. an. 788. cap. 7 (Georgisch. p. 548). Eichhorn, i. 332.
Footnote 425:
Cod. Dipl. 1350.
Footnote 426:
Every lawyer knows the value of the _ad ostium aecclesiae_, at any
rate in matters of dower. It implies perfect publicity.
-----
“This book beareth witness that Ælfsige bought a woman called Ongyneðel,
and her son Gyðiccæl, of Ðurcil for half a pound, at the church-door in
Bodmin: and he gave to Ælfsige the portreeve and Maccos the hundred-man,
fourpence as toll. Then came Ælfsige who bought these persons, and took
them, and freed them, ever sacless, on Petroc’s altar, in the witness of
these _good men_; that is, Isaac the priest[427],” etc.
Public-domain text, read in full here on John Shaqi.
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