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
Of all forms of emancipation I imagine this to have been the most
frequent, partly because of its convenience, partly because the motives
for emancipation were generally of a religious cast, and the sanctions
of religion were solemn and awful. Almost all the records which we
possess on this subject are taken from the margins of Gospels or other
books belonging to religious houses, and the few references in the laws
imply emancipation at the altar. Among the Franks this form, in which
the freedman was called Tabularius, conveyed only imperfect freedom: the
utmost it could do was to confer the privileges of a Roman provincial,
to which class the clergy were reckoned: but the _tabularius_ even so
was not fully free; he still remained in the mund of the church.
Wihtræd’s law, so often cited, shows clearly that this was not the case
in England; nor could it be, seeing that the clergy among us were
national, and the Frankish system of _personal_ rights did not prevail.
I am therefore disposed to think that gradually emancipation at the
altar was taken to convey all the privileges of manumission, and that it
was the mode generally, though not exclusively, in use. On this point,
the want of documents prevents our attaining certainty. The method was
probably this: the man was formally offered up before the high altar,
and there declared free in the presence of the officiating clergy and
the congregation. A memorandum was then made in some religious book
belonging to the church, and the names of the witnesses were recorded.
Whether a separate certificate was prepared does not appear.
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Footnote 427:
Cod. Dipl. 981. § 28.
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The full extent of the rights obtained by the freedman, especially in
respect of inheritance, is not to be gathered from any existing
Anglosaxon document. It is probable that these were limited, as among
the Langobards and Franks: his offspring however were free, and his
marriage with a free woman, equal: his other rights, duties and
privileges, in short his general condition, were in all probability
determined by certain arrangements between himself and his lord previous
to the act of manumission. In such a case neither party would find much
difficulty in settling the terms of a bargain.
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NOTE.
Public-domain text, read in full here on John Shaqi.
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