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 evils of a course which, by preventing the possibility of marriage,
tends to the general neglect of morality, are as obvious in this state
of society, as in those where the indefinite partition of estates
reduces all the members of the higher classes to a state of poverty,—a
fact perfectly familiar in countries where the resources of trade are
not permitted to mitigate the mischief of subdivision.
The folcland then in England was the national stock. It is probable that
the same thing occurred in other Teutonic states, and that the folcland
there also formed a reserve from which endowments of individuals,
homeborn or foreign, and of religious houses, were made. Thus, “Princeps
de eius recuperatione simul et postulatione multum gavisus, et suum ad
hoc consensum et parentum adeptus est favorem; deditque illi in eisdem
partibus, multas possessiones _de publico_, quatinus viciniori potentia
soceris acceptior factus, non minori apud illos, quam in genitali solo
praecelleret dignitate[528].”
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Footnote 528:
Vit. S. Idae, Pertz, ii. 571.
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We cannot now tell the exact terms upon which the usufruct of the
folcland was permitted to individual holders. Much of it was probably
distributed in severalty, to be enjoyed by the grantee during his life,
and then to revert to the donor the State. As the holders of such lands
were most probably not included in the Marks, like the owners of
allodial property, they may have formed the proper basis of the original
gyldscipas, and have been more immediately subject to the jurisdiction
of the scírgemót; for it is impossible to believe that their condition
was one of such perfect freedom as that of the original allodial owners.
A portion also of the folcland may long have subsisted as common land,
subject to the general rights of all[529]. In this respect it must have
resembled the public land of the Romans. Only that, the true Roman
burghers or Patricians, being comparatively few, while the other
claimants were many, and self-defence therefore commanded the utmost
caution in admitting them to isotely,—the struggles between the
Patrician and Plebeian orders necessarily assumed in Rome a character of
exasperation and hostility which was wanting in England. But it does not
appear that in this country, the tribes of the Gewissas could have made
any claim to the folcland of the Mercians, or that those of the Welsh
would have found favour with any Saxon community.
-----
Footnote 529:
This seems the readiest way of accounting for the right of common
enjoyed by the king, ealdorman and geréfa, in nearly every part of
England; which right they could alienate to others. For the king’s
common of pasture, etc. see Cod. Dipl. Nos. 86, 119, 276, 288, etc.
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Public-domain text, read in full here on John Shaqi.
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