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
in their courts, instead of their own old county gemótas; while the
lords themselves ran riot, dealt with their once free neighbours at
their own discretion, and filled the land with civil dissensions which
not even the terrors of a foreign invasion could still. Nothing can be
more clear than that the universal breaking up of society in the time of
Æðelred had its source in the ruin of the old free organization of the
country. The successes of Swegen and Cnut, and even of William the
Norman, had much deeper causes than the mere gain or loss of one or more
battles. A nation never falls till “the citadel of its moral being” has
been betrayed and become untenable. Northern invasions will not account
for the state of brigandage which Æðelred and his Witan deplore in so
many of their laws. The ruin of the free cultivators and the overgrowth
of the lords are much more likely causes. At the same time it is even
conceivable that, but for the invasions of the ninth and tenth
centuries, the result which I have described might have come upon us
more suddenly. The sword and the torch, plague, pestilence and famine
are very effectual checks to the growth of population, and sufficient
for a long time to adjust the balance between the land and those it has
to feed.
An estate of bócland might be subject to conditions. It was perhaps not
always easy to obtain from the Witan all that avarice desired:
accordingly we sometimes find limitations in grants, to a certain number
of lives with remainders and reversions. And it was both law and custom
not only that the first acquirer might impose what conditions he pleased
upon the descent of the estate, but that to all time his expressed will
in that respect should bind those who derived their title from him[557].
Ælfred requires his Witan, who are the guarantees and administrators of
his will, to see that he has not violated the disposition of his
ancestors by leaving lands to women which had been entailed on the male
line, and _vice versâ_[558]; and we have cases of grants solemnly
avoided for like want of conformity. More questionable in point of
principle is the right attempted to be set up by some of these
purchasers, to bar escheat and forfeiture of the land upon felony of
their heirs or devisees.
-----
Footnote 557:
Leg. Ælfr. § 41.
Footnote 558:
Cod. Dipl. No. 314.
-----
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account