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 particular considerations which arise from the contemplation of
these principles in their progressive development, will find their place
in the several chapters of this Book: it deals with land held in
community, and severalty; with the nature and accidents of tenure; with
the distinction and privileges of the various classes of citizens, the
free, the noble and the serf; and with the institutions by which a
mutual guarantee of life, honour and peaceful possession was attempted
to be secured among the Anglosaxons. These are the _incunabula_, first
principles and rudiments of the English law[56]; and in these it
approaches, and assimilates to, the system which the German conquerors
introduced into every state which they founded upon the ruins of the
Roman power.
Footnote 56:
“Incunabula et rudimenta virtutis.” Cic. de Off.
As land may be held by many men in common, or by several households,
under settled conditions it is expedient to examine separately the
nature and character of these tenures: and first to enquire into the
forms of possession in common; for upon this depends the political being
of the state, its constitutional law, and its relative position towards
other states. Among the Anglosaxons land so held in common was
designated by the names Mark, and Gâ or Shire.
The smallest and simplest of these common divisions is that which we
technically call a Mark or March (mearc); a word less frequent in the
Anglosaxon than the German muniments, only because the system founded
upon what it represents yielded in England earlier than in Germany to
extraneous influences. This is the first general division, the next in
order to the private estates or alods of the Markmen: as its name
denotes, it is something marked out or defined, having settled
boundaries; something serving as a sign to others, and distinguished by
signs. It is the plot of land on which a greater or lesser number of
free men have settled for purposes of cultivation, and for the sake of
mutual profit and protection; and it comprises a portion both of arable
land and pasture, in proportion to the numbers that enjoy its
produce[57].
Public-domain text, read in full here on John Shaqi.
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