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
CHAPTER IV.
LANDED POSSESSION. THE EÐEL, HÍD OR ALOD.
Possession of a certain amount of land in the district was the
indispensable condition of enjoying the privileges and exercising the
rights of a freeman[145]. There is no trace of such a qualification as
constituted citizenship at Athens or Rome: among our forefathers, the
exclusive idea of the _city_ had indeed no sway. They formed voluntary
associations upon the land, for mutual benefit; the qualification by
birth, as far as it could be of any importance, was inferred from the
fact of admission among the community; and _gelondan_, or those who
occupied the same land, were taken to be connected in blood[146]. An
inquiry into the pedigree of a man who presented himself to share in the
perils of the conquest or the settlement, would assuredly have appeared
superfluous; nor was it more likely to be made, when secure enjoyment
came to reward the labours of invasion. In fact the Germanic
settlements, whether in their origin isolated or collective, are based
throughout upon the idea of common property in land. It is not the city,
but the country, that regulates their form of life and social
institutions: as Tacitus knew them, they bore in general the character
of disliking cities: “It is well enough known,” he says, “that none of
the German populations dwell in cities; nay that they will not even
suffer continuous building, and house joined to house. They live apart,
each by himself, as the woodside, the plain or the fresh spring
attracted him”[147]. Thus the Germanic community is in some sense
_adstricta glebae_, bound to the soil: its members are sharers in the
arable, the forest and the marsh, the waters and the pastures: their
bond of union is a partnership in the advantages to be derived from
possession of the land, an individual interest in a common benefit.
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Footnote 145:
Even till the latest period, personal property was not reckoned in the
distinction of ranks, although land was. No amount of mere chattels,
gold, silver, or goods, could give the Saxon franchise. See the
ordinance Be Wergyldum, § 10. Be Geþincðum, § 2. Thorpe, i. 189, 191.
This is a fundamental principle of Teutonic law: “Ut nullum liberum
sine mortali crimine liceat inservire, nec de haereditate sua
expellere; sed liberi, qui iustis legibus deserviunt, sine impedimento
haereditates suas possideant. Quamvis pauper sit, tamen libertatem
suam non perdat, nec haereditatem suam, nisi ex spontanea voluntate,
se alicui tradere voluerit, hoc potestatem habeat faciendi.” Lex Alam.
Tit. I. cap. 1. Lex Baiovar. Tit. 6. cap. 3. § 1. Eichhorn, i. 328,
note _d_. Loss of land entailed loss of condition in England, long
after the establishment of our present social system. A beautiful
passage to this effect occurs in the play of “A Woman killed with
kindness”: a gentleman refuses to part with his last plot of ground,
on this account:
Public-domain text, read in full here on John Shaqi.
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