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
Some of the institutions essential to the great aim of establishing
civil society at the least possible sacrifice of individual freedom—such
as the _Wergild_, the _Frank pledge_, etc.—will be investigated in their
proper places: they seem to offer a nearly perfect guarantee for society
at an early period. But for the present we must confine ourselves to the
subject of personal rank: and as the centre and groundwork of the whole
Teutonic scheme is the individual freeman, it is with him that we must
commence our investigation.
The natural divisions into which all human society must be distributed,
with respect to the beings that form it, are the _Free_ and the
_Unfree_[208], those who can protect themselves and those who must be in
the protection of others. Even in the family this distinction must be
found, and the wife and son are unfree in relation to the husband and
the father; they are in his _mund_. From this mund the son indeed may be
emancipated, but not the wife or daughter: these can only change it; the
wife by the act of God, namely the death of the husband; the daughter by
marriage. In both cases the mund passes over into other hands[209].
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Footnote 208:
“Summa itaque divisio personarum hæc est, quod omnes homines aut
liberi sunt aut servi.” Fleta, bk. i. cap. 1. “Est autem libertas,
naturalis facultas ejus, quod cuique facere libet, nisi quod de jure
aut vi prohibetur.” Ibid. cap. 2.
Footnote 209:
See Fleta, bk. i. cap. 5, 6, 7, 9.
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Originally the Freeman is he who possesses at least as much land as,
being tilled, will feed him, strength and skill to labour, and arms to
defend his possession. Married to one free woman who shares his toils,
soothes his cares, and orders his household, he becomes the founder of
the family—the first unit in the state: the son who springs from this
marriage, completes the family, and centres in himself the blood, the
civil rights and the affections of his two progenitors. It is thus,
through the son, that the family becomes the foundation of the
state[210].
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Footnote 210:
It is probably in this sense that the Hindu Institutes assert, “Then
only is a man perfect when he consists of three persons united, his
wife, himself, and his son.” Manu, ch. ix. 45.
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Public-domain text, read in full here on John Shaqi.
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