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 rights of a freeman are these. He has land within the limits of the
community, the éðel or hereditary estate (κληρος, hæredium, hýd) by
virtue of which he is a portion of the community, bound to various
duties and graced with his various privileges. For although his rights
are personal, inherent in himself, and he may carry them with him into
the wilderness if he please, still, where he shall be permitted to
execute them depends upon his possession of lands in the various
localities. In these he is entitled to vote with his fellows upon all
matters concerning the general interests of the community; the election
of a judge, general or king; the maintenance of peace or war with a
neighbouring community; the abrogation of old, or the introduction of
new laws; the admission of conterminous freemen to a participation of
rights and privileges in the district. He is not only entitled but bound
to share in the celebration of the public rites of religion, to assist
at the public council or Ðing, where he is to pronounce the customary
law, by ancient right, and so assist in judging between man and man;
lastly to take part, as a soldier, in such measures of offence and
defence as have been determined upon by the whole community. He is at
liberty to make his own alliances, to unite with other freemen in the
formation of gilds or associations for religious or political purposes.
He can even attach himself, if he will, to a lord or patron, and thus
withdraw himself from the duties and the privileges of freedom. He and
his family may depart whither he will, and no man may follow or prevent
him: but he must go by open day and publicly, (probably not without
befitting ceremonies and a symbolical renunciation of his old seats,)
that all may have their claims upon him settled before he departs[214].
-----
Footnote 214:
“Si quis liber homo migrare voluerit aliquo, potestatem habeat infra
dominium regni nostri, cum fara sua, migrare quo voluerit.” Leg. Roth.
177. The free folk on the Leutkircher Heide “are free and shall have
no _nachjagende Herr_,” (_i. e._ Lord hunting after them, the _Dominus
persequens_ of our early law-books). Lünig. Reichsarch. p. spec. cont.
4. p. 803. See further Grimm, Deut. Rechtsalt. 286, etc.
-----
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