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قراءة كتاب Landholding in England

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Landholding in England

Landholding in England

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دار النشر: Project Gutenberg
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similar nomenclature, but there is as great a dissimilarity between the English and German names of the classes as between the former and those of Rome.

The Germanic MARK system has no counterpart in the land system introduced into England by the ANGLO-SAXONs. If village communities existed in England, it must have been before the invasion of the Romans. The German system, as described by Caesar, was suited to nomads—to races on the wing, who gave to no individual possession for more than a year, that there might be no home ties. The mark system is of a later date, and was evidently the arrangement of other races who permanently settled themselves upon the lands vacated by the older nations. And I may suggest whether, as these lands were originally inhabited by the Celts, the conquerors did not adopt the system of the conquered.

Even in the nomenclature of FEUDALISM, introduced into England in the fifth century, we are driven back to Scandinavia for an explanation. The word FEUDAL as applied to land has a Norwegian origin, from which country came Rollo, the progenitor of William the Norman. Pontoppidan ("History of Norway," p.290) says "The ODHALL, right of Norway, and the UDALL, right of Finland, came from the words 'Odh,' which signifies PROPRIETORS, and 'all,' which means TOTUM. A transposition of these syllables makes ALL ODH, or ALLODIUM, which means absolute property. FEE, which means stipend or pay, united with OTH, thus forming FEE-OTH or FEODUM, denoting stipendiary property. Wacterus states that the word ALLODE, ALLODIUM, which applies to land in Germany, is composed of AN and LOT—i.e., land obtained by lot.

I therefore venture the opinion that the settlement of England in the fifth and sixth centuries was not Teutonic or Germanic, but SCANDINAVIAN.

The lands won by the swords of all were the common property of all; they were the lands of the people, FOLC-LAND; they were distributed by lot at the FOLC-GEMOT; they were ODH-ALL lands; they were not held of any superior nor was there any service save that imposed by the common danger. The chieftains were elected and obeyed, because they represented the entire people. Hereditary right seems to have been unknown. The essence of feudalism WAS A LIFE ESTATE, the land reverted either to the sovereign or to the people upon the death of the occupant. At a later period the monarch claimed the power of confiscating land, and of giving it away by charter or deed; and hence arose the distinction between FOLC-LAND and BOC-LAND (the land of the book or charter), a distinction somewhat similar to the FREEHOLD and COPYHOLD tenures of the present day. King Alfred the Great bequeathed "his BOC-LAND to his nearest relative; and if any of them have children it is more agreeable to me that it go to those born on the male side." He adds, "My grandfather bequeathed his land on the spear side, not on the spindle side; therefore if I have given what he acquired to any on the female side, let my kinsman make compensation."

The several ranks were thus defined by Athelstane:

"1st. It was whilom in the laws of the English that the people went by ranks, and these were the counsellors of the nation, of worship worthy each according to his condition—'eorl,' 'ceorl,' 'thegur,' and 'theodia.'

"2d. If a ceorl thrived, so that he had fully five hides (600 acres) of land, church and kitchen, bell-house and back gatescal, and special duty in the king's hall, then he was thenceforth of thane-right worthy.

"3d. And if a thane thrived so that he served the king, and on his summons rode among his household, if he then had a thane who him followed, who to the king utward five hides, had, and in the king's hall served his lord, and thence, with his errand, went to the king, he might thenceforth, with his fore oath, his lord represent at various needs, and his and his plant lawfully conduct wheresoever he ought.

"4th. And he who so prosperous a vicegerent had not, swore for himself according to his right or it forfeited.

"5th. And if a 'thane' thrived so that he became an eorl, then was he thenceforth of eorl-right worthy.

"6th. And if a merchant thrived so that he fared thrice over the wide sea by his own means (or vessels), then was he thenceforth of thane-right worthy."

The oath of fealty, as prescribed by the law of Edward and Guthrum, was very similar to that used at a later period, and ran thus:

"Thus shall a man swear fealty: By the Lord, before whom this relic is holy, I will be faithful and true, and love all that he loves, and shun all that he shuns, according to God's law, and according to the world's principles, and never by will nor by force, by word nor by work, do aught of what is loathful to him, on condition that he me keep, as I am willing to deserve, and all that fulfil, that our agreement was, when I to him submitted and chose his will."

The Odh-all (noble) land was divided into two classes: the in-lands, which were farmed by slaves under Bailiffs, and the out-lands, which were let to ceorls either for one year or for a term. The rents were usually paid in kind, and were a fixed proportion of the produce. Ina, King of the West Saxons, fixed the rent of ten hides (1200 acres), in the beginning of the eighth century, as follows: 10 casks honey, 12 casks strong ale, 30 casks small ale, 300 loaves bread, 2 oxen, 10 wedders, 10 geese, 20 hens, 10 chickens, 10 cheeses, 1 cask butter, 5 salmon, 20 lbs. forage, and 100 eels. In the reign of Edgar the Peaceable (tenth century), land was sold for about four shillings of the then currency per acre. The Abbot of Ely bought an estate about this time, which was paid for at the rate of four sheep or one horse for each acre.

The FREEMEN (LIBERI HOMINES) were a very numerous class, and all were trained in the use of arms. Their FOLC-LAND was held under the penalty of forfeiture if they did not take the field, whenever required for the defence of the country. In addition, a tax, called Danegeld, was levied at a rate varying from two shillings to seven shillings per hide of land (120 acres); and in 1008, each owner of a large estate, 310 hides, was called on to furnish a ship for the navy.

Selden ("Laws and Government of England," p. 34) thus describes the FREEMEN among the Saxons, previous to the Conquest:

"The next and most considerable degree of all the people is that of the FREEMEN, anciently called Frilingi, [Footnote: This is a Teutonic, not an ANGLO-SAXON term; the ANGLO-SAXON word is Thane.] or Free-born, or such as are born free from all yoke of arbitrary power, and from all law of compulsion, other than what is made by their voluntary consent, for all FREEMEN have votes in the making and executing of the general laws of the kingdom. In the first, they differed from the Gauls, of whom it is noted that the commons are never called to council, nor are much better than servants. In the second, they differ from many free people, and are a degree more excellent, being adjoined to the lords in judicature, both by advice and power (consilium et authoritates adsunt), and therefore those that were elected to that work were called Comites ex plebe, and made one rank of FREEMEN for wisdom superior to the rest. Another degree of these were beholden for their riches, and were called Custodes Pagani, an honorable title belonging to military service, and these were such as had obtained an estate of such value as that their ordinary arms were a helmet, a coat of mail, and a gilt sword. The rest of the FREEMEN were contented with the name of Ceorls, and had as sure a title to their own liberties as the Custodes Pagani or the country gentlemen had."

Land was liable to be seized upon for treason and forfeited; but even after the monarchs had assumed the functions of the FOLC-GEMOT, they were not allowed to give land away without the approval of the great men; charters were consented to and witnessed in council. "There is scarcely a charter extant," says Chief Baron Gilbert, "that is not proof of this right." The grant of Baldred, King of Kent, of the

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