ide a belt as possible of waste land. They deem it not only
a special mark of valor that every neighboring tribe should be driven
to a distance, and that no stranger should dare to reside in their
vicinity, but at the same time they regard it as a precautionary
measure against sudden attacks."[2]
[2] Caesar, "Gallic War," Book VI.
84. Folkland.
Each tribe, in forming its settlement, seized more land than it
actually needed. This excess was known as Folkland (the People's
land,[3] and might be used by all alike for pasturing cattle or
cutting wood. With the consent of the Witan, the King might grant
portions of this Folkland as a reward for services done to himself or
to the community. Such grants were usually conditional and could only
be made for a time. Eventually they returned to the community.
Other grants, however, might be made in the same way, which conferred
full ownership. Such grants were called Bocland (Book land), because
conveyed by writing, or registered in a charter or book. In time the
King obtained the power of making these grants without having to
consult the Witan, and at last the whole of the Folkland came to be
regarded as the absolute property of the Crown.
85. Duties of Freemen.
Every freeman was obliged to do three things: 1. He must assist in the
maintenance of roads and bridges. 2. He must aid in the repair of
forts. 3. He must serve in case of war. Whoever neglected or refused
to perform this last and most important of all duties was dclard to be
a "nithing," or infamous coward.[4]
[4] Also written Niding. The English, as a rule, were more afraid of
this name than of death itself.
86. The Feudal System (see, too, the Constitutional Summary in the
Appendix, p. iii, S5).
The essential principle of the feudal system was the holding of land
on condition of military or other service. It appears to have
gradually grown up in England from grants made by the King. In
addition to the Eorls (earls)[1] or nobles by birth, there gradually
grew up a class known as Thanes (companions or servants of the King),
who in time outranked those who were noble by birth. He would
frequently have occasion to give rewards to the nobles and chief men
for faithful service and for deeds of valor. As nearly all his wealth
consisted in land, he would naturally give that. To this gift,
however, he would attach a condition. On making such a grant the King
required the receiver to agree to
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