The Saxons in England Author:John Mitchell Kemble Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 3. CHAPTER II. THE MARK. All that we learn of the original principle of settlement, prevalent either in England or on the continent of Europe, among th... more »e nations of Germanic blood, rests upon two main foundations; first, the possession of land; second, the distinction t of rank; and the public law of every Teutonic tribe implies the dependence of one upon the other principle, to a greater or less extent. Even as he who is not free can, at first, hold no land within the limits of the community, so is he who holds no land therein, not fully free, whatever his personal rank or character may be. Thus far the Teutonic settler differs but little from the ancient Spartiate or the comrade of Romulus. The particular considerations which arise from the contemplation of these principles in their progressive development, will find their place in the several chapters of this Book: it deals with land held in community, and severalty; with the nature and accidents of tenure; with the distinction and privileges of the various classes of citizens, the free, the noble and the serf; and with the institutions by which a mutual guarantee of life, honour and peaceful possession was attempted to be secured amongthe Anglosaxons. These are the incunabula, first principles and rudiments of the English lawi; and in these it approaches, and assimilates to, the system which the German conquerors introduced into every state which they founded upon the ruins of the Roman power. As land may be held by many men in common, or by several households, under settled conditions it is expedient to examine separately the nature and character of these tenures: and first to enquire into the forms of possession in common; for upon this depends the political being of the state, its constitutional law, and its ...« less