History of the English People, Volume I (of 8) - Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216 by John Richard Green
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page 13 of 258 (05%)
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kinsman's keeper, bound to protect him from wrong, to hinder him from
wrong-doing, and to suffer with him and pay for him if wrong were done. So fully was this principle recognized that even if any man was charged before his fellow-tribesmen with crime his kinsfolk still remained in fact his sole judges; for it was by their solemn oath of his innocence or his guilt that he had to stand or fall. [Sidenote: The Land] As the blood-bond gave its first form to English justice, so it gave their first forms to English society and English warfare. Kinsmen fought side by side in the hour of battle, and the feelings of honour and discipline which held the host together were drawn from the common duty of every man in each little group of warriors to his house. And as they fought side by side on the field, so they dwelled side by side on the soil. Harling abode by Harling, and Billing by Billing; and each "wick" or "ham" or "stead" or "tun" took its name from the kinsmen who dwelled together in it. In this way the home or "ham" of the Billings was Billingham, and the "tun" or township of the Harlings was Harlington. But in such settlements the tie of blood was widened into the larger tie of land. Land with the German race seems at a very early time to have become everywhere the accompaniment of full freedom. The freeman was strictly the free-holder, and the exercise of his full rights as a free member of the community to which he belonged became inseparable from the possession of his "holding" in it. But property had not as yet reached that stage of absolutely personal possession which the social philosophy of a later time falsely regarded as its earliest state. The woodland and pasture-land of an English village were still undivided, and every free villager had the right of turning into it his cattle or swine. The |
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