132
THE SAXONS IN ENGLAND.
[book i.
The rights of a freeman are these. He has land
within the limits of the community, the éSel or
hereditary estate (κληpoc, hæredium, hyd) by virtue
of which he is a portion of the community, bound
to various duties and graced with his various pri-
vileges. For although his rights are personal, in-
herent 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 con-
terminous 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
Ding, 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 associa-
tions 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
CH. V.]
THE FREEMAN. THE NOBLE.
133
prevent him : but he must go by open day and pub-
licly, (probably not without befitting ceremonies
and a symbolical renunciation of his old seats,) that
all may have their claims upon him settled before
he departs1.
The freeman must possess, and may bear arms ;
he is born to them, Schildburtig ; he wears them on
all occasions, public and private, “ nihil neque pub-
Iicae neque privatae rei nisi armati agunt2;” he is
entitled to use them for the defence of his life and
honour ; for he possesses the right of private war-
fare, and either alone, or with the aid of his friends,
may fight, if it seems good to him. This right is
technically named fsehlδe, feud, from fa, inimicus ;
aud to be exposed to it is f⅛hδe beran, to bear the
feud3. If he be strong enough, or ill-disposed
enough, to prefer a violent to a peaceful settlement
of his claims, he may attack, imprison and even
slay his adversary, but then he must bear the feud
of the relations.
Beside the arms he wears, the sign and ornament
of his freedom is the long hair which he suffers
ɪ “ 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 nac7ιjagende Herr," (i. e. Lord hunting after them, the
Domimis persequens of our early law-books). Lunig. Reichsarch.
p. spec, cont. 4. p. 803. See further Grimm, Deut. Rechtsalt. 286,
etc.
a Tae. Germ, xiii. A century ago gentlemen wore swords in France
and England, and courtiers still wear them. The Hungarian freeman
transacts no public business unarmed.
3 Lex. Fres. ii. 2.