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 honor 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 dwelt 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 dwelt 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 meadow-land lay in like manner open and undivided from hay-harvest to spring. It was only when grass began to grow afresh that the common meadow was fenced off into grass-fields, one for each household in the village; and when hay-harvest was over fence and division were at an end again. The plough-land alone was permanently allotted in equal shares both of corn-land and fallow-land to the families of the freemen, though even the plough-land was subject to fresh division as the number of claimants grew greater or less.
It was this sharing in the common land which marked off the freeman or ceorl from the unfree man or loot, the tiller of land which another owned. As the ceorl was the descendant of settlers who whether from their earlier arrival or from kinship with the original settlers of the village had been admitted to a share in its land and its corporate life, so the loot was a descendant of later comers to whom such a share was denied, or in some cases perhaps of earlier dwellers from whom the land had been wrested by force of arms. In the modern sense of freedom the last was free enough. He had house and home of his own, his life and limb were as secure as the ceorl's save as against his lord; it is probable from what we see in later laws that as time went on he was recognized among the three tribes as a member of the nation, summoned to the folk-moot, allowed equal right at law, and called like the full free man to the hosting. But he was unfree as regards lord and land. He had neither part nor lot in the common land of the village. The ground which he tilled he held of some free man of the tribe to whom he paid rent in labor or in kind. And this man was his lord. Whatever rights the unfree villager might gain in the general social life of his fellow-villagers, he had no rights as against his lord. He could leave neither land nor lord at his will. He was bound to render due service to his lord in tillage or in fight. So long, however, as these services were done the land was his own. His lord could not take it from him ; and he was bound to give him aid and protection in exchange for his services.
Far different from the position of the last was that of the slave, though there is no ground for believing that the slave class was other than a small one. It was a class which sprang mainly from debt or crime. Famine drove men to "bend their heads in the evil days for meat;" the debtor, unable to discharge his debt, flung on the ground his freeman's sword and spear, took up the laborer's mattock, and placed his head as a slave within a master's hands. The criminal whose kinsfolk would not make up his fine became a crime-serf of the plaintiff or the king. Sometimes a father pressed by need sold children and wife into bondage. In any case the slave became part of the live stock of his master's estate, to be willed away at death with horse or ox, whose pedigree was kept as carefully as his own. His children were bondsmen like himself; even a freeman's children by a slave mother inherited the mother's taint. " Mine is the calf that is born of my cow," ran an English proverb. Slave jab-ins clustered round the homestead of every rich landowner; ploughman, shepherd, goatherd, swineherd, oxherd and cowherd, dairymaid, barn-man, sower, hayward and woodward, were often slaves. It was not indeed slavery such as we have known in modern times, for stripes and bonds were rare : if the slave was slain it was by an angry blow, not by the lash. But his master could slay him if he would; it was but a chattel the less. The slave had no place in the justice court, no kinsmen to claim vengeance or guilt-fine for his wrong. If a stranger slew him his lord claimed the damages; if guilty of wrong-doing, "his skin paid for him" under his master's lash. If he fled he might be chased like a strayed beast, and when caught he might be flogged to death. If the wrong-doer were a woman-slave she might be burned.
With the public life of the village, however, the slave had nothing, the bet in early days little, to do. In its moot, the common meeting of its villagers for justice and government, a slave had no place or voice, while the leet was originally represented by the lord whose land he tilled. The life, the sovereignty of the settlement resided solely in the body of the freemen whose holdings lay round the moot-hill or the sacred tree where the community met from time to time to deal out its own justice and to make its own laws. Here new settlers were admitted to the freedom of the township, and by-laws framed and headman and tithing-man chosen for its governance. Here ploughland and meadow-land were shared in due lot among the villagers, and field and homestead passed from man to man by the delivery of a turf cut from its soil. Here strife of farmer with farmer was settled according to the "customs" of the township as its elder men stated them, and four men were chosen to follow headman or ealdorman to hundred-court or war. It is with a reverence such as is stirred by the sight of the head-waters of some mighty river that one looks back to these village-moots of Friesland or Sleswick. It was here that England learned to be a "mother of Parliaments." It was in these tiny knots of farmers that the men from whom Englishmen were to spring learned the worth of public opinion, of public discussion, the worth of the agreement, the "common sense," the general conviction to which discussion leads, as of the laws which derive their force from being expressions of that general conviction. A humorist of our own day has laughed at Parliaments as "talking shops," and the laugh has been echoed by some who have taken humor for argument. But talk is persuasion, and persuasion is force, the one force which can sway freemen to deeds such as those which have made England what she is. The "talk" of the village moot, the strife and judgment of men giving freely their own redo and setting it as freely aside for what they learn to be the wiser rode of other men, is the groundwork of English history.
Small therefore as it might be, the township or village was thus the primary and perfect type of English life, domestic, social, and political. All that England has been since lay there. But changes of which we know nothing had long before the time at which our history opens grouped these little commonwealths together in larger communities, whether we name them Tribe, People, or Folk. The ties of race and kindred were no doubt drawn tighter by the needs of war. The organization of each Folk, as such, sprang in all likelihood mainly from war, from a common greed of conquest, a common need of defence. Its form at any rate was wholly military. The Folk-moot was in fact the war-host, the gathering of every freeman of the tribe in arms. The head of the Folk, a head who existed only so long as war went on, was the leader whom the host chose to command it. Its Witenagemote or meeting of wise men was the host's council of war, the gathering of those ealdormen who had brought the men of their villages to the field. The host was formed by levies from the various districts of the tribe; the larger of which probably owed their name of "hundreds" to the hundred warriors which each originally sent to it. In historic times, however, the regularity of such a military organization, if it ever existed, had passed away, and the quotas varied with the varying customs of each district. But men, whether many or few, were still due from each district to the host, and a cry of war at once called town-reeve and hundred-reeve with their followers to the field.
The military organization of the tribe thus gave from the first its form to the civil organization. But the peculiar shape which its civil organization assumed was determined by a principle familiar to the Germanic races and destined to exercise a vast influence on the future of man. kind. This was the principle of representation. The four or ten villagers who followed the reeve of each township to the general muster of the hundred were held to represent the whole body of the township from whence they came. Their voice was its voice, their doing its doing, their pledge its pledge. The hundred-moot, a moot which was made by this gathering of the representatives of the townships that lay within its bounds, thus became at once a court of appeal from the moots of each separate village as well as of arbitration in dispute between township and township. The judgment of graver crimes and of life or death fell to its share; while it necessarily possessed the same right of law-making for the hundred that the village-moot possessed for each separate village. And as hundred-moot, stood above town-moot, so above the hundred-moot stood the Folk-moot, the general muster of the people in arms, at once war-host and highest law-court and general Parliament of the tribe. But whether in Folk-moot or hundred-moot, the principle of representation was preserved. In both the constitutional forms, the forms of deliberation and decision, were the same. In each the priests proclaimed silence, the ealdormen of higher blood spoke, groups of freemen from each township stood round, shaking their spears in assent,clashing shields in applause, settling matters in the end by loud shouts of "Aye" or "Nay."
