1538. WINTERS, WILLIAM. Passages in the life and reign of Harold, the last of the Saxon kings. Royal Hist. Soc., Trans., v. 173-215. London, 1877.

1539. WORSAAE, J. J. A. Minder om de Danske og Nordmaendene i England, Skotland og Irland. Copenhagen, 1851. — Translation: An account of the Danes and Norwegians in England, Scotland, and Ireland. London, 1852.

Deals in detail with the influence of the Danes upon English institutions. The work is valuable, though it exaggerates the results of the Danish invasions.

1540.

Copenhagen, 1863.

Den danske Erobring af England og Normandiet.

$ 43. THE MAEGTH, LAND-LAWS, AND
CLASSES OF SOCIETY.

Young's essay on family law (No. 1491) contains the best general account of the maegth, and is supplemented by the works of Von Amira and Roeder (Nos. 1541, 1553). Pollock and Maitland (No. 657), bk. ii. ch. vi. § 1, contend that there was no system of mutually exclusive clans, and no permanent organisation of the blood-feud group. Owing to the meagreness of the sources, much obscurity still overhangs such questions as the limits of a maegth and the rules of inheritance. Most writers believe that preference was shown to the sons in the inheritance of lands, but Opet (No. 1552) contends that the daughters inherited lands on equal terms with the sons. There is a valuable account of the kindred in Wales in Seebohm's Tribal System (No. 1116).

On the Anglo-Saxon land-laws, see also §§ 22, 40, especially Nos. 1491, 1493. Vinogradoff's view regarding the nature of folkland (No. 1555) has been accepted by some of the best authorities. Brunner (No. 1543) deals in detail with bookland, and Earle (No. 1416) with laenland. Maitland's Domesday Book (No. 1493) throws much light on the land-laws, and contains the best account of early feudalism. On this latter subject Round's essay on knights' service (No. 2827) and Zinkeisen's work (No. 1584) should also be consulted. The most scholarly discussion of the hide is furnished by Maitland (No. 1493); see also No. 1554

On the classes of society, see also § 22. The works of Heywood and Maurer (Nos. 1548, 1551) are still useful. Allen (No. 719) advances some plausible arguments in favour of the view that,

throughout the Anglo-Saxon period, the eorl was an officer of state, and was never in England a noble by birth. Earle (No. 1416) presents some novel ideas regarding gesiths; and Jastrow (No. 1549) gives a scholarly account of the condition of the slaves. On the status of the freemen and the dependent classes, see the authors mentioned in § 44 a.

1541. AMIRA, KARL VON. gliederung nach den alt-niederdeutschen Rechten. Munich, 1874. Das angelsächsische Recht, 72-111.

Erbenfolge und Verwandtschafts

1542. BRUNNER, HEINRICH.

Sippe und Wergeld. Zeitschrift

für Rechtsgeschichte, xvi., Germ. Abth., 1-101. Weimar, 1882. Das angelsächsische Recht, 14-18.

1543.

Zur Rechtsgeschichte der römischen und germani

schen Urkunde. Vol. i.

Berlin, 1880.

Das angelsächsische Landbuch, 149-208. Deals mainly with bookland. Valuable.

1544. BUCKSTAFF, F. G. Married women's property in AngloSaxon and Anglo-Norman law. American Academy of Political and Social Science, Annals, iv. 33-64. Philadelphia, 1893.

1545. FRIEDBERG, EMIL.

Leipsic, 1865.

England, 33-57.

Das Recht der Eheschliessung.

1546. GANS, EDUARD.

Das Erbrecht in weltgeschichtlicher

Entwickelung. 4 vols. Berlin, etc., 1824-35.

England to the end of the 15th century, iv. 250-457.

1547. HERMANN, EMIL. Die Ständegliederung bei den Sachsen und Angelsachsen. Breslau, 1884.

He tries to prove that the laeti' formed the basis of the wergeld system, but his arguments are not convincing. In the appendix he deals also with folkland and bookland.

1548. HEYWOOD, SAMUEL. A dissertation upon the distinctions in society and ranks of the people under the Anglo-Saxon governments. London, 1818.

A detailed account, which is still useful.

1549. JASTROW, IGNAZ. Zur strafrechtlichen Stellung der Sklaven bei den Deutschen und Angelsachsen. Berlin, 1878. pp. 84.

Die Angelsachsen, 38-83.

1550. LITTLE, A. G. Gesiths and thegns. Review, iv. 723-9. London, 1889.

Deals especially with their relation to the five-hide unit.

English Hist.

1551. MAURER, KONRAD. Ueber das Wesen des ältesten Adels der deutschen Stämme. Munich, 1846.

Die Angelsachsen, 123-95.

1552. OPET, OTTO. Erbrechtliche Stellung der Weiber in der Zeit der Volksrechte. Breslau, 1888. pp. 86.

Das angelsächsische Recht, 75-82. Contends that no preference was shown to the sons in the inheritance of property.

1553. †ROEDER, FRITZ. Die Familie bei den Angelsachsen. Pt. i. Halle, 1899.

1554. TAYLOR, C. S. The pre-Domesday hide of Gloucestershire. Bristol and Glouc. Archæol. Soc., Trans., xviii. 288-319. Bristol, [1895].

Valuable.

1555. *VINOGRADOFF, PAUL. Folkland. English Hist. Review, viii. 1-17. London, 1893.

Allen, in his Growth of the Royal Prerogative (No. 661), pp. 125–55, introduced the view that folkland was the land owned by the folk or nation, and this remained the prevalent doctrine until Vinogradoff's essay was published. The latter shows that folkland is the proper name for what Kemble and other writers have called ethel; that folkland was land held by folklaw or custom, as distinguished from bookland, which was land held by a charter or 'book.'

$ 44. LOCAL GOVERNMENT.

a. The Vill and the Manor, Nos. 1556-62.

b. Borough, Hundred, Shire, etc., Nos. 1563-73.

a. THE VILL AND THE MANOR.

Kemble (No. 1492) was the first to emphasise the influence of the so-called 'mark' community in England. Nasse (No. 1219) made use of the results attained by G. L. von Maurer, and showed that in England, as in Germany, the open-field system was the shell of the village community. Like Kemble, he lays stress upon the communalism of the early village. Maine (No. 1559) tries to confirm the views of Kemble and Nasse by the study of modern analogies in India. Seebohm (No. 1562) contends that all these

writers are wrong in assuming the existence of the 'mark' system in England; he holds that the English village community was derived from the Roman villa, and was manorial or servile throughout the Anglo-Saxon period. Earle (No. 1416) believes that the nucleus of the manor was the settlement of Anglo-Saxon warriors under military chiefs, who soon became manorial lords; and Andrews (No. 1556) emphasises the clan chieftain as the most potent element in the origin of manors. Meitzen, Maitland, and Vinogradoff (Nos. 1217, 1493, 3054) present some strong arguments against Seebohm's theory. Maitland's work is particularly valuable; he believes that the early English village had little communalism, but was inhabited by freemen who owned land in severalty.

For some account of the literature of this subject, see Bryan, The Mark (No. 1327); and Vinogradoff, Villainage (No. 3054), 139. See also § 33, and Nos. 719, 834, 1018, 1401, 1584, 1586.

1556. *ANDREWS, C. M. The old English manor. Baltimore, 1892.

A detailed account of the lands and tenants of the manor, agricultural arrangements, recreations, etc.

1557. ASHLEY, W. J. The Anglo-Saxon township. Quarterly Journal of Economics, viii. 345-61. Boston, 1894.

Deals with the name and functions of the township. His Economic History (No. 1193), bk. i. ch. i., contains a good short account of manorial history.

1558. GOMME, G. L. The village community, with special reference to Britain. London, 1890.

Contends that the village community was common to all Aryan peoples, and hence existed in Celtic as well as in Anglo-Saxon England.

1559. MAINE, H. S. Village communities in the east and west. London, 1871. 3rd edition, 1876.

Ch. iii. The western village community. | Ch. v. The process of feudalisation. Maine's view that the villages of India represent an ancient communal holding of land has recently been controverted: see B. H. Baden-Powell, The Indian Village Community, London, 1896, and his Origin and Growth of Village Communities in India, London, 1899.

1560. MAITLAND, F. W. Surnames of English villages. Archæol. Review, iv. 233-40. London, 1889.

Tries to show that the township was originally identical with the hundred, and that the latter gradually resolved itself into various townships.

1561. MAITLAND, F. W. The survival of archaic communities. Law Quarterly Review, ix. 36-50, 211-28. London, 1893.

Argues against the antiquity of communal ownership of land. For a valuable account of the manor, see his Domesday Book (No. 1493), essay ii.

1562. *SEEBOHM, FREDERIC. The English village community, London, 1883. 4th edition, 1890.

Throws much light on the early agricultural system.

b. BOROUGH, HUNDRED, SHIRE, ETC.

For the general treatises on boroughs and gilds, see § 24. The best account of early municipal history is Maitland's (No. 1567). Kemble (No. 1492) deals with the subject in detail, but is misled by continental analogies. Coote (No. 1298), ii. 342-413, and Wright (No. 420), ch. xvi., advocate the Roman origin of boroughs and gilds, but their arguments are not convincing. On the early history of the shire, see the essays of Freeman, Robertson, and Taylor (Nos. 823, 1499, 1572). On the hundred, besides the works mentioned below, see No. 1560; and on the tithing, § 45 and No. 719. An account of the various territorial divisions will also be found in the general treatises (§§ 17 b,'40), and in Pearson's Maps (No. 366), 27– 30, 55-59.

1563. Census of Great Britain, 1851. Population tables, vol. i. Parl. Papers, 1852-53, vol. lxxxv. London, 1852.

Origin of shires, hundreds, etc., pp. lvi.-lxxxii.

1564. FELLOWS, G. E. The Anglo-Saxon towns and their polity. Berne, 1890.

Unscholarly; of no value.

1565. JENKS, EDWARD. The problem of the hundred. English Hist. Review, xi. 510-14. London, 1896.

For the hundred and the shire, see also his Law and Politics (No 655), ch. v.

1566. LIEBERMANN, FELIX. Die englische Gilde im achten Jahrhundert. Archiv für das Studium der Neueren Sprachen, etc., 1896, pp. 333-40. Brunswick, 1896.

Deals with two of Alcuin's letters, which refer to 'conjurationes' or conven ticula.'