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This was a decided innovation upon the usages of the Anglo-Saxons, and ultimately converted the Parliament, the FOLC-GEMOT, into two branches.
I venture to suggest to some modern writers that further inquiry will show them that FOLC-LAND was not confined to commonages, or unallotted portions, but that at the beginning it comprised all the land of the kingdom, and that the occupant did not enjoy it as owner-in-severalty; he had a good title against his fellow subjects, but he held under the FOLC-GEMOT, and was subject to conditions.
The lands won by the swords of all were the common property of all; they were the lands of the people, FOLC-LAND; they were distributed by lot at the FOLC-GEMOT; they were ODH-ALL lands; they were not held of any superior nor was there any service save that imposed by the common danger. The chieftains were elected and obeyed, because they represented the entire people.
It led to frequent contests between neighboring lords, in which the liberty and rights of the FREEMEN were imperilled. It also eventuated in the formation of a distinct order-the peerage and for a time the constitutional influence of the assembled people, the FOLC-GEMOT, was overborne.
Land was liable to be seized upon for treason and forfeited; but even after the monarchs had assumed the functions of the FOLC-GEMOT, they were not allowed to give land away without the approval of the great men; charters were consented to and witnessed in council. "There is scarcely a charter extant," says Chief Baron Gilbert, "that is not proof of this right."
Upon the retirement of the Romans, after an occupancy of about six hundred years, the lands reverted to the aborigines, but they, being unable to defend themselves, invited the SAXONS, the JUTES, and the ANGLES, who reduced them to serfdom, and seized upon the land; they acted as if it belonged to the body of the conquerors, it was allotted to individuals by the FOLC-GEMOT or assembly of the people, and a race of LIBERI HOMINES or FREEMEN arose, who paid no rent, but performed service to the state; during their sway of about six hundred years the institutions changed, and the monarch, as representing the people, claimed the right of granting the possession of land seized for treason by BOC or charter.
The king had his councillors, but there appears to have been no order between him and the FOLC-GEMOT. The Earls and the Thanes met with the people, but did not form a separate body. The Thanes were country gentleman, not senators.
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