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In England during the sixties and seventies of last century the world of books was dominated by one Gargantuan type of fiction. The terms book and novel became almost synonymous in houses which were not Puritan, yet where books and reading, in the era of few and unfree libraries, were strictly circumscribed. George Gissing was no exception to this rule.
The chief duties of this singular commission were, to fix a money rental for all lands, free and unfree, in Clare and Connaught; to assess the taxation fairly due to the crown also in money; and to substitute generally the English law of succession for the ancient customs of Tanistry and gavelkind.
The law or custom which determines the rights of the small, often unfree or half-free tenant, whether as between him and his neighbour or as between him and his lord, may extend no further than a very small area, such as in England we call a manor. The law by which great men held their land from a king, though perhaps not uniform throughout the kingdom, will cover a much larger area.
When they did this, they were brought into very close relations with the unfree cultivators; they were parts of the same system and subject to some of the same regulations and services but their land was usually held on terms that were economically better than the serfs obtained, and they retained their personal freedom.
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 læt, the tiller of land which another owned.
We sometimes foolishly feel that a life thus hedged up, limited by these high boundaries on either side, must be uninteresting, monotonous, or unfree. It is not so. The walls are blessings, like the parapet on a mountain road, that keeps the travellers from toppling over the face of the cliff.
Thus both parties would be on their good behavior, and not, as at present, on their filial or parental behavior, which, like all unfree behavior, is mostly bad behavior. As to what other results might follow, we had better wait and see; for nobody now alive can imagine what customs and institutions would grow up in societies of free children.
Whether freedom brought them bread or whether they died of famine, the records fail to tell. At any rate the loss of the investment in their transportation, and the chagrin of the officials, materially hastened the conversion of the colony from a company enterprise into an industrial democracy. The use of unfree labor nevertheless continued on a private basis and on a relatively small scale.
Less clearly defined than the distinction between the free and the unfree was the distinction, which began to develop toward the middle of the century, and which was doubtless accentuated by the Cavalier migration from England during the Commonwealth period, between the small and the large landowner.
The law allowed, rather than entitled, a flaith to keep unfree people for servile occupations and the performance of unskilled labor for the public benefit. In reality they worked for his personal profit, oftentimes at the expense of the clan. They lived on his land, and he was responsible for their conduct.
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