In my opinion, then, there is no legitimate ground for the doctrine that the relation of the king's thanes to the inferior thanes, was a feudal relation. It was the natural relationship which necessarily arose, at the origin of society, between the various degrees of power and wealth. The poor and the weak lived under the surveillance and protection of those who were richer and more powerful.
As I have already observed, the freemen were divided into two classes,--thanes and ceorls. I shall now speak of the second class. The ceorls were freemen who lived on the estates of the thanes, and cultivated them. Their free condition has been called in question, wrongly, as I think, for various reasons:
1st. The composition for the life of a ceorl was two hundred shillings, and the characteristic mark of his liberty is that a portion of this composition was paid to his family, and not to the proprietor of the estate on which he lived; whereas, the composition for the life of a slave was always paid to his owner.
2nd. In the early times of the Saxon monarchy, the ceorls were able to leave the land which they cultivated, whenever they pleased; by degrees, however, they lost this liberty.
3rd. They had the right of bearing arms, and might go to war; whereas, slaves did not possess this right. When Earl Godwin attacked King Edward, he armed all the ceorls on his estates; and, at the time of the Danish invasions, the ceorls fought in defence of their country.
4th. They were also capable of possessing property, and when they owned five hides of land they passed into the class of thanes, as did also merchants who had made three voyages to foreign lands. Hence the origin of the English yeomanry. The yeoman is the freeholder, who, possessing an income of forty shillings from land, votes at county elections, and may sit on juries; _probus et legalis homo_.
5th. The ceorls were admitted to give evidence, only, it is true, in matters which had reference to persons of their own class: whereas slaves did not possess this right.
6th. Nearly all the ceorls were Saxons: we find in a canon of the clergy of Northumberland, that a ceorl accused of a crime, must bring forward as witnesses twelve ceorls and twelve Britons.