I therefore venture the opinion that the settlement of England in the fifth and sixth centuries was not Teutonic or Germanic, but SCANDINAVIAN.
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. Hereditary right seems to have been unknown. The essence of feudalism WAS A LIFE ESTATE, the land reverted either to the sovereign or to the people upon the death of the occupant. At a later period the monarch claimed the power of confiscating land, and of giving it away by charter or deed; and hence arose the distinction between FOLC-LAND and BOC-LAND (the land of the book or charter), a distinction somewhat similar to the FREEHOLD and COPYHOLD tenures of the present day. King Alfred the Great bequeathed "his BOC-LAND to his nearest relative; and if any of them have children it is more agreeable to me that it go to those born on the male side." He adds, "My grandfather bequeathed his land on the spear side, not on the spindle side; therefore if I have given what he acquired to any on the female side, let my kinsman make compensation."
The several ranks were thus defined by Athelstane:
"1st. It was whilom in the laws of the English that the people went by ranks, and these were the counsellors of the nation, of worship worthy each according to his condition—'eorl,' 'ceorl,' 'thegur,' and 'theodia.'
"2d. If a ceorl thrived, so that he had fully five hides (600 acres) of land, church and kitchen, bell-house and back gatescal, and special duty in the king's hall, then he was thenceforth of thane-right worthy.
"3d. And if a thane thrived so that he served the king, and on his summons rode among his household, if he then had a thane who him followed, who to the king utward five hides, had, and in the king's hall served his lord, and thence, with his errand, went to the king, he might thenceforth, with his fore oath, his lord represent at various needs, and his and his plant lawfully conduct wheresoever he ought.
"4th. And he who so prosperous a vicegerent had not, swore for himself according to his right or it forfeited.
"5th. And if a 'thane' thrived so that he became an eorl, then was he thenceforth of eorl-right worthy.
"6th. And if a merchant thrived so that he fared thrice over the wide sea by his own means (or vessels), then was he thenceforth of thane-right worthy."
The oath of fealty, as prescribed by the law of Edward and Guthrum, was very similar to that used at a later period, and ran thus: