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  • April 1, 1855
  • Page 9
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The Freemasons' Monthly Magazine, April 1, 1855: Page 9

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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Untitled Article

Judging by analogy from the laws of the other Germanic tribes of nearly the same period , a theow of one lordship could not intermarry with one of another lordship . This provision was necessary , not only to hinder the disputes which would naturally arise between the two

lords , but to provide against the division of the members of a family , which had been so strongly condemned by the Roman law . Marriages between theows were considered by the Anglo-Saxon laws perfectly legitimate ; but there was an exception which the clergy , after the introduction of Christianity , combated with much zeal , and which was probably afterwards laid aside ; not only was the marriage between two persons of servile condition looked upon as rendered

void by one obtaining his liberty , without being able to free the other , so that the party freed was at liberty to contract a new marriage with one who was free ; but if a free-born man married a female theow , either his own or another ' s , he was at liberty to break the union at his pleasure . The object of this exception was , without doubt , to enable the freeman to secure the freedom of his children , born after the act of manumission .

The whole tenor of the laws appears to show that the theow had no appeal from , or action against , his master . The secular laws restricted in nothing the jurisdiction of the lord over his theows , for he had power of life and death over them ; and although capable of possessing and being masters of personal property , they were exposed to their lords' violence and extortion . This answers to the

description given by Tacitus of the German slaves . The theow thus enjoyed far less protection of person , from the laws of the country , than the Roman colonus . In one case alone , the law appears to have stepped in between the proprietor and his theow , which was when the latter worked on Sunday ; according to the laws of King Ina , of Wessex ( a . u . 688—726 ) , if he worked on the Sunday by his lord ' s command ,

the lord lost all right over him , and he became free ; but if he did it without his master ' s knowledge , he was to suffer " in his hide , " that is , he was to be flogged . So low , indeed , was the theow in the eyes of the law , that his testimony appears not to have been received as a witness ; and the only trial to whiclfhe was subjected was that of the ordeal , by which it is probable that he nearly always proved guilty

Erom his lord the theow received much the same kind of protection as would have been given to a horse or a dog ; any one who had received injury from him must complain to his master , who alone had the right of judging and punishing « he who slew or maimed him , must pay proportionate damages to the master for his loss . ( To be continued . )

VOL . I . 2 E

“The Freemasons' Monthly Magazine: 1855-04-01, Page 9” Masonic Periodicals Online, Library and Museum of Freemasonry, 22 June 2025, django:8000/periodicals/mmr/issues/mmr_01041855/page/9/.
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Title Category Page
" WHAT IS MASONRY DOING FOR INTELLECTUAL PROGRESS?"* Article 1
BRO. SIB EDWABD FFRENCH BROMHEAD, BART. Article 72
BRO. JOHN WILLIAM GARTHSIDE. Article 72
BRO. LEWIS SWEETING. Article 72
ANIMAL AND HUMAN INSTINCT. Article 17
METROPOLITAN. Article 42
BIOGRAPHIES OF CELEBRATED MASONS. Article 10
MASONIC CURIOSITIES. Article 13
CONTINENTAL FREEMASONRY. Article 22
SUPREME CONSEIL RIT ECOSSAIS Article 26
SONNET ON MARCH, 1855. Article 27
INTRODUCTORY LECTURE DELIVERED TO LODGE OF UNITY, WAREHAM, DORSET. Article 28
REVIEWS OF NEW BOOKS. Article 32
LIST OF NEW BOOKS Article 35
CHAPTERS OF INSTRUCTION. Article 71
CORRESPONDENCE. Article 36
NOTES AND QUERIES. Article 37
MASONIC CHARITIES. Article 38
MASONIC INTELLIGENCE. Article 38
Obituary Article 72
PROVINCIAL. Article 44
SCOTLAND. Article 57
COLONIAL. Article 59
INDIA. Article 64
ON THE POLITICAL CONDITION OF THE ENGLISH PEASANTRY DURING THE MIDDLE AGES.* Article 5
CHINA. Article 66
METBOPOLITAN LODGE MEETINGS FOR THE MONTH OF APRIL. Article 68
LODGES OF INSTRUCTION. Article 70
THE R.W. BRO. WILLIAM TUCKER Article 72
MISS CREW. Article 73
MRS. GEORGE ROUTLEDGE. Article 73
NOTICE. Article 74
TO CORRESPONDENTS. Article 74
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Page 9

Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Untitled Article

Judging by analogy from the laws of the other Germanic tribes of nearly the same period , a theow of one lordship could not intermarry with one of another lordship . This provision was necessary , not only to hinder the disputes which would naturally arise between the two

lords , but to provide against the division of the members of a family , which had been so strongly condemned by the Roman law . Marriages between theows were considered by the Anglo-Saxon laws perfectly legitimate ; but there was an exception which the clergy , after the introduction of Christianity , combated with much zeal , and which was probably afterwards laid aside ; not only was the marriage between two persons of servile condition looked upon as rendered

void by one obtaining his liberty , without being able to free the other , so that the party freed was at liberty to contract a new marriage with one who was free ; but if a free-born man married a female theow , either his own or another ' s , he was at liberty to break the union at his pleasure . The object of this exception was , without doubt , to enable the freeman to secure the freedom of his children , born after the act of manumission .

The whole tenor of the laws appears to show that the theow had no appeal from , or action against , his master . The secular laws restricted in nothing the jurisdiction of the lord over his theows , for he had power of life and death over them ; and although capable of possessing and being masters of personal property , they were exposed to their lords' violence and extortion . This answers to the

description given by Tacitus of the German slaves . The theow thus enjoyed far less protection of person , from the laws of the country , than the Roman colonus . In one case alone , the law appears to have stepped in between the proprietor and his theow , which was when the latter worked on Sunday ; according to the laws of King Ina , of Wessex ( a . u . 688—726 ) , if he worked on the Sunday by his lord ' s command ,

the lord lost all right over him , and he became free ; but if he did it without his master ' s knowledge , he was to suffer " in his hide , " that is , he was to be flogged . So low , indeed , was the theow in the eyes of the law , that his testimony appears not to have been received as a witness ; and the only trial to whiclfhe was subjected was that of the ordeal , by which it is probable that he nearly always proved guilty

Erom his lord the theow received much the same kind of protection as would have been given to a horse or a dog ; any one who had received injury from him must complain to his master , who alone had the right of judging and punishing « he who slew or maimed him , must pay proportionate damages to the master for his loss . ( To be continued . )

VOL . I . 2 E

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