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A View Of Society In Europe, In Its Progress From Rudeness To Refinement : Or, Inquiries Concerning The History Of Law, Government, And Manners / By Gilbert Stuart, Doctor of Laws, and Member of the Society of Antiquaries at Edinburgh ; A New Edition
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1 68 A VIEW OF SOCIETY

individuals. For each hut was surrounded with an enclosure.And it was doubtless out of this enclosure that th.* Germanstave, being assigned land by his master, paid, in return,like a tenant, a proportion of corn, cattle , or cloth.Ceteris* servis; non in nostrum morem desctiptis per fami iam minif-

4 teriis utuntur. Suam quisque scdem, suos p.n.'tes regit.

5 Frumenti modum dominus , aut pecoris , av.t vejhs , ut colono injungit \ Etfervus haBenus pnret. Tacic.de Mor.Germ, c.z 5. This appropriation of land , and exertion overit, would spread by degrees, and enlarge the notions ofproperty.

In fact , it would seem, that this conduct was observedafter the German conquests ; and that the German enclosure ,or the lands of the house , and the assignment of them tostaves or servants , were usual. A proprietor or nob e retained,to be cultivated by his servants , for domestic use and hospi-tality, the land which was inter cuttern, or within view ofthe house or hall. What was out of the view of the house orhall, was given out in tenancy. Hence, among the Anglo-Saxons, the distinction of inland and out land. The inland,was the land inter enrtem , or the land of the house : Theoutland was the land out of the view of the house *. ßrithic,the rich Anglo-Saxon , had inland and outland, and disposedof them , in his will, to different persons f.

What is worthy of observation , the method of paying inkind , practised in Germany, and mentioned by Tacitus,continued also in the settlements of the barbarians, and evenafter they had become acquainted with coinage. Thus, inestates which had been long in any family, there were pay-ments in poultry, and in necessaries for the house. Du CangeGloss, voc. Gallinagium & Henedpeny. At this hour, bothin England and Scotland, there are relics of this usage.

* * Inland ., & Inlandum. Terra doniinicalis , pars manerii dominion«

8 Vox Saxonum, terram interiorem significans , nan) quae colonis &

* tenentibus concedatur , utland dicta suit , hoc est terra exterior, hodie

* tenementalis.* Spelman , Glojs. p. Zi6,

f Lambard , Perambulation of Kent.Lego,fays Brithic # * terras6 domimcales Wulfego, tenementales JElfego.