"The next and most considerable degree of all the people is that of
the FREEMEN, anciently called Frilingi, [Footnote: This is a
Teutonic, not an ANGLO-SAXON term; the ANGLO-SAXON word is Thane.]
or Free-born, or such as are born free from all yoke of arbitrary
power, and from all law of compulsion, other than what is made by
their voluntary consent, for all FREEMEN have votes in the making
and executing of the general laws of the kingdom. In the first,
they differed from the Gauls, of whom it is noted that the commons
are never called to council, nor are much better than servants. In
the second, they differ from many free people, and are a degree
more excellent, being adjoined to the lords in judicature, both by
advice and power (consilium et authoritates adsunt}, and therefore
those that were elected to that work were called Comites ex plebe,
and made one rank of FREEMEN for wisdom superior to the rest.
Another degree of these were beholden for their riches, and were
called Custodes Pagani, an honorable title belonging to military
service, and these were such as had obtained an estate of such
value as that their ordinary arms were a helmet, a coat of mail,
and a gilt sword. The rest of the FREEMEN were contented with the
name of Ceorls, and had as sure a title to their own liberties as
the Custodes Pagani or the country gentlemen had."

Land was liable to be seized upon for treason and forfeited; but
even after the monarchs had assumed the functions of the FOLC-
GEMOT, they were not allowed to give land away without the approval
of the great men; charters were consented to and witnessed in
council. "There is scarcely a charter extant," says Chief Baron
Gilbert, "that is not proof of this right." The grant of Baldred,
King of Kent, of the manor of Malling, in Sussex, was annulled
because it was given without the consent of the council. The