Teutonic society. But he brought out with great distinctness the fact that the institution of capital importance was the war-chief and his troop of trusted companions. It was this institution "which was destined in its later development to change the whole fabric of society."

Elton gave the following account of the formation of Anglo-Saxon polity:

"On the conquest of a new territory . . . the leader would naturally reward his followers with gifts of land, if only for the maintenance of the cattle and slaves that formed their share of the booty. But a conquest would seldom be so complete that all fears of future resistance and all hopes of plunder were at end, and while the military relationship subsisted, the follower could only hold his estate on the condition of fulfilling his service. On the tenant's death the land must in most cases have reverted to the lord with the horse and armor and the rest of the warlike equipment which his bounty had provided. The tenant of such a precarious estate could confer no better title in his own dependents; and thus would arise a class of half-free retainers with nothing that could properly be called their own. The English thanes or 'nobles by service,' who in course of time took the place of the nobles by blood,' appear at first as the followers of a successful chieftan to whom land had been allotted as a reward for service. As the chiefs increased in dignity, the position of their 'companions' was altered for the worse. They stood to their lords in the relation of servants

bound not only to fight when required, but to ride on errands and to act as butlers and grooms. But in relation to their own tenants they were lords themselves, exacting service and labor and exercising jurisdiction in their turn, so that their estates from the first resembled nothing so much as manors of the medieval kind. . . . The whole country passed in time under the power of the king, the church, and the thanes; and as the jurisdiction of the lords was gradually converted into ownership of the lands in their districts, the descendants of the free men fell under onerous rents and services, and in many cases became serfs and bondsmen."

Such statements do not fit in very well with Freeman's contention that the Anglo-Saxons introduced into England the principle of personal liberty. Rather they suggest that, as in the case of the barbaric invasion of other Roman provinces, they introduced rude conditions of graded servitude which medieval law reduced to some sort of nominal order in the feudal system. The general effect of the works of Pearson and Elton was to reestablish the position of the eighteenth century historians with new fortifications derived from intensive study of Anglo-Saxon institutions. From this viewpoint the Teutonic institution of dominant importance was the chief and his band of devoted companions. There is nothing hypothetical about that. It is outstanding wherever

Teutonic usage comes into view. It was noted and described by Caesar and Tacitus, and over seven centuries after their time it is found with just the same character still flourishing among the Anglo-Saxons in England.1

The criticism to which the doctrine was subjected from various quarters, while not sufficient to overthrow its ascendancy, prevented it from obtaining in England such an authoritative position as it acquired in America. Works like those of Pearson and Elton lacked the romantic color which attracted readers to the writings of Freeman and Green, but they did possess clearness of statement and logical consistency sure to impress any one making a critical examination of the literature in this field. Different schools of opinion were formed, divergence between which became settled and permanent. The superior success of Freeman's school in reaching and forming general opinion is manifest. Professor Freeman himself set forth his doctrine in detail in an elaborate contribution to the ninth edition of the Encyclopedia Britannica (1878). In the latest edition of the Britannica (1911) the doctrine is still put forth, although the effect of adverse criticism may be noted.

So long as the existence of the Mark as a 1 See Appendix to this chapter.

2 In the article on "England," Vol. VIII, pp. 314-316, 321324, 326-327.

primitive Teutonic institution was conceded, the doctrine held its ground in the field of history. But the Mark theory too was eventually overthrown, not by direct assault but as an incident of deep explorations in the field of economic history.

APPENDIX TO CHAPTER VII

THE WAR LORD AND HIS COMPANIONS

Julius Caesar was elected consul 59 B.C., at a time when an invasion of Gaul was going on against which he took prompt measures. He employed German troops among his auxiliary forces and he crossed the Rhine to fight some German tribes in their own country. He gave this account of military custom among the Germans:

"When any of their chiefs has said in an assembly that he will be their leader, let those who are willing to follow give in their names,' they who approve of both the enterprise and the man arise and promise their assistance, and are applauded by the people."1

Tacitus, who wrote over a century later, gave a more definite account. He remarked:

"The dignity of chieftan is bestowed even on mere lads, whose descent is eminently illustrious, or whose fathers have performed signal services to the public; they are associated, however, with

1 Commentaries. Book VI, chap. xxiii.

2 His famous treatise on the Manners and Customs of Germany, was published A.D. 98.