STUDIES ON THE BED BOOK OF THE EXCHEQUEB STUDIES ON THE RED BOOK OF THE EXCHEQUER BY J. H. BOUND, M.A. I \ • ADTHOB OP ' GEOrrEEY DE MANDEVILLE ' ' FEUDAL ENGLAHD ' ETC. 'Not the least of Mr. Round's merits ia that the next generation will never want to know how much rubbish he has swept or helped to sweep away ' Sm P. Pollock {English Historical Beview) ISO Copies only. Printed for Private Circulation 'JCiiA^i^^-^ O ' PBEFACE As these studies are intended for historical scholars alone, I have thought it better to issue them privately and at iny own cost, the interest taken in original re search being here, unfortunately, very small. It has been urged, plausibly enough, that critical work of this character is out of place in books intended for perma nent reference. To those, however, who advance this view it may not have occurred that, in some cases, there is no other means of publishing such work at all. There are but two or three quarters in which, in this country, it could hope to see the light. In one of them a successful intrigue averted its publication; in another, the ' English Historical Eeview '. — intended, it is supposed, for this purpose, the avowed objection of its present editor to all ' controversy ' whatever has inade discussion impossible. A grave question, I submit, is thus presented to scholars. It has now been definitely shown that it is possible, in England at any rate, to publish a work of historical importance, for permanent and universal re ference, BO replete with heresy and error as to lead astray for ever all students of its subject, and yet to run vi PREFACE the gauntlet of reviewers, not only virtually unscathed, but even with praise and commendation. With the causes that make this possible I have dealt fully in the f' text. What I would here insist upon is that there is ' no means of revealing the truth about the work or ex posing the errors with which it teems, unless an expert who is capable of doing so has the public spirit to de vote his time and toil to the work and to publish the 1 result of his labours at his own expense. It is simply because I felt it my duty, as possessing the special knowledge required, to undertake this thankless task that I now publish these studies. '" In denouncing ' The Bed Book of the Exchequer ' as probably the most misleading publication in the whole i- range of the Bolls series, one has obviously no right to do so, if the matter were merely one of personal preju dice or opinion. But the statement rests, it will be found, on incontrovertible evidence, namely upon that of the public records, if not of the MS. itself. Again, a work of this character could not justly be condemned for those slips and small mistakes of which a certain percen tage must always, in fairness, be allowed for. These, however, are quite distinct from serious and misleading /^errors and, above all, from that wanton introduction of con fused and wild guesswork, which is the special feature of these volumes, and which is so strangely at variance with [_the rules of the Rolls Series. Of its baseless character these pages afford conclusive evidence, although the confi dent assertions in which the editor indulges have imposed, not unnaturally, on those who have not tested them. I cannot doubt that the competent scholar >rho peruses these pages will discover that the net result of ' The jrxixjiCAuri Vll Bed Book of the Exchequer,' published ofiioially at the cost of the nation, is not the increase of historical knowledge, but the intrgduction, on the contrary, of error, often in the place of truth. It must, however, be explained that these studies contain but a portion of the destructive criticism required by this singular work. Others, equally decisive, deal with- special sections; but as they are constructive as well as critical, and establish historical facts, in the place of erroneous fancies, they may fittingly appear as contributions to the work of original research. The question of Swereford's authority, to which a ( separate study is devoted, may not, of itself, be of much importance, except as bearing on the value of mediaeval ' authorities.' But, small or great, problems of this kind should not, if raised at all, be left undecided. I had found it necessary to raise it in dealing with Knight Service ; and this — for reasons which no one, apparently, is able to understand — was vehemently •resented by Mr.. Hall. He had, of course, a perfect right to rehabilitate Swereford's authority, if he had the means of doing so ; and, so far fi'om objecting, I should have been among the first to congratulate himj if he had done so. It will be found, however, that he "7 could not rebut my case, and, indeed, that his efibrts to explain away the errors and misconceptions of Swere- ford have resulted only in a demonstration that his hero's authority is even worse than I had previously / cared to assert.- It is presumably due to the weakness of his case that he has had recourse, unhappily, to malsing personal viii PEEFACE charges instead of defending his statements when ex posed to expert criticism. It is neither intelligible nor is it argument to dismiss such criticism as due to mere ' wounded vanity.' As for alleged misrepresenta tion or, worse still, tampering with the text, I need not, I hope, allude to such allegations further than to say that they explain and amply justify a tone which I should, otherwise, have been most reluctant to adopt. The growing interest that is now shown in palseo- gi'aphy and ' diplomatic ' has not removed, it would seem, from England the reproach of being somewhat backward in this department of learning. At Oxford, it is true, the distinguished names of Mr. Madan and Mr. E. L. Poole are a sufiScient guarantee of sound and sober scholarship. But at Cambridge and at the Londtm School of Economics the teaching, it appears, has been that which is found in ' The Red Book of the Exchequer." It is not only at these seats of , learning, but also at the Boyal HistoricaLSociety, and possibly at the Public Eecord OflBce, that a perusal of these papers may prove, I trust, of interest, and even, perhaps, of service. CONTENTS TAGB I THE ANTIQUITY OF SCUTAGE .... 1 II THE EED BOOK OF THE EXCHEQUEE . . 17 III ALEXANDER SWEREFORD 67 THE ANTIQUITY OF SCUTAGE Among the most important innovations assigned to Henry II is the introduction of the feudal tax known as ' scutage.' Dr. Stubbs had frequent occasion to refer to it as introducing a new principle, that of adopting ' the knight's fee, instead of the hide, as the basis of rating.' It is the history and the incidence of this new rating that lies at the root of Swereford's studies, and that chiefly led to the compilation of the ' Bed Book of the Exchequer.' ' The first point that we have to discuss, in dealing with this tax, is the period of its institution. Dr. Stubbs tells us that ' the term scutage ' was first employed under Henry II, in 1156 ; nor have historians, till lately, challenged this conclusion. In deed, it has been universally accepted. The evidence, however, adduced by me in the ' English Historical Beview' (1891) has made them now, Mr. Hall admits, in his preface to the ' Liber Eubeus,' ' well disposed to accept the earlier genesis of Scutage, which was utterly denied by Swereford and other technical writers of the twelfth and thirteenth centuries.' ^ The actual words of Swereford are these : ' temporibus enim regis Hen- rici primi . . . nee inspexi vel audivi fuisse scutagia ' See the paper below on The Bed Book of the Exchequer (ed. Hall), pubUshed in 1897. ^ Liber Huheus, p. cli. B 2 THE ANTiaUITY OF SCUTAGE assisa ; ' and the only criticism on this passage made by •me is that ' Swereford may be pardoned for his igno rance of the fact that scutage existed under Henry I.' This, surely, might disarm his - champion ; and yet he complains, even here, of ' a fatal flaw in the indictment.' My ' indictment ' is a statement that Swereford was ignorant of scutage existing under Henry I ; and it is he himself who tells us that he was. The fact is that in the section he devotes to the introduction of scutage and of knight-service into Eng land,' Mr. Hall, as usual, ' seems to be labouring under the delusion that Swereford's personal integrity has been attacked.' ^ He talks of ' clearing Swereford's reputation' (p. clvi), when, as we have seen, it has not here been assailed. It is not I, it is he himself who states that the ' genesis of scutage,' before the reign of Henry II, ' was utterly denied by Swereford,' and who then triumphantly claims that he never did deny it I Here are his own words : — One of the heaviest charges under which Swereford, as the reputed compiler of the Red Book of the Exchequer, lies at present undefended, is in respect of the above denial which he certainly seems to have made with great delibera tion. And yet it might be possible to prove that this statement cannot be shaken by the latest evidence which has been Lrought against it, for Swereford does not say that the term scutage has no earlier existence, but merely that he has never found or heard of a, list of scutages in the few re maining year-rolls of Henry I (pp. cli-ii). I am not responsible for Mr. Hall's confusion : ^ ' See. VI. (pp. cxlix-olxv). 2 This phrase is taken from the Athencsum review of the Liber Bubeus (Oct. 33, 1897). ^ Compare Feudal England, p. 264, where I cite Swereford's very words. THE ANTIQUITY OF SCUTAGE s I can afford to stand aside and watch him demolish an ' indictment ' invented by himself alone. Apart, however, from this odd confusion, Mr. Hall frankly owns that The evidence above referred to deserves our most careful consideration, for if its authenticity is once admitted, the accepted theory as to the origin of knight-service in England, and the equaUy familiar view of the institution of scutage in the reign of Henry II, must be henceforth for ever abandoned.He accordingly devotes several pages to investigating this question, asserting that ' a solitary charter,' of about 1130, is my only evidence (p. clii). If it is genuine, he himself assures us, ' Swereford's assertion is com pletely discredited ; and the theories of modern his torians which are based upon that assertion will of course share the same fate.' The subject being deemed of this importance, we must briefly examine Mr. Hall's argument. The first point he makes is that a clause occurring in the middle of the charter must have been an interpolation, because it is omitted from the tran script found in another Oottonian manuscript (Tit. A. 1). So far from being, as he claims, distinctly the earlier of the two, I have the very highest authority for stating that this latter manuscript is, if anything, rather later than the other (Tib. A. VI). It does not seem to have occurred to Mr. Hall that the clause may as well have been dropped by the one scribe as interpolated by the other. At the risk of being deemed presumptuous in thus venturing to question the view of one who actually lectures on palaeography and ' diplomatic,' I shall have lO show how curiously little he knows of either subject.' ' See other instances in point below. B 2 4 ' THE ANTIQUITY OF SCUTAGE In such a case as that of this charter, the expert judges by the run of the words, by the sense they make, and by the likelihood of interpolation : all three ¦ tests are in favour of the challenged clause. I place it here in italic type :— solebat dare de scutagio quando scutagium currebat per terram meam Anglim : ita quod Ecclesia amodo nan dabit inde nisilx lihras quando scutagium per terram evenerit.' The run of the words explains how the scribe leapt, as in similar instances, from one ' quando ' to the next ; * the sense of the charter is not improved, but impaired, by omitting the clause (for Mr. Hall has overlooked his tenses, ' solebat ' requiring ' currebat,' and ' evenerit ' answering to ' dabit ') ; and lastly there was no object in interpolating a clause which does not afiect the sense of the charter. The whole document, therefore, stands or falls together ; and if the term ' currebat ' in the challenged clause is strikingly 'technical' for so early a date, Mr. Hall should remember that the Norfolk Inquisi tions, as, in dealing with them, he here insists, enable us 'to antedate a certain phase in the technical pro cedure of Scutage by nearly half a century.' Nay, more. I have lately dealt with a (cartulary) charter granted by the son of a Domesday tenant, and therefore, in all probability, even earlier than this. In it we find ' Liber Bubeus, II, clii. 2 Oddly enough, there is, of this, an admirable illustration in the Liber Bubeus itself. In its text of the Constitutio (p. 812), the scribe has similarly leapt from one 'commedent ' to the next, thus omitting several words essential to the meaning of the text, and leading Mr. Hall into woeful error (see below). The Black Book, which is the better text, duly gives the omitted words. Another excellent instance is found in a Scottish charter with which I deal in my Calendar of documents preserved abroad. The name ' Haya ' occurs twice in it, and the scribe, leaping by mistake from one to the other, has omitted the intervening witnesses. THE ANTIQUITY OF SCUTAGE 5 mentioned 'communem geldam [sic] regis quae currit per totam terram Anglie,' just as in the Ely charter we find the king speaking of ' quando scutagium currebat per terram meam Anglie.' The latter phrase, Mr. Hall tells us, ' clearly implies an actual assessment entered in the revenue rolls, .... points to the assessment of periodical scutages in the lost Pipe Bolls of the reign of Henry I.'^ It would seem then that I treated Swereford too gently in the matter : in the words of his own champion he ' is completely discredited.' But even without the challenged clause, the charter, we learnt, ' is rather startling,' from its early mention of scutage ; and while he dare not reject it, Mr. Hall hints his suspicions. We see him, if he will pardon the expression, Willing to wound, and yet afraid to strike. Just hint a fault, and hesitate disUke. I shall now, therefore, produce several other charters, before the accession of Henry II, in which scutage is mentioned ; and if Mr. Hall replies, as hfe does, .that this scutage was a ' common assize,' and not J_ an assessment on the knight's fee,' I can refer him to an original charter below proving that in Stephen's days scutage was already fully developed, and might have been defined in the very words employed in the ' Dialogus ' itself. Combining the cases I have previously adduced^ with those I have subsequently noted, we have, under Henry I, an allusion by Herbert bishop of Norwich (d. 1119) to the sum of &QI. being exacted from him ' Liber Bubeus, pp. olii-iii. * Feudal England, pp. 268-70. 6 THE ANTIQUITY OF SCUTAGE 'pro militibus,'' and one about the same time, in England, by Eustace Count of Boulogne to his knights owing service ' in nummis.' ' A charter of circ. 1122 contains the phrase 'quietum J . . de omni expeditione infra Angliam vel extra An- gliam, de denariis militum quando et quocunque modo evenerint.' ^ The word itself definitely emerges in the charter of the Earl of Chester to St. Evroul (1121-1129) confirming his predecessor's gift ' liberam. et quietam Xab escuagio,'^ while Stephen, as Count 'of Boulogne (1125-1135), makes a grant to St. John's Abbey, Col chester, ' quietam ab scuagiis.' * When Henry I granted to Christchurch Priory, London, a general charter of exemption (before 1123), 'scutage' was among the payments from which it was declared free,^ and Madox appealed to a writ of that king among the archives of Westminster, directing that the abbot and monks of Westminster are to hold ' terram suam de Peritona . . . ita bene et honorifice et libere et juste et quiete de scutagio et gmnibus secularibus consuetudinibus, sicut pater tuus primitus ipsi Ecclesiee dedit et concessit et sicut ipsi postea melius tenuerunt, et tempore Hugonis comitis etc' We are thus prepared for the charter of Henry I, reducing the 1001., which the church of Ely ' solebat dare de scutagio quando scutayivm currebat per terram,' to 60?. ' quando scutagium per terram evenerit.' " Under Stephen, we have a charter granted by the ' Feudal England, p. 270. ^ Collections for History of Staffordshire, ii. 195. * Feudal England, 269. ' Cartulary of St. John's, fo. 20. = Mon. Aug. YI, 157. « Feudal England, p. 268. THE ANTIQUITY OF SCUTAGE 7 king himself, in which he confirms the queen's grant of East Donyland to St. John's Abbey ' quiete ab omnibus exactionibus, et de scutagio et de omni servicio militari ' etc' Even more important, however, are the charters of Gilbert, Earl of Pembroke (d. 1149), which, like that of Stephen, I have not, till now, made public. The first of these is to Lewes Priory, and relates to Horsted (Keynes), Sussex. It is an interesting illustration of history, referring, as it does, to the earl's possession, of the Rape of Pevensey (' Honour de Aquila '), a fact, I believe, only known from the mention, in the ' Gesta Stephani,'^ of Pevensey being one of his four castles when he rebelled against Stephen. Sciant presenter et futuri quod ego Comes Gilbertus Penbroc' donavi deo et sancte Marie et sancto Pancratio et monachis ibidem deo servientibus in liberam elemosinam servicium terre quam ipsi tenent de feodo Roberti de Horsted in elemosina que de scutagio reddere solebat decern solidos, et ipsum Robertum quietum clamo . . . illis dono et firmiter concede in libera elemosina quicquid ipsi tenent in rapo de Peveneshelle de cujuscunque feodo sit absolutum et quietum de schyris et hundredis et plaoitis et querelis et de omnibus aliis consuetudinibus in bosco et piano, in aquis et extra aquas et in pasturis quamdiu ego inde dominus et potens fuero aut heredes mei . . . Test . . . Ricardo filio comitis etc.* This charter, which has for its witness the famous ' Strongbow ' of later days, would be of interest if only as proof of the earl's tenure of the Eape and of the precarious nature of his possession. But what we are specially concerned with is his release to the priory of the ' service ' (i.e. knight-service) due from the land ' Colchester Cartulary, fo. 14. 2 Ed. Hewlett, pp. 128-9. ' Lewes Cartulary (Vesp. F. XV), fo. 73. 8 THE ANTIQUITY OF SCUTAGE referred to, which was, of course, equivalent to a ' gift ' of that service. The effect of the earl's ' gift ' was, to release the priory from paying scutage on the land to V Robert de Horsted, and Bobert, in turn, from paying it to himself, the earl, of course, being the party directly responsible to the Crown. The next euid the most conclusive document is the very interesting original charter,' by which the earl confirms gifts at Parndon, Essex, on his fief. Here, at length, we learn the fact that scutage was so established ,an institution, in the days of Stephen, that it was levied at either a marc or a pound on the knight's fee, just a^ it would be under Henry II. The system, in short, was fully developed. The land here granted was to- pay scutage as a tenth of a knight's fee, ' quando even erit,' the very phrase employed in mj charter of Henry I, while ' quando evenerint ' is similarly applied in the Staffordshire charter above, to what it terms the ' denarii militum.' ^ - Notum sit cunctis fidelibus quod ego comes Gilbertus concedo ecclesie sancte Marie de Suddwercha terram de Perenduna quam Johannes dapifer et Nicholaus de Epinges dederunt prefate ecclesie cum WiUelmo filio Eadmundi, cujus erat ipsa eadem terra, liberam ab omni servicio excepto scutagio quod quando evenerit unwm militem dare ocx solidos Pane ilia det ii solidos Si miles vm.us i marcam, ilia xvi denarios,'^ et hoc favore domini Talebot cui servitium ipsius ' Cott. MS. Nero C. IH, p. 228. ' It was clearly a technical word, for in the charter of Henry II (? 1157) exempting Colchester Abbey from Danegeld, etc. (Colchester Cartulary, fo. 9), we find the interesting Exchequer passage : — ' Et preoipio vobis quicquid evenerit super predietas hidas de Danegeldis et murdris et hidagiis eomputetis Viceoomitibus in quorum Bailliis terre ille sunt. Et tantundem detrahatur de summa rotulorum meorum.' v ^ Cf . the Carta of William ' de Abbrinois ' (Liber Bubeus, p. 192) in 1166 : ' quando Eex accipit auxilium de militibus xx solidorum, THE ANTIQUITY OF SCUTAGE 9 terre debetur, qui illam de me tenet. Capellam quoque et decimam meam de dominio de Torp et omnem decimam unde decimatio debet dari et unam ex tribus pisciiiis que ibi sunt et xl acras capelle adjacentes. Prseterea decimam de Cupefald in messe, in vitulis, in agris, in porcis, in oaseis, et in omnibus que decimari debent more catholico tarn in nemore quam in piano fideliter annuo, et in eodem manerio vi solidatas terre ubi Canonici mansionem facere possunt sibi in ospitium. Hec omnia confirmo hac mea presenti carta in redemptionem peccatorum meorum et peccatorum comitisse Isabel et pro salute filii mei Ricardi et pro animabus predecessorum parentum meorum et pro anima Willelmi de monte fichet ex cujus feudo exstitit pars hujus donationis. Et quecunque poterint adipisci vel dono vel mercatione in cujuscunque dominio feudi mei sit. Si quis autem ex meis tenentibus ill aliquid humanitatis et caritatis officium impartiri studuerit, ut in terris, in decimis et in aliis elemosinarum largitionibus gratiam et remunerationem a Deo omnium bonorum remuneratore et a me promereri valeant. Hoc vero factum est consensu Ricardi filii mei et consensu comitisse Isabel uxoris mee qui sunt hujus donati onis testes, et Hervic[us] frater mens ; Philippus de Humez ; Talebot ; Rogerus de Wanci ; Paganus de Cam- paignes ; Robertus capellanus Comitisse ; Willelmus filius Lamberti ; Paganus clericus ; Hugo clericus ; Turstinus mareschal ; Rogerus de Perenduna ; Hubertus de Reinduna et ejusdem Huberti fiKus Willelmus. In this case there was no release of the liability to scutage, as there was in the other. The charter contains much that is interesting. The description of the tithes to be paid and the allusion to their customary payment are peculiar features. The statement that a portion of the gift was of the fee of William de Montfichet, whose soul, therefore, was to share the benefit, needs some explanation. William had dabunt isti xii solidos, . . . et si marcam accipit, viii solidos dabunt ' ; also the Dialogus de Scaccario (I, ix) on scutage : ' fit interdum, ut decernat rex de singulis feodis militum summam aliquam solvi, " marcam scilicet vel libram unam.' 10 THE ANTIQUITY OF SCUTAGE married the earl's sister, and his fief, with his heir, passed at his death into the earl's keeping.^ The Gloucester cartulary and the Montfichet 'carta' of 1166 illustrate the earl's dealing with his nephew's fief. The occurrence of the earl's ' brother,' Hervey, as a leading witness is very welcome. For this is no other than Hervey de Montmorency (de Monte Marisco), who afterwards shared with his nephew, Earl Gilbert's son, the conquest of Ireland.^ Inextricably involved, in this section (VI) of Mr. Hall's preface to the Red Book, with the question of the origin of scutage are theories of the most far-reaching import on its connection with the older system of taxa tion and with the introduction of knight-service. It is ominous that, as in section VIII, we read ' that two possible explanations might be hazarded,' and that ' we may even be tempted to conjecture ' (pp. cxlix, clxiv). Why restrict oneself to simple fact, when it is always possible, even in official publications, to ' hazard ' groundless conjectures ? It is the closing portion of this section — some four or five pages — which is devoted by Mr. Hall to what he terms the ' Assimilation of Scutage to the System of Imperial [sic'] Taxation.' A few words are here necessary on the manner in , which one should approach serious historical questions. When a theory is of fundamental importance, and when, moreover, our leading historians are entirely agreed upon its truth, decency requires that their conclusions ' See my paper on the Abbey of Stratford Langthorne (Essex Arch. Trans, vol. v. p. 141). ^ See Feudal England, p. 523. THE ANTIQUITY OF SCUTAGE 11 should at least be seriously assailed, before being lightly dismissed as if requiring no consideration. And if a rival theory is to be advanced, affecting very gravely our institutional development, it should not only be supported by ample and indisputable evidence, but also be set forth fully, carefully, and, above all, consistently. Unfortunately, however, Mr. Hall has almost a habit of springing upon us incidentally some - revolutionary theory, which he lightly takes as certain, without troubling to prove it. And worse still, to the bewilderment of students, instead of working up to a clear and definite conclusion, he begins by insisting on some proposition of far-reaching importance, and ends by its virtual abandonment in a mist of vague verbiage. He has obviously a perfect right to enunciate any theory ; but he should, at least, make it clear to himself before he advances it in public, and should adhere to it consistently, or not advance it at all. Of this habit of his we have a perfect instance in the pages of which I speak. Discussing an entirely difierent subject, namely, the relations of the Crown, the tenarits-in-chief, and their under-tenants in the payment and receipt of scutage, Mr. Hall suddenly observes : — In any case it is at least an interesting reflection that not only was the classification of the military service of the tenants-in-chief according to knights' fees of far greater antiquity than has been usually supposed, but also that it did not necessarily disturb the ancierit system of assess ment ' for imperial taxation, which, in the shape of a common assize, continued to be apportioned according to the old plan of hidation—for scutage and aid, ' donum ' and ' The italics are mine. 12 THE ANTIQUITY OF SCUTAGE 'assisa,' carucage and hidage, and tallage — down to a far later period (p. clxi). The words I have italicised take for granted, under the guise of ' an interesting reflection,' that our leading historians are entirely wrong in holding as a fundamental maxim that a ' new system of rating land ' (as Dr. Stubbs terms it) was introduced after the Conquest, in which the feudal unit of the knight's fee replaced ' for the knights and barons ' the old Anglo- Saxon unit of the hide. ' Scutage ' was reckoned on the former, the new system ; ' hidage ' on the latter, the old system. So at least we have all believed. As for ' tallage,' nobody could pretend that this was apportioned in accordance with any possible system of ' hidation.' We naturally ask on what evidence the above startling theory is thus lightly propounded. The evidence is an afterthought. Under the marginal heading ' Assessment of land at the Exchequer,' Mr. Hall informs us that four hides were, at the Exchequer, reckoned as one knight's fee, and vice versa. Now let us clearly understand, if its author does not, what this statement means. It has been often held that a knight's fee consisted normally of five (not four) hides ; but this is not what Mr. Hall means. ' For,' as he admits, 'it is true that the number of hides computed in an individual knight's fee might and did vary, like the number of acres which the hide itself contained.' This admission is followed by what is really his proposition. It is quite clear, however, that as the normal ' hide was supposed to contain 120 acres, so the normal knight's fee • It will be found that Mr. Hall throughout confuses ' normal ' with ' conventional ' (i.e. the Exchequer reckoning). THE ANTIQUITY OF SCUTAGE 13 contained 4 hides ' — a scale which seems to have been recognised as late as the sixteenth century. Similarly, assessments on the fee might be computed in terms of the carucate and the bovate from the analogy of the ' common assize.' That is to say, there was a system of ' convertible assessments,' which are thus described : — One was based upon a conventional system of hidation, adapted for the assessment of general feudal taxation, including the scutage. The other was the convenient system of the knight's fee as a unit by means of which the assess ment could be calculated in a sort of decimal sum, which saved the labour of reducing the normal fee to the denomi nations of the hide and the virgate (p. clxii). The ' conventional system of hidation ' has been explained by Professor Maitland and myself, and is now well understood. It consisted in reckoning, at the Exchequer, that a 'hide' was equivalent to four ' virgates,' and a ' virgate ' to thirty ' acres.' As this relation was absolutely constant, the three denominations were as easily convertible as our own pounds, shillings, and pence. It will be seen, therefore, that what Mr. Hall means is that the ' knight's fee ' formed a higher , denomination, which at the Exchequer was reckoned as equivalent to four ' hides ' (or ' carucates,' as the case might be). He means this, or he means nothing. The importance of such a discovery as this would undoubtedly be very great. As is implied by Mr. Hall at the opening and at the end of this section, it raises the whole question of the origin of knight-service in England : it supplies at once the missing link between the old system of assessment and the new. But is it ' The only actual cases quoted by Mr. Hall are three fees, from Kirby's Quest— not of 4 carucates each, but of 8, 8, and 4^ (p. clxiv). 14 THE ANTIQUITY OF SCUTAGE f true ? For answer we need but glance at the sudden and unexpected admission, two pages later : It would be quite incorrect, however, to assume that all or any of the above scales of assessment are capable of being reduced to an exact formula. . . . But it is at least probable ' that the normal holding which was generally recognised at the Exchequer was that of the knight's fee of four or more hides or carucates (according to the ever varying value of the soil) to make up the valor of 20 librates (p. clxiv). Compare these vague generalities (especially the words I have italicised) with the definite proposition from which we started ^ ; and it will be seen that the writer has no sooner formulated his theory than he lightly abandons it himself. The assessnients, of course, could only be ' convertible ' if a knight's fee was always computed as equivalent to four hides. But this, we learn, was not the case. Therefore it was no more possible to convert ' fees ' into ' hides ' than it would be now to convert pounds into shillings, if a pound might mean twenty shillings ' or more,' and if even this was only ' probable.' Mr. Hall's edifice crumbles as usual almost as soon as it is raised. To show that the whole passage (pp. clx-clxv) is wrong from beginning to end, I must deal, as briefly as possible, with the second part of the theory, namely the convertibility, in the Exchequer system, of the term ' a knight's fee ' and 20 librates of land (p. clxiii) : — the librate is now regarded as the equivalent of a certain part of a fee. Many instances of the indiscriminate use of these three systems will be found in the Red Book itself. We constantly find the scribe reducing a money- • The italics are mine throughout. 2 P. 12 above. THE ANTIQUITY OF SCUTAGE 15 payment to terms of the knight's fee, and in one case five separate holdings, making together 3 fees, a half, a fifth, and a holding of 74 librates, are added together as 7f fees — 20 librates being counted to the fee (p. clxiii). Of this ' constant ' practice, it will be seen, Mr. Hall (fortunately) gives us one selected instance, citing ' pp. 355-6 and 731 ' of his text. Now if it be a fact that an Exchequer scribe, with nothing before him but ' a holding of 74 librates,' converted it fropio rnotu into 3^ fees, by counting 20 librates to the fee, Mr. Hall here proves his point.' On referring to p. 731, we duly find the total given at 7| fees ; and — which is more important — ^we find that the sum entered on the Roll of 1168 represents 7% fees (p. 38). But when we turn to ' pp. 355-6 ' the first point to strike us is that one of Mr. Hall's holdings, namely ' a fifth,' exists only in his own imagination : it is not to be found in his text ! And this upsets the whole calculation. Apart from this, moreover, the tenant who makes the return does not, as alleged, merely return ' a holding of 74 librates,' but says that he is enfeoffed in Sawbridgevporth ' pro Ixxiiij libratis terrae ; singulasxx libratas p-o servitio j milibs,' that is to say, he was enfeofied to hold it as 3^^^ fees. With this information before him the scribe had not to ' convert ' anything : he merely charged the tenant for what he himself admitted — 3^o- fees in respect of Sawbridgeworth. And so, once more, Mr. Hall's evidence collapses as soon as we test it. One point more. We read above of the scribe ' reducing a money -jsaT/meni to terms of the knight's ' I have myself urged that 20 librates was possibly the normal value of a fee ; but we are here only concerned with a conventional Exchequer reckoning. 16 THE ANTIQUITY OF SCUTAGE fee.' What Mr. Hall meant was, in this case, not a money-payment, but a 'money-waZtte. The two things were not only distinct, but had no connection with one another. How he can have so confused them into a single ' form,' as he does on p. clxiii, passes human compre hension. The 'formula [that] A. B. pays 3s. 4d. when the King exacts one marc of Scutage ' obviously means, as I have elsewhere explained, that he holds a quatter of a knight's fee (whatever its extent or value). Either phrase expresses his scutage assessment. It does not mean, as Mr. Hall asserts, ' that he holds a Tiormal quarter-fee of one hide.' Still less has it anything to do with the value of the holding in ' librates.' The very charter I have printed above (p. 8) is an instance in point. It affords absolutely no indication of the value or area of the holding. Its payment /ormwZa merely tells us that the holding was held by the service of one- tenth of a knight. Any scholar who looks at page clxiii will see at once that the writer is the victim of hopeless mental confusion, and that ' the evolution ' of the 20 librate holding ' from the above scutage formula (with which it had nothing whatever to do) is, to speak plainly, senseless. ' We may even be tempted to conjecture,' Mr. Hall characteristically concludes, ' that the complex system of enfeofi"ment and assessment . . . was merely the shadowy fabric of a feudal dream ' (p. clxiv). Adapt ing his phrase, we may safely say — not as a matter of ' conjecture ' but -of fact — that his complex system of ' convertible assessments ' is the shadowy fabric of a dream. 17 THE BED BOOK OF THE EXCHEQUER. Second only in honour to Domesday Book itself, the ' Liber Eubeus de Scaccario ' has, for more than six centuries, held a foremost place among our national records. Prized by ofBcials for its precedents, by antiquaries for its vast store of topographical and genealogical information, its well-thumbed pages have been scanned by twenty generations of students. At last-^one may use the term advisedly, for the work was announced as ' in the press ' for years — almost all its unpublished contents are made accessible in print.' The responsible authorities of the Bolls Series could not have selected an ofiicial more obviously qualified to edit the great Exchequer register than was Mr. Hubert Hall. Devoting himself with special zeal to the records of the ancient Exchequer, he had produced, as the fruit of his studies, . ' Court Life under the Plantagenets ' (1890), and ' Antiquities and Curiosities of the Ex chequer' (1891), while the papers in the third and seventh volumes of the Pipe EoU Society on ' the system of the Exchequer ' were also from his pen^ ' The Bed Book of the Exchequer, 3 vols. Edited by Hubert Hall, F.S.A., of the Public Record Office . . . under the direction of the Master of the BoUs. 18 THE EED BOOK OF THE EXCHEQUEE There is, perhaps, no man living, certainly no English man, so intimately conversant with the early records of what to the men of the twelfth century was already the mysterious, the almost sacrosanct Court of the Exchequer. But Mr. 'Hall had further claims. As Director of the Eoyal Historical Society, he was clearly an author ity on history, while his knowledge of palaeography and • diplomatic,' which was an essential requisite in the editor of a corrupt and derived MS., comprising a congeries of records, is vouched for by the fact that he has undertaken to teach and lecture on these subjects.' At Cambridge, also, Mr. York Powell (Begins Pro fessor at Oxford) stated before the Eoyal Historical Society, 17 June 1897, 'Mr. Hubert Hall of the Eecord Office is announced to lecture for the University ' on these subjects. (Transactions, xi. 35.) On every ground, therefore, he was obviously the man for the work. It should be scarcely necessary to say that an official edition of an official MS. stands on a very difierent footing from a book produced by a private individual on his own initiative alone. The latter is robed with no authority : if it is good, it will be praised on its merits ; if bad, it cannot exercise much mis chievous effect. The whole case is altered when a work is issued officially, published under the cegis of the Master of the Eolls and with all the prestige of the Public Eecord Office. It is not only that the work bears ' ' Un cours de paUographie et de diplomatique a &i& ouvert au commencement du mois d'octobre 1897 i Londres. . . . Le professeur est M. Hubert Hall. . . . Les 6tudiants sont exere^sala transcription, a I'Sdition, et k I'emploi des textes ' (Bibliothigue de I'Ecole de Char- 'tes, Iviii, 518). THE EED BOOK OF THE EXCHEQUEE 19 an official stamp : its inclusion in the famous Eolls Series, no less prized abroad than at home, makes it, permanently, a work of reference, and ranks it among volumes illumined by the work of a Stubbs, a Maitland, and a Luard. But the greater the position thus im parted, the greater also the responsibility, and the more urgent the need for an expert appraisal of a work certain to be widely consulted and accepted as of special authority. And still more urgent is that need when the subjects dealt with in the work are familiar only to a very few, so that the majority of those who consult it cannot appraise its statements for themselves. Indeed, when made with great assurance, and with an even greater show , of learning, they will be accepted without question, even though an expert, without an efibrt, could overthrow them one by one. This has actually^ come to pass. Alone, the Athenaeum critic has sounded a note of warning ; and even he is loth, he says, to mar the ' chorus of praise ' which has greeted this amazing work. Before I proceed to that expert criticism which, as I have show;i, is imperatively required in th^ case of such a work as this, I must say something of the loose talk about the gratitude due to the authors and editors of books. When a student produces, as a private enterprise, a work of original research or an edition of an historical MS., he will certainly expend much labour and probably some money on a work which cannot bring him any pecuniary return. To such a man gratitude is due, more gratitude, to speak plainly, than he is likely to receive.' But when the above AthencBum critic tells ' Since these words were written, Mr. Edward Jenks, in his 0 2 20 THE EED BOOK OF THE EXCHEQUEE us that we owe to Mr. Hubert Hall ' gratitude * and ' heartiest thanks ' for having edited the Bed Book, one wonders whether he has forgotten the fact that official editors are paid for their work. We are, therefore, free to judge their productions apart from any obligation of ' gratitude ' for their having undertaken to produce them. If they are good, they ought to be praised ; if bad, they ought to be exposed in the most unsparing manner, because their very official character makes their errors and their heresies infinitely more mischievous than if they had appeared only in some private work. In his well-known and brilliant lectures on ' Mediseval and modern history,' Dr. Stubbs has made some just remarks on the ethics of historical reviewing. He reminds us that a work should not be condemned — especially in an anonymous review — because its author's opinions differ from those of his reviewer. It is most desirable, in all controversy, to distinguish errors of fact, of date, of reading, and so forth, from what are merely matters- of opinion or conjecture. In the criticisms I shall now offer on ' The Eed Book of the Exchequer, it will, I hope, be found that they are in no way dependent on mere personal opinion, but that they rest on indisputable evidence, and sometimes even on the text itself, or indeed on its editor's own words. remarkable work, Law and Politics in the Middle Ages, has .thus frankly acknowledged the fruits of original research undertaken by experts : ' But for these labours, often ill-requited and always ren dered in a high spirit of devotion to the cause of learning, no such task as that which the writer has set before himself could have been essayed. If in any degree he has succeeded in rendering an intelli gible account of a period hitherto but little known to the ordinary reSider, it is to these self-denying scholars that he owes his success ' (p.Vii). THE EED BOOK OF THE EXCHEQUEE 21 It is one of the first and chief duties of an editor, in the Eolls Series, to append marginal dates to the chronicle or documents he deals with. This is, at all times, a matter of importance, but never more so than in these volumes, where the reader is often dependent H on the editor's marginal date for the right com prehension of the text. Now the very first portion of ; Mr. Hall's first volume is marred in this respect by / fundamental error. ^ As the roll of the Exchequer was made up, every year, at the Michaelmas session, the fiscal year never changed, but always ran from Michaelmas to Michaelmas. But the regnal years, dating as they did from the coronation of the reigning king, changed of necessity with each sovereign. Those, for instance, of Henry II began in December, while those of his successor Eichard were reckoned from September 3. Now each roll was styled, and known as, the roll of a given year of a given king ; but this meant the roll of the Miehaelmas which fell within that given year. That is the essential point to remember. The roll, for instance, known as of 10 Henry II, would be the roll made up at the Michaelmas of his tenth year, namely Michaelmas 1164. Thus his regnal and his fiscal years differed by less than three months. On the other hand; his son Eichard's first regnal year was September 3, 1189-September 3, 1190; but the roll of his first year was that of Michaelmas 1189, and covered the previous twelve months. There was thus almost a year's difference between the two reckonings. The editor, wholly oblivious of this, has dated the first fiscal year as ' 1189-1190 ' instead of ' 1188-9,' and 22 THE EED BOOK OF THE EXCHEQUEE has projected this reckoning right through the reigns both of Eichard and of John, dating every roll a whole year too late (pp. 9-12, 70-134). The strangest thing, however, is that Mr. Hall, who upholds Swereford when wrong, does not follow him here where he is rightj and where he carefully explains the reckoning. Henry II died, he writes, ' post rptulum anni regni sui XXX™"™ iiij""" completum, propter quod intitulatur in eodem, Rotulus regni Regis Henriei xxx^ iiif et ejus ultimus.' The thirty-four rolls of Henry extend from 1155toll88, both inclusive, and the ten of Eichard from 1189-1198, similarly. The first roll of John is that of Michaelmas 1199, not, as Mr. Hall makes it, for the year ending in 1200. His disastrous misconception not only affects nearly seventy pages, but somewhat impairs his own argu ments based on the supposed dates of the rolls. It is ' the more unfortunate, as the scutages under Eichard are a matter of growing constitutional importance, while those of John, as is well' known, were, from their amounts and the frequency of their incidence, a leading cause of the Great Charter, especially of its financial provisions. It is human to err ; but I think that Mr. Hall, when he finds himself thus misled, with all his facilities and his knowledge, may consent to place less implicit a trust in those of whom he is, if not the apo stolical, at least the official successor. As compared with this, it is a small matter that, on _ p. 769, ' Anno Begis Henriei filii Begis Johannis ij° ' is rendered in the margin ' 1200-1,' instead of ' 1217-8,' for it is clear that the editor here has merely misread his text. But one seeks to know why, on p. 774, no THE EED BOOK OF THE EXCHEQUEE 23 date is assigned to the ' Eotulus quondam Eoberti Mantel de firma comitatuum Essex et Hertfordsirse,' for the years in which a Eobert Mantel was sheriff of Essex and Herts can be ascertained, and it is tantalising to read of ' the personality of this remarkable man — one of the few great financiers of the century ' (p. ccliii), and not even to be told in what century he lived. There was a Eobert Mantel who was sheriff of Essex and Herts from 1170 to 1181, one of the king's typical officials, who acted as justice itinerant, &c. But Foss dismisses him in a few lines, and no one seems to have heard of him as a ' financier ' or a ' remarkable man.' ' All that is certain is that more than half of what is here printed as his ' rotulus ' (pp. 774-8) ^ is not hi^ at all, for he was only responsible for the counties of Essex and Herts. By a similar editorial misconception, the knights' fees on pp. 743-6 are continuously headed ' Feoda de Eeyleg, Peverel, et Hagenet,' to the utter confusion of the student, for, from ' Honore de Worme- geye ' onwards, they have clearly nothing to do with either of those honours. If ' editing ''means anything at all, it means surely that the reader Sliall be able to tell from the text what is the nature and the date of the document. he consults. Now it is scarcely credible, but none the less true, that Mr. Hall has printed as part of a carta of 1166 (pp. 357-8) a return of 1212 (p. 601). A reference to the relative entry on the roll of 1168, or even to his own text (p. 38), would have warned him at once of his ' His son and namesake held the shrievalty for two half-years, 17 John and 4 Hen. Ill (31st Eeport of Deputy -keeper, pp. 286, 287). ' Cf. pp. 1, cxx. 24 THE EED BOOK OF THE EXCHEQUEB error ; but finding ' a rider ' fastened on to a page in the Liber Niger, he seems to have jumped to the con clusion that it referred to a distinct fief, instead .of being a return for the same one some half a century later.' That he has no suspicion himself that the two returns are identical (pp. 357-8, 601), is seen from his making the manor with which they close to be an Essex manor (p. 1220) in the 'one case, and Tuttington, Norfolk (p. 1189), in the other. Oddly enough it is neither, being that of Guton in Brandeston. On the opposite page (p. 600) we have a similar instance in the ' Honor. de Kingtone quod fuit Adse de Port.' The honour thus .conspicuously entered is identified on pp. 546, 600 as that of ' Kington, co. Dorset,' and on pp. 489, 497 as of a place of that name in ' co. Wilts.' As a matter of fact, its caput was Kington, co. Hereford, on the Welsh border, which was the reason why Adam de Port re turned his carta under ' Hereford in Wallia ' (p. 279), why the ' Honor de Kinton ' is similarly entered on p. 497, and why Adam is styled ' de Wallia' on pp. 64, 93, &c But to return to Heliun (p. 357). ' No piece of clerical labour,' Mr. Hall informs uS (p. ccxix), ' was perhaps ever so ill performed ' as the transcription ' into the Exchequer Eegisters' of the cartce of 1166. It has proved a standing snare to antiquaries that ' later additions in the Black Book text ' (p. liv), which were not part of the cwrtoi at all, ' have been incorporated in the current text of the Eed Book,' while Hearne, when ' This has a bearing on the history of the MS. for an intelligent student. If the rider, as Mr. Hall holds, is in a hand contemporary with the rest of the Carta, then the Liber Niger text is not earlier than 1212 — which destroys his whole theory of its date: THE EED BOOK OF THE EXCHEQUEE 25 he printed the Liber Niger, did not distinguish, as he should have done, the original text from these additions. Dugdale himself, as Mr. Hall observes, was thus misled by the Eed Book text into inventing an erroneous . pedigree of Mortimer of Eichard's Castle ' (p. Iv). It was therefore the first business of an editor claiming to produce ' an improved text ' (p. ccxix) of these famous documents to distinguish most clearly the contents of the cartce therpselves (1166) from the other entries which the Eed Book scribe has wrongly mixed up with them. Mr. Hall accordingly warns us of these additions by foot-notes. But the Heliun addition which has so misled him is followed, we find, by others which he has similarly failed to recognise. In fact, for nearly two pages (pp. 357-9) the text is not derived from the cartce, though assigned, for the student's confusion, to '1166.' The ' Baronia Eoberti de Hastinges' is later, than 1166,' while the three entries which follow it are typical later additions. This, to me, was so obvious that I referred to the Liber Niger itself, where I found the ' Barony ' and them entered in another hand. Yet in this ' edition ' of the text there is no mention of the fact ; and those, therefore, who consult it must be always misled, Let us take another instance. On p. 288 ^ we find this remarkable entry : — Novum appositum de honore de Steuguile. WiDelmus Marscallus comes Penbroc debet Ixv milites et dimidium de honore de Struguiile. Idem debet ij milites de Castello Godrici, Idem debet de Penbroc. ' As, indeed, is also shown by its absence on p. 38. ^ '287' in Index. 26 THE EED BOOK OF THE EXCHEQUEE Now as William Marshal was not an earl and did not possess this honour till a much later date than 1166, this entry, unique in form, deserves careful study. I referred, therefore, to the Black Book, i and there discovered, firstly, that it is in the same writing as the cartce, and secondly that the heading (' NoviJm ' &c.) is not found there. Mr. Hall does not mention this important fact, although he has, professedly, collated the two texts. I need scarcely explain to the scholar the direct bearing on the study of both texts of the two facts which I thus discovered by referring to the MS. for myself. But can one place any trust in such ' editing ' as this ? The fact is that the large space Mr. Hall devotes to controversy, to trying to extenuate or explain away the demonstrated errors of Swereford, has compelled him to discuss the character of his MSS. all too briefly. The student surely is less anxious for the editor's opinion on historical points, which he can examine for himself, than for a careful description of the original MSS., which he cannot easily consult. But even where we are vouchsafed critical remarks on the MSS., these produce, when tested, a most dis quieting effect. Let us take, for instance, this passage from his brief critical remarks on the work of the Eed Book scribe (pp. liii-liv). He even writes Robertus for Folbertus (p. 347. This. looks as though the exemplar had ' Fobertus '). The ' D ' of the Black Book is remarkably like an ' A.' The Red Book scribe writes ' Avus ' for ' D[omi]nus ' regardless of the sense (p. 339). The former does not dot his ' i's' and makes his 'r' like an 'i,' the latter, who always changes 'i' into 'y,' writes J)(inmaytin for Danmartin,^ ' The above brackets represent footnotes. THE EED BOOK OF THE EXCHEQUEE 27 On referring to the two pages cited from the text, we first discover that the scribe has written, not ' Robertus,' but ' Eolbertus ' (p. 347) — which destroys the inference as to the ' exemplar,' and in the second place that he has not written ' Avus ' for ' Dominus ' (which would have been right), but, on the contrary, ' Dominus ' for ' Avus,' which, of course, is destructive of Mr. Hall's argument. Lastly, we find that, though ' Danmartin ' occurs in its various forms over forty times,' in only one case (p. 409) is the ' r ' altered to 'y,' and even there, Mr. Hall tells us, only ' partly ' so ! May one not relieve the dryness of this technical inquiry by the quaint thought that pupils are learning how to edit MSS. at the feet of this ' professeur ' of palaeography and diplomatic ? Let us take a single passage as an instance of what Mr. Hall can make of his text. Among his ' proofs ' that the Black Book MS. ' was compiled about the seventh year of the reign' of John (May 1205-May 1206) we find this ' remarkable evidence ' : — In the charter of William son of Richard, an entry occurs, as a later addition, to the effect that William Briwerre holds Chesterfield by the service of one knight (p. 344). The grant of Chesterfield was made in the sixth year of John, and therefore it follows that the MS.' in which this addition was made was written in or before that year. Now the grant of Chesterfield was made 27 Septem ber 1204, so that, if the argument has any meaning, the MS. must have been written before that date, which, so far from proving, disproves Mr. Hall's con- ' There are forty.gix references under it in the Index, but 'Daniel p'.ncerna ' seems to have slipped in among them by mistake. 28 , THE EED BOOK OF THE EXCHEQUEE elusion. But this is not all. The ' charter ' is not that of William son of Eichard, but of ' Ealf son of William ' (and, indeed, not even his, for the heading in the MS. is wrong) ; and William Briwerre held by the service, not ' of one knight,' but ' of half a knight ' (p. 344). Which proves that the editor, as we shall find, cannot even quote correctly his own printed text. But the climax is to come. William did, under this grant, hold Chesterfield &c. &c. by the service of one knight, as the Charter Eoll proves. Therefore the Eed Book text is wrong in reading ' Willelmus Bruerre dimidium j militis,' &c. Had Mr. Hall collated the Black Book properly, he would have found that for his ' dimidium,' it has only d', an abbreviation which the despised Hearne shrewdly suggested should be read ' d[ebet] I militem,' which gives us at once accuracy and sense. So too in the case of the reading ' Gilbertus filius Eein- fridi de j milite ' in the Eed Book and Mr. Hall's text (p. 444), which is nonsense, the same abbreviation, ac cording to Hearne, is found in the Black Book,^ though unnoticed by Mr. Hall, and the right reading clearly is ' d[ebet] j militem.' It is not possible, of course, without free access to the Liber Rubeus and the Liber Niger to collate these MSS. for oneself and test Mr. Hall's readings ; but the freedom he allowed himself in extension is well illus trated by his now notorious three names ' Torp, Widone, Andegane,' for ' Torp Widon[is] Andegav[ensis].'.^ On p. 242 we learn that while the Eed Book reads ' haec,' the Black Book reads ' haec' The point of this variant ' In which I have verified his reading. (I cannot reproduce the abbreviation in ordinary type.) * See Genealogist, July 1897. THE EED BOOK OF THE EXCHEQUEB 29 is not obvious^ and, as the word looks questionable, one refers to the Black Book, and there finds the abbrevia tion /i', which may stand for hie, hcec, hoc, and a dozen other things.^ Again on p. 312 we find Hugh de Bolbec, bearer of a well-known name — derived from Bolbec in the Havre country, given as ' Hugo Bolebache,' as if the name were a sobriquet. We are told in a note that the L. N. reads ' Bolebeche,' but what it reads is ' de Bolebeche.' The climax, however, is reached in the statement that 'both MSS. are utterly at fault with " Oinus Polcheard"'(p. ccxcix), who, we learn, can 'be easily identified with " Oinus Polcehart " or " Oinus serviens,' of the Pipe Eoll of 1130.' For, on turning to the text (p. 810) we discover that the Black Book reads, "according to Mr. Hall himself, ' Oinus Polechart,' so that no question can arise about ' Oinus.' And, when we further turn to the actual MS. of the Black Book, we read in its exquisitely clear writing, not ' Polechart,' but ' Polchehart.' Thus Mr. Hall, even here, where he makes a special point of the text, cannot read his MS. aright. Eeally, one begins to ask the question whether this lecturer on palaeography can even read the MS. before him.^ On p. cciv, for instance, we find this passage : — With respect to these [13 fees], Swereford significantly observes, in another place (fo. Il8d) 'Sed illos xiii [milites] attornavit [comes] ad servitium militare qui omnes non fuerunt milites.' This sounded so suspicious that I turned to the passage ' Martin's Eecord Interpreter. ' We find, in another place, Mr. Hall reading ' arma,' where his MS. has ' Barone.' 30 THE EED BOOK OF THE EXCHEQUEE cited, in the official transcript, where I found it to run : — ¦ Sed illos xiii attornavit comes ' ad servicium militare q' an' non fuerunt milites. ^ Now an' is a recognised abbreviation for ante,^ which makes sense : it cannot stand for omnes, which, further, makes nonsense. Mr. Hall, consequently, reads omnes. Nor is this all. Swereford's ' significant ' observa tion, as usual, proves to be merely part of his analysis of the Arundel carta, in which these fees are thus spoken of : — Et Rex Henricus dedit de suo dominio quod Comes attornavit ad servitium militare. ... Et sunt xiii qui per manum Comitis de dominio suo positi sunt ad servitium militare (pp. 201, 202). Swereford, therefore, tells us nothing : he merely para phrased the carta before him. As has been well observed by the Royal Historical Society : — It is useless to spend hundreds and thousands of pounds (as we have done, and in some cases are still doing) on the publication of historical texts, the editors of which possess the most imperfect knowledge of palseography. The result is seen in an ignorance of the best MSS., in wrong extensions of names and places, and in many topographical and philological absurdities. Now the best French scholars have strenuously insisted . . . that . . . the editor must interpret the cipher of the scribe by means of the most approved methods of historical, genealogical, topographical, and philological learning. The attention of the Fellows of the Royal Historical Society is called to this subject, 1 There is no occasion to supply this word. 2 The folio of the Eed Book (see Transcript) is not 118d, but 218d, and the reading an' is perfectly clear in the MS. ' See Martin's Becord Interpreter. The official transcript gives the abbreviation in record form. THE EED BOOK OF THE EXCHEQUEE 31 because it is one which will inevitably attract much notice during the next few years.' This prophecy has proved perfectly true. Another test of Mr. Hall's capacity to edit a mediaeval MS. is afforded by that important document the ' Constitutio domus regis,' of which the text is found both in the Eed Book and the Black Book. No one can collate these texts, as Mr. Hall has done, without see ing clearly that the Black Book has the best text. Bearing in mind this superiority, we may approach the editor's hypothesis on page ccc : — There is another doubtful reading of the text which has hitherto escaped attention. The Red Book, under the head of the Marshal's office, mentions the Hostiarii militis Episcopi.^ The Black Book has the reading milites ipsi ; but it seems more probable that the officers referred to are Bishop Roger's deputies (the technical meaning of milites), namely his nephew Nigel and Osbert Pont de I'Arche, who, as we know from the pipe rolls, were custodes of the Norman Treasury ; and this explanation accords well with the pointed allusion to the rare attendance of the Treasurer himself in the Norman household (p. ccc). It is desirable to print the texts side by side ; — Black Book. Red Book.^ Hostiarii milites ipsi in Hostiarii milites ep'i in domo comedent, et unicuique Domo commedent, uhicuique hominum suorum iij ob. in hominum suorum iij ob. in die et viij frustra cande- die et viij frustra cande- lorum. Gilebertus Bonus larum. Gilbertus Bonus Homo et Ranulfus in domo Homo et Radulfus in Domo comedent, et iij ob. horn,- commedent sine alia libera- inibus suis. Alii Hostiarii, tione (p. 812). non milites, in domo comedent sine alia liberatione (Hearne, ^ p. 355). ' ' The progress of historical research ' (Transactions, ix, 274). ' But according to Mr. Hall's text (p. 812) the Eed Book reads , ' Hostiarii, milites ep[iscop]i.' ' Mr. Hall's text. 32 THE EED BOOK OF THE EXCHEQUEE Apart from the superiority of the Black Book text throughout, it is obvious that in this passage the Eed Book has a grave omission.' And yet Mr. Hall de liberately selects the reading in the worse text. Now observe what his theory is : he holds that ' the treasurer ' was Bishop Eoger, and that the ' milites ep[iscop]i ' were the deputy treasurers. But the clause has nothing to do with treasurers ; it deals with the ushers (Hostiarii). Indeed, Mr. Hall himself, in his analysis (p. ccxcii), renders the word ' Ushers [of the Treasury].' Ushers are not Treasurers, and never were. We need not, therefore, waste time by explaining that Mr. Hall's reading would make nonsense of the Black Book text, or by proving the incorrectness of the state ment that ' deputies ' is ' the technical meaning of milites.' ^ The point one has to insist upon is the utterly uncalled-for character of the wild suggestion heralded by the words : ' it seems more probable.' Such instances as this may render us disposed to extend the time limit in this extract from an article assigned to Mr. Hall himself : — ^ We must have more texts and better texts to work from. We must resolutely discard the useless editions of our national Records prepared by the well-meaning official antiquaries of the first half of the present century,* One of the closest and most important parallels in the Dialogus and the Constiiutio is found in the passage relating to the Marshal and the tallies : — ' Compare p. 4 above. * We are referred, foi: this assertion, to ' Dialogus, i, 3.' But the chamberlain's ' milites ' there mentioned were so called, not because they were his deputies, but because they were knights, bounds to have horses and arms, and paid ' ratione militise.' ' 3 See English Historical Beview, xiii ,149. ^ Quarterly Beview, no. 367, p. 138. THE EED BOOK OF THE EXCHEQUEE 33 Constitutio. Dialogus. Magister Marescallus Marescalli cura est taleas . . . debet habere dicas de debitorum quas vicecomes donis et liberationibus que reddiderit, quae tamen annot- f uerint de Thesauro Regis et antur in rotulo, mittere seor- de sua Camera ; et debet sum in forulo suo. habere dicas contra omnes officiales Regis, . Cf. also his references to the Exactory Roll and Danegeld Roll, now completely lost to us (p. 659).3 We will take first the last of the three. Swereford's reference to the Danegeld Roll consists of the decisive words, ' ilium Rotulum non vidi ' (p. 659). Comment here is, obviously, superfluous. Of ' the Exactory Roll ' one cannot speak so briefly ; and yet the facts are clear. Swereford has to employ exactly the same method as any modern student would employ — as I have employed myself — -to ascertain the ' summa ' of the county ferm. Had he had at hand the ' Eotulus Bxactorius,' for the early years of Henry II, he could have obtained from ' Liber Bubeus, p. 4. ' Feudal England, p. 263. ' Liber Bubeus, p. clxvii. ALEXANDEE SWEEEFOED 71 it at once the '-summa,' which, on the contrary, he had thus laboriously to seek. His words are : — Ideo apposui plene hoc secundo anno corpora comita tuum et exitus Danegeldi, ut ex particulis possit summa, probari utriusque (p. 669). Strictly in accordance with this principle, we find him adding up the details, and writing :— ' Fuit ergo summa ' (p. 660) . . . ' Fuit ergo summa totalis ' (pp. 664-5), &c. It is obvious from this that he had only the same means of obtaining the ' summa ' as any modern student. The third proof of his special knowledge is, we have seen, ' his explanation of the Bishop of Worcester's indebtedness.' The passage referred to is Swereford's version of an entry on the roll of 2 Hen. II. That version runs thus: — Episcopus Wigornensis x\l., cum perdonis ibidem anno- tatis. Sed idem Episcopus calumniatur quod non debet nisi 1 milites — xl milites (p. 13). This, no doubt, makes nonsense. But it only does so because, by an incomprehensible blunder, Swereford has twice over written ' XL ' (40) for <"LX ' (60), the sum accounted for on the roll (as Mr. Hall admits) being 601. The converse error is found on p. 680, where Swereford adds up 40Z. odd as 60Z. Os. 6^d. (i.e. ' LX ' for ' XL '). Mr. Hall, observing the latter discrepancy, had added ' sic ' in a footnote ; but in the former case he was, perhaps, unwilling to admit so gross a blunder on the very first page of the list of scutages. He appends, therefore, this amazing note : — 72 ALEXANDEE SWEEEFOED This entry is very obscure. In the Roll the Bishop pays 40?. 10s. into the Treasury, and 191. 10s. are pardoned him. Presumably therefore he was quit,' but the Roll leaves this blank.^ In the ' Abstracts of the Pipe Rolls ' fo. 186 of the MS., the acquittance is given (probably from the Chancellor's Roll now lost) with the note, sed episcopus, ut dicit, non habet nisi I milites. Summa militum integra Ix ; calumpniatur x,^ thus clearly explaining the incident. Now observe that no explanation is required of the passage — when correctly given. The difficulty is solely caused by Swereford giving it incorrectly. And even if this were not so, Swereford's vaunted -' explanation ' proves no special knowledge : it is merely derived straight from the Roll.* A precisely similar illustration is afforded by Swereford's ' abstract of the Pipe Rolls ' in two other places. Mr. Hall, dwelling on the value of its ' his torical allusions,' writes as follows : — There are some interesting references to the ' guerra,' or civil war, which is the feature of the original Pipe Roll, 19 Hen. II. Thus, 'Nonredditur compotus hoc anno de honore comitis Con[ani] nee de feria Holandiae propter guerram Leicestrise.' The ' Leicester War ' is a new and graphic phrase. Also, 'Nota quod hoc anno computat Reginaldus de Cornhull de anno prsesenti et prseterito, quia totus ille fuit in guerra' (p. ccxiv). As to the first of these passages, a default 'per werrara Leg[recest]rie ' is duly entered on the roll of 1175,^ so that there is nothing new in the phrase. As to the second, it merely refers to this entry on the Eoll : — ' This, it will be seen, is a tacit admission that the right total is &QI., not iOl. (as given by Swereford). ^ This is an amazing statement. The Eoll appends the words ' Et quietus est ' at the close of the entry relating to the Bishop. ' This passage is found on p. 661 of the text, where the omission of the ' ut ' makes it nonsense. * Compare p. 80 above. « 21 Hen. II (Ed. Pipe Eoll Soc), p. 8. ALEXANDEE SWEEEFOED 73 Gervasius (sic) de Cornhilla reddit Compotum . . . de firma anni preteriti quia totus fuit in Werra.' Now the first point to be noticed here is that, by some inexplicable blunder, this ' interesting ' annotation sub stitutes Beginald for the well-known Oervase of the Eoll. As I cannot suspect even Mr. Hall of such a misreading as this, I am driven to assign it to Swere ford, who was doubtless thinking of Beginald de Corn- hill, a later sheriff.^ But this, though bad, is not the worst. The shrievalty of Gervase closed at Michaelmas 1174 : he accounted at Michaelmas 1175 for the year ending Michaelmas 1174 (when he was busy with the war) but not for the year ending at Michaelmas 1175 (' de prsesenti anno '), when Eobert fitz Bernard was" sheriff. How did Swereford come to make this ad ditional blunder ? We can, I think, account for it. The Kent roll of this year opens thus : — Gervasius de Cornhilla reddit compotum . . . de veteri firma tertii anni. . . . Et Idem de Jffova firma anni preteriti quia totus fuit in Werra.The ' Nova ' is an obvious blunder of the scribe, which, on the Chancellor's EoU, has been marked for dele tion.* Swereford, however, must have read the roll in so rapid and perfunctory a manner that he failed to observe this blunder, and consequently read ' nova ' as referring to the ferm ' de anno prsesenti' (1174-5).'' But what are we to say of his editor, who selects, as illustrating his knowledge, a passage which is merely • 21 Hen. U (Ed. Pipe Eoll Soc), p. 211. ' From 5 Ric. I to end of John's reign (31st Report of D. K.). » P. 207. * This seems to imply that he worked from the Treasurer's Eoll. 74 ALEXANDEE SWEEEFOED copied from the roll, with the addition of two gross and singularly careless blunders ? As with the scutage of the Bishop of Worcester, the blunders of Swereford are actually adduced as proofs of his special information ! Is it not obvious that the editor has approached Swereford's authority, not with the intention of ap praising or checking it, but with the resolve to uphold it even at the cost of the facts ? It is needless to multiply such instances ; but one may cite another of the notes to these ' abstracts,' which ' acquire a certain interest and value from the authority of Swereford's official position at the Exchequer' (p. ccxiii). It is this : — There is an interesting note as to the duties of the Usher of the Exchequer, as described in the Dialogus. It appears fro'm this notice that he was not only expected to serve the summonses, but also the other writs of the Exchequer, a circumstance not stated in the treatise, and which was unknown to Madox, as well as contrary to the later practice of the Exchequer (p. ccxiv). No reference is here given ; but I succeeded in identi fying the note in the official transcript of the MS. Here again the special information is found to proceed, not from Swereford, but from an entry on the Pipe Eoll of 21 Henry II :— Et Helie ostiario I marcam ad portand' summoniciones de Danegeld per Angliam per breve Regis (p. 15). Swereford noticed this interesting entry, exactly as a modern student might have done, and observes, against it, that it proves — non solum propter summoniciones compotorum vicecomi- tum de comitatibus dari marcam ostiario, sed etiam pro aliis brevibus portandis.' ' It is singular that Swereford did not notice the more striking fact of Danegeld being mentioned so late as -this. ALEXANDEE SWEEEFOED iS Another instance in which a significant observation of Swereford, as Mr. Hall terms it, is found to be nothing but a paraphrase of the Eecord before him is treated of above (p. 30). We have now seen that even in the cases selected as proofs that Swereford's work is based on special knowledge, we can trace his information to records as accessible now to ourselves as they were to him ; and we have further seen that, so far from supplementing their evidence, he could sometimes confuse it by blunders, due to his own carelessness.' We pass, therefore, from the general question to the special instances in which I have impugned Swereford's knowledge and authority. Mr. Hall calls on us to see in Swereford the •inheritor of that ' science of the Exchequer in which Bishops Eoger and Nigel, and even Henry of Winchester, were so fully versed,' . . . ' the last of a- long line of literate clerks reaching back, through an unbroken tradition of Exchequer practice, to the opening years of the twelfth century..' He is ac cordingly indignant at that ' severe and searching criticism,' which ' a modem student ' has dared to apply to ' a writer who has enjoyed the highest credit for accuracy with contemporary and modern writers alike,' and who is now charged with ' an absolute incapacity for dealing with the subject matter of his monumental work.' His hero is accused of ' wholesale blunders in 1 An instance will be found in his erroneous entries for Robert de Praers on pp. 24, 696, which are moreover (like ' Burohohillun ') of real importance for tracing the relations of different parts of the Red Book to one another. 76 ALEXANDER SWEEEFOED the method of interpreting his own records — blunders which were overlooked by Madox and Hunter, and practically by every subsequent writer on the same subject ' ; and Mr. Hall devotes no small portion of the limited space available for his Preface to showing that, even for an historical sapper, Swereford's authority should be sacred. Before approaching Mr. Hall's vindication, it will be well to show that the confidence of his conclusions may be in inverse ratio to their correctness. For this will enable my readers to judge what weight should be attached to his remarks. In his earlier papers on the Exchequer system, he denied ' the employment of a " chequered " table in early times at the Exchequer,' insisting that though ' nine people out of ten, misguided by a preconceived theory, have developed squares, marked out on the board, to assist calculation,' yet the table was simply divided into parallel columns. This theory, though ' wholly un orthodox,' was based on ' mathematical demonstration,' and was ' the only natural, nay, possible one from every point of view,' : indeed, ' none could possibly carry out the known plan of calculation on any other showing.' We should not lightly dismiss this theory : the point is fairly arguable. But it is the writer himself, in his ' Antiquities and Curiosities of the Exchequer,' who throws it overboard. We there read of the ' chequered table ' (pp. 65, 68), and are explicitly informed that it was ' divided into squares.' Nay, we are even given an entirely new diagram, in which the table is shown so divided. Unfortunately, the old diagram, showing it ALEXANDEE SWEEEFOED 77 divided into columns, figures in both his papers published by the Pipe-Eoll Society. Again, in his ' Court Life under the Plantagenets' Mr. Hall tells us that the ' famous ' Constitutio domus Begis, of which he there published a translation, and to which he had devoted much attention, ' can be dis tinctly referred to the reign of Henry II,' though Staple- ton (1840) had assigned it to 'about the year 1135.' In his Eed Book preface, however, we merely read that ' Mr. Stapleton clearly proved, long since, that this es tablishment refers to the reign of Henry I.' He also abandons, we discover, three suggestions on the text, which, in his earlier work, he had advanced with some confidence. Lastly, in a learned dissertation on Domes day, the Treasury, and the Exchequer, Mr. Hall wrote as follows : 'I have not the slightest doubt in my own mind, that Ingulphus saw the Domesday register, as it now exists, at Westminster.' It would be un generous to dwell on this unfortunate remark : I merely, recall it for comparison with the equally confident con clusions that Mr. Hall has here expressed on the know ledge and authority of Swereford. I have not, how ever, here exhausted my grounds for doubting his critical acumen.' One of the conclusions to which we are led by the keen investigation of the present day is that the tares of erroneous tradition sprang up, in those days, quickly, and that the men of the middle ages were often curiously misinformed about events that had happened not long before their own time. The admirable 'Dia logue' itself affords instances in point. We must, ' See further instances on pp. 4, 32, etc. 78 ALEXANDEE SWEEEFOED therefore, appraise Swereford's authority by testing samples of his statements, as, at the Exchequer, -the master of assays tested in the furnace a trial pound to determine the quality of the silver paid in by the sheriff for his shire. The test which I specially selected for the purpose is the levy of 1159, now known in historical works as the ' Scutage of Toulouse.' Challenging his statement as to this levy, I wrote — in words misapplied by Mr. Hall : — ' The value of Swereford's calculations is so seriously affected by this cardinal error, that one may reject with less hesitation his statement that the scutage of 1156 was taken for a Welsh war.' Let me endeavour to render clear to those un acquainted with the question what the error is with which Swereford is charged. The two first ' scutages ' taken by Henry II are recognised by modern historians as possessing exceptional importance, that «f 1156 being claimed as the earliest appearance of the tax, and that of 1159 as ' a turning-point in. the- history of military tenure.' On these two levies Swereford shall speak for himself. In his 'famous introduction,' representing the result of his researches — a treatise, or ' libellus ' as he terms it, complete in itself — he tells us that the former was raised ' pro exercitu Wallias,' and the latter ' pro eodem exercitu Wallite.' Nothing could be more precise than his words : his statement is absolutely unqualified. Yet, although, as we have seen, Mr. Hall • ignores any rejection of Swereford's statements before my own critical study in the ' English Historical Eeview' (1891), Dr. Stubbs rejected it without hesita tion in his ' Constitutional History,' not only assigning ' Liber Bubeus, p. 6. ALEXANDEE SWEEEFOED 79 the scutage ' accounted for in the Eolls of the fifth year ' (1159) to the Toulouse expedition of that year, but dis missing Swereford's assertion that it was ' for an ex pedition to Wales ' with the decisive remark that ' no such expedition was made.' Gneist similarly held that this levy was ' for the campaign against Toulouse ' ; and Miss Norgate in her well-known ' England under the Angevin Kings' (1887) quoted Swereford's words in full, only to observe that ' in both cases he is contra dicted by chronology and contemporary evidence,' the scutage of 1156 being ' levied specially to meet the expenses ' of Henry's campaign, that year, against his brother in Anjou, while that of 1159 was taken for the Toulouse expedition. The question, therefore, as Mr. Hall observes (p. clxvii), ' whether Swereford was justified in assigning the taxation ' of those two years to the Welsh campaign, is a clear and a direct issue. It will scarcely be believed that having accepted it, and having devoted no fewer than six and twenty pages to an elaborate vindication of his hero's knowledge, accuracy, and care, Mr. Hall triumphantly records his conclusion that the levy of 1156 was 'for the Anjou campaign,' and that of 1159 'for the Toulouse cam paign ' (pp. cxcii-iii), which, we have seen, is precisely what Swereford's critics have maintained. Thus I need not devote even six and twenty lines to refuting Mr. Hall's arguments; for, as in the case of the ' chequered table,' he leaves one nothing to refute. Doubtless, it may seem scarcely credible that after triumphantly insisting that ' Swereford was better informed than his modern critics ' (p. cxc), Mr. Hall should, even casually, make this admission : — 80 ALEXANDEE SWEEEFOED It will be evident that in some particulars, such as in his conjectures with regard to the scutage of 1156 and the Donum of 1159, he has missed the point of the con temporary assessments for military purposes (p. cc). For, though a cumbrous way of admitting that Swereford was wrong, and buried in the midst of a contention that he was right, it does reluctantly admit that ' his modern critics ' have proved the positive state ments in his treatise on the scutages ' to be not only mere guesses, but to be absolutely wrong. It is there fore demonstrated, by this test, that where Swereford makes an assertion for which there is no other authority, it cannot be accepted as based on independent know ledge. For it may, as in these cases, be merely an erroneous guess, expressed as if it were a fact. That is all that we wanted to know. It is specially, as we have seen, on the subject of these two levies that Swereford's statements have been impugned. The question of the scutages levied in 1161 and 1162 stands apart. On that question Mr. Hall speaks in language so confident, that I am compelled to explain how the matter stands. Swereford asserted that the levy of 1161 was at the rate of two marcs on the fee, and that of 1162 at one marc. This assertion had been challenged by me in the case of the lay fiefs,, and indeed we have only to turn to Swereford's own analysis (pp. 693 et seq.) to see that it cannot be main tained. Yet Mr. Hall ignores this criticism, and characteristically explains the difficult levies of these years by an elaborate assertion, for which he does not condescend to offer a particle of proof. ' This was printed by Madox as his definite pronouncement, and has been so accepted. ALEXANDEE SWEEEFOED 81 Those who prepaid their scutage in the fifth year did so at the rate levied on the tenants in the seventh year, and again paid their second instalment in the seventh year at the rate levied on those who paid in the eighth year (p. cxciii). Here is a most complicated arrangement, requiring elaborate calculation. Yet none is given us. Nay, on the next page we are given a solitary illustration, in which the bishop of Norwich and abbot of Hulnle pay at the rate, not of 3 (2 -h 1 -^ 0) iparcs on their fees, but at that of 5 (2 -I- 2 -H 1), and the abbot of St. Edmund's at the rate of 4 (2 -|- 2 -i- 0), which knocks the whole theory ' into smithereens.' Apart, however, from this, its intrinsic absurdity is shown by the consideration that if class A paid its instalments in 1159 and 1161, and class B in 1161 and 1162, both classes should figure together on the roll of 1161, which would thus contain an enor mous list. A brief examination of the rolls will show that it does not. It is deplorable that one should be com pelled to waste one's time on these fancies ; but when they are thus confidently stated, and by a responsible editor, the student will naturally suppose that they have been duly worked out, and will accept them as established — if they are not overthrown. It is very remarkable that while the chroniclers do not mention these levies of 1161 and 1162, they do mention the great levy for the Toulouse campaign in 1159. And one of those who do, Eobert de Torigni, was actually abbot, at the time,.of Mont St. Michel and, therefore, responsible for its scutage. One could not wish for better evidence. Modern historians justly G 82 ALEXANDEE SWEEEFOED quote these writers as proof that the levy of this year was ' the great scutage of Toulouse.' Mr. Hall, on his side, insists on p. 693 that the levy of the 8th year (1162) ' is to be regarded as the Great Scutage of Toulouse,' and on p. clxxiii that the levy of 1161 was ' the scutage of Toulouse.' Apart from this, slight confusion he supports the latter view by a new piece of evidence — ' a most decisive statement ' he terms it — claiming that 'this legal decision may be fairly regarded as establishing the fact beyond dispute.' ' We turn to this conclusive evidence, and discover, to our amazement, that it consists of a joke about the Pipe Eoll of 1161 deserving to be cast into the Fleet Prison because its evidence, as to a point of tenure, was rejected in 1236. This story is found among what Mr. Hall thinks ' highly probable ' were the contents of Swere ford's own notebook. Its sense is obscure, and its casual allusion to the levy of 1161 being the Scutage of Toulouse comes to us only through Swereford himself, who, it is admitted, held that view. In other words, Swereford's view is conclusively confirmed by — a state ment of his own. And if further proof be needed of the worthlessness of this evidence, on the importance of which the editor insists more than once, we find it on turning to the real record, the Pipe Eoll of 1234, where, under Surrey, we read that the question was settled, before the Barons of the Exchequer, ' per sacramentum xii militum ejusdem comitatus.' It is certain, indeed, from a study of the Eolls themselves, that the date 1236, given in the ¦ Cf. p. 65, above. ALEXANDEE SWEEEFOED 83 * Liber Eubeus,' and accepted as correct by its editor, cannot possibly be right. It is significant that on the Eoll itself there is not . a word, in the entry of the case, about ' the scutage of Toulouse.' So much for our precious piece of evidence, * an authoritative statement as to the date and entry of the famous scutage. of Toulouse ' (p. ccli). It dates itself wrongly ; it is not a record ; it is corrupt at the beginning ; it ends in a joke ; and the ' legal decision ' was not concerned with the name of the scutage of Toulouse (which had nothing to do with the issue). Nay, we have no real proof that ' the scutage of Toulouse ' was even mentioned. That I may not be accused of bias in my criticisms of Swereford, I may observe, in passing, that the entry adduced from the roll of 1 161 is duly found there in the roll itself, but is said in Swereford's extracts from the rolls, on p. 701, to be taken, with two like it, from the roll of the following year. As this error (ignored by Mr. Hall) to me seemed improbable, I referred to the original MS., and found that Swereford clearly meanSj as I read the MS., to assign these entries to the 7th year, although his editor has made him assign them, in error, to the 8th. Either Swereford or his editor is here at fault ; but I do not think it is Swereford.' I have been discussing above the levies of 1161 and 1162. But this discussion, it must be remembered, in no way affects the definite issue raised by Swereford's statement as to those of 1156 and 1159. It is the ' The student should be warned that Bartholomew ' de Chesney ' (p. 701) and Bartholomew de ' Cheym ' (p. 754) are identical, though indexed as distinct by Mr. Hall, Q 2 84 ALEXANDEE SWEEEFOED latter statement that I made my test of his authority, because it has been utterly rejected by others as well as by myself. And, as we have seen, Mr. Hall himself has had to confess that our criticism is sound. But even as to Swereford's statement on the levies of 1161 and 1162, he finds himself, it is clear, in diffi culty ; for ' the known practice of the Exchequer as to the date of assessment and enrolment ' (p. clxxi), on which he so strenuously insists, is that the assessments levied for the campaign of one year were practically accounted for, as we have seen, in the rolls of the next (p. clxxxii). And on pp. clxxxiv-v we are assured that ' the three earlier ' scutages of Henry II present ' no difference whatever ' in this respect. This is not, as he elsewhere admits (pp. clxxvi, cxcii), the case with the first of them (1156),' and still less with those which follow. For as the Toulouse expedition took place in 1159, its scutage should appear ex hypothesi on the roll of 1160, and not on those of 1159, 1161, or 1162. This diffi culty, as I have said, must have been keenly felt ; for we are suddenly presented, in a matter of course manner, with this desperate ' explanation ' : — The simple explanation of the difficulty experienced by all modern historians in the identification of the scutages assessed between 1159 and 1162 is therefore this : that contemporary writers and officials regarded the Toulouse War as part and parcel of the French War which was pro longed for some forty years after the actual siege, whereas •modern writers have assumed (not unnaturally, but entirely without warrant) that the title is confined to the events of a , , , , few months. The testimony of a great contemporary his- ' Swereford distinctly asserts (pp. 6, 13) that it was assessed ' ' ' ' (assisum) in the second year, in which it was also accounted for. ALEXANDEE SWEEEFOED 85 torian is, however, decisive oii this point, and may be com pared with the legal proceedings above-mentioned : ' Bellum quoque Tolosanum,' &c. (p. clxsiii). Now Swereford speaks, not of the ' bellum,' but of the ' exercitus ' of Toulouse ; and, so far from applying that term to a forty years' war, he actually appends a gloss to his phrase, explaining that it referred to ' the actual siege,' exactly as ' modern historians ' have held. The siege was in 1159, and what he says of the scutage of 1161 is this : — Fuit assisum ad II marcas pro exercitu TholosEe, scilicet, quando idem Rex Henricus obsedit Tholosam (p, 7). It is in the teeth of this' decisive statement that Mr. Hall assures us that Swereford was thinking, not of the siege of Toulouse, but of ' the French War ' that followed. The ' worthy ' Archdeacon himself disposed of this ' simple explanation,' when he thus, as if fore seeing it, spiked his editor's gun. Having now shown that in the test-case originally selected by me, namely his assertion on the scutage of 1159, Swereford is admittedly in error, I pass to another matter, namely his ' dictum ' (ut supra) as to Exchequer practice. My criticism here was this : — He appears to have evolved out of his inner conscious ness the rule that a scutage, though fixed and even paid in any given year, was never accounted for on the rolls till the year after. The persistent assertion that the Cartce Baronum were connected with and preliminary to the auxilium ad filiam maritandam of 1168 is undoubtedly to be traced to Swere ford's ipse cZiaji^. to that effect, He distinctly asserts that the aid was fixed (assiswm) in the thirteenth year (1167), that the returns (carto) were made in the same year (1167), and that the aid was paid and accounted for in the four^ 86 ALEXANDEE SWEREFOED teenth year (1168).' . . . This throws an instructive light on Swereford's modus operandi. Finding from the rolls that the payments made in 1168 were based on the returns in the cartce, and not being acquainted with the date of the latter, he jumped to the conclusion that they must have been made' in 1167, it being his (quite unsupported) thesis that all levies were fixed in the year preceding that in which they were accounted for on the rolls (Feudal England, pp. 264-5). Every word of this indictment remains absolutely true. Mr. Hall, I may observe, carefully ignores Swereford s error in assigning the returns to 1167, though he him self is well aware that they were all made 'before Michaelmas 1166,'^ the fact being proved by one of those very rolls from which Swereford worked.^ But what we have to deal with here is Swereford's dictum, on which his editor would like to fight the battle of his accuracy, as he cannot defend it, we have seen, in the matter of the ' scutage ' of 1169. That ' dictum ' is found in his comment on the Scutage of Galloway, and runs as follows : — Et nota quod, quandooumque assidentur scutagia, licet eodem anno solvantur, annotantur tamen in annali anni sequentis (p. 8). His editor waxes wroth at the thought that this state ment has been ' boldly challenged,' and asserts that ' in every other instance than those of the three scutages in dispute (1156-1162) his statement is literally correct.' Well, we will take the most favourable test, the scutage of Galloway itself ; and by the side of Mr. Hall's ' vindi cation" we will place Swereford's words. ' Bed Book of the Exchequer, pp. 5, 8. ^ ' At least we possess the certain knowledge that the returns were preserved in one of the Record-chests of the Exchequer before Michaelmas 1166 ' (p. ccxix). ' See p. 65. ALEXANDEE SWEEEFOED 87 The next Scutage, that of Anno xxxiii" (sic) Regis Galloway, was assessed, ac- Henriei fuit assisum scu- cording to Swereford, in the tagium Galweise (p. 58), 32nd (sic) year, and entered in the 33rd year-roll. The king's movements in the former year prove that Swereford was again right. Let it not be said that I am taking advantage of a .plip on Swereford's part : as proof that I am not, I will next appeal to the great aid for Richard's ransom, because Mr. Hall fixes on this as a proof of Swereford's ' minute accuracy.' I again quote his vindication. The scutage for the Anno vi" (sic) Regis Ri- King's ransom was un- cardi fuit scutagium uni versale assisum ad xxs, nullo exempto (p. 79). doubtedly assessed in or before the 5th (sic) year, . . . and it is also un doubtedly entered in the 6th year-roll, as Swereford states. With reference, to this levy we have an inci dental proof of the Arch deacon's minute accuracy. He terms this ' Scutagium universale,' &c. I need not, it will be observed, discuss Mr. Hall's state ments : I have only to quote Swereford's text as edited by Mr. Hall himself. The worthy Archdeacon and his learned editor may be left to settle their own differences. Were it needful, I could show with ease that the muddle- headed Swereford could not even adhere to his own mistaken dictum. The ' hasty charge,' of which, says Mr. Hall, he is ' acquitted on the clearest possible evidence,' is one that can be proved up to the hilt : it can be demonstrated from Swereford's words, and from 88 ALEXANDEE S'WEEEFOED his editor's own admissions, that his 'dictum' is wrong for each one of his first four ' scutages,' which are those around which thg whole fight has raged.^ Although I have disposed of Swereford's dictum out of his own mouth, I may add that its intrinsic absurdity consists in its statement that scutages, even though paid (' licet eodem anno solvantur'), are not accounted for on the roll. Thus a scutage paid in November or December would be accounted for, according to him, not at the following Michaelmas, but at Michaelmas year, i.e. nearly two years after it had been paid.^ Mr. Hall insists that no one conversant with the method of Exchequer accounts, and the legal machinery employed for levying the scutage, (could) suppose that it could be accounted for within a few weeks of the time when it was assessed, or began to run (p. clxxxv). I have never suggested that it could be accounted for ' within a few weeks ' ; but the student will be interested to note how quickly, as a matter of fact, it could be accounted for after an expedition which had not even been foreseen. At Michaelmas 1173 the fermors of Hyde Abbey ' red- dunt compotum de xv li. de scutagio militum de exercitu Scottie.' ' The expedition into Scotland was taking place in this very month of September ; and as the Scotch King had only begun hostilities late, it would seem, in the summer, this case alone is sufficient to dispose of Mr . Hall's elaborate theory about the scutage having to be ' put in charge ' long before it was accounted for (p. clxxxvi, &c.). ' Le. those of 1156, 1159, 1161, 1162 (see p. 84, supra). ' This, it will be found, is the only meaning that can be put upon his words. » ^o^_ p^_ j^g jjgjj_ jj^ ^ g,^_ ALEXANDER SWEREFOED 89 Statement after statement in this vehement defence can be similarly disposed of by turning to the words of Swereford himself: — Me. Hall. Swebefohd. He has been censured for Et nota quod dona prse- the supposed statement that latorum in summa pecunii» the contributions of the pre- convenienti feodis quae ten- lates were made on a fixed ent de Rege in capite, ita scale. It will be found that quod ij marcce computentur he merely mentions a ' sum pro feodo uno (p. 6). suitable to their fiefs.' I do not know where Swereford has been ' censured' for making such a statement; but we see that his words, when quoted in full, do describe contributions on the ' fixed scale ' of two marcs for every fee. By the converse error, Swereford. ignored the levy of 1165, although it has been shown to afford exactly the infor mation he was seeking, on the ground that it was not levied at a fixed rate on the fee.' That such, and no other, was his meaning, is shown by comparing these two passages which face one another in Mr. Hall's text : — ' (1168) Apposui quidem (1165) Quod quidem aux- istud auxilium in numero ilium in numero scutagi- scutagiorum, quoniam cog- orum nolui apponere, quo- nita summa marcarum, cog- uiam probata summa auxilii noscitur per consequens et propter hoc non probatur numerus militum. numerus militum, &e. His champion, though actually quoting his words, substitutes a totally different explanation : namely, that he 'reluctantly passed it over, owing to the obvioiiB impossibility of compiling therefrom a complete list of ' See Feudal England, p. 267. On the same page will be found his extraordinary error about the abbot of Gloucester, 90 ALEXANDEE SWEEEFOED knights' fees' (p. cxcvii), for he 'absolutely rejected isolated entries as useless for his purpose ' (p. clii). This, it will be seen, is entirely different from the reason Swereford gives. But the climax, perhaps, is reached when, after reading that the Inquest of 1166 was ' rendered desir able not merely in view of realising the anticipated Aid for the marriage of the King's daughter,' we are told, on the contrary, with perfect truth : — There is not a scrap of evidence to support the common belief that the Council,' the negotiations for the royal marriage, and the contemplation of a Scutage, are indis- solubly connected with the execution of this great Inquest, and it is perhaps to be regretted that so much time and learning should have been squandered upon this vain surmise. For to whom -is traceable this ' vain surmise ' ? jjy whom i^ this Inquest ' indissolubly connected ' with ' the negotiations for the royal marriage ' ? By Swere ford himself. He tells us in his ' famous introduction ' that — Cum Rex Henricus, filius Imperatricis, Duci Saxonise filiam suam Matildem, nuptui traderet, a quolibet sui regni milite marcam unam in subsidium nuptiarum exegit, publico prsecipiens edicto quod quilibet prselatus et baro quot milites de eo tenerent in capite publicis suis instru mentis significarent. The whole confusion is traceable to Swereford, and to Swereford alone. Nor can Mr. Hall have overlooked the fact ; for I specially charged it against his hero that ' the persistent assertion that the Cartce Baronum were connected with, and preliminary to the auxilium. ' This is ' the Great Council of March 13, 1166 ' (p. ccxviii), which exists only in Mr. Hall's imagination. ALEXANDEE SWEEEFOED 91 ad filiam maritandam of 1168, is undoubtedly to be traced to Swereford's ipse dixit to that effect ' (p. 85, supra). Yet he carefully conceals the fact that the error he denounces was Swereford's, and even upholds his accuracy against my own indictment ! It is not strange that these tactics, with which we have already met in the case of Swereford's ' dictum,' ' should delude the unwary critic, and should lead him to accept the writer's claim that he has vindicated Swereford's authority. For it could hardly be suspected that evidence would thus be suppressed. But all the greater is the downfall of the case, when from Swere ford's own lips we demolish Mr. Hall's pleas. Everyone who has the cause of history at heart is bound to denounce this mischievous attempt to rein state as a trustworthy authority a demonstrably mislead ing writer. It would not be at all unjust to say that, so far as concerns his avowed object, that of determining the military service due to the King of England,^ Swereford's calculations are worthless : it has been left for modern research to discover the key to the problem. In an official edition of a volume long famcus among our Public Eecords, we look, not for the impassioned pleading of an eager partisan — suppressing and pervert ing evidence, but for the sound and balanced judgment of a scholar devoted only to the interests of historical truth. ' See p. 87, supra. Sjpottiavoode & Co. Printer i, 'Kevs-street Square, London. 3 9002 00499 5206